Documenting injustice, claiming the right to protection, and ensuring dignity.

Documenting injustice, claiming the
right to protection, and ensuring dignity.

In Malaysia, LGBTIQ and gender-diverse people face pervasive discrimination and violence due to their sexual orientation, gender identity, gender expression, and sex characteristics (SOGIESC). This situation is worsened by the absence of protective measures. Acts of discrimination and violence include domestic abuse, forced marriages, harassment, intimidation, and both online and physical assaults, extending to hate crimes and murder. Transgender and gender-diverse people are at heightened risk because of their visibility and the lack of legal gender recognition, with trans sex workers being particularly vulnerable. 

State-led anti-LGBT activities, censorship, the absence of legal gender recognition, discrimination within medical facilities, and prevailing negative perceptions have led to significant self-censorship among LGBTIQ and gender-diverse people and have impeded opportunities for seeking redress.

Despite the prevalence of such incidents, cases of discrimination and violence are largely underreported. A survey involving 220 respondents revealed that only 17% felt very comfortable reporting instances of discrimination and violence to government agencies, while 59.1% expressed discomfort in doing so.

The primary reasons for this discomfort include:

• A lack of trust that reports would be taken seriously (73%)
• Fear of worsening the situation, including the possibility of further discrimination (34%)
• Fear of being outed (28%)
• A lack of knowledge regarding the reporting process (31%)
• Fear of media sensationalism (31%)

Between June 2010 and March 2, 2017, the Human Rights Commission of Malaysia (SUHAKAM) received only four complaints related to discrimination, hate speech, and challenges within the criminal justice system. In 2018, there was just one complaint, concerning employment discrimination filed by a trans woman. 

These statistics underscore the urgent need for comprehensive protective measures and the promotion of a more inclusive and accepting society for LGBTIQ and gender-diverse people in Malaysia.