Legal challenge to banned 'sexuality' festival in Malaysia

Source: Fridae

by Sylvia Tan

The Kuala Lumpur High Court will hear the judicial review application filed by committee members of Malaysia's only sexuality rights festival, which was forcibly cancelled by the police last November, on Feb 21.

Committee members of Malaysia’s only sexuality rights festival Seksualiti Merdeka, which was forcibly cancelled by the police last November, have filed a judicial review application at the Kuala Lumpur High Court.

The event, which comprises workshops, forums, talks, and performances, has been running largely without problems since 2008 with the support of numerous local and international organisations including the Malaysian Bar Council, sexual health group PT Foundation, local human rights NGO SUARAM, Women's Aid Organisation, women’s advocacy group Empower, Amnesty International and the United Nations.

The leave hearing – to decide whether the case was strong enough to merit further proceedings – was scheduled to be heard 10 January by Judge Rohana Yusuf in chambers.

However, the lawyer for the applicants applied to adjourn the case after the respondents’ senior federal counsel Noor Hisham Ismail raised a preliminary objection against the judicial review application. The court then fixed Feb 21 to hear the objection.

The five applicants – festival co-founder Pang Khee Teik, Angela Marianne Kuga Thas, S Thilaga Socky Pillai, Siti Zabedah Kasim and Michelle Nor Ismat (whose name appears as Md Nor Ismat Selamat in court documents) – were represented by lawyers Honey Tan Lay Ean and Chew Siew Ting.

The Seksualiti Merdeka organising committee say in a statement published today that they seek that the ban be lifted and declared null and void, and that the police make available to them copies of all reports made against the event.

“We want to study them; we want to know who made the reports. But basically, it is within our rights to have access to them.” Pang told Fridae in an interview.

Read more »

Malaysian epic sodomy trial of Anwar Ibrahim ends in acquittal

Image via Wikipedia

By Paul Canning

The Malaysian opposition leader has been found 'not guilty' in the finale to an epic sodomy trial.

The case against Anwar Ibrahim has always been thought political and a guilty verdict was expected, but in a break from past statements Ibrahim described the laws in the run up to the verdict as “archaic” and “unjust”.

He told Associated Press last week that the case showed how the colonial era law could be “abused to show violent discrimination or intolerance”.

“Our present laws are deemed to be rather archaic. The whole idea (should be) to encourage people to understand, not to be seen to be so punitive. In this case it’s worse; you can go and probe and peep into people’s bedrooms just to try to smear them,” he said.

Ibrahim has previously been careful to distance himself from the nascent LGBT movement in Malaysia. But the country has shown increasing tolerance and debate around LGBT issues, though this has created a backlash including proposals from two Malaysian states to increase penalties and, as in Russia, ban LGBT organising.

Anwar faced up to 20 years’ imprisonment if convicted. Another possible punishment of corporal punishment by whipping is reported to have only been ruled out on account of his age.

Ibrahim was first imprisoned for corruption and sodomy charges in 1999 then freed in 2004 only to be arrested again 2008 after an aide claimed sexual assault. A former Deputy Prime Minister, the 1999 charges followed after he fell out with the former leader Mahathir Mohammad.

Amnesty International described the prosecution as politically motivated.

“Anwar's acquittal is a welcome move. Fortunately, the Malaysian authorities have refrained from turning the country’s opposition leader into a prisoner of conscience,” said Donna Guest, deputy Asia-Pacific director at Amnesty International.

“The government must now repeal the sodomy law, a repressive statute that enabled this politically motivated persecution.”

Malaysia's Information minister, Rais Yatim, said of the verdict:

“Malaysia has an independent judiciary, and this verdict proves that the government does not hold sway over judges’ decisions.”

Ibrahim may still face further prosecution as a sex tape claimed to feature him is circulating on the Internet. As well, the Attorney General refused to say whether he will appeal the acquittal.

Related articles

• 901 (January 9) - A Seismic Day in Malaysian Politics (dinmerican.wordpress.com)
• Fallout from banned 'sexuality' festival in Malaysia prompts debate, backlash (madikazemi.blogspot.com)
• How New York's gay marriage rights helps LGBT in Malaysia (madikazemi.blogspot.com)

2011 round up: Part four: Transgender and intersex rights

Anna Grodzka image via Wikipedia

By Paul Canning

I'm rounding up the year in a series of posts - in which no doubt I've missed something, so please let me know what I've missed in the comments!


Transgender and intersex rights

One of the world's most progressive transgender equality laws was passed in Argentina's parliament and in the UK a plan for comprehensive changes to ensure equality for trans people was announced. Chile also passed an anti-discrimination based on gender identity law as did California and Massachusetts. But in Puerto Rico a roll-back of legal protection was proposed.

The Pole Anna Grodzka became the first transsexual MP in Europe and only the second trans parliamentarian in the world.

Germany removed the surgery requirement for legal gender change, as did Kyrgyzstan.

Pakistan's Supreme Court created a 'third gender' category, but authorities have been slow to implement it. This caused real problems for trans people during the flooding which hit the country this year as did a similar failure to follow through on legal change in Nepal.

The first trans rights rally took place in Dhaka, Bangladesh, and new trans and intersex groups appeared in Russia and in Africa and the African groups came together to meet in Uganda.

Turkey jailed trans activists for 'insulting police' but an activist won a case against police at the European Court of Human Rights. Attacks on trans people by police in Albania drew protests.

The death of trans activist Aleesha Farhana in Malaysia after courts refused to change her gender on official documents sparked mass protests and a government concession and also increased, sometimes bizarre, coverage in local media.

The first intersex mayor in the world was elected in Australia. In September, the world's first International Intersex Organising Forum took place in Brussels.

Figures released in October showed that one transgender person is murdered somewhere in the world at least every other day.

