Justice for Sisters is deeply concerned over the recurring anti-LGBT statements made by MPs in Parliament. During the tabling of the Suhakam report on 12 June 2023, at least 5 anti-LGBT interventions were made: 

• Learning from Russia, YB Machang [PN] proposed the introduction of a law to prohibit the promotion of purported  sexual acts linked to LGBT people, for example, sex against the order of nature and pedophilia, to protect children, family values, tradition and the country.
  
  Pedophilia is a form of sexual violence, not sexual orientation. Linking LGBT people and pedophilia is an age old stereotype that has been widely debunked, as sexual violence against children is committed by people across sexual orientation. Sexual violence against anyone, including children, is the result of unequal power dynamics and a desire to overpower someone. 
  
  
• YB Pendang [PN]  likened sexual orientation and gender identity (SOGI) to an addiction that should be cured and treated. It is important to note that efforts to change a person’s  through SOGI change efforts, conversion therapy practices, or commonly referred to  as “returning someone to the right path” in Malaysia, cause long-term harm, as is a practice that is not evidence- and rights-based. As explained by health and human rights groups globally, diversity in SOGI is a normal occurrence. LGBTIQ are normal and do not require correction.
  
  A JFS survey on conversion practices in Malaysia found out of 156 LGBTIQ respondents, 45.5% faced increased strain on mental health due to pressure to change their SOGI; 36.6% felt unmotivated and uninterest in school, work, family and social activities; 32.5% experienced suicidal thoughts and attempts.
  
  He and other opposition MPs made blanket and uninformed claims that Islam and all religions reject LGBTIQ people. “All religions” do not reject LGBTIQ people. Increasingly, many religious groups are dismantling discrimination against LGBTQ people and recognizing LGBTQ people as people of faith. Scholars, religious leaders and theological discourse also offer different interpretations and analyses of the story of the Prophet Lot. Many scholars from Abrahamic religions note that the behaviour condemned by God is violence, specifically sexual violence against women and men, hostility and inhospitality towards others. It is very clear that the sexual acts that were described in the story are rape – non-consensual aggressions intended to overpower, humiliate and violate others. 
  
  
• YB Tampin [BN] claimed that LGBTQ people cause diseases and are against religion, morals and country. Evidence shows that LGBTQ people’s health risks and vulnerability increases in the context of criminalization and discrimination. Studies show that in such contexts, LGBTQ people experience poor access to healthcare, redress, and other information and services.
  
  UNAIDS has stressed that decriminalization saves lives, while criminalization is detrimental to health outcomes.
  
  “Punitive laws have been shown to block HIV service access and increase HIV risk. Harmful laws include the criminalization of same-sex sexual relations, transgender people, HIV exposure, non-disclosure and transmission, drug possession and use, and sex work. Countries that criminalize key populations saw less progress towards HIV testing and treatment targets over the last five years—with significantly lower percentages of people living with HIV knowing their HIV status and achieving viral suppression than in countries that avoided criminalization. Even greater gains were achieved in countries where laws have advanced human rights protections, particularly those that protected rights to non-discrimination and responded to gender-based violence. Decriminalization is a critical element to end AIDS by 2030.”
  

YB Pengkalan Chepa [PN] and YB Hulu Langat [PH] had a heated exchange over slanders against Pakatan Harapan regarding the coalition’s perceived support of LGBTQ issues. YB Kubang Kerian [PN] briefly mentioned LGBTQ issues and supported other anti-LGBT interventions.  

Some of the above-mentioned MPs have repeatedly made anti-LGBT remarks in Parliament and other spaces. For example, Pengkalan Chepa proposed anti-LGBT laws in 2021. In March 2023, he stated in Parliament that LGBT people are worse than animals with complete impunity. 

We are concerned that unchecked misinformation and discriminatory speech against LGBTQ persons will perpetuate and increase discrimination against LGBTIQ people in Malaysia. It is important that the Speaker holds  MPs accountable and enforces Articles 36(4) and 36(10)(c) of the Standing Orders of the Parliament to ensure that Parliament is not used by MPs as a platform that inadvertently promotes misinformation about vulnerable populations, causing further harm.

According to a 2022 JFS survey with 220 LGBTIQ people, 124 respondents (56.4%) stated that anti-LGBT statements by politicians caused them additional stress. 33.6% noted that they have experienced discrimination. 

Further, 108 respondents (49.1%) said that they experienced stress due to proposed anti-LGBT amendments to existing laws. While 95 respondents (43.2%) said that they experienced discrimination as a result of such proposals.

Meanwhile, JFS’ research has also found fear of expressing gender expression through clothing, fear of freedom of expression, movement, fear of arbitrary reporting, and increased trust deficit in public institutions among transgender women following a discriminatory statement by the former Minister in the Prime Minister’s Department for Religious Affair urging arrest and rehabilitation transgender women. 

More training with MPs on human rights 

The debate exposed some MPs’–mostly from Perikatan Nasional (PN) and Barisan Nasional (BN)–lack of understanding of human rights and evidence or rights-based policy-making. Case in point, YB Machang commended the Swatch raid and referred to Russia’s ‘LGBT propaganda’ law as a ‘good practice’–actions have been widely condemned as human rights violations. 

Many lack an understanding of human rights and unnecessarily pit human rights against Islam and religion, thereby creating a false binary that promotes tension and polarization in Malaysia. For example, YB Machang criticized the universality of the Universal Declaration of Human Rights’ (UDHR) and called for the dignity of human beings as upheld by Islam to be centered in human rights without realizing that ‘dignity’ is already central to the UDHR. The recognition of the inherent dignity of human beings is captured in its preamble. 

“Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.”

Discrimination against LGBTQ people is justified and normalized in the name of religion. As such, discrimination against LGBTQ people and the misuse of religion in Malaysia go hand in hand. Undeniably, the current discourse reinforces the monopoly and hegemony on religious interpretation by some quarters in Malaysia. While MPs and society now, in general, oppose the policitization or weaponization of Islam, the same cannot be said in relation to misuse of Islam and religion to justify discrimination against LGBTQ people. 

In his 2017 report, the Special Rapporteur on Freedom of Religion and Belief asserted that freedom of religion or belief and the right to equality (and non-discrimination) are inextricably linked. Freedom of religion or belief should be seen as constituting a right to equality, which prohibits discrimination on the basis of religion or belief. He added that this right, however, does not give the power to marginalise, suppress or carry out violent acts against others and those in vulnerable situations, including women or LGBTI persons under the guise of manifesting their religion. 

While MPs generally avoid addressing LGBTQ-related discrimination and misinformation due to accusations of being pro-LGBT, liberal, or worse, un-Islamic,  the cost of not addressing such discrimination is high and will be borne by all in Malaysia. 

To that end, it is important for the Parliament and the Parliament Speakers to create a safer space and set parameters when discussing topics, like LGBTIQ, which elicit various views, including discriminatory views. We reiterate our recommendation to the Parliament Speaker to enforce the Standing Orders in the context of incitement of discrimination and hostility against already marginalized populations, including the LGBTIQ population in Malaysia. 

Debates in Parliament blatantly show the anti-rights leanings of MPs–typically, MPs who propose restriction of rights of LGBTIQ people also propose restricting the rights of other marginalized populations. As such, JFS recommends Suhakam to undertake more training on human rights with MPs. 

Parliament standing orders   (4) It shall be out of order for Members of the House to use offensive language or make a sexist remark.  (10) It shall be out of order to use – (c)  words which are likely to promote feelings of ill-will or hostility between different communities in the Federation or infringe any provision of the Constitution or the Sedition Act 1948.