Media Statement: Recall Ministry of Higher Education’s Entertainment Guideline
Media Statement: Recall Ministry of Higher Education’s Entertainment Guideline
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Freedom of Expression
September 11, 2023
Justice for Sisters (JFS) expresses concern over the discriminatory provisions in the newly introduced guideline on entertainment activities (concerts) in higher learning institutions under the purview of the Ministry of Higher Education.
The guideline introduces:
- prohibition of performers based association with LGBT people or actual or perceived sexual orientation, gender identity and gender expression
- regulation of attire, hairstyles, accessories, physical interaction, movement of performers
- prohibition of symbols and display of support and solidarity with, among others, LGBT people/issues
- prohibition and regulation of interactions, including through gender segregated seating arrangements, removal of standing area for attendees
The guideline is one of the latest developments in the alarming trend of expanding criminalisation, censorship, and state intrusion into all aspects of LGBTQ people’s lives. “The guideline shows heightened LGBTQ and gender panic which reinforce the institutionalisation of harmful gender stereotypes and practices. We view this as part of an ongoing trend of discrimination against LGBTQ people and increased restriction on freedom of expression, set against the backdrop of the state’s increased promotion of LGBTQ conversion practices,” says JFS founding member thilaga.
Recent state actions show increasing prohibition of any form of attempt of inclusion and integration of LGBTQ people into society, moving Malaysia closer to becoming one of the more LGBT-phobic countries in the world.
Knee-jerk reaction with far-reaching implications for all
Given the timing of its release, the guideline seems to be a knee-jerk response to the recent protest against Malaysia’s anti-LGBT stance at the Good Vibes Festival involving the band “The 1975“, which resulted in the cancellation of the decade-old annual event.
“The guideline is a clear example of how rights can easily erode or decline for all persons through restrictions of rights of LGBT persons,”
– thilaga s
The guideline’s discriminatory provisions have far-reaching implications. They affect LGBT and gender-diverse people’s rights to self-determination, equality and non-discrimination, and education in a safe environment. The provisions roll back progress in relation to gender equality, freedom of expression, student autonomy, and growth of the creative sector.
As the guideline allows universities to record performances, additional self-censorship is a legitimate concern. Failure to adhere to the guideline will result in disciplinary action, legal action, cancellations of performances, and blacklisting.
Contradictions with the Constitution and International Human Rights Laws
Inconsistencies with the Federal Constitution and international human rights laws Most provisions within the guideline are clearly inconsistent with Articles 5 (Liberty of the person), 8 (Equality) and 10 (Freedom of speech, assembly and association) of the Federal Constitution.
As a party to the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), Malaysia has an obligation to eliminate all forms of gender stereotypes.
In its 2018 review, the CEDAW committee called on Malaysia to undertake awareness-raising measures to eliminate discrimination and negative stereotypes against lesbian, bisexual and transgender women, and intersex persons.
Taking note of the Minister of Education’s response to the guideline on 2 September, JFS calls on the Ministry to:
- confirm the legality of the guideline to avoid unnecessary confusion, discrimination, and self-censorship;
- recall the guideline in its entirety.
-end-
Annex: Some of the discriminatory provisions in the Guideline for Entertainment
Activities (Concerts) in Higher Learning Institutions Under the Ministry of Higher Education
- 13.2 – Organisers must ensure that musical instruments do not bear any stickers showing support for groups prohibited by Malaysian laws, pornographic symbols or logos, or political logos. (Examples: LGBT stickers on guitars, political logos on drums etc)
- 7.2 – Organisers must ensure that performers do not represent or have any connection with groups that are not recognised by society or Malaysian laws (example: LGBT, Lesbian and others)
- 8.1 – Organisers must ensure performers’ clothing is not outrageous (menjolok mata). Male performers must not wear female clothing and vice versa
- 8.2 – Invited male performers with long hair must tie it back and cannot release their hair during the performance. Student and staff performers are prohibited from wearing long hairstyles
- 8.3 – Organisers must ensure that performers do not wear any symbols not accepted by society (Illuminati symbols on clothing, pornographic symbols, pro-LGBT symbols, punk hairstyles, etc)
- 8.4 – Organisers must ensure that male performers do not wear necklaces, earrings, or bracelets (with the exception of religious purposes)
- 8.5 – Organisers must ensure that male performers do not wear shorts during the soundcheck or performance
- 9.1.2 – Male and female backup dancers are prohibited from physical contact during the performance
- 9.1.3 – The dance itself must not comprise too much movement (pergerakan berlebihan)
- 11.3 – Organisers are PROHIBITED from preparing a standing area for attendees (“mosh pit”)
- 11.4 (1-3) – Organisers must prepare designated segregated areas for males, females and families (attendees)
- 11.5 – Performers are not encouraged to invite attendees onto the stage