THE lesbian, gay, bisexual and transgender (LGBT) community is facing worse discrimination and intimidation under the present administration, activists and civil society groups said.

They said the situation for the community is regressing to new lows under the present administration of Bersatu, Umno and PAS.

Thilaga Sulathireh of human rights group Justice for Sisters told The Malaysian Insight the situation, which was already terrible under the previous administration, has become worse with PAS leaders being the minister and deputy minister of religious affairs.

Idris Ahmad is the minister while Ahmad Marzuk Shaary is the deputy.

“All LGBTQ-related matters fall under the religious affairs portfolio, although sexual orientation and gender are cross-cutting and intersectional issues that require the attention of all ministries,” Thilaga said.

She said by placing LGBT issues under this portfolio, they are seen solely through the religious lens by the state, completely overlooking the discrimination, criminalisation and violence that the community faces.

Thilaga said under this administration, both the minister and deputy minister have repeatedly lobbied for the increased criminalisation of LGBT persons.

For example, in September, Marzuk said his department was looking into emulating Perlis in banning transgender individuals from entering mosques in the federal territories.

In the same month, Putrajaya pushed to table the RUU355 amendment by raising the Shariah courts’ maximum sentencing to 30 years jail, RM100,000 fine and 100 strokes of the cane from the current limits of three years jail, RM5,000 fine, and six strokes of the rotan.

The government also continued the “LGBTQ task force” under the Prime Minister’s Department (Religious Affairs) to “fight” and “correct” the LGBTQ community.

Prominent transgender activist Nisha Ayub said while LGBT issues have long been used as a political tool on both sides of the divide, with PAS in government, it is a whole different ballgame as they are able to push or enforce laws that specifically target the community.

“I believe that PAS is just using LGBTQ issues to push for their own agenda like implementing stricter shariah laws and gaining more power,” Nisha said.

“It is not that they care so much about LGBTQ issues. It is just a convenient issue to champion their hidden agenda.”

She said the situation right now has shaken not only just LGBT persons’ right to education and employment but their protection and safety in society.

“If you notice, only one particular group or ministry talks about LGBTQ issues. Other ministries are usually quiet or not bothered,” Nisha said, referring to PAS’ persistence.

Bad impression

Another example of the government’s continuous persecution of LGBT persons is the case of Muhammad Sajjad Kamarul Zaman, or Nur Sajat, an entrepreneur who faced numerous threats over the years for being a transgender.

Nur Sajat had reportedly slipped into Bangkok, Thailand, after an arrest warrant was issued against her for skipping a court hearing related to charges of allegedly “insulting Islam” for wearing feminine clothing when hosting a religious event.

Police later confirmed saying efforts to extradite her from Thailand had been initiated and that her photograph had been distributed to border control authorities as early as March to keep an eye out for her.

However, last month, Nur Sajat revealed through her social media platforms she was granted asylum in Australia.

Nisha said the government’s relentless journey to punish Nur Sajat only reflects badly on the country, giving other countries the impression that Malaysia disrespects human rights.

Sisters in Islam (SIS), meanwhile, told The Malaysian Insight Nur Sajat’s asylum in Australia is a positive development for her in terms of getting protection against persecution by the religious authorities and any untoward threats made against her.

However, there is a huge concern for the community here who may not have the same resources nor the visibility Nur Sajat had on the kinds of discrimination they face on a daily basis.

‘Show acceptance’

SIS said it is worrying to see how politicians and lawmakers respond to cases where those in the LGBT community are persecuted openly, punished, and discriminated against just because of their gender identity.

“The negative response shown by the government either directly or indirectly influences how the public reacts to the LGBTQ community,” a representative said.

“When there is no understanding or empathy shown by the leaders and key decision-makers of the government, the public will reflect on this and show the same level of indifference and discrimination towards the LGBTQ communities.”

SIS said now that Malaysia had recently earned a seat at the United Nations Human Rights Council (UNHRC), it is crucial the government shows acceptance and tolerance towards marginalised communities such as the LGBT community.

“This must be translated into better protection for marginalised communities and implementation of reforms.

“If the government is serious about its concept of ‘Keluarga Malaysia’, then it must not discriminate against any Malaysian… and must include everyone equally, without discriminating against their religion, race, background or gender identity.”

Women’s Aid Organisation (WAO) echoed SIS’ viewpoints in regards to Malaysia being given a seat on the UNHRC.

“Malaysia joining the UNHRC means further committing to upholding human rights – which applies to all persons in Malaysia regardless of sexual orientation and gender identity,” a WAO spokesman told The Malaysian Insight.

“The government must stop discriminating and harassing LGBT persons.” – November 17, 2021.