| For a summary of Malaysia’s review at the second UPR cycle please click here. |
4th UPR session
Date of review: 11 February 2009
Date of report adoption: 9 October 2009
Document number: A/HRC/11/30
|
SUMMARY SOGIESC issues during Malaysia’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
13. AI [Amnesty International] called on the Government to repeal or reform articles 377a and 377b of the Penal Code, which have created an environment, that allows for discrimination against lesbians, gays, bisexuals and transsexuals.
Right to privacy, marriage and family life
30. According to COMANGO [the Coalition of Malaysian NGOs in the UPR process], the Government’s hetero-normative stand discriminates against people of non-heterosexual orientations by adopting conservative and restrictive interpretations of religions and laws, such as the S377A and S377D of the Penal Code (PC) and the S21 of the Minor Offences Act 1955.
Freedom of religion or belief, expression, association and peaceful assembly, and right to participate in public and political life
37. According to COMANGO, the violation of freedom of expression through the regulation of sexuality is most often used against women and the transgendered. Muslim entertainers have borne the brunt of religious authorities’ regulation of ‘immoral activities’ in pubs, bars and other entertainment outlets. Singers have been arrested, charged under Sharia offences and harassed. There are also curbs on cultural and artistic expression, particularly on those deemed ‘against the teachings of Islam’. In 2006, the State Government of Kelantan imposed a ban on Mak Yong performances despite UNESCO certifying these as a world cultural heritage. No action was taken by the Federal Government.
Right to social security and to an adequate standard of living
43. The privatisation of health services has impacted negatively on the quality of public health services, as highlighted by COMANGO. There is a real concern that ongoing bilateral Free Trade Agreement (FTA) negotiations will result in the Government failing to protect accessibility to affordable medicines, especially those to treat persons living with HIV. COMANGO noted that heterosexual transmission of HIV is on the rise. It further indicated that laws criminalizing sex work, sexual practices and the carrying of syringes and needles are legal barriers for vulnerable groups to access HIV testing, prevention and treatment.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
48. The delegation noted that it was correct to say that currently the Malaysian Penal Code criminalized oral and anal sex. Such sexual conduct was not only against the tenets of Islam, which was Malaysia’s official religion, but also the other major religions in Malaysia such as the Christian and Buddhist religions. Responding to a question raised with regard to the Minor Offences Act, the delegation stated that it was clear that the Act did not provide for cross-dressing to be an offence.
76. Chile […] (f) the elimination from the Penal Code of standards which allow for discrimination against people on the grounds of their sexual orientation.
88. France […] strongly encouraged Malaysia (a) to respect the human rights of all individuals, including homosexuals, by de-penalizing homosexuality. It also recommended that Malaysia
V. Conclusions and/or recommendations
Malaysia noted the following recommendations:
Elimination from the Penal Code of standards which allow for discrimination against people on the grounds of their sexual orientation (Chile);
Respect the human rights of all individuals, including homosexuals, by de-penalizing homosexuality (France).
VI. Further information
You will find all documents relating to Malaysia’s first review at UPR-Info and OHCHR’s websites.