Related articles

• A Day in the Life of the Rainbow Identity Offices in Botswana (mask.org.za)
• UK Government Launches Plan for Trans Equality (care2.com)

Gay diaspora Malaysian threatened by government, Muslim groups

Source: Towleroad

Ariff Alfian Rosli, a Malaysian national who has been studying in Ireland for eight years, is under fire from his home country after photos were published showing his wedding to his civil partner (identified only as Jonathan) at Dublin City Hall, the Irish Times reports:

The pictures were published on the front pages of some local newspapers and have been the source of criticism from numerous political groups in Malaysia, where same-sex sexual relationships are illegal and punishable by up to 20 years in prison.

The Malaysian police have been urged by Muslim groups to investigate the issue on the basis that Mr Rosli has failed to adhere to the country’s Islamic laws. The controversy has prompted the Malaysian prime minister’s office to issue a statement pledging to investigate the matter.

An official from Malaysia’s ruling political party is reportedly due to arrive in Dublin later this week to convince Mr Rosli to return home.

Said Rosli:

“I am not missing. The Irish authorities know I am legally resident here. The Malaysian embassy has also been aware for several years that I am residing here legally. I feel I have have been inadvertently thrust into the public eye. I just want to get by without upsetting anyone or causing any trouble. My overriding concern is for my family.”

The Malaysian Insider reports:

Local criticism of the same-sex union has been swift and harsh, with mainly Muslim users attacking Ariff Alfian on Twitter for straying from Islam and dishonouring his family.

“Ariff Alfian Rosli is a disgrace! Rot in hell!” user @DTOTHEZAK wrote on the popular micro-blogging site.

Another user, @shkyla, wrote: “Looking at those wedding pictures of Ariff Alfian, makes me want to vomit. Blergh, disgusting.”

Muslim groups have also been quick to condemn Ariff Alfian, with the Kepong Islamic Youth Organisation (PBIK) lodging a police report yesterday over his alleged failure to adhere to Malaysia’s Islamic laws. Other critics have taken a different tack, preferring instead to “rehabilitate” what they saw as a Muslim who had strayed far from the teachings of Islam. This includes the Facebook group, “The Campaign to Bring Ariff Alfian Rosli Home to Malaysia to Save His Faith”, which was set up on Saturday.

Related articles

• 'Sexuality rights' festival banned in Malaysia (madikazemi.blogspot.com)
• Fallout from banned 'sexuality' festival in Malaysia prompts debate, backlash (madikazemi.blogspot.com)

Fallout from banned 'sexuality' festival in Malaysia prompts debate, backlash

By Paul Canning

The Malaysian state of Malacca has said it will amend its state Islamic enactment to prosecute gays and lesbians by applying the same type of Shariah legal mechanism used against deviant Muslim sects.

Chief Minister Datuk Seri Mohd Ali Rustam said Wednesday 9 November:

“We will revise the current enactment to specifically deal with homosexuals and lesbians in the state, including groups that promote such uncanny sex.”

It was needed, he said, because no specific law at present exists to prosecute such groups.

“We will suggest the enactment to also cover bisexuals and transsexuals,” he said, adding that action could also be taken against any non-governmental organisation promoting and supporting such sexual practices.

“We don't want such unsavoury culture creeping in and damaging the moral fabric of our society,” Mohd Ali said.

Mohd Ali also attacked the group Sisters in Islam, calling on them to drop the word “Islam” from their name as he claimed they had been "frequently issuing contradicting and confusing statements on Islam". Sisters in Islam are one of the groups who supported the banned 'Seksualiti Merdeka' festival.

Seksualiti Merdeka has been held since 2008 in Kuala Lumpur, and represents a coalition of Malaysian NGOs (including Malaysian Bar Council, SUARAM, Empower, PT Foundation, United Nations, Amnesty International) and individuals. Apart from the annual festival, they also organize workshops, talks, film screenings and letter writings. It was banned by Kuala Lumpur City Hall who vowed to scupper any attempts at reviving or promoting the “immoral” event.

Fallout from the ban continues after police called in for questioning a number of prominent supporters of the event.

Malaysia Chronicle said that lying behind the action was rival Malay parties Umno and PAS "trying to out-Islamize each other over the [banned] event." There have been a number of noisy protests against Seksualiti Merdeka organised by the parties and Islamist groups.

Reacting to the backlash, Marina Mahathir, the high-profile daughter of ex-premier Mahathir Mohamad, has warned the authorities and "troublemakers" alike not to make Bar Council chairman Datuk S. Ambiga and steering committee member Maria Chin Abdullah, Tenaganita director Irene Fernandez and Seksualiti Merdeka founder Pang Khee Teik, who the police called in, scapegoats.

At a heated press conference on Monday she said:

“For the struggle, ask me. I have been defending the LGBT community’s rights for over 20 years now. In fact, I defend the rights of all who have been discriminated against, the poor and everyone else. So if there is any discrimination or violence against anyone, I will continue to defend their rights. That’s it. Do you understand?”

She threatened to sue Umno-controlled TV3 for describing Seksualiti Merdeka as a "free sex festival".

“I am here only as a supporter because two years ago, I officiated Seksualiti Merdeka without any incident. It is an event to explain and educate them of their rights within the laws, and not outside," said Marina.

“So I am very angry, very angry, there are no words to describe, at certain parties calling this a free sex festival. You have nothing better to do? Nowhere here is free sex allowed. Are you crazy to imagine this?”

Said Malaysia Chronicle:

"There is growing disquiet that the Umno groups as well as PAS have over-reached their boundaries, and needed to be reined and taken to task for their fanaticism."

The opposition People's Justice Party (PKR) of former Deputy Prime Minister Anwar Ibrahim has defended Seksualiti Merdeka.

PKR vice president N Surendran told Malaysia Chronicle:

"Police had no business banning the event in the first place. They acted unlawfully and stupidly. The BN Home Ministry and police leadership are a major threat to the freedom of the people. They treat the Constitution like trash, while pretending to uphold the law. In due course, they will have to answer for their misdeeds."

