LGBT rights in Malaysia | |
---|---|
Same-sex sexual activity legal? | Illegal: Islamic Sharia Law is applied. |
Penalty:
|
20 years with or without fines and whippings. |
Gender identity/expression | – |
LGBT rights are largely unrecognised in Malaysia. Sodomy is criminalised in the country, under a British Empire colonial era law. Social attitudes towards the LGBT community are also shaped by Islam, the official religion in Malaysia.
Human Rights Watch states that "Discrimination against lesbian, gay, bisexual, and transgender (LGBT) people is pervasive in Malaysia"
Malaysia retains its colonial era criminal ban on sodomy (as well as oral sex), broadly defined to include both heterosexual and homosexual acts, with possible punishment including fines, prison sentences of up to twenty years, and even corporal punishment. A subsection of the Criminal Code also provides additional punishment for men convicted of "gross indecency with another male person". In addition to the secular law, Muslim citizens may also be charged in special Islamic courts.
There has been some public discussion about reforming the law so as to exempt private, non-commercial sexual acts between consenting adults. Some members of the major opposition party have expressed support for such a reform, most notably Latheefa Koya but this is not the official position of the party. No political party or elected member of Parliament has formally proposed such a reform.
In 1994, the Government banned anyone who is homosexual, bisexual or transsexual from appearing in the state-controlled media.
In 1995, the Religious Affairs Minister of the state of Selangor praised the Islamic Badar vigilante groups who had organised in 1994 to assist in the arrest of 7,000 for engaging in "unIslamic" activities such as homosexuality.
In 2001, former Prime Minister Mahathir Mohamad stated that the country will deport any visiting foreign cabinet ministers or diplomats who are gay. Mohamad also warned gay ministers in foreign countries not to bring along their partners while visiting the nation. Mahathir's daughter, Marina Mahathir, however has called for an end to discrimination based on sexual orientation.
In 2005, the Royal Malaysian Navy (RMN) chief Mohd Anwar Mohd Nor stated that the Navy would never accept homosexuals.