ILGA ASIA

Malaysia: Civic spaces shrinking at an alarming rate for LGBTQ persons in Malaysia

4 November 2022

Together with 66 organisations, ASEAN Sogie Caucus and ILGA Asia express concern over the recent raid of a social gathering in Kuala Lumpur and the shrinking civic spaces for LGBTIQ person in Malaysia.

In the wake of Halloween celebrations, the Royal Malaysia Police (PDRM), the Federal Territories Islamic Religious Department (JAWI), and the Kuala Lumpur City Hall (DBKL), conducted a joint raid of a social gathering attended by people of diverse sexual orientations, gender identities and gender expressions (SOGIE), including LGBTQ persons. The raid which took place on October 29, 2022, resulted in the arrests and interrogation of at least 24 gender-diverse persons. Those arrested were alleged to have committed unclearly defined violations such as “encouraging vice” and “indecent acts”; the use of ‘illegal substances’; and for freely exercising one’s gender expression. All persons have been released on bail, and awaiting further action.

Sharing of experiences by the attendees and monitoring by LGBTQ human rights groups responding to the raid show a number of critical human rights violations. They reinforce the ongoing trend of state actions that suggest discriminatory intent to persecute and shrinking spaces for LGBTQ people to live with dignity.  

During the raid, the attendees were segregated based on religion and gender: gender-diverse persons identified as Muslims were targeted, vilified, mistreated, misgendered, and slapped with charges for violating the Syariah Criminal Offences Act. Trans and gender-diverse people reportedly experienced degrading and humiliating treatment while undergoing urine tests by the police. 

Meanwhile, during the statement-taking process, the 18 persons who were investigated for “posing as a woman” were subjected to degrading or irrelevant questioning to probe whether they have undertaken hormones, or had undergone surgeries. Such questions contravene the right to live with dignity and privacy, especially on matters related to health and bodily autonomy. 

The raid is the tip of the iceberg of the rising and systemic discrimination and persecution faced by LGBTQ persons in the country. The Malaysian government continues to criminalize and persecute LGBTQ persons in both its civil law, specifically the colonial remnant that is Section 377 of the Penal Code (commonly referred to as the anti-sodomy law), and state-Syariah Laws. in addition, the state-led promotion of ‘rehabilitation’ or so-called conversion practices or SOGIE change efforts is equally worrying, and further drive low-self acceptance among LGBTQ persons. This context increases LGBTQ people’s vulnerability to punitive and arbitrary measures. 

Freedom of assembly and expression of LGBTQ persons have continued to erode since the police ban on Seksualiti Merdeka in 2011. Many LGBT events have been cancelled due to backlash from state and non-state actors; some have faced threats of state investigation. Businesses that employ LGBT performers and are frequented by LGBT persons operate under the radar due to fear of raids. LGBT events organisers have also reported to LGBT groups that their events are sometimes visited by police officers of various ranks. Events and activities that have visible inclusion of LGBTQ persons have been met with heavy-handed state responses. In 2019, following the visible participation of LGBT persons and allies at the women’s march, the police took stern actions by investigating the organisers under the Sedition Act. 

These events together with the existing and rising LGBTphobia have had a chilling effect on freedom of assembly and expression, including online and offline organising, and the ability for LGBTQ-affirming businesses to operate without harassment or fear. Due to fear of police raids and the safety of LGBTQ attendees, LGBTQ events remain closed and small. In this context, human rights defenders, activists, organisers and even businesses find it challenging to organise, support and undertake critical awareness raising and community building, which are much needed to address the isolation and disenfranchisement faced by LGBTQ persons and the hostility against LGBTQ persons.  

With the rise of conservatism marked by the confluence of right-wing politics and conservative religious sentiments, there is real-life danger for LGBTQ persons, a cause for worry within the Southeast Asian region. A report by Justice for Sisters revealed the serious negative impact of anti-LGBTQ sentiments on the mental health and well-being of LGBTQ persons, including increased stress, fear over personal safety, and resorting to self-censorship. 

