In order to help LGBT in our society in Malaysia, the legal institutions, legal actors

and the law play an importantrole to improve their situation.

First and foremost, legal institutions play an important role to improve LGBT peoples
situation. Lawmaker in Malaysia need to ensure there is human rights for LGBT people. The
rights for LGBT people are different in each country. LGBT peoples rights can be
categorised as two, which is the human rights and civil rights. Example of the rights for
LGBT people are right to life, right to freedom from torture or cruel, inhuman or degrading
treatment, right to equality and non-discrimination, right to association, freedom of assembly,
freedom of information and expression, right to work, right to health, rights of children and
right to education.
Lets look through LGBT peoples right one by one. LGBT people should have the right
to life, that is same sex relations should not be given death penalty and they should not be
targeted for extra-judicial killings on the basis of their sexual orientation or gender identity.
They should also have the right to freedom from torture or cruel, inhuman or degrading
treatment, which is they should not systematically and in a discriminatory manner subjected
to torture or abused by police or other security forces, authorities must provide adequate
protection to LGBT people held in their custody and they must have equal and effective
protection against discrimination before the law. Next, LGBT people must have right to
equality and non-discrimination. Criminal law should not be used to penalise consenting
same-sex relations or transgender identities, other laws concerning morality or public order
should not outlaw same-sex relations, there must be procedures in place to recognise a
transgender persons gender identity in official documents and a transgender person should be
given all the rights to enjoy his or her new reassigned gender. LGBT people also must have
right to association; they must be allowed to establish associations to represent their interests.
Other than that, LGBT people must be given freedom of assembly which LGBT associations
should be allowed to organise public and non-public events, cultural events, social events and
conferences. LGBT people should be given freedom of information and expression, which is
law should permit journals, websites, radio and television programmes or films that feature
LGBT subjects so they can operate effectively. LGBT people should be given right to work so
they wont suffer discrimination when they work on the grounds of sexual orientation or
gender identity. Also, LGBT people must be given right to health to enjoy equality in access
to health facilities for issues relevant to them and gender reassignment treatment. Next, LGBT
people must be given right to children. Their children should not suffer from discrimination as
a result of sexual orientation or gender identity of their parents. Lastly, LGBT people should
be given right to education. We should not discriminate their right to education on the grounds

of sexual orientation or gender identity.1 By enforcing these human rights for LGBT in
Malaysia, their life would be easier and free of discrimination.
Secondly, non-government organisations, NGO had been organised Sexuality
Independence (Sexualiti Merdeka) in Kuala Lumpur, Malaysia since August 2008. There were
400 to 500 people that attended the crowd. Sexuality Independence is an annual sexuality
rights festival featuring a programme of talks, lectures, forums, workshops, theatre and music
performances, interactive installations and film screenings. The aim of this festival is to
underscore the fact that even after 52 years of independence, many of us are still not free to be
who we are. The festival is being held for the second time from 12 to 16 August 2009 at the
Annexe, Central Market. Their theme is Our Bodies, Our Rights. The organisers wish to tie
LGBT rights into the larger framework of human rights during the festival. The festival also
will focus on issues such as privacy, moral policing and human rights that affect everyone. 2
Since Sexuality Independence hold regular public discussions upon the topic regarding LGBT
people, the public will be more understanding on LGBT peoples situation and the
discrimination towards them will decrease.
Thirdly, government bodies should follow Article 8 in Federal Constitution Malaysia.
Transgender group in LGBT people should be given recognition and all the anti transgender
organisations should be criminalised since they are against the Article 8 in Federal
Constitution. Article 8 in Federal Constitution stated that All persons are equal before the law
and entitled to the equal protection of the law and there shall be no discrimination against
citizens on the ground only of religion, race, descent, place of birth or gender. 3 Earlier in
June, Deputy Minister in the Prime Ministers Department Mashitah Ibrahim told Dewan
Rakyat that the LGBT community is not protected by clauses in the Federal Constitution that
protects Malaysians against discrimination. Mashitah said that Article 8 of the constitution,
which talks about equality, has never been interpreted to mean sexual preference and only
applies to gender.4 However, we can categorise transgender group in LGBT people as third
gender. Therefore, government bodies and other security forces should not prosecute
1 Council of The European Union, Guidelines To Promote And Protect The
Enjoyment Of All Human Rights By Lesbian, Gay, Bisexual, Transgender
And Intersex (LGBTI) Persons: Elements for analysis/checklist of the
situation regarding LGBTI human rights issues, Luxembourg, Foreign
Affairs Council Meeting, 24 June 2013, p. 15-20.
2 Sexuality Merdeka: Independence and Rights, [online video], 13 August
2009, http://www.popteevee.net/the-fairly-current-show/the-fairly-currentshow-61-jac-sm-kee/, (accessed 20 November 2014).
3 Federal Constitution 2010 Article 8.