Malaysian Chinese Association (MCA) president Datuk Seri Dr Chua Soi Lek has also defended the festival, saying:

“If you want to be gay, bisexual or (have) any sexual preference, and if it does not harm anybody, you are entitled to that choice." But, he added at a press conference Tuesday, “If you want to practise and enjoy the freedom in terms of a festival, then it attracts a lot of attention and people may not be very happy.”

Seksualiti Merdeka’s organizers said:

We are Malaysian citizens who are being denied our rights to our identity and self-determination.

The false allegations and ill-intended remarks made to incite hate towards us are completely unjustified. They have further marginalized a group of Malaysians that have long suffered severe marginalization in society. As a United Nations Human Rights Council member, the Malaysian government should be ashamed for endorsing and encouraging such intimidation and scare tactics.

Related articles

• 'Sexuality rights' festival banned in Malaysia (madikazemi.blogspot.com)
• Marina Mahathir: Why go after Ambiga, come after me if you dare! (hornbillunleashed.wordpress.com)
• Has something positive come from death of Malaysian trans activist? (madikazemi.blogspot.com)
• The strange treatment of trans people in Malaysia's media (madikazemi.blogspot.com)

'Sexuality rights' festival banned in Malaysia

By Paul Canning

A 'sexuality rights' festival in Malaysia has been forced to cancel events following threats and a government ban.

Seksualiti Merdeka has been held since 2008 in Kuala Lumpur, and represents a coalition of Malaysian NGOs (incl. Malaysian Bar Council, SUARAM, Empower, PT Foundation, United Nations, Amnesty International) and individuals. Apart from the annual festival, they also organise workshops, talks, film screenings, letter writings.

Merdeka is Malaysia's Independence Day, so Seksualiti Merdeka means "Sexuality Independence". Organisers says they use this term "to highlight the fact that even all these years after our independence, not all Malaysians are free to be who they are."

Previously the event has not been widely publicised but this year it was and this led to the ban by Kuala Lumpur City Hall who vowed to scupper any attempts at reviving or promoting the “immoral” event.

Deputy Inspector-General of Police Datuk Seri Khalid Abu Bakar said the police were not against freedom of expression or human rights but had to step in because the organisers did not have a permit to hold the festival in public.

He also said the police had banned the event to safeguard public order after receiving several reports against Seksualiti Merdeka. It has been the target of widespread protests by Muslim organisations who claim the festival 'seeks to sully the Islamic faith'.

“We are not against the people’s right to freedom of speech or human rights. However, if the event creates uneasiness among the vast majority of the population, it may result in disharmony, enmity and threaten public order,” Abu Bakar said. 

Utusan Malaysia reported the chief of Malaysia’s influential conservative Perkasa organization Ibrahim Ali as saying Seksualiti Merdeka is trying to promote “animal culture” among the people and urged the authorities to take firm action against the organizers of the event, as they posed a threat to Islam. Ali has previously called for a “crusade” against Christians who challenge Islam’s position.

However the group NGO Sisters in Islam, which supports the rights of Muslim women, disagreed with the police ban.

“While we understand that there are Muslims opposed to ideas of respecting gender and sexual diversity, as a Muslim women’s organization, Sisters in Islam disagrees with methods used to stifle these ideas,” said the group in a statement.

The event's organisers said:

We are saddened that many Malaysians, including people’s elected representatives, have seen fit to relentlessly persecute, stigmatise and discriminate all those who have found a safe space to dialogue and share information and knowledge on human rights during Seksualiti Merdeka’s events.

We are Malaysian citizens who are being denied our rights to our identity and self-determination.

The false allegations and ill-intended remarks made to incite hate towards us are completely unjustified. They have further marginalized a group of Malaysians that have long suffered severe marginalization in society. As a United Nations Human Rights Council member, the Malaysian government should be ashamed for endorsing and encouraging such intimidation and scare tactics.

Related articles

• Has something positive come from death of Malaysian trans activist? (madikazemi.blogspot.com)
• How New York's gay marriage rights helps LGBT in Malaysia (madikazemi.blogspot.com)
• The strange treatment of trans people in Malaysia's media (madikazemi.blogspot.com)

Video: Australian government gives up on 'offshore processing'

Source: WorldNewsAustralia



Australia's government abandoned a refugee-swap deal with Malaysia on Thursday and said it would now process asylum seekers on Australian soil, in a major policy back flip that heads off an embarrassing defeat in parliament.

Source: Refugee Action Coalition Sydney

“The Refugee Action Coalition welcomes the fact the government has finally faced facts with its announcement that the government will process asylum seekers in Australia. But rather than leaving them on the table, the amendments should have been completely withdrawn. The Malaysia Agreement has already been a distraction for too long,” said Ian Rintoul, spokesperson for the Refugee Action Coalition

“We are also disappointed that the government has not turned its attention to the shocking conditions in detention. [Immigration] Minister Bowen’s announcement that it will consider bridging visas to manage future overcrowding in detention centres falls a long way short of what’s needed.

“There is nothing in the announcement that gives any relief to the thousands of people languishing in detention. The government talks about ‘managing the detention system’ but it is playing with people’s lives.

“Chris Bowen has admitted he has the power to release asylum seekers on bridging visas yet seems oblivious to crisis of self harm and attempted suicide that his detention system is causing.

“There are 600 stateless people, 1,000 waiting for security clearances, and hundreds of Iranian asylum seekers that cannot be sent anywhere, that could be released immediately.

“The arbitrary and bureaucratic delays in refugee processing are inflicting increasing misery on asylum seekers languishing in detention. Innocent people are literally being driven crazy by the uncertainty.

“Federal Magistrate Court appeals are now being scheduled for February and March next year, condemning asylum seekers to many more months of detention. The fact that so many negative decisions are being overturned at every level of appeal shows that off-shore processing is fundamentally flawed.

