Situation in Malaysia

Conversion practices in Malaysia are disguised and referred to as:

• ‘rawatan dan pemulihan kecelaruan gender’ (treatment and rehabilitation of gender disorders)

• ‘pemulihan, bimbingan, dan sokongan’ (rehabilitation, guidance, and support)

• ‘kembali ke pangkal jalan’ or ‘kembali ke fitrah’ (return to ‘the right path’ or the ‘natural’ state)

• hijrah (ex-LGBT persons or a process of transitioning into something ‘better’)

LGBTIQ+ people are vulnerable to conversion practices due to a significant level of stigmatisation and marginalisation. In such a context, it is not possible to consent to conversion practices in a free and informed manner.

Immense pressure to change
Societal pressure to change or ‘return to the right path’ can considerably influence a person to turn to these practices to avoid ostracisation by family, colleagues, intimate partners, employers, friends, and strangers. These pressures are usually in the form of unsolicited advice, pressure to get married, disapproval, withholding finances and support. According to a 2023 survey, 103 out of 156 (66%) LGBTIQ respondents stated they have faced pressure to change their SOGIE in their lifetime; 11 (7.1%) others said ‘Maybe.’ As a result of pressure to change SOGIE,

• 45.5% faced increased stress, anxiety, isolation, and other forms of burden on mental health;
• 36.6% felt unmotivated and loss of interest in school, work, family activities, social activities and others;
• 32.5% experienced suicidal thoughts and attempts; and
• 4.9% dropped out of school.

No access to SOGIESC information
The existing information on sexual orientation, gender identity, gender expression, and sex characteristics (SOGIESC) by government agencies is almost exclusively on the rehabilitation of LGBTIQ+ people, the consequences of going against the norm coupled with the condemnation by multiple religious faiths. This further deepens LGBTIQ+ people’s internal conflicts about their identities, resulting in low self-acceptance and self-worth as well as internalised transphobia, homophobia, and biphobia.

Internalised guilt, blame, and shame
Feelings of guilt, blame and shame relating to a person’s SOGIE can result in internalised transphobia, homophobia, and biphobia. This encompasses the conscious and unconscious reaction to external negative attitudes toward SOGIE diversity. 

Research by Justice For Sisters found that some trans women believe that they deserve the mistreatment and discrimination they are facing. Absorbing the attitudes and beliefs of society around them, LGBTIQ+ people resort to suppressing or changing their SOGIE in order to assimilate with the wider society.

Lack of LGBTIQ-affirming support systems
Surveys and research shows that LGBTIQ people in Malaysia have varying access to affirming support systems. A 2021 survey shows 18 LGBTIQ people (8.2%) of 220 said that they had no access to support. Meanwhile, 27(12.3%) said their existing support was inadequate. 

71.4% of the respondents identified friends as part of their support system. For 32.3% of the survey respondents, family members are part of their support system. 

The JFS survey on conversion practices identifies family members, religious institutions, and schools as actors and spheres where LGBTIQ people face higher levels of pressure to change their SOGIE. 70.2% of 121 LGBTIQ people reported they were pressured and/or subjected to acts to change SOGIE by family members; and 23.1% reported similar experience by religious persons in their community. Meanwhile, 22 of 156 respondents (14.1%) reported they were forcibly sent for SOGIE- change services by family members.  

APTN’s research found that 8 of 13 (62%) trans respondents reported a parent or parental figure had tried to change their sexual orientation or gender identity. 

The Freedom of Expression and Transgender Women in Malaysia report found that family acceptance is a tumultuous journey for many trans women. For some, strong initial resistance towards their gender identity gradually wanes, as family members slowly come to terms with their trans family member’s gender identity. Contributing factors for acceptance include persistence in expressing their gender identity; an ability to be independent; secure employment; established support systems; and finding love and companionship. On the other hand, some only have one supportive person in their support system. The loss of this person can have an immense impact on their lives.

Reports show that students have been targeted based on their gender expression for ‘rehabilitation’ programs. For example, gender diverse students were being targeted and subjected to ‘gender awareness’ corrective programmes by a counselling unit in Sabah. The programme was published in a 2017 yearbook, but came to public light when it was reported by the media in 2019. 

Documentation shows young people find challenges expressing themselves in various spaces. A report shows 7 of 9 LGBTIQ young people in Malaysia reported that they face challenges in expressing themselves, especially at home, school and in public places. A queer student who was subjected to a ‘religious intervention’ by a teacher in school could not find support from their school counsellor and parents. Their parent victim-blamed them, while the counsellor could not offer support. The lack of support systems at home and school, discriminatory educators and curriculum, among others, further isolate and act as barriers in expressing themselves and their identities. 

The Suhakam research notes that the educational system lacks any redress mechanism which transgender children trust, to discuss the unique challenges faced by them. 

LGBTIQ+ people experience a stronger sense of conflict over their identities without affirming support and healthy role models. Community acceptance and support are generally associated with better well-being and has been linked to fewer depressive symptoms and reduced suicidal ideation. 

Criminalization and discrimination against LGBTQ+ people 
LGBTIQ+ people take to changing their SOGIE to protect themselves from experiencing further discrimination or violence such as getting arrested or being charged by Islamic state agencies.

In Malaysia, conversion practices are provided by state and non-state actors, who use a combination of medical-based, faith-based and psychotherapy methods. The services provided by state and non-state actors may be linked.

The Malaysian government runs ‘rehabilitation’ programmes at the federal and state level through ministries such as the Prime Minister’s Department (Religious Affairs), the Department for Islamic Development (JAKIM), the Department of Islamic Religion according to each state and the Ministry of Health.

The government’s programmes overseen by Prime Minister’s Department (Religious Affairs) and JAKIM have 4 components

The Ministry of Health’s (MOH) ‘Guidelines on Dealing with Gender Health Problems in Public Clinics’ pathologise and medicalise LGBTQ persons and their identities as occurring due to conflicts with their families, past sexual abuse, or aggressive behaviour. The guideline recommends teens with ‘gender issues’ undergo physical examinations, including genital examinations and the recording of sexual history, as well as medical tests to observe the condition of the pituitary gland.

Conversion practices offered by non-state actors take multiple forms. These non-state conversion practices are legitimised by the state’s position on conversion practices, which can be categorised into the following categories:

In Malaysia, the protection of fundamental human rights is enshrined in the Federal Constitution. These rights include equality and non-discrimination against citizens based on gender, religion, and race. Over the years, LGBTQ people have used the Federal Constitution to challenge criminalization or seek, assert and reclaim their rights. 

While many laws are discriminatory and gendered, some are gender neutral and protect against broad human rights violations. Some of the following laws, for example, can be used to seek some protection and redress against conversion practices and unethical practices:

• The Domestic Violence Act (1994) and Child Act (2001) can be invoked to provide protection to the affected person and to hold family members and guardians accountable against conversion practices. 
  
• The Counsellors Act 1998 and the Allied Health Professions Act 2016 can be used to seek redress in cases of conversion practices and unethical services by counsellors and clinical psychologists. 
  
• The following sections in the Penal Code Act 574* can be used in cases of conversion practices that cause hurt, confinement, criminal force and assault.
  • Section 319 for causing hurt 
  • Section 320 for causing grievous hurt 
  • Section 321 for voluntarily causing hurt 
  • Section 322 for voluntarily causing grievous hurt 
  • Section 339 Wrongful restraint
  • Section 340 Wrongful confinement
  • Section 343 Wrongful confinement for three or more days
  • Section 344 Wrongful confinement for ten or more days
  • Section 351 Assault