The International Commission of Jurists (ICJ) has condemned the order issued by minister in the Prime Minister’s Department in charge of religious affairs Zulkifli Mohamad Al-Bakri giving “full licence” to the Federal Territories Islamic Religious Department (Jawi) to move against the transgender community.
"The ICJ calls on the minister to rescind the order immediately and take steps to ensure non-discrimination and equal protection of all persons in Malaysia, including LGBTI persons," said the ICJ in a statement.
Zulkifli Mohamad Al-Bakri had on July 10 said that his order goes beyond arresting transgender persons, but also giving them “religious education” so that they will “return to the right path”.
“This unacceptable transphobic and homophobic attack from a government official highlights the societal prejudices and the lack of legal protections against discrimination faced by transgender persons in Malaysia,” said ICJ Commissioner Ambiga Sreenevasan (above).
“Instead of ensuring that the human rights and the dignity of all persons are respected and protected, the minister, through his statement, is going the complete opposite direction by advocating state action against persons belonging to sexual orientation and gender identity minorities.
“The minister is legitimising harassment, discrimination and violence against transgender people, and increasing violations of their human rights,” she added.
Currently, a male who "poses” as a woman or wears the clothing of a woman may be subjected to criminal liability under state-level religious enactments.
Consensual same-sex sexual relations are also criminalised as “unnatural offences” in both secular civil law and religious state-level laws and carry heavy penalties in the form of fines, imprisonment and corporal punishment in the form of caning.
"These laws serve to institutionalise systemic discrimination on the basis of sexual orientation and gender identity and expression, while also creating barriers for LGBT people when seeking justice.
"They provide state authorities with expansive power to police gender identities, expressions and sexual orientations of people," said the ICJ.
It said it was also deeply concerned about the minister’s plan to require members of the transgender community to undergo religious conversion therapy.
"Numerous studies have shown how religious conversion therapy and related practices are causing real harm not only to transgender people, but also to lesbian, gay, and bisexual individuals.
" The ICJ also notes that experiences of severe stigma, marginalisation, and violence committed by families, communities and state actors lead to immense health risks and mental health disparities of transgender individuals," it added.
The ICJ called on the Malaysian government to abide by its obligations under international law and follow through with its commitment to human rights by ensuring that transgender people and all persons are able to freely enjoy legal protections against discrimination and that they are able to live free from prejudice, harassment and violations of their human rights. - Mkini
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