“Like third country processing, offshore processing on Christmas Island and mandatory detention are relics of the anti-refugee policies of the Howard era. It is time those policies were killed off too,” said Rintoul.

Related articles

• Is Australia preparing to send LGBT refugees to Malaysia? (madikazemi.blogspot.com)

The strange treatment of trans people in Malaysia's media

Picture Dr. Siti Hamidah

By Paul Canning

Malaysia's media is under fire for airing two bizarre explanations about transgender ('mak nyah') and effeminate gay people ('pondan'). One claimed that they are a 'threat to women's livelihoods', another that 'wrong food consumption the cause of effeminate men'.

“Pondan Ancaman Wanita” (Effeminate Men A Threat To Women) aired on the Wanita Hari Ini talkshow on TV3 4 October accusing effeminate men and transgender people of “stealing” women’s husbands and jobs.

Trans activist Jellene Eva told Free Malaysia Today:

“I would like to remind TV3 that all citizens of Malaysia are protected under the Federal Constitution and Defamation Act 1957."

“Under no circumstances may any discrimination or defamation be broadcast to incite hate towards Malaysians, regardless of gender.”

“I hereby insist that the station release a press statement to apologize for the slanderous broadcast made to enact fear and hatred towards the transsexual community in Malaysia.”

The show was further accused of stereotyping women as makeup artists and wedding planners and also for suggesting that women are “whiny and weak” when faced with a competitive environment.

“A point that was made in the show," said Jellene, "was that women are threatened because effeminate men are monopolizing the makeup industry. This is wrong as the culinary arts, makeup and hairstyling industries are dominated by masculine men.”

“So the title of the episode should have been “Lelaki Ancaman Wanita” (Men A Threat To Women) because these men are doing what used to be women’s jobs.”

Jellene said that Malaysia has come a long way in recognising that women are no longer confined to careers in beauty alone but have now expanded into previously male-dominated industries like the police force, engineering and entrepreneurship.

In the 6 October Malay daily Berita Harian appeared “Salah makan punca pondan” (Wrong food consumption the cause of effeminate men.”

Quoting Senior Lecturer, Faculty of Chemical Engineering, Universiti Teknologi Malaysia (UTM), Dr Siti Mahmud Mohd Setapar, he claimed that artificial hormones, preservatives and flavoring led to excessive hormonal imbalance and contributed to the causes of modern illness. These included, he wrote, 'a crisis of gender', obesity, stress, stroke, heart disease and 'changes in human behavior'. The 'wrong' food leads to hormone imbalances effecting fetuses in the womb, he said.

He claimed that "once the number of effeminate men .. was one in a million but now the number may be one in 100 thousand."

To avoid the 'gender crisis', he said:

"The role of government should be taken in changing the eating habits of the public, including reducing the fast-food ad impressions and adding information in the mass media."

Transgender people in Malaysia face extreme levels of stigmatisation and discrimination which is often exacerbated by biased media reporting. They often face abuses “ranging from physical violence to mental torture to sexual assault”, to being “prevented from accessing health services, housing, education, employment and other basic rights enjoyed by all Malaysians.”

In August the suicide of a 26-year-old transgender woman, Aleesha Farhana, who lost her case in Malaysia's High Court July 17 after the National Registration Department refused to update her name and gender on her identity card despite her having undergone sex reassignment surgery, received widespread media coverage in Malaysia.

Her death led to the Ministry of Women, Family and Community Development issuing a unprecedented statement saying that it provides counseling and guidance to transgender people without the “intention of ‘correcting’ behaviour etc in line with socially accepted norms.”

She also said that she would meet with Seksualiti Merdeka, a sexuality rights advocacy group, and members of the transgender community to understand and address the needs of transgender people in Malaysia.

In two Asian countries, Pakistan and Nepal, 'third sex' is accepted as a category for ID cards.

• Petition against discrimination, misrepresentation, slandering and hate-mongering perpetrated by the media towards transgenders in Malaysia

Related articles

• Has something positive come from death of Malaysian trans activist? (madikazemi.blogspot.com)
• Malaysian Ministers outed by Wikileaks (madikazemi.blogspot.com)

How New York's gay marriage rights helps LGBT in Malaysia

Rev. Oyoung Wen Feng and his partner Phineas Newborn III

By Paul Canning

The wedding of controversial gay author and pastor Rev. Oyoung Wen Feng and his partner Phineas Newborn III in New York on August 31 – Malaysia's Merdeka (independence) Day – has led to headlines for LGBT issues in Malaysia.

Oyoung is a highly contentious figure who faced outrage and threats when he opened in 2007 the first gay-friendly church in conservative Malaysia, where homosexuality is punishable by 20 years in jail.

Explaining his decision to pick August 31, he told Fridae in a interview published last month:

"(The date) is to honour my country, I am proud to be a Malaysian, even though the government sucks!

"But I believe things will get better, if all people will come out to fight for a better future, I am not talking about come out in terms of sexuality, but come out from fear, regardless what kind of fear it is, whether it is the fear of choosing ones career, or fear of coming out from a bad relationship, or fear of coming our from dictatorship and oppression."

“Day by day we see various attempts to destroy our value system and Pastor Ou is doing it in the open,” columnist Melissa Chi wrote of the marriage in Utusan Malaysia, a conservative daily newspaper. Ouyang’s “attempt to break this value system to marry the same gender in this country has to be opposed. In fact the government has to act to block him,” she wrote.

Islamic Affairs minister, Datuk Seri Jamil Khir Baharom, said that “social problems” would arise if such “extreme human rights” were permitted. “I think it [the marriage] will encourage liberalism in Malaysia and this understanding is worrisome,” he told reporters.

Malaysian authorities periodically raid gay-friendly bars or massage parlours, leaving some with a constant fear of persecution, while a prominent religious body in 2008 issued a fatwa, or Islamic religious ruling, against lesbian sex.