transgender people since it is not against the law and they should have their rights and
freedom.
Lastly, parliament in Malaysia can intergroup on LGBT rights such as what Europe
parliament did to help the LGBT people. The intergroup on LGBT rights is an informal forum
for members of the European parliament who wish to advance and protect the fundamental
rights of LGBT people. Members of the intergroup would usually take a positive stance on
LGBT issues when they draft reports or amendments, when they vote in the Parliament, or
when they deal with constituency affairs. The function of intergroup is to monitor the rights
for LGBT people such as examine the everyday situation for LGBT people, take an active
part in promoting the human rights of LGBT people and reminds other countries of their duty
to protect LGBT peoples rights.5 In Malaysia, parliament can intergroup the rights for LGBT
people. In order to protect the rights for LGBT people and avoid them in facing
discrimination and harassment in daily life, parliament members in the group should take in
LGBT issues when they draft reports and amendments, when they vote in Parliament and
when they deal with constituency affairs.
Secondly, legal actors play an important role to improve LGBT peoples situation.
Lawyer and judge can take part in bar association for LGBT such as National LGBT Bar
Association to help the LGBT people. National LGBT Bar Association in America is a
national association of lawyers, judges and other legal professionals, law students, activists
and affiliated LGBT legal organisations. The LGBT Bar promotes justice in and through the
legal profession for the LGBT community in all its diversity. The National LGBT Bar
Association also encourages the advancement of the LGBT legal community and has
compiled a list of programs and resources available to LGBT bar members and supporters.

In Malaysia, we should also have a bar association for LGBT to raise out their voice within
legal community. Through this association, the professional lives for LGBT people can be
improve too.

4 Teoh El Sen, LGBT not protected by Federal Constitution, Free

Malaysia Today, 19 June 2012,
http://www.freemalaysiatoday.com/category/nation/2012/06/19/lgbt-notprotected-by-federal-constitution/, (accessed 20 November 2014).
5 The European Parliament's Intergroup on LGBT Rights, http://www.lgbtep.eu/, 2009-2014, (accessed 21 November 2014)
6 The National LGBT Bar Association, http://lgbtbar.org/, 2014, (accessed
21 November 2014)

Other than that, legal services should be given to LGBT people such as The Gay and
Lesbian Centre at Los Angeles. This centre is the provider of programs and services for
LGBT people. They give services in a few aspects. For instance, health, social services and
housing, culture and education, leadership and advocacy. In the aspect of health, there is
primary health care specialize for LGBT people, HIV testing and treatment and on site
pharmacy. In the aspect of social services and housing, legal support, counsel and advocacy,
emergency shelter and traditional housing are given to LGBT people. In the aspect of culture
and education, there are LGBT charter high school, community meeting and event space for
LGBT people. In the aspect of leadership and advocacy, LGBT people are provided with
political and civil rights advocacy and LGBT cultural competency trainings. 7 In Malaysia,
legal services should be given to serve all the LGBT needs in the LGBT community.
Scholars should be involve in LGBT studies so they can more understand the LGBT
peoples condition in our society today. At University of Oregon in United States, there is
studies for LGBT which is also called Queer Studies. Scholars in Queer Studies study the
issues relating to sexual orientation and gender identity by focusing on LGBT people and
their cultures. Example of the courses in Queer Studies are Queer Ethnic Literature, Queer
Migrations, Sex and Medical Ethnics and Transgender Issues. The students who complete
Queer Studies can apply their knowledge to position in government, industry, for-profit
companies and non-profit organisations. Recently, there are a lot of companies start to hire
staff to work expressly with LGBT populations.8 In Malaysia, government should add in
LGBT studies in our education. Through LGBT studies, scholars can think critically about the
problems face by LGBT peoples and find a solution for them.
Last but not least, law play an important role to improve LGBT peoples situation. There
are some of the laws that should be enforced in Malaysia to recognise and protect LGBT
people such as anti-discrimination law and hate crime laws. Anti-discrimination law should be
enforce so LGBT people can be treated equally without any discrimination. Anyone should
not be discriminate on the ground of sex, age, race, religious, ethnicity, nationality, sexual
orientation, and gender identity. Other than that, hate crime laws should be enforce to prevent
LGBT people get punished just because of their sexuality. Through the laws, government can
impose tougher penalties on criminals who target their victims based on the victims sex,

7 Los Angeles LGBT Center, http://www.lalgbtcenter.org/, 2014 (accessed

21 November 2014)
8 Queer Studies, http://admissions.uoregon.edu/majors/queer%20studies,
2014 (accessed 21 November 2014)

sexual orientation and gender identity. LGBT people must be protected by law to save them
from violence that leads them to depression, anxiety and post-traumatic stress disorder.