ILGA Asia is deeply concerned by the recent developments in Malaysia as the government continues to instrumentalise vague legal provisions and colonial era laws to justify state-sponsored intimidation and violence against LGBTIQ individuals and communities. Targeted crackdowns on events or gatherings even perceived to be organised for LGBTIQ communities and other forms of violence and discrimination on the basis of sexual orientation, gender identity, expression, sex characteristics (SOGIESC)—including undue detainment, harassment, surveillance, censorship, and forced conversion therapy—amount to direct violations of the fundamental liberties prescribed under the Federal Constitution of Malaysia and the Malaysian government’s international human rights obligations.
On 30 January 2026, two men in Kuala Lumpur were detained under suspicion of “indecent acts” after a patrolling police officer found “liquid-filled tissue” in the rear seat of their car. They are being investigated under the Section 377A of the Penal Code—the colonial era provision criminalising “carnal intercourse against the order of nature” which has been invoked to effectively criminalise same-sex sexual relationships. The provision has already been repealed in India and Singapore, with the Supreme Court and the Parliament respectively taking a stance for inclusiveness, equality, and dignity of every individual. The use of state instruments to surveil consensual sexual relationships between adults goes against the basic notion of liberty and privacy. ILGA Asia urges the Malaysian government to repeal Section 377 of the penal code and to drop any charges being investigated under this provision. We further urge the Malaysian authorities to stop intrusive investigations that violate a person’s rights to privacy, liberty, and equality prescribed in the constitution.
The upward trend in acts of state-sponsored harassment of LGBTIQ individuals and spaces in Malaysia is alarming. A hotel in Melaka was raided by the authorities on 13 January 2026 for advertising itself as “gay-friendly” online; they subsequently had their license suspended despite no evidence of “wrongdoing” found at the scene. This follows multiple instances of raids in establishments for suspected “immoral” behaviour including high profile raids in a wellness center in Kuala Lumpur, a spa in Penang, and in an HIV awareness event in Kelantan just last year. This series of actions has created an environment of fear and repression felt by LGBTIQ community members and organisations. There were multiple signboards in Terangganu with anti-LGBTIQ statements amounting to hate speech in May 2025, which were endorsed and defended by the Terangganu State Executive Council. This kind of state-sanctioned violence and hatred has incited the general public to report their families and peers suspected of being LGBTIQ, creating a systemically unsafe society for queer individuals.
The censorship of queer literature and symbols like the rainbow motif have been justified by the state in attempts to curtail the spread of “ideologies and movements that conflict with Malaysia’s multicultural values.” Religious, social, and cultural values are consistently instrumentalised by the government to frame LGBTIQ individuals and communities as morally opposed to social harmony. This narrative has provided the discursive basis for the criminalisation of any behaviour that does not follow normative models of gender and sexuality in Malaysia. A transwoman in Kelantan is being prosecuted under Section 18 of the Kelantan Syariah Criminal Code (I) Enactment 2019, which criminalises the changing of one’s gender; this is the first time the particular provision has been invoked and sets a very dangerous precedent. ILGA Asia is deeply concerned about vague and potentially subjective interpretations and applications of religious laws—often interpreted through patriarchal worldviews—and affirms that the respect and recognition of multiculturalism and religious values does not provide licence to discriminate or commit violence against anyone on any basis. Religious laws and narrative must not be weaponised to enact punitive measures against anyone on the basis of their SOGIESC.
The Malaysian government’s investigation into the “Glamping with Pride” event, organised by JEJAKA, follows the trend of prejudiced legal interpretations against LGBTIQ communities and events. The two-day event was initially planned to take place on 17-18 January as a public health event aimed to reduce stigma surrounding issues such as HIV. The programme was cancelled due to safety concerns arising from increased scrutiny around the programme from the government and dissenting groups; the organisation also received multiple death threats. The media reported there were up to five police reports made against the event, though sources at JEJAKA informed us that the actual number was close to 30. These reports were filed under Section 504 of Penal Code, which prohibits intentional intent to provoke a breach of peace, and Section 233 of the Communications and Multimedia Act criminalising the improper use of network facilities. The broad interpretation of these legal provisions sets a dangerous precedent and raises grave concerns about the autonomy and safety of all human rights defenders who risk being tagged as a “breach of peace” for their work, further shrinking civic space and expression in Malaysia. ILGA Asia affirms the investigation into the event and the probes into the organisers of “Glamping with Pride” have been carried out in a prejudicial and excessive manner, amounting in instances of harassment against the organisers and their undue detainment even as no formal charges have been levied against them.
There have been alarming statements about the “Glamping with Pride” event from government officials, reinforcing the pathologisation of LGBTIQ individuals and communities. Increased and undue scrutiny into HIV/AIDS awareness events and the targeting of initiatives that provide critical health services is a serious breach of right to access to health services. These dangerous narratives perpetuate the stigma around public health concerns, dissuade people from seeking medical help, and undo years of awareness work and advocacy efforts around HIV/AIDS and other sexually transmitted diseases. Government-funded rehabilitation centers purported to offer “counseling” services for individuals with actual or perceived diverse SOGIESC. ILGA Asia strongly condemns the public or private promotion of conversion therapy, and affirm that its forced application can amount to acts of torture and constitutes gross human rights violations.
“What we are seeing in Malaysia is not isolated enforcement, but a pattern of crackdowns justified in the name of ‘public order’ and ‘upholding religious values.’ As political narratives continue to argue away our rights, there is a growing failure to uphold the state’s duty to protect all Malaysians, particularly at a time when the country is already grappling with economic inequality, social polarisation, and widening insecurity. This includes an upward trend of arrests and enforcement at community spaces, alongside pre-emptive tactics by state and non-state actors such as mass reporting and administrative pressure. These targeted and disproportionate actions fracture trust between communities and institutions, discourage access to health and support services, and further marginalise those already made vulnerable. Upholding guaranteed constitutional protections requires the Malaysian government to move away from punitive approaches and towards policies rooted in care, inclusion, and human rights.” – Dhia Rezki Rohaizad, Program Manager of JEJAKA
The Malaysian government must immediately stop the targeting of LGBTIQ individuals, communities, and events and respect their right to a dignified life, right to privacy, and equal protection under the law. ILGA Asia urges the government to repeal Section 377 and other colonial era laws that have been weaponised against LGBTIQ individuals, and to curtail the application and weaponisation of vague religious and penal laws and narrative that seek to silence, prosecute, and invisibilise queer voices.