A Malaysian man who came out in a YouTube video in December was forced to take down the video, “Saya gay, saya okay,” after he received violent threats. Seksualiti Merdeka, a Malaysian gay advocacy group that helped post the video, explained the decision to remove the video and lamented that “so far nobody in authority has denounced the threats of violence.”

Last month the passing of transgender woman Aleesha Farhana, whose application to officially change her name and gender was rejected by the High Court despite having undergone a sex reassignment surgery in Thailand two years ago, sparked petitions and protests and led to what many saw as a positive sign of change in the government's attitude.

Read more »

Video: Australian High Court spikes Malaysia refugee 'swap' deal

Source: NewsOnABC




Transcript

Image by Getty Images via @daylife

TONY JONES, PRESENTER: A six-one decision from the High Court against the Government has driven a legal stake through the heart of the Malaysian solution and sent the Immigration Minister back to the drawing board.

The next stop for Chris Bowen could be Nauru.

Today's setback has been delivered to a government that's looking increasingly embattled.

Our political correspondent Tom Iggulden was in the High Court in Canberra for today's landmark decision.

TOM IGGULDEN, REPORTER: The Prime Minister's response to the High Court decision was brief and telling.

JULIA GILLARD, PRIME MINISTER: Nothing in it is going to diminish our resolve to break the people smuggler's business model. We will study the decision though. Thank you very much.

TOM IGGULDEN: The Government fought long and hard for the Malaysia solution and now it's in tatters.

CHRIS BOWEN, IMMIGRATION MINISTER: Let's make no bones about it: today's decision by the High Court is a profoundly disappointing one.

TOM IGGULDEN: Others say the decision's a triumph for the legal system.

JULIAN BURNSIDE, HUMAN RIGHTS LAWYER: It takes some intellectual strength for courts to stand up and say that a government is wrong.

Read more »

Malaysian Ministers outed by Wikileaks

Anwar Ibrahim image via Wikipedia

Source: Dragon Castle

A U.S. diplomatic cable leaked by Wikileaks and published last Wednesday by the Malaysian news site Malaysia Today appears to have outed some government higher-ups as gay, a dangerous bit of information to let slip in a country where homosexual sex is a crime punishable by up to 20 years in prison.

The cable, which provides a primer on the ongoing sodomy prosecution against opposition leader Anwar Ibrahim, includes this note that the prosecution is likely a political move:

“Anwar’s prosecution is not part of a morals campaign. The GOM does not aggressively target non-heterosexual behavior; if it did so, a recent cabinet minister, senior staff associated with PM Najib and other prominent citizens linked to the government also would find themselves under investigation.”

There's a rumor about the possible identity of the officials, in particular the cabinet minister, but first, some background: Anwar Ibrahim served as deputy prime minister from 1993 to 1998, and leads a party called Keadilan (the People’s Justice Party, in English). He was convicted of corruption in 1999 and sodomy in 2000, and spent six years in solitary confinement, according to his website. He was released in 2004 after the sodomy verdict was overturned, and re-entered politics.

In 2008, he won a parliamentary seat at the head of the opposition party. That same year, he was re-arrested for sodomy after an aide said he had sex with him.

In Parliament, where he’s still active, Anwar continued to attack the sitting prime minister, Najib Razak, but faced political backlash because of the latest charges of sodomy. In June, a video supposedly showing Anwar engaged in gay sex leaked on YouTube, and is seen as critical evidence in his latest trial, which got underway 8 July.

With Anwar in the dock, Najib’s political future looks smooth, but the revelation in the U.S. cable may hinder that. The question in the Malaysian media now becomes: just who are those officials the cable refers to? One rumor persists.

Back in February, the popular Malaysian blog Another Brick in the Wall ran a post claiming a member of Najib’s cabinet was gay, and calling for an investigation into who it was. The unnamed blogger (whose Blogger profile identifies him only as a male living in Malaysia) appeared to know the minister’s identity, but didn’t reveal it.

He ran this description, citing a source from the United Malays National Organization, Najib’s party:

“There is a Cabinet Minister from Johor that is in the habit of going out socially with pretty young boys to restaurants and nite clubs in Kuala Lumpur and Johor Baru.” 

The post said the source didn’t identify the minister, but it added this disclaimer:

“in case, anyone is guessing as [Home Affairs Minister] Dato Seri Hishamuddin Hussein because this blog used to call him pondan [a derogatory Malay term for a homosexual] for his indecisions at Ministry of Internal Affairs, our answer is No. It is not Hishamuddin.”

Malaysia has received wide criticism for its anti-gay laws, most recently when officials started sending boys deemed effeminate to a “boot camp” to make them straight. But the justice system of the largely Muslim country still acts largely in accordance with Sharia law, which sees homosexuality as a sin and, in some interpretations, punishable by death.

Related articles

• Anwar Assails Malaysian Officials, Court (online.wsj.com)

Video: More problems for Australia's 'Malaysia deal' on asylum 'boat people'; detainees 'digging their own graves'

Image via Wikipedia

By Paul Canning

With Australia's proposed 'refugee swap' deal with Malaysia - which could see LGBT asylum seekers sent to that unsafe country - now held up in Australia's High Court, there was an astonishing development this week as the Immigration Department, the bureaucrats, raised whether mandatory detention itself should be ended. This comes after numerous riots and reports of increasing cases of 'self harm' in the sprawling and expensive detention estate.

In this report on conditions at the Christmas Island detention centre, a representative of the workers says that some detainees are digging their own graves and sleeping in them.

Source: NewsOnABC



ABC political discussion show 'The Insiders' discusses the Malaysia deal (after some discussion on same-sex marriage!)

