Unchecked Reality of LGBTQIA+ Community’s Struggles
HAKAM Youth speaks to members of the LGBTQIA+ community and organisations protecting their interests to unravel the challenges faced in housing, healthcare and media representation.
SUARA MANDIRI Issue #5
The harsh reality faced by the LGBTQIA+ community in Malaysia is not shrouded behind a veil of secrecy. It is widely known that the gender and sexual identities of the LGBTQIA+ community are policed by the Malaysian authority, and they are often forced to exist surreptitiously. Unfortunately, the denial of their right to self-determination is only the proverbial tip of the iceberg.
“LGBTQIA+ persons are still denied equal human rights. It is a fundamental freedom that even those with the least power politically, socially, economically, technologically must be able to exercise. We have seen how online gender-based violence is weaponized against LGBTQIA+ persons to silence them, their struggle to access justice and to be understood as people with equal human rights.”
- Angela M. Kuga Thas (she/her), KRYSS Network
In conjunction with Pride Month, HAKAM Youth interviewed members of the LGBTQIA+ community, Zack*, GM Tan and Kaiser Ho to shed light on the plight of the community in attaining basic rights such as housing, healthcare and media representation. HAKAM Youth also spoke to KRYSS Network, SEED Foundation, and PT Foundation to gain perspectives on safeguarding fundamental rights of the LGBTQIA+ community in Malaysia.
Home is a Place called Nowhere
In 2019, the Office of the United Nations High Commissioner for Human Rights (OHCHR) noted that LGBTQIA+ youth face a disproportionate risk of homelessness every day. In Malaysia, disclosure of LGBTQIA+ identities often trigger conflicts within the families as they struggle to accept and understand, causing many LGBTQIA+ persons to be driven out of their homes or choosing to leave. The animosity exuded by the families is due to prejudices rooted deep in traditions and religious beliefs.
In a research by the Human Rights Commission of Malaysia (SUHAKAM) in 2019, the majority of the respondents have faced discrimination and violation of housing rights. They are denied rental, subjected to higher rents, and threatened with safety issues amongst others. Out of 100 respondents in the research, two were homeless and it is believed this number could be much higher.
In 2020, People Like Us Hang Out (PLUHO), Pelangi Community and Jejaka helped 30 homeless LGBTQIA+ youth seek shelter. The pandemic saw a higher number of the community at risk of being homeless as they struggled to make ends meet due to the lockdown. It also forced them to be within confined spaces with their homophobic families, while those with abusive partners are ensnared from seeking legal reproach and have limited access to justice. This pandemic heightened their vulnerability and made them more susceptible to violence, discrimination, and exploitation.[1]
Attesting to this, Mitch Yusof, the executive director of SEED Foundation (Malaysia’s first trans-led, community-based organization providing support to marginalised communities), observed a significant rise among LGBTQIA+ persons in need of aid and assistance during the pandemic.
The effect of homelessness on individuals is devastating on their physical and mental health, besides jeopardising their safety and security. While studies have shown that homelessness takes a heavy toll on the mental health of the general population, the chances of homeless LGBTQIA+ individuals experiencing mental health issues are 40% higher than their peers. Between a homeless heterosexual and a homeless LGBTQIA+ person, the latter faces a higher risk of depression and is more inclined to attempt suicide.[2]
When Zack* was kicked out of his home, he received help and temporary refuge from queer-friendly NGOs and individuals. However, he battled depression, stress and anxiety from the need to be constantly on the move and having no permanent place to reside. Uncertainty of his future, concerns for his safety and the traumatic experience of physical violence by his family members after ‘coming out’, plagued him with mental health issues and familial strains.
Zack*, 19 years old at the time, was beaten by his family after he came out of the closet. They confiscated his phone and hijacked his online presence. With no phone and little money, he was chased out of his house and had to walk for two hours at 4 am to seek a friend’s help in Kuala Lumpur. On the way to his friend’s house, he contemplated suicide.
A study by James Shelton concluded that homelessness had actually saved the lives of individuals from abusive and intolerant households in some cases.[3] Respondents in the study claimed that if they had not absconded from their abusive households, they would have committed suicide.[4]
Based on his personal experience, Zack* concurred with the findings of the study. Had he not been ousted, he would have never discovered the queer communities in Klang Valley. Finding like-minded people and exposure to queer culture liberated him. He professed his family would have sent him to conversion therapy and an Islamic boarding school to ‘rehabilitate’ him, had he stayed put with them.
However, he emphasized that many are not as lucky. He avowed to be blessed with friends aware of queer-friendly NGOs to help him. Members of the LGBTQIA+ community outside Klang Valley might find themselves without options, but to swallow the pill when faced with similar predicaments.
LGBTQIA+ individuals are also discriminated against in rental housing. The survey by SUHAKAM found that 25% of the respondents were denied a dwelling, while 31% experienced violence from their neighbours because of their gender identity, gender expression and sexual orientation. In one instance, a transwoman had