Recommendations

  1. The Human Rights Commission of Malaysia (SUHAKAM) must review and investigate the recent raid to determine its compliance with international human rights standards.
  2. The SUHAKAM must work with police officers towards a human rights-based and gender-affirming and inclusive policing.
  3. All relevant human rights mechanisms including the AICHR, and UN Special Procedures must strengthen coordination to monitor and respond to the continuous shrinking of civic and democratic spaces, and its impact on the human rights of persons of diverse sexual orientation, gender identity, and gender expression in Southeast Asia.

Voices of Malaysian LGBTQ Human Rights Defenders

Raymond Phang, LGBTQ advocate, Co-founder of ShanghaiPRIDE, an ILGA Asia Member:

“I was anxiously waiting for my friends to be released from Rex KL and JAWI. I felt really powerless and all I can do is to keep them company via texts and ask community organizations to help. We need to do more as a community. We need to ask ourselves, what will happen when the next raid takes place?”

Andi Suraidah, Co-Founder & Director of Legal Dignity:

“The recent event makes you wonder if the same fundamental liberties enjoyed by others are shared with the LGBTIQ+ persons in Malaysia. The blatant violations, degradation, and humiliation of a person due to their SOGIE is an act of human rights violation. LGBTIQ+ persons must express their anger at the ballot box. Show them we matter, we belong, and our voices will be heard!”

Endorsed by:

Regional

  • ASEAN SOGIE Caucus
  • ILGA Asia
  • APCOM
  • Asia Pacific Transgender Network
  • ASEAN Feminist LBQ Network
  • ALTSEAN-Burma
  • APCASO
  • Asia Pacific Network of Sex Workers (APNSW)
  • Asia Pride Games Alliance
  • CIVICUS: World Alliance for Citizen Participation
  • Equal Asia Foundation
  • International Women’s Rights Action Watch Asia Pacific (IWRAW AP)
  • Intersex Asia
  • Milk Tea Alliance Friends of Myanmar
  • Milk Tea Alliance Calendar
  • SHAPE-SEA

Bangladesh

  • Noboprobhaat Foundation

Cambodia

  • CamASEAN Youth’s Future
  • Hear Us
  • Peer of Civic Engagement
  • SILAKA

Indonesia

  • Arus Pelangi
  • GAYa NUSANTARA
  • Free To Be Me
  • New Naratif
  • Kerukunan Waria Bissu Sulawesi Selatan
  • Cangkang Queer
  • Pondok Pesantren Waria Al-Fatah Yogyakarta
  • Transmen Indonesia
  • Non Binary Peer Support Group Indonesia

Laos

  • Queers & Cheers

Malaysia

  • Justice for Sisters
  • JEJAKA
  • Legal Dignity
  • PLUHO, People Like Us Hang Out!
  • Queer Lapis
  • Queer Malaysian Indians

Myanmar

  • Colors Rainbow
  • Rainbow Six

Nepal

  • Campaign for Change

Philippines

  • Pioneer Filipino Transgender men Movement (PFTM)
  • Intersex Philippines
  • Tagoloan Gender Advocacy Group
  • GALANG Philippines
  • Empress – MSU
  • (SHINE SOX Inc.) Social Health of Inter-ethnic (LGBTQI++) Network for Empowerment 
  • IMGLAD
  • Bisdak Pride
  • MUJER-LGBT Organization, Inc.
  • CVSU SILAYAN
  • LADLAD CARAGA
  • Ogtonganon Mask Stewards
  • PANTAY
  • LakanBini Advocates Pilipinas
  • SIDE B Philippines
  • Mindanao Pride
  • University of the Philippines Center for Integrative and Development Studies Program on Alternative Development
  • EnGendeRights
  • Transmasculine Philippines
  • Care for Queers

Singapore

  • Prout
  • Think Centre

Thailand

  • Sangsan Anakot Yawachon
  • Non-binary Thailand
  • Queer Riot

Timor Leste

  • HATUTAN

Others

3 other undisclosed organisations from Malaysia, Myanmar and Singapore.* 

*Names of organisations not disclosed due to security reasons 

Individual Signatories

29 individual signatories from the following countries: Brunei, Cambodia, Indonesia, Malaysia, Nepal, Philippines, Thailand, and Singapore.*

*Names of individuals not disclosed due to security reasons

Malaysia’s Criminal Laws Against LGBTQ Persons

PENAL CODE OF MALAYSIA

Section 377A: Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature.