Related articles

• Doctors blast asylum policy (theage.com.au)
• Is Australia preparing to send LGBT refugees to Malaysia? (madikazemi.blogspot.com)
• Asylum centre dismisses outspoken nurse (theage.com.au)
• Malaysia is no safe haven for refugees, say Malaysian advocates (madikazemi.blogspot.com)
• Video: In Australia, skyrocketing self-harm rates spark detention inquest (madikazemi.blogspot.com)

In UK, Border Agency mistakes costing government millions

Yarl's wood image via Wikipedia

Source: The Independent

By Wesley Johnson

More than £12 million was paid out in legal costs and compensation to asylum seekers and other immigrants last year, figures have showed.

The UK Border Agency (UKBA) paid a total of £14.2 million last year in compensation, legal costs and ex gratia payments, up almost £2 million on the previous year, the agency's annual report for 2010/11 showed.

This included payments to families who were unlawfully detained and removed, as well as £175,000 in compensation to an asylum seeker who was unlawfully detained and injured while in custody.

Legal costs alone topped £7.7 million in just over 1,000 cases, compared with £3.8 million for 691 cases in 2009/10.

More than £4 million was also paid out in 152 cases where each individual compensation payment was less than £250,000.

This compared with 837 such cases in 2009/10 which led to £4.4 million in compensation being paid.

The UKBA report also said the agency had "various legal claims which are currently outstanding" and had set aside £4 million, "based on past experience", for "a number of cases of unlawful detention".

A UKBA spokeswoman said:

"Detention is a necessary part of the process to remove some individuals with no right to be here.

"Cases vary from foreign national prisoners who have served their sentences but are awaiting deportation, to failed asylum cases and individuals found overstaying their visas.

Read more »

Has something positive come from death of Malaysian trans activist?

Candlelight vigil for Aleesha Farhana. (Pic Justine Mei-Ern)

Source: Fridae

By Sylvia Tan

In a written statement, the Ministry of Women, Family and Community Development clarified that it in fact provides counselling and guidance to transgender people without the “intention of ‘correcting’ behaviour etc in line with socially accepted norms.”

The Malaysia Women, Family and Community Development Ministry has said in a statement that Minister Datuk Seri Shahrizat Abdul Jalil and Secretary-General Dato’ Noorul Ainur will meet with Seksualiti Merdeka, a sexuality rights advocacy group, and members of the transgender community to understand and address the needs of transgender people in Malaysia.

The ministry was responding to a petition endorsed by 17 NGOs and some 600 unnamed individuals following the passing of transgender woman Aleesha Farhana whose application to officially change her name and gender was rejected by the High Court despite having undergone a sex reassignment surgery in Thailand two years ago.

According to reports, she died from a heart attack on Saturday, 12 days after the High Court ruling.

The statement, which has been published on Seksualiti Merdeka's website on Aug 3, said that transgender people in Malaysia face extreme levels of stigmatisation and discrimination which is often exacerbated by biased media reporting. Transgender people often face abuses “ranging from physical violence to mental torture to sexual assault”, to being “prevented from accessing health services, housing, education, employment and other basic rights enjoyed by all Malaysians.”

“The unwillingness of the Malaysian government to recognise trans people as equal before the law facilitates this ugly persistence in violating us.”

The statement further urged the authorities to “repeal of laws that criminalise trans people for (their) identity, dressing and mannerisms” and to create a safer environment for transgender people.

Among the NGOs that endorsed the statement were Amnesty International (Malaysia), Association of Women’s Lawyers, Centre for Independent Journalism, Coalition of Sexual Bodily Rights, Seksualiti Merdeka and Suaram.

In a written reply from Suriani Kempe, Special Tasks Officer to the Minister of Women, Family and Community Development, the ministry clarified that it in fact provides counselling and guidance to transgender people without the “intention of ‘correcting’ behaviour etc in line with socially accepted norms.”

Co-founder of Seksualiti Merdeka Pang Khee Teik told Fridae:

“We are happy to observe that the Ministry is willing to engage, and willing to articulate a position that is progressive and inclusive. Of course there is a lot more that the Ministry can do before all of us have equal opportunities to be helped and to access services in Malaysia. But we must support such a stand and hold the Ministry accountable to act positively for the good of all transgender people in Malaysia.”

Seksualiti Merdeka, which is also an annual sexuality rights festival held in August, will also be organising a forum titled “Say My Name: Why name and gender means so much to transgender people” later this month, and have extended the invitation to Minister Datuk Seri Shahrizat Abdul Jalil and Secretary-General Dato’ Noorul Ainur.

Related articles

• In Malaysia, trans woman who lost High Court case dies of heart attack (madikazemi.blogspot.com)
• Malaysian opposition leader's comments on LGBT spark online debate (madikazemi.blogspot.com)

Is Australia preparing to send LGBT refugees to Malaysia?

By Paul Canning

As Australia's High Court puts the controversial refugee swap deal with Malaysia on hold, questions remain on how Australia has and will treat LGBT refugees who arrive by boat.

Australia plans to send up to 800 asylum seekers to Malaysia in return for accepting 4,000 registered refugees from that country over four years under a deal supposedly designed to stop 'boat people' from landing in Australia.

Lawyers representing refugees who arrived on Christmas Island by boat last week told the court that because Malaysia is not a signatory to the UN Refugee Convention, Australia cannot guarantee the safety of people sent there. Malaysia does not have a statutory framework that recognises refugees. Amnesty International released a report in late 2010 reporting on numerous incidents of caning and congestion in detention facilities in Malaysia.

Last year we reported on the case of Leela Krishna, a Tamil refugee who had arrived by boat. Krishna said that he had experienced sexual harassment, bullying and physical assault in detention and has attempted suicide several times.

Refugee activist Andrew John Brent said:

"There is always lgbt boat people refugees ...  Community Action Against Homophobia (CAAH) have been working with two men (partners) from Bangladesh, who are trying to prove their sexuality and relationship for immigration."

An Australian Department of Immigration and Citizenship spokesman told us that:

"There will be no broad or blanket exemptions to transfer. Prior to transfer, individuals will undergo an assessment of their particular circumstances to ensure compliance with Australia’s international obligations."

