Malaysia: Information on the treatment of lesbians; the penal code as it applies to lesbians and gays; whether lesbians are arrested or charged under the law (2000-2003)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Ottawa |
| Publication Date | 25 August 2003 |
| Citation / Document Symbol | MYS41879.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Malaysia: Information on the treatment of lesbians; the penal code as it applies to lesbians and gays; whether lesbians are arrested or charged under the law (2000-2003), 25 August 2003, MYS41879.E, available at: https://www.refworld.org/docid/485ba86cc.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. |
No information on the treatment of lesbians in Malaysia could be found by the sources consulted by the Research Directorate. However, the state's position on homosexuality is outlined below.
In April 2003, Malaysia, along with four other Muslim nations, successfully blocked a United Nations vote to have the international definition of discrimination expanded to include discrimination on the basis of sexual orientation (365Gay.com 25 Apr. 2003). Moreover, in November 2001 the Malaysian Prime Minister, Mahathir Mohamad, was quoted as saying that homosexuality is not accepted in Malaysia (HRW 2002; LGEP 5 Nov. 2001).
With respect to the Penal Code as it applies to gays and lesbians, the International Lesbian and Gay Association's (ILGA) World Legal Survey states that although the Malaysian Penal Code criminalizes male homosexual activity, no mention is made of sexual relations between women (21 July 2002). The ILGA survey also mentions that until the recent rise in Islamic fundamentalism, laws against homosexuals "were rarely enforced" (ILGA 21 July 2002). Quoting from a February 1998 OG News article, ILGA reports that the state Religious Affairs Department introduced
a 5,000 ringitt (US$1,700) fine and six strokes of a rotan (rattan cane) and/or three years in jail for sexual "offences" including prostitution, heterosexual adultery, lesbianism and sodomy (ibid.).
The Advocate, an American gay and lesbian news magazine, adds that religious leaders in the states of Selangor and Kedah and in the territory of Kuala Lumpur are poised to introduce caning in addition to the current fines for homosexual activity (13 Apr. 2000). The state of Jahore was reportedly the first to introduce such a penalty (The Advocate 13 Apr. 2000).
In an interview with Time Magazine, Abdul Kadir Che Kob, the head of education and research at the Islamic Affairs Department, in Malaysia, condemned homosexuality as "'a sin worse than murder'" (26 Sept. 2000). Abdul Kadir's department manages a group of 50 enforcement officers authorized to arrest homosexual Muslims (Time Magazine 26 Sept. 2000). In 1999, the force reportedly arrested 111 men in Kuala Lumpur for "'attempting to commit homosexual acts'" (ibid.). However, according to Abdul Kadir, no lesbians have ever been arrested either because there have been "no complaints" against them or "because it is difficult to gauge who is a lesbian" (ibid.).
Several news articles reported that Ummi Hafilda Ali3/4the same woman who was involved in bringing down the former deputy prime minister, Anwar Ibrahim, on sodomy charges (Australian Financial Review 1 Nov. 2002)3/4accused Azalina Othman, the women's wing leader of the ruling United Malays National Organization (UMNO), with being involved in lesbianism (ibid.; Bernama 29 Oct. 2002; Fridae 28 Oct. 2002). However, no further information regarding the outcome of the allegations was found among the sources consulted by the Research Directorate.
In 2000, Time Magazine suggested that homosexuality in Malaysia "seem[ed] to be growing" (2 Oct. 2000), and a BBC article in that same year maintained that "even in Malaysia, despite the spread of Islamic conservativism, there is growing recognition of the existence of gay and lesbian Malaysians who have been previously ignored" (22 Nov. 2000).
The Swinging Riots, Malaysia's lesbian softball team, was the first team to compete in the Gay Games in Sydney, Australia (Fridae 18 Sept. 2002; Gay Games VI 4 Nov. 2002). Moreover, the PT Foundation, a Malaysian non-profit organization that provides HIV/AIDS and sex education and support for gays, lesbians and other marginalized people, held their first gay and AIDS-themed film festival in Kuala Lumpur in December 2002 (Fridae 10 Dec. 2002).
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 to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
The Advocate [Los Angeles, CA]. 13 April 2000. "Malaysian Laws Will Allow Caning for Gay Sex."
Australian Financial Review [Sydney]. 1 November 2002. Bruce Cheesman. "Malaysia's 'Monica' Targets New Victim." (Dialog)
BBC. 22 November 2000. "Coming Out: Gay and Lesbian Life in East Asia."
Bernama [Kuala Lumpur]. 29 October 2002. "No Report Yet on Lesbian Allegations Against Azalina, Says Jamil." (Dialog)
Fridae. 10 December 2002. Fridae Magazine. "Gay and AIDS-Themed Film Festival in KL, Dec. 20-22."
_____. 28 October 2002. Fridae Magazine. "M'sian Bizwoman to Answer PM's Call for Lesbian Proof."
_____. 18 September 2002. Fridae Magazine. "Send the Softball Grrrls to the Sydney Gay Games!"
Gay Games VI 2002. 2002. "Women's A/B Grade Fastpitch."
Human Rights Watch (HRW). 2002. "Malaysia." World Report 2002.
The International Lesbian and Gay Assiciation. 21 July 2002. "Malaysia." World Legal Survey.
The Lesbian and Gay Equality Project [Johannesburg, South Africa]. 5 November 2001. "Malaysia Threatens Gay British Ministers."
365Gay.com. 25 April 2003. Jon ben Asher. "Gay Rights Proposal."
Time Magazine. 2 October 2000. David Liebhold. "Coming Out in the Open."
_____. 26 September 2000. Mageswary Ramakrishnan. "'Homosexuality Is a Crime Worse Than Murder'. Interview with Malaysia's Morality Police."
Additional Sources Consulted
Dialog
IRB Databases
Internet sites, including:
Amnesty International
Human Rights Watch
International Gay and Lesbian Human Rights Commission
International Lesbian and Gay Association
The Lesbian and Gay Equality Project: South Africa