Cause and effect of LGBT-phobia in Malaysia

 

Justice for Sisters reflects on the recent action and protest by the band, The 1975, at the recent Good Vibes Festival (GVF), and the reactions from the public, political parties, Suhakam, and the government.

We offer a reflective and nuanced analysis of the situation - one that ensures LGBT people are not further victimised and maintains freedom of expression for all grounded in international human rights law. 

To be clear, sans the criticism against the government and the on-stage kiss, we are not excusing the band’s problematic behaviour, including the use of ableist language on stage.

However, it is important to note that the band’s criticism of the government and their protest is valid. It is the result of the state’s own actions of increasing restrictions on LGBT people, which have extended to foreigners and non-citizens in recent years.

This is evidenced by the denial of entry of LGBT artistes to perform in Malaysia, censorship of publications and films, nationwide raids on Swatch’s pride-themed watches, and the introduction of a new provision prohibiting so-called “cross-dressing” by male performers. 

While the band’s actions may be perceived as reprehensible and distasteful, the state must show restraint and still act in accordance with international human rights law.

Any form of restriction of freedom of expression should meet the requirements of the three-part test, which requires the state actions to be legal, legitimate, and proportionate.

Excessive actions

In this context, the Communication and Digital Ministry’s actions - to blacklist the band for an indefinite period, cancel the festival, launch an investigation into the organisers under multiple provisions of the Penal Code and the Minor Offences Act, and reexamine Puspal’s screening processes and requirements for foreign artistes - are already excessive.

Additionally, the ministry’s response has severe and wide-ranging impacts on the public from economic loss (experienced by vendors, organisers, and local performers), increased censorship, policing, and scapegoating, among others. 

Following the cancellation of GVF, the minister has instructed a re-examination of the PUSPAL’s screening processes and requirements for foreign artists.

Communications and Digital Minister Fahmi Fadzil

This further raises concerns over censorship against criticism and restriction of LGBT persons and expressions in Malaysia.

These short-sighted restrictive actions will not only further invite criticism by all persons, but also has a ripple effect on promoters, event organisers, and further diminish the already struggling creative industry.

We would also like to clearly state that the government is responsible for the economic losses faced by the vendors and organisers, as it is a direct result of the festival’s cancellation.

We are critical of the problematic paternalistic dual role that the ministry is playing, that is as the disciplinarian by enforcing excessive measures and the benevolent comforter by finding remedies to its own excessive actions, including by assisting the vendors who have suffered economic loss.

The ministry’s action, like the band’s, is polarising. While one could appreciate the support for the vendors, it doesn’t absolve the state of its excessiveness, which caused the loss in the first place.

Suhakam’s statement appalling

As an LGBT human rights group that is guided by international human rights law, we are severely appalled by Suhakam’s statement, in which they defend the state’s excessive and disproportionate actions in response to the band’s stunt at the festival.

This is a complex situation, and as the national human rights institution, Suhakam must act as the voice of reason in ensuring that the state does not act arbitrarily and disproportionately in the name of protecting culture, public morality, and public order.

We are concerned that such a disproportionate response will set a new precedent for restricting freedom of expression and silence any kind of criticism against the government’s position, especially on LGBT issues.

We also note the Malaysian government and its agencies have a poor track record in responding to criticism against the government’s anti-LGBT stance and activities.

In the past, those who defend the human rights of LGBT and gender-diverse people and are critical of the government’s actions against LGBT people or activities have increasingly been subjected to police reports, investigations, and online gender-based violence with impunity. 

As such, we call on the government to exercise restraint in its response. We also call for all charges against the organisers to be dropped immediately and review the increasing criminalisation and restriction of LGBT people, be they citizens or non-citizens. - Mkini

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JUSTICE FOR SISTERS is a human rights organisation.

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.