Section 377B: Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.

Section 377D: Any person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any person of, any act of gross indecency with another person, shall be punished with imprisonment for a term which may extend to two years.

SYARIAH CRIMINAL OFFENCES (FEDERAL TERRITORIES) ACT 1997

Section 25 (Liwat) – Any male person who commits liwat shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof.

Section 26. (Musahaqah) – Any female person who commits musahaqah shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof.

Section 28 (Male person posing as woman) – Any male person who, in any public place, wears a woman’s attire and poses as a woman for immoral purposes shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Number of State Laws that Criminalize LGBTQ persons in Malaysia
Source: Justice for Sisters

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Aabyaz Mustafa

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Youth REPRESENTATIVE

Aabyaz Mustafa (he/they) is a finance professional, human rights defender, and fashion model from Pakistan. He is the CEO and Co-Founder of Gender Rights Watch (GRW), a nonprofit providing mental health and suicide prevention support to marginalized communities in the Global South. With over a decade in minority rights advocacy, Aabyaz has worked with Rainbow Railroad during the Afghan-Taliban crisis and was instrumental in advancing Pakistan’s Transgender Persons (Protection of Rights) Act, 2018.

Driven by a belief in collective action, Aabyaz mobilizes communities and allies for a more inclusive world. In their free time, they enjoy traveling, nature, and fitness as part of a holistic approach to well-being.

Mahnoor Aka Moon​

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Mahnoor Ch, also known as Moon, is a prominent advocate for gender rights, HIV awareness, and social justice in Pakistan. As a development practitioner, social scientist, and gender rights expert, she brings extensive experience and a multidisciplinary approach to her work. In her role as Program Director at the Khawaja Sira Society, she has led impactful initiatives, including the Multi-Country South Asia Global Fund Project. Her contributions have earned her several accolades, such as the Community Hero Award and formal recognition from both the Governor of Punjab and the President of the United States.

Beyond her leadership in community-based projects, Mahnoor has served as a trainer and technical expert, providing guidance on national policy development for the National AIDS Control Program and conducting training sessions for law enforcement in Lahore and Rawalpindi. She also plays a key role on the steering committee of the Global Fund Advocates Network for the Asia-Pacific region, helping shape global strategies for health and rights advocacy. Currently, Mahnoor is a member of the Prime Minister’s Counsel in Pakistan, advising on high-level policy decisions. She also works as a community-based implementing partner with UNDP, ensuring HIV prevention and treatment services are accessible to marginalized populations. Her unwavering dedication to equality and justice continues to inspire meaningful change across Pakistan and beyond.

Shane Bhatla

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Disability Representative

Shane (he/they) is a non-binary disabled activist and Gender Equality, Diversity, and Social Inclusion (GEDSI) consultant. They also serve on the advisory panel of Access For Everyone and are on the Global Advisory Board of a MHPSS and QMU project. Shane’s advocacy focuses on trans and disability issues, working to destigmatize conversations about mental well-being in these communities. Their journey reflects resilience and a commitment to breaking down societal barriers, with eight years of experience in the non-profit sector.

Shane’s notable projects include making regional LGBTIQ+ conferences more accessible, hosting a roundtable on the intersectionality of LGBTIQ+ and disability, creating a media publication featuring photos of LGBTIQ+ disabled individuals and a project to enhance the competency of suicide hotline crisis workers on LGBTIQ+ and disability issues.

