WE, the undersigned, are extremely appalled and disturbed by the arbitrary order issued by Mujahid Rawa, Minister in the Prime Minister’s Department for Religious Affairs, to remove portraits of Nisha Ayub and Pang Khee Teik, two human rights defenders from the Stripes and Strokes exhibition at the George Town Festival (GTF) 2018 in Penang. The portraits were removed on August 7 as the photos were deemed to promote LGBT activities. The exhibition showcases people of diverse backgrounds with the Malaysian flag, showing their love and pride for Malaysia.

Mujahid said he was informed that the exhibition “showcases pictures of LGBT activists and they were portrayed with the rainbow pride logo”. Mujahid also noted that promotion of LGBT activities was not “in line with the new government’s policy”.

The order to remove the portraits was arbitrary and unconstitutional, as it violates multiple rights under the federal constitution. This includes Articles 5 and 8 of the federal constitution, which guarantee the right to live with dignity and freedom from gender-based discrimination. Article 10 of the federal constitution protects the freedom of expression, association, and assembly of all persons regardless of sexual orientation and gender identity.

In addition, Mujahid must also clearly cite the policies used to remove the portraits, instead of vaguely and arbitrarily stating that the photos are not in line with the new government’s policy. The federal constitution exists to ensure that there will be no tyranny of the majority over marginalised groups and people.

As Mujahid has stated on multiple occasions, LGBTIQ persons are citizens and their human rights are protected under the federal constitution. As such, this protection must extend to all areas, and not just selective areas the Pakatan Harapan administration is comfortable with.

The removal of the portraits of the two activists also effectively restricts human rights defenders from carrying out their activism and work. The Declaration on Human Rights Defenders explicitly outlines the duties of the state in promoting, fulfilling, and protecting the rights of human rights defenders and creating a conducive environment for the promotion of human rights.  

The Cedaw Committee in its concluding observations to Malaysia in March 2018 also noted its concern over reprisals and restrictions faced by women human rights defenders, in particular those advocating for Muslim women’s rights, the rights of lesbian, bisexual, transgender, and intersex women, as well as for democratic reforms. The PH administration as the present day government has the obligation to implement the concluding observations and recommendations by the Cedaw Committee.  

We also question the purview of the Prime Minister’s Department for Religious Affairs and its ministers. It appears as if all LGBTIQ-related issues have been placed under the Prime Minister’s Department for Religious Affairs. The department’s approach to LGBTIQ issues and its focus on “prevention, rehabilitation, and treatment, as well as the enforcement of laws” have been heavily criticised for not being evidence- and rights-based, and for its harmful and discriminatory impact on Malaysian citizens. We are concerned the policies and practices adopted by the prime minister’s department on LGBTIQ people will further regress the human rights of all people, in particular LGBTIQ people.

Post-GE14, there has been an increase of discrimination, threats, and violence towards LGBTIQ people and their allies. As reported by Nisha and Pang on their respective social media platforms, their photos received thousands of hateful and violent threats and messages, including threats of rape, death, and torture. We are concerned the removal of the photos completely misses the actual issues that needs to be addressed – the increasing discrimination, threats, and violence against LGBTIQ persons. Moreover, this act of censorship and restriction will only embolden those who hold anti-LGBTIQ views and increase discrimination and violence against LGBTIQ people and their allies with impunity.

We call the PH administration to engage LGBTIQ human rights groups and uphold its obligations in protecting, fulfilling, and promoting the rights of all people, especially people and groups that are marginalised and stigmatised. We believe LGBTIQ persons are integral to Malaysia’s inclusion of all forms of diversity.

Endorsed by

1. Agora Society
2. Aliran Kesedaran Negara (Aliran)
3. All Women’s Action Society (Awam)
4. Association of Women Lawyers (AWL)
5. Centre for Combating Corruption and Cronyism (C4)
6. Centre for Independent Journalism, Malaysia
7. Community Action Network (CAN)
8. Diversity
9. Engage
10. In Between Cultura
11. Johor Yellow Flame (JYF)
12. Knowledge and Rights with Young people through Safer Spaces (KRYSS)
13. Justice for Sisters
14. KL & Sel Chinese Association Women Division
15. KL & Sel Chinese Association Youth Section
16. Lingkaran Islam Tradisional (LIT)
17. Malaysia Design Archive
18. Malaysia Muda
19. Malaysian Atheists and Secular Humanists (MASH)
20. Monitoring Sustainability of Globalisation
21. National Human Rights Society of Malaysia (Hakam)
22. Neighborhood Performance Group
23. North South Initiative
24. Parti Sosialis Malaysia
25. Pelangi Campaign
26. Penang Heritage Trust
27. Penang Forum
28. Pergerakan Tenaga Akademik Malaysia (Gerak)
29. Persatuan Kesedaran Komuniti Selangor (Empower)
30. Persatuan Sahabat Wanita Selangor (PSWS)
31. Pluho, People Like Us, Hang Out!
32. PLUsos
33. Projek Dialog
34. PT Foundation
35. Pusat Komas
36. Queer Academics, Students and Supporters Alliance (Quassa)
37. Ruang Kongsi
38. Sabah Women’s Action Resource Group (Sawo)
39. Sisters in Islam, SIS
40. Society for the Promotion of Human Rights (Proham)
41. Suaram
42. Tenaganita
43. Transmen of Malaysia
44. Umany
45. Writer Alliance for Media Independence (Wami)
46. Women’s Aid Organisation (WAO)
47. Women Development Organisation of Malaysia

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.