"Where exceptional circumstances exist, such as in the case of particularly vulnerable individuals, a case-by-case assessment will be conducted to determine whether particular individuals should be transferred [to Malaysia]."

Australian Immigration Minister Chris Bowen has repeatedly said that there will be 'no exceptions' to the policy of transfers.

Pressed on what guarantees LGBT refugees could receive if transferred to Malaysia the spokesman wrote:

"Protection visa claims will be processed by the United Nations High Commissioner for Refuges (UNHCR) in Malaysia."

Homosexuality is illegal in Malaysia with sodomy attracting a possible 20 year prison sentence. The country has itself generated LGBT refugees.

Last year at least two Malaysian men and one transgender woman, Fatine Young, successfully claimed refugee status in the UK.

Fatine had received death threats in Malaysian on Facebook. An article in the Malay Mail spoke of claims she had "shamed Malaysia".

Another transgender woman from Malaysia was granted refugee status in Australia on the basis that being unable to change her identity documentation and access employment would result in her inability to subsist.

One refugee told us

"Whats wrong with [Australia]! There's no human right there?"

"How can the Malaysian government offer protection to refugee when they can't even protect their own people, especially lgbt? It will be worse if the refugee is lgbt. I can't imagine what will happen to them there."

Senthorun Raj, of Sydney's NSW Gay and Lesbian Rights Lobby, wrote that:

"If we are committed to a more ethical and regional solution to processing asylum seekers, particularly those who flee on the basis of homophobia and transphobia, we must get things right here in Australia, and not try to outsource our international obligations to another country."

David Manne from the Refugee and Immigration Legal Centre who had sought the High Court injunction stopping the refugee swap deal, argued that Australia did not have the right to deport 'boat people'.

“Australian law requires that their claims for refugee protection should be considered here in Australia instead of expelling them to Malaysia,” he told AFP.

“This is about life or death matters and our clients are challenging the government’s power to expel them to Malaysia where they fear they will not be protected and they are at real risk of harm,” he said.

85% of asylum seekers arrive by plane. Those arriving by boat to Australia peaked at close to 7,000 in 2010, but closer to 2,000 'boat people' have arrived this year.

Related articles

• Malaysia is no safe haven for refugees, say Malaysian advocates (madikazemi.blogspot.com)
• In Australia, fears for gay refugees under 'swap deal' with Malaysia (madikazemi.blogspot.com)

In Malaysia, trans woman who lost High Court case dies of heart attack

Aleesha Farhana

By Paul Canning

A 26-year-old transgender woman, Aleesha Farhana, lost her case in Malaysia's High Court July 17 after the National Registration Department refused to update her name and gender on her identity card despite her having undergone sex reassignment surgery. Now she is dead.

The Malaysian Insider reported today that Farhana passed away from a heart attack at the Intensive Care Unit (ICU) of the Sultanah Nur Zahirah Hospital in Kuala Terengganu. She was admitted to hospital on Friday evening after experiencing heart problems and low-blood pressure. The news site quotes her father as saying that she suffered from severe depression after her court application to change her name was rejected.

A candlelight vigil for Aleesha will be held in front of the Malaysian Bar Council in Kuala Lumpur at 8pm on Saturday, 30 July.

Co-organiser of the vigil Pang Khee Teik said:

"We are holding a candlelight vigil for her tonight 8pm in front of the Bar Council, to stand for the justice she was denied and to remember her courage in fighting for what is due to her. If you like to make posters with her name or messages to her family, who has been supportive of their daughter, please do. Please join us to remember this brave woman."

Members of the Malaysian transgender community have issued a statement to express their disappointment with the court's refusal to allow Aleesha Farhana to change her name and gender. The statement also urges the state to do more to protect transgender rights.

Source: New Straits Times 


A medical assistant failed in his application at the High Court yesterday to have his name and gender altered in his identity card.

In dismissing the application, High court judge Datuk Yazid Mustafa said the court did not have the power to declare a gender change legal, adding that there were no provisions that allowed for a sex change.

Yazid, who took 45 minutes to read the grounds for his decision, also highlighted numerous factors, including the applicant's chromosome count, external and internal organs, as well as his physical and psychological conditions.

"We took into account the testimony of the applicant's mother, who noticed an anomaly in the applicant's sexual organ since young, and that she had accepted her child's feminine tendencies."

Yazid said the purpose of the sex-change procedure was not meant for an individual to change his or her gender but to allow the individual to feel comfortable with his or her body.

"Unless the applicant was listed wrongly by medical staff, the gender attributed to the individual is legitimate."

HT: Fridae

Related articles

• Video: In Nepal, how the 'third gender' won legal recognition (madikazemi.blogspot.com)
• Video: 'third sex' accepted as ID category in Pakistan (madikazemi.blogspot.com)
• Malaysia: Parents of transgender reach out for help (nst.com.my)

Malaysia is no safe haven for refugees, say Malaysian advocates

Image by Getty Images via @daylife

Source: newmatilda.com

By Terry Friel

Australia has finally signed its morally bankrupt refugee deal with a corrupt and unpopular Malaysian government — with no guarantees the rights of those shipped here will be protected.

There is no rule of law in this south east Asian country and the torture and abuse of refugees and illegal immigrants, mainly ethnic minorities from Burma, is systemic. Police and immigration authorities operate with impunity.

Recently, two Singaporean women who crossed the border for a dinner were forced to do naked squats — a popular and widely condemned punishment here — because immigration authorities forgot to stamp their passports when they entered the country.

"Asylum seekers in Malaysia have never had any guarantee of safety in this country as Malaysian immigration laws do not recognise those granted official UNHCR refugee status," human rights group Aliran wrote in a recent report.

The Gillard Australian Government contends it has some oversight of the treatment of the asylum seekers it will deport to Malaysia. But it has failed to explain how it can enforce that oversight in a country with a compliant judiciary where a draconian Internal Security Act is routinely used as a tool of government policy.