With over a decade of work experience, Shane has been featured in the media, on blogs, podcasts and video interviews. Additionally, he has authored an e-book named A11y: A guide to accessibility for employers. Their expertise stems not just from their work experience, but also lived experience. In 2024, they were involved in developing the Kathmandu Charter for the rights of people with lived experience of mental health conditions, a never done before initiative.

Learn more on: shanebhatla.org

Tashi Tsheten​

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SOUTH ASIA and ILGA World REPRESENTATIVE​

Tashi is an LGBTQIA+ advocate from Bhutan and a Co-Founder of Queer Voices of Bhutan (QVoB), a community-based platform supporting the rights and inclusion of the gender and sexually diverse community in Bhutan. With a focus on addressing social stigma and advocating for legal and economic opportunities, Tashi and their team continue to contribute to advancing LGBTQIA+ rights nationally and regionally. Currently serving as a Program Advisor at QVoB, Tashi is also engaged in regional efforts through Youth Voices Count (YVC) and ILGA ASIA. Passionate about social justice, community building, and policy advocacy, Tashi remains committed to fostering greater understanding and acceptance for the LGBTQIA+ community.

Aisha Mughal

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TRANS REPRESENTATIVE and ILGA Asia Co-Chair

Aisha Mughal is a transgender rights expert working with the Ministry of Human Rights in Pakistan and as a UNDP Consultant. Since 2015, she has been actively advocating for transgender rights. In 2020, she made history as the first transgender person to represent any country during an official UN treaty review, participating in Pakistan’s national delegation to the UN CEDAW committee in Geneva. Aisha has contributed to peer-reviewed research on transgender issues and played a key role in the drafting and approval of the Transgender Persons (Protection of Rights) Act, 2018. She has also served with the National Commission for Human Rights (NCHR) in Pakistan.

Joyce Teng

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EAST ASIA REPRESENTATIVE

Joyce Teng is the Executive Director of Taiwan Equality Campaign (previously known as “Marriage Equality Coalition Taiwan”.) Before Taiwan Equality Campaign, she participated in some activist groups focusing on different issues like environment protection, women rights and transformational justice since 2010, and served as the Legislative assistant for the parliament of Taiwan between 2013 to 2015, and then dedicated herself to same-sex marriage legalization since 2016.

Joyce holds M.L. of National Taiwan University. With experience in the Parliament and her legal background, Joyce was responsible for the advocacy of LGBTI+ rights policies and legal reform. She advocated for inclusive political participation and representation since 2018, and acted as the Deputy Executive Director of Taiwan Equality Campaign. She then took the position as Executive Director in December 2022, leading Taiwan Equality Campaign on LGBTI+ rights advocacy.

Nyein Pyae Sone

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Finance officer

Nyein Pyae Sone is the Finance Officer at ILGA Asia. She has been working in the international non-profit management sector since completing her first Bachelor’s degree in Accounting in 2010. With over 12 years of extensive experience, she specializes in budget management, month-end and year-end closing, partnership support for local partner organizations, grant and financial management, cash flow forecasting, and financial reporting.

Throughout her career, she has contributed to various projects within international NGOs and UN agencies in both Thailand and Myanmar. Nyein holds a Master of Business Administration (MBA) with a focus in Business Administration and Management from UCSI University, Malaysia. Her solid background in finance and deep understanding of project operations make her a valuable asset to the organizations she works with.

Yarinda Srisutat

(she/her)
Senior Events and Admin officer

Yarinda Srisutat or you can call my nickname Kim (She/Her), Based in Krung Thep Mahanakhon (Bangkok), Thailand, Yarinda is an experienced nonprofit professional with a strong background in administration, finance, and event management. She currently serves as the Senior Admin and Events Officer at ILGA Asia, where she plays a key role in ensuring seamless operations, coordinating impactful events, and strengthening regional collaboration within the LGBTQ+ movement.

