Malaysia

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LAWS:

  • Outlaws same-sex relations.
  • Same-sex female sexual relations are not outlawed.
  • No recognition of same-sex unions or same-sex marriages.
  • No adoptions allowed by same-sex couples.
  • No anti-discrimination laws concerning sexual orientation.
  • No anti-discrimination laws concerning gender identity/expression.
  • LGBTI people are not allowed to serve in the military.
  • No legal protection from employment discrimination, hate crimes, etc.
  • Malaysia Penal Code, 2006, section 377A-377B: all genders who commit “intercourse against the order of nature” are liable to a maximum of 20 years in prison and/or whipping.
  • Penal Code section 377D: all genders who commit “acts of gross indecency” are liable to a maximum of 2 years in prison.
  • Under Section 7(3)(a) of the Societies Act 1966, the Registrar of Societies shall refuse to register a local society where it appears that such a local society is unlawful or is likely to be used for ‘unlawful purposes’.” (See below)
  • Several states in Malaysia have instated Islamic Sharia law, criminalising same-sex sexual acts with up to three years imprisonment and whipping. The Sharia law in the Malaysian state of Pulau Pinang confers penalties for sodomy [Liwat] and lesbian relations [Musahaqat] with heavy fines, three years imprisonment and 6 lashes.”

STATISTICS:

  • Human Rights Watch reports that state-level Shari’a (Islamic) laws prohibit cross-dressing, and transgender people “face arbitrary arrest, physical and sexual assault, imprisonment, discriminatory denial of health care and employment, and other abuses.
  • The new Prime Minister of 2018 has expressly rejected ‘LGBT and same-sex marriage’ as ‘things only meant for the West’.”
  • In 2018, in a response to a parliamentary question and following a national controversy over a gay kiss in a Disney film, the deputy home minister reiterated that LGBT content will be banned from broadcast unless there were ‘lessons to be learnt’, pursuant to guidelines set by the LPF.”
  • In 2010, the Film Censorship Board (LPF) relaxed its ban on “homosexual content” pursuant to the Film Censorship Act, provided that gay characters became straight at the end.”
  • In 2017, LGBTI group Pelangi Campaign’s application for registration was rejected without any reason and its appeal was also rejected in 2018, citing section 7 of the Act, which empowers the Registrar of Societies to reject applications without the need to provide any reasons.”
  • In 2017, the federal government’s Islamic Development Department endorsed and promoted “conversion therapy”. According to local sources, State officials have been organising “conversion therapy” courses aimed at transgender women.”
  • “In February 2017, the government’s Islamic Development Department (JAKIM) released a video explaining how Muslims can ‘help’ LGB people change their sexual orientation.”

EXTRAS:

sources: ILGA / The Star / Herald Sun / Malay Mail / Facts And Details / Today Online
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