"What Malaysia has to offer asylum seekers has always been less than a safe place," says Aliran.

The report continues:

"Asylum seekers and refugees constantly remain at risk of arrest, detention and human rights violations in a this country, which some see as a shade better than where they came from. The non-recognition of asylum seekers and refugees in immigration legislation and regulations and criminalisation of those undocumented are two very sharp prongs of a fork keeping asylum seekers and refugees at bay, so it seems."

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In Australia, fears for gay refugees under 'swap deal' with Malaysia

Image by .ET. via Flickr

Source: SX News

By Serkan Ozturk

With the proposed asylum seeker swap between Australian and Malaysia due to begin shortly, the Human Rights Commission (HRC), Greens and gay and lesbian rights groups have voiced their alarm and concern that refugees who happen to identify as LGBTI may face significant discrimination and persecution once transferred.

The calls intensified after Malaysia – along with Russia and Uganda – was one of only 19 nations to have voted against a recently passed UN resolution promoting gender and sexuality rights, of which Australia was a co-sponsor of.

Gay sex is illegal in Malaysia and homosexuals face discrimination from government policies, such as a law that makes sodomy punishable by 20 years in prison.

Earlier this year, the BBC also reported how education officials in the conservative Malay state of Terengganu compelled over 60 boys identified as ‘effeminate’ to attend special religious and physical camps for counselling on masculine behaviour.

HRC president Catherine Branson told SX that as a party to the Refugee Convention, Australia has agreed to ensure that people who meet the definition of refugee under the Convention are not sent back to a country where their life or freedom would be threatened.

This is known as the principle of non-refoulement.

“Under this principle, if Australia were to return a person to a country where they were at risk of persecution due their sexuality and or gender identity, there would be a risk that Australia could be breaching the principle of non-refoulement,” Branson said.

Senthorun Raj, from the Gay and Lesbian Rights Lobby, told SX that sexual and gender minorities in Malaysia not only lack recognition, but also experience considerable and serious maltreatment.

“It is extremely concerning that Australia is proposing to 'swap' asylum seekers with a country that is not a signatory to the Refugee Convention.

“If the proposed asylum swap takes place, LGBTI asylum seekers may be caught in an absurd situation where they are held for 'processing' by a Government that not only refuses to recognise their status as refugees, but also persecutes them on the basis of their sex, sexuality or gender diversity,” Raj said.

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In Australia, refugee protection needs ignored in rush to 'stop the boats'

Image by .M. via Flickr

A joint statement by Australian non-government organisations

The Australian debate about asylum policy has now degenerated to the point where the central argument seems to be about which inhumane policy will cause the least suffering. Neither indefinite detention in the Pacific nor sending asylum seekers to uncertainty in Malaysia can be presented as a just or credible response to the needs of people seeking refugee protection in Australia.

The inconvenient truth for Australia’s political leaders is that the majority of asylum seekers who have entered Australia by boat have been found to need protection from persecution.

Today, in Australian immigration detention facilities, there are asylum seekers who bear the physical scars of torture, children and adults who have witnessed family members being killed and many people who have had direct threats against their lives. The vulnerability of many asylum seekers must be a primary consideration in any government response to people movement.

Between 2001 and 2007, we saw that sending people to indefinite detention on Nauru or Manus Island [Papua New Guinea], under conditions which violated well-recognised principles of international protection, resulted in a high incidence of acute psychological harm and trauma. Asylum applicants were effectively denied access to legal assistance.

Many people were pressured to return home without an independent and thorough review of their protection needs, some of them tragically being killed upon return. Few governments were prepared to assist Australia to find resettlement options for those granted refugee status, as those subject to the Pacific Solution were rightly seen internationally as Australia’s responsibility.

The Australian Government’s plan to send 800 asylum seekers to Malaysia in return for the resettlement of 4000 refugees has been criticised because of the absence of basic legal protections for asylum seekers and refugees in Malaysia.

Currently in Malaysia, asylum seekers are subject to arbitrary detention in appalling conditions and to caning. Refugees are left without legal status and have little choice but to work illegally to support themselves. People who are living or have lived in Malaysia as refugees report that they struggle to protect themselves from harassment, physical abuse, sexual assault and extortion.

While Australian political leaders continue to ask “How do we stop the boats?”, the solutions put forward will almost inevitably result in highly vulnerable people being punished as an example to others. Each policy alternative will rightly be criticised for the devastating impacts on those being punished.

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Malaysian opposition leader's comments on LGBT spark online debate

Anwar Ibrahim image via Wikipedia

Source: Fridae

In a 75-minute live online chat hosted by Yahoo Malaysia on Thursday 19 May, Malaysian opposition leader Anwar Ibrahim was asked if he thought lesbians, gays, bisexuals and transgenders (LGBTs) can look forward to a non-discriminatory environment should the opposition coalition Pakatan Rakyat (People's Alliance), of which Anwar is the defacto leader, were to take Putrajaya.

Should the coalition capture Putrajaya – the federal administrative centre of Malaysia - the Parti Islam Semalaysia (PAS or Pan-Malaysian Islamic Party) would be part of the federal government. PAS is currently one of three members of the coalition alongside the Democratic Action Party (DAP) and People's Justice Party (PKR). The coalition  currently controls four state governments while in opposition to the ruling Barisan Nasional at the federal level.To which Anwar said (in Malay): "We recognise importance of family and the institution of marriage. But we should not unduly harass or discriminate others. The answer is through education and PAS accepts this view."

Malaysia's Yahoo News followed up with a story reporting that a chat thread posting by Malaysian sexuality rights group Seksualiti Merdeka on its Facebook page had sparked a lively debate with the group's co-founder Pang Khee Teik asking how Anwar would protect the community from discrimination and harassment.

Pang was quoted by Yahoo as saying:

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