Malaysia: Update to MYS41879.E of 25 August 2003; arrests, convictions or charges against Islamic and non-Islamic lesbians, gays, and/or bisexuals; sentence imposed on these individuals; whether non-Muslim homosexuals or bisexuals are targeted by the religious police (August 2003 - June 2004)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Ottawa |
| Publication Date | 21 June 2004 |
| Citation / Document Symbol | MYS42734.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Malaysia: Update to MYS41879.E of 25 August 2003; arrests, convictions or charges against Islamic and non-Islamic lesbians, gays, and/or bisexuals; sentence imposed on these individuals; whether non-Muslim homosexuals or bisexuals are targeted by the religious police (August 2003 - June 2004), 21 June 2004, MYS42734.E, available at: https://www.refworld.org/docid/485ba86c2d.html [accessed 17 September 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. |
Specific information on arrests, convictions or charges against lesbians, gays, and/or bisexuals in Malaysia could not be found among the sources consulted by the Research Directorate. However, The Independent reported that in 2003, gay men in Malaysia had been subjected to judicially sanctioned flogging (25 Apr. 2003). A researcher who conducted a study on Muslim homosexuals in Thailand found that the objects of his study, despite mistreatment, fared better than homosexuals in Malaysia (The Nation 19 June 2003). In the words of the researcher, "'[I]n Malaysia, many [homosexuals] are arrested and forced to go through a rehabilitation camp to make them "male" again....One Thai-Muslim gay man said he was once hit by a police baton while travelling in Malaysia" (ibid.).
In August 2003, the Women's Aid Organization (WAO) based in Malaysia presented a memorandum to the Malaysian Human Rights Commission (SUHAKAM) outlining concerns and recommendations referring to media attacks against the gay, lesbian, bisexual, and transgender (GLBT) community (28 Aug. 2003). In particular, the WAO denounced the media for their hostile approach towards so-called effeminate men and masculine women and called upon the SUHAKAM to protect the rights of GLBT persons in Malaysia (ibid.).
During a national television broadcast in September 2003, 365Gay.com reported that prime minister Mahathir Mohamad delivered a speech "riddled with anti-gay epithets and threats" (3 Sept. 2003). According to 365Gay.com, "Mahathir warned that 'if there are any homosexuals in Malaysia they had better mend their ways,' or face the maximum prison terms" (3 Sept. 2003). The Website magazine also indicated that Mohamad's chosen successor, Abudllah Ahmad Badawi has stated that he intends to pursue Malaysia's strong Islamic stance against homosexuality (365Gay.com 3 Sept. 2003). The New Straits Times reported Malaysian Minister Rais Yatim as stating that "'[t]he law on sodomy as stipulated in the Penal Code is adequate. It provides harsh punishment for offenders convicted of committing unnatural sexual practices'" (8 Feb. 2004). The Dallas Voice reported that former deputy prime minister and finance minister Anwar Ibrahim, who had been fired and imprisoned on charges of corruption and homosexuality, has already served his corruption term but is only eligible for release in 2009 (2003).
Nevertheless, sources have also reported that despite the legal barriers and negative social attitudes, the gay and lesbian community in Malaysia has increasingly become more visible, boasting a number of commercial establishments such as bars and saunas, and non-governmental organizations such as the Pink Triangle Foundation based in Kuala Lampur (Gaytimes 14 June 2004; Bnews Feb. 2003; Utopia-Asia n.d.)
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 sources consulted in researching this Information Request.
References
365gay.com. 3 September 2003. Peter Hacker. "Malaysian Leader Attacks Gays and Western 'Homo' Media in National TV Speech."
Bnews [Melbourne, Australia]. February 2003. "Malaysia: A Two-Faced Society."
Dallas Voice. 2003. "End of Leader's Reign Gives Hope to Man Imprisoned on Sodomy Charges."
Gaytimes, London. 14 June 2004. "Lesbian and Gay Malaysia."
The Independent [London]. 25 April 2003. Johann Hari. "At Last the UN Recognises the Need for Gay Rights; In Egypt, There Has Been Grotesque Show Trial of More than 50 Gay." (NEXIS)
The Nation [Bangkok]. 19 June 2003. "Muslim Homosexuals: Thailand 'Easier Than Malaysia'." (Dialog)
New Straits Times [Kuala Lampur]. 8 February 2004. Hamidah Atan. "United Nations Ill-Advised on Homosexual Laws."
Utopia-Asia. n.d. "Malaysia Gay Resources and Travel Tips." (Google Cache)
Women's Aid Organization (WAO). 28 August 2003. "Memorandum to SUHAKAM (Malaysian Human Rights Commission)."
Additional Sources Consulted
Internet sites, including: Aliran-National Conscious Movement, Amnesty International (AI), Asia Pacific Forum of National Human Rights Institutions, European Country of Origin Information Network (ECOI), Freedom House, Gay Times, Human Rights Watch (HRW), International Gay and Lesbian Human Rights Commission (IGLHRC), International Lesbian and Gay Association (ILGA), Lesbian and Gay Equality Project, Malaysian National News Agency (BERNAMA), Overseas Security Advisory Council (OSAC), Planet Out, Sarawak Tribune, The Star (Malaysia), Suaram-Voice of the Malaysian People, United States Department of State, Utusan Online, Wockner News, World News Connection/Dialog.