Stop discriminating and intimidating vulnerable groups – Article 19

On 28 November, more than 200 men were detained for over 40 hours during a joint enforcement operation at a wellness centre in Kuala Lumpur for allegedly committing “carnal intercourse against the order of nature” (Section 377A of Malaysia’s Penal Code) and “exploiting any person for [the] purpose of prostitution” (Section 372 of the Penal Code).

A separate raid was carried out on 29 November in Penang, during which 13 men were arrested for allegedly committing offences under Section 377B of the Penal Code for committing “carnal intercourse against the order of nature” and Section 373 of the Penal Code for “suppression of brothels”.

Article 19 condemns the authorities’ actions, which underscore the ongoing use of anti-LGBTQI+ rhetoric and laws to legitimise systemic discrimination and restrict the ability of individuals to express themselves freely and without fear.

“These investigations are a testament to how state authorities remain intent on weaponsing  punitive laws to intrude into people’s private lives,” said Nalini Elumalai, Article 19’ss senior Malaysia programme officer.

“No one should be subjected to raids, surveillance or public humiliation simply for exercising their basic rights to freedom of expression and privacy.

“The government must immediately end these discriminatory practices, drop all investigations, and ensure that LGBTQI+ individuals can live free from intimidation and state interference,” she added.

The raid on 28 November was jointly conducted by Kuala Lumpur Police, the Federal Territories Islamic Religious Department (Jawi) and Kuala Lumpur City Hall.

The media were invited to document the operation, resulting in the disclosure of some personal details of those targeted, such as job titles and workplaces.

After the magistrate rejected the remand applications on 30 November, the authorities did not proceed with criminal charges. Police released all those arrested, except one individual who does not reside in Malaysia, and after appointing bailors.

It is also reported that over 100 Muslim men are still being investigated under Sharia law.

Then-Religious Affairs Minister Na’im Mokhtar said religious authorities will intensify their efforts on these so-called ‘deviant’ practices, which he described as “unacceptable”.

The Ministry of Education has also since responded by removing those involved from any educational institution under the ministry, pending the completion of investigations.

“It is crucial that everyone, particularly ministers, public officials, religious institutions and community leaders, firmly denounce discrimination, violence and hatred,” said Nalini.

“They must refrain from using stigmatising language or actions that could further fuel hostility, particularly towards minority groups already facing exclusion and at heightened risk of reprisal for merely expressing themselves.

“Everyone, regardless of their gender or sexual orientation, deserves the equal protection afforded under Article 8 of the Federal Constitution,” she said.

“The government must end all harassment against LGBTQI+ individuals and urgently review laws that perpetuate discrimination against minorities.”

Creating an enabling environment for the right to freedom of expression and equality is not only an obligation for states under international human rights law.

The Malaysian government must take steps to achieve this, including passing comprehensive anti-discrimination legislation in line with international human rights standards, so that people in Malaysia can freely express themselves, exchange ideas and engage in healthy debates.

This, in time, will lead to better policies and more stable societies. – Article 19

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