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Born This Way
Aishah Zahir
Aishah is a 1st Year Economics student at the London School of Economics (LSE). A shopping enthusiast at heart, she believes in retail therapy to heal the soul. Watch out as this budding writer explores issues close to her heart.
LGBTQ+ is an initialism that stands for lesbian, gay, bisexual, transgender, and queer and generally functions as the umbrella term for sexuality and gender identity. The movement for LGBTQ+ rights started as far back as the 1920s in the United States where the first documented gay rights were founded. Yet it is not until the 1990s did this community gain equal respect within the society.
In Malaysia, however, where Islam is the official state religion abiding by Sharia law, there is no recognition of same-sex unions and in fact, such union is illegal and punishable by law identified as “public indecency”. Despite claims advocating for equal rights and impartiality, the existing discrimination and social prejudice towards the LGBTQ+ community strongly contradicts our nation’s self-proclaimed identity. So what are the oppressions that this community face and what can we do to mitigate this?
As a minority group with no legal protection, this community is denied existence by the government as there are no legal rights for them to be identified as something against the order of their nature. They are denied the rights to express themselves as what they want to be identified as and constantly live in fear of persecution by religious authorities in Malaysia. The penalty that they could be facing includes up to 20 years imprisonment with caning, fines, and threats of deportation. There are even proposed amendments to the Syariah Courts to establish harsher sentences for same-sex affairs than the current maximum Sharia sentence permitted under federal law. The Minister of Islamic Religious Affairs similarly announced that they would be closely monitoring LGBTQ+ activities online which effectively strips off their rights for freedom of speech and expression. Rather solemnly, these acts are condemned by the Human Rights Watch to the extent that they even suggested Malaysia to withdraw from the United Nations if the government was not serious about upholding human rights after all. A survey that was done among 509 Malaysians has also shown that 52.9% of them believe that such discrimination against the community by the government is intolerable and a form of legal protection should have been given instead.
Image Source: Pew Research Center
From the perspective of the society, an opinion survey done by Pew Research has shown that only 9% of the Malaysian population believe that homosexuality should be accepted. Given that there exists a strong relationship between a country’s religiosity and its opinions on homosexuality – in countries where religion is central to people’s lives, less acceptance of homosexuality follows. Sexual orientation and gender identity have always been a taboo subject and are rarely spoken about as the strict conformity of gender classification (male or female) is deeply rooted in laws, policies, and religious beliefs in Malaysia. This inevitably has made the social perception of the LGBTQ+ community as something of a “deviant culture” that has no place in our sacred country. For example, the controversial list of ‘How to Spot a Gay Person’ by a Malaysian newspaper further reflects the social prejudice against the community and sparked enormous criticisms due to the illogical list of alleged claims.
Image source: Malaysiakini
People who ‘‘came out’’ as part of this community are also prone to encounter some form of harassment, abuse, or even violence by the general public. According to a Report on Transgender Persons in KL and Selangor, 93 out of 100 transgender respondents have experienced few types of violence that include physical violence, verbal violence, emotional violence, as well as sexual violence. All of these challenges have certainly taken a toll on the LGBTQ+ community as the majority of people in the community would prefer to leave and live somewhere else (where they are accepted for being who they are), with some even opting and forcing themselves to go back into the ‘closet’. These sort of maltreatments have unquestionably affected their mental health as they face a higher risk of developing depression, anxiety, substance abuse, suicide, and self-harm.
Amidst all the suffering, the community is vigorously fighting for their rights through multiple support organisations such as Axcest, Fridae, and LPG. At the very least, they have a place where they are able to have a sense of belonging and gain emotional support, knowing that they are not alone. As part of the bigger Malaysian society, we should understand that everyone is different and is accustomed to make their own decisions. Some people are born to feel and be in a certain way and it is not something to be chosen or even changed. Though there are barriers, be it legally or religiously to support this community, we have power in our hands. A simple act of being kind and accepting could make a huge difference in our warped society as we are all at the end of the day, still human.