Yarinda has been deeply involved with ILGA Asia over the years. From 2019 to September 2023, she worked as a Senior Finance and Admin Officer, contributing to the organization’s operational growth. After a brief tenure at APCOM Foundation from October 2023 to August 2024, she rejoined ILGA Asia in a new capacity as Senior Admin and Events Officer, bringing her expertise in logistics, planning, and community engagement.

Her journey in the nonprofit sector began in 2016 when she volunteered and worked as a field staff member at the Rainbow Sky Association of Thailand (RSAT), engaging in grassroots LGBTIQ+ advocacy. In 2017, she became a Program Assistant at the Thai Red Cross AIDS Research Centre, where she supported clinical trials focusing on transgender women as a key population.
Beyond her professional work, Yarinda studies Mahayana Buddhism and finds joy in spending time with her pet cockatiel birds.

Shambawi Paudel

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Research Associate

Shambhawi Paudel is a feminist advocate with a research interest in critiquing intersectional application of human rights standards. She completed her LLM in Human Rights Law specializing in International Justice.She is involved in policy research and has written and published on a range of issues, including gender, queer rights, education policy, and digital rights and privacy concerns. She believes it is important to have long conversations about navigating oppressive social power relations rooted in care and community. She enjoys reading and crocheting in her free time

Omair Paul

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Research and global advocacy program manager

Omair Paul is the Program Manager at ILGA Asia. He joins the team with almost a decade of UN advocacy experience, previously serving as the UN Representative for Muslims for Progressive Values (MPV) since 2014. He led the organisation’s UN advocacy strategy and campaigns, represented MPV in various high-level UN meetings & processes, and forged working relationships with diplomats, UN agencies, and civil society organisations (CSOs) and networks.

He focuses on countering fundamentalist religious ideologies and protecting the rights to free expression, freedom of religion and belief, and the economic and social rights of women, girls, and ethnic, religious, and SOGIESC minorities in Muslim societies.

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Khine Su Win is a health professional, medical doctor, researcher, trainer and human rights advocate with a profound focus on Global Health. Her career is anchored in the cause of capacity building among marginalized communities in various regions of Asia including South East Asia, South Asia and East Asia.

With a passion for social justice, she works to enable and uplift marginalized groups, including People Living with HIV (PLHIV), Women Living with HIV (WLHIV), members of the LGBTIQ community, sex workers, People Who Use Drugs (PWUD), and opium farmers. By promoting their rights and advocating for their well-being, she strives to create a more inclusive and equitable society, where every individual’s voice is heard and respected.

Jeff Cagandahan

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INTERSEX REPRESENTATIVE

Jeff Cagandahan is a pioneering Filipino intersex man and human rights activist known for his landmark legal victory in 2008, when the Supreme Court of the Philippines recognized his right to change his name and gender marker, making him the first intersex person in the country to gain legal gender recognition. Born in 1981 and assigned female at birth, Jeff was diagnosed with congenital adrenal hyperplasia (CAH), a condition that led to the development of male physical traits during adolescence. His case emphasized the right to self-determination and became a cornerstone for intersex rights in the Philippines. He is the Co-founder of Intersex Philippines and a Board Member of Intersex Asia, playing key roles in advancing intersex human rights across the region. Jeff has been outspoken about the need for awareness, healthcare access, and societal inclusion for intersex people.

Phong Vuong

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SOUTHEAST ASIA REPRESENTATIVE and ILGA Asia Co-Chair

Phong Vuong (he/him) is currently working as the LGBTI Rights Program Manager at the Institute for Studies of Society, Economy and Environment (iSEE). As one of the leading LGBTI organizations in Vietnam since 2007, iSEE has conducted original research on contemporary Vietnamese LGBTI issues, supported LGBTI civil society organizations, facilitated the LGBTI movement and implemented successful social and policy advocacy campaign.

