Malaysia: The situation of sexual minorities (January 2002 - August 2004)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 13 August 2004 |
| Citation / Document Symbol | MYS42857.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Malaysia: The situation of sexual minorities (January 2002 - August 2004), 13 August 2004, MYS42857.E, available at: https://www.refworld.org/docid/41501c38e.html [accessed 31 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Information on the situation of sexual minorities, in addition to that which is contained in MYS38131.E of 18 January 2002, MYS41879.E of 25 August 2003 and MYS42734.E of 7 July 2004, was scarce among the sources consulted by the Research Directorate.
Homosexuality remains illegal in Malaysia (gaytimes 14 June 2004). Section 377 of the Penal Code provides that the punishment for engaging in homosexual acts is caning and up to 20 years' imprisonment (Guardian 3 July 2004; ibid. 1 July 2003; Australian Financial Review 1 Nov. 2002; Gay Australia n.d.a). Under Islamic law, those arrested for homosexuality will face flogging and a prison sentence (UPI 15 July 2003; Australian Financial Review 1 Nov. 2002). According to correspondence received by the Research Directorate from the International Lesbian and Gay Association (ILGA), in addition to corporal punishment and imprisonment, punishments for homosexual acts include the death penalty (4 Aug. 2004).
In practice, however, two news sources reported that the laws are rarely enforced (IPS 18 Jan. 2002; Taipei Times 6 Mar. 2004) and in general, homosexuals are "left alone if they keep to themselves" (ibid.). Gay Australia, a Website dedicated to providing comprehensive information for Australia's gay and lesbian community (Gay Australia n.d.b), stated that in Malaysia, "[h]omosexuality is loudly condemned, but widely practised" (ibid. n.d.a). The source also indicated that Malaysia's homosexual and lesbian community "has continued to grow and become more open" (ibid.). According to gaytimes, Europe's "leading gay magazine," which is based in the United Kingdom (UK) (gaytimes 2004), Malaysia "has a surprisingly vibrant gay community with lots of bars, clubs, saunas and gay organisations" (14 June 2004; see also Gay Australia n.d.a).
A search for reports of arrests, convictions and/or charges brought against members of the sexual minority community revealed the following: approximately 100 men are arrested annually in Malaysia by the morality police for "'attempting to commit homosexual acts'" (Gay Australia n.d.a). In 1998, the former deputy Prime Minister, Anwar Ibrahim was charged and arrested for engaging in sodomy (AP 12 May 2004), and in 2000, was sentenced to nine years' imprisonment (Gay Australia n.d.a). Ibrahim claims that these charges and his subsequent conviction were politically motivated to prevent him from challenging the then-Prime Minister, Mahathir Mohamad (AP 12 May 2004). Ibrahim was to succeed Mohamed, until differences in their opinions on policy developed in 1998 (ibid.). In May 2004, Ibrahim's appeal of the charges and conviction was being heard before a three-judge panel of the Federal Court (ibid.). Information on the outcome of this appeal could not be found among the sources consulted by the Research Directorate. Other, specific reports of arrests, convictions and/or charges brought against lesbians and homosexuals, particularly between January 2002 and August 2004 could not be found among the sources consulted by the Research Directorate.
Same-sex marriage is also forbidden and as at March 2004, legalization was not being considered (Taipei Times 6 Mar. 2004).
Syariah law provides that transsexuals, known as mak nyah in Malaysia, can be charged with cross-dressing, for which the punishment is a steep fine (Sunday Mail 23 June 2002). Several 2002 news articles reported that mak nyah are harassed by the police, are not accepted by employers who refuse to hire them fearing that they would tarnish the image of the company, often turn to the sex trade to earn a living, face social stigma and often abandon their families to avoid bringing shame upon them (ibid.; New Straits Times 26 July 2002; ibid.5 Aug. 2002).
Gaytimes reported that in 1998, 45 transvestites were put on trial for having a drag beauty pageant in the state of Kedah (14 June 2004). Other, specific reports of arrests, convictions and/or charges brought against transvestites and/or transsexuals, particularly between January 2002 and August 2004, could not be found among the sources consulted by the Research Directorate.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
Associated Press (AP). 12 May 2004. Sean Yoong. "Malaysia's Mahathir Should've Been Required to Give Evidence at Anwar's Sodomy Trial, Appeals Court Told." (Dialog)
Australian Financial Review. 1 November 2002. Bruce Cheesman. "Malaysia's 'Monica' Targets New Victim." (Dialog)
Gay Australia. n.d.a. Adam Carr. "Malaysia: A Two-Faced Society. " _____. n.d.b. "About Us." gaytimes. 14 June 2004. "Lesbian and Gay Malaysia." _____. 2004. "Home Page." Guardian [UK]. 3 July 2004. Jeremy Seabrook. "It's Not Natural: The Developing World's Homophobia Is a Legacy of Colonial Rule." (Dialog)
_____. 1 July 2003. Sally James Gregory. "Gay Rights: Divided World." (Dialog)
International Lesbian and Gay Association (ILGA). 4 Aug. 2004. Correspondence.
Inter Press Service (IPS). 18 January 2002. Marwaan Macan-Markar. "South-East Asia: Sexual Minorities Find Greater Acceptance." (NEXIS)
New Straits Times [Malaysia]. 5 August 2002. Anthea De Lima. "Many Do Not Sympathise with 'Mak Nyahs.'" (Dialog)
_____. 26 July 2002. "Transsexuals Want Authorities to Hear Their Plight." (Dialog)
Sunday Mail [Malaysia]. 23 June 2002. Jeswant Kaur. "Living in the Shadows." (Dialog)
Taipei Times. 6 March 2004. "Countries Come to Terms With Gay Weddings." United Press International (UPI). 15 July 2003. "Analysis: Gay Marriage Around the Globe." (Dialog)
Additional Sources Consulted
Internet sites, including: Aliran, Amnesty International (AI), BBC, Bernama (Malaysian National News Agency), Country Reports on Human Rights Practices for 2003, Daily Express [Kota Kinabalu], European Country of Origin Information Network (ECOI), Freedom in the World 2003, Gay Crawler, G.A.Y. Malaysia Network, Gayscape.com, Global Gayz, Human Rights Watch (HRW), Integrated Regional Information Network (IRIN), LesBiGay Malaysia Online, Sinchew [Petaling Jaya], South Asia Web.
