Violence, Culture and Conflict: Strategies for Safety in a Time of AIDS In Malaysia

25 July 201420th International AIDS Conference

Legal system in Malaysia Federal

ConstitutionHighest law of the land

Civil lawsAdministered at the

federal level (criminal laws )

Section 21 of the minor offences

act Public indecency law

Syariah laws

Administered at the state level(family laws)

Male person posing as woman

Female person posing man

Syariah laws

1. Kedah2. Kelantan 3. Negeri Sembilan

Any male person who, in any public place, wears a woman’s attire and poses as a woman shall be guilty of an offence and shall on conviction be liable to a fine not exceeding (x) ringgit or to imprisonment for a term not exceeding (x) or to both.

1. Johor 2. Malacca 3. Pahang 4. Perak5. Perlis 6. Pulau Pinang 7. Sabah 8. Sarawak9. Selangor 10.

Terengganu 11. Wilayah Persekutuan Kuala

Lumpur (Federal Territory)

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 (x)ringgit or to imprisonment for a term not exceeding (x) or to both.

State Law Fine Imprisonment

Negeri Sembilan

Section 66. Male person posing as woman ≤ RM 1,000 (≈334 AUD) ≤ 6 months

Kedah Section 7. Pondan ≤ RM 1,000 (≈334 AUD) ≤ 6 months

Kelantan Section 7. Pondan ≤ RM 1,000 (≈334 AUD) ≤ 6 months

Malacca Section 72. Male person posing as woman ≤ RM 1,000 (≈334 AUD) ≤ 6 months

Sabah Section 92. Male person posing as woman, or vice versa

≤ RM 1,000 (≈334 AUD) ≤ 6 months

Selangor Section 30. Male person posing as woman ≤ RM 1,000 (≈334 AUD) ≤ 6 months

Penang Section 28. Male person posing as woman ≤ RM 1,000 (≈334 AUD) ≤ 1 year

Terengganu Section 33. Male person posing as woman ≤ RM 1,000 (≈334 AUD) ≤ 1 year

Johor Section 28. Male person posing as woman ≤ RM 1,000 (≈334 AUD) ≤ 1 year

Perak Section 55. Male person posing as woman ≤ RM 1,000 (≈334 AUD) ≤ 1 year

Sarawak Section 25. Male person posing as woman ≤ RM 1,000 (≈334 AUD) ≤ 1 year

Pahang Section 33. Male person posing as woman ≤ RM 1,000 (≈334 AUD) ≤ 1 year

Pahang Section 34. Female person posing as man ≤ RM 1,000 (≈334 AUD) ≤ 1 year

Federal Territory Section 28. Male person posing as woman ≤ RM 1,000 (≈334 AUD) ≤ 1 year

Perlis Section 7. Pondan ≤ RM 5,000 (≈1,671 AUD)

≤ 3 years

Perlis Section 7. Pondan (female person posing as men)

≤ RM 5,000 (≈1,671 AUD)

≤ 3 years

Impact of the law

Why is the identification card an issue?

Last odd numbers for

male

Gender as male being

stated on the bottom of the

id

Name is male name

Aleesha Farhana made an application to change her gender status at the High Court on May 25 to enable her to be accepted into the local university to continue her studies, apart from the difficulty of living as a woman with her male status

Street Signboard in the public to remind about the Syariah law against Transwoman

Politician giving lgbT hate remarks in the mainstream mediaPrime Minister Najib Abdul Razak and Opposition Leader Anwar Ibrahim came under fire from human

rights NGO Suaram today fortheir direct attacks against lesbians, gays, bisexuals and transsexuals, which it said will promote

discrimination against the LGBT community."The statements have certainly sent out a clear message that approves and justifies homophobic and

transphobic violence, abuse and harassment against LGBTs by society," the group said in a statement."It must be made clear that LGBTs are not asking for any new or special rights. They are simply asking the

government to live up to its promises and obligations on recognising equality and non-discrimination for all human beings."

Suaram was referring to Anwar's July 18 testimony in court in his suit against Malay daily Utusan Malaysia.

Anwar said laws that discriminated homosexuals were needed in order to protect the sanctity of heterosexual marriages, but argued that such archaic laws must be reviewed to prevent the innocent from being penalised.

'The enemies of Is lam'

The next day Najib said in a speech that the "LGBT community, along with liberalism and pluralism, are the enemies of Islam".

Constitutional review

End of 2010, filed the

constitutional review

11th October 2012 –

unfavourable decision from

the Negeri Sembilan High

Court

2012 – filed an appeal at the

Court of Appeal in Putrajaya

May and July 2014 - hearing

At the end of 2010, a group of transwomen filed a constitutional review of the Negeri Sembilan syariah law that prohibits ‘male person from posing as a woman’ following arbitrary and violent raids and arrests

Decision at the Negeri Sembilan High Court Applicants are born male and to this date are still male although

they have undergone surgery to enhance their appearance Applicants are Muslims, and thus must abide by the state syariah laws When transsexuals wear female attire, although biologically

they are male and have male sexual organs and desire, they will engage in homosexual relationships, which is a cause of HIV

The human rights provisions in the Federal Constitution are not absolute rights and can be disregarded

Article 8(2) that prohibits gender discrimination, covers men and women, not gender identity as claimed by the applicants. Gender refers to the sex that one is born with, male or female and it is stated in the birth certificate. Although they have changed physically and emotionally, it does not change the fact that the applicants are male as stated in their birth certificate and identification card.

Thank youNISHA AYUBnishaayub5479@gmail.com

facebook I am you: be a trans ally

twitter@justice_sisters

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