Along with his colleagues, Phong works closely with organizations on the ground, policymakers and the public to build resilient and capable communities, create knowledge and connect stakeholders to advance LGBTI rights in Vietnam through advocacy and social campaign. Some notable achievements include the legalization of legal gender recognition for transgender people (through Article 36 of the Civil Code 2015), the subsequent drafting of the Law on Gender Affirmation (with the Ministry of Health), the I Do campaign towards Marriage Equality and the Leave with Pride campaign that pushed a MOH’s Directive condemning conversion therapy in Vietnam. Phong also led iSEE’s work with regional and international human right mechanisms, and represent iSEE in various organizations and working group, such as ASEAN SOGIE Caucus, or C4TRANS (Coalition for Transgender Rights in Vietnam).

Aside from the work with iSEE, Phong also served as Secretary of The Organizing Board of Hanoi Pride, as Secretary for NextGEN Hanoi – a local LGBTIQ organization, and is a alumni of the YSEALI Professional Fellows Program.

Sean Sih-Cheng Du

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EAST ASIA and alternate ilga world REPRESENTATIVE

Sean Sih-Cheng Du is the Secretary-General of the Taiwan Tongzhi (LGBTQ+) Hotline Association. He joined Hotline as a volunteer in 2002 and has been since actively involved in the work on LGBTI+ and PLWHIV’s rights. He became Hotline’s Director of Policy Advocacy in 2011 and the Secretary-General in 2021.

His work includes social education, workplace equality, gay men’s sexual health, and international affairs. He was a crucial member of the Marriage Equality Coalition Taiwan and a board member of the Persons with HIV/AIDS Rights Advocacy Association of Taiwan.

He is currently the East Asian Representative of the ILGA Asia Executive Board, a board member of the Taiwan Equality Campaign, and a member of the Taipei City Committee of Gender Equality. He has a master’s degree in Sociology from National Taiwan University.

Artemis Akbary

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NON-BINARY REPRESENTATIVE

Artemis Akbary is the Executive Director of the Afghanistan LGBTIQ+ Organization (ALO), a leading advocacy organization dedicated to the rights of LGBTIQ+ individuals, particularly in conflict and post-conflict settings, with a main focus on Afghanistan. Their work involves engaging with international accountability mechanisms to ensure justice and accountability for LGBTIQ victims and survivors. With extensive experience advocating for LGBTIQ+ refugees at the EU level, Artemis is a recognized voice for marginalized communities. They have also worked as a consultant with various international organizations and NGOs on forced displacement issues. Artemis has addressed global human rights issues at forums such as the UN Human Rights Council, the UN Security Council, and other international platforms. Artemis holds an academic background in International Relations and European Politics, with expertise in Queer, Peace, and Security.

Chitsanupong "Best" Nithiwana

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SOUTHEAST ASIA and ILGA World REPRESENTATIVE

Founder and executive director of Young Pride Club, Chitsanupong “Best” Nithiwana (she/her) is a human rights defender for the rights of LGBTIQ+ youth and gender equality in Thailand. Absolutely dedicated to her career path, she started out as a public information assistant consultant at the UN headquarters. She supported the digital campaign of Youth Peace Security to gain the meaningful participation of women and youth in peace processes worldwide. In 2018, she became the first transgender participant in the US Exchange programme, YSEALI Academic Fellows.

An outspoken advocate for the LGBTIQ+ community, she now runs her own community in Chiang Mai, Thailand, Young Pride Club, which is a safe learning community for young people interested in gender equality and the LGBTIQ+ community. Established in 2018, the community provides on-the-ground activities and online content to develop leadership and participation in gender equality advocacy. Young Pride Club was also a main organizer of the Chiang Mai Pride 2019-2022 and the 2022 Youth Pride Thailand, the country’s first pride organized by LGBTIQ+ youth for LGBTIQ+ youth. In 2022, it reached over 40,000 followers and developed 50 young leaders across the country.

Recently, Best also became an APCOM Hero Award Honouree (Community Hero) under the theme “Unity & Diversity ” in recognition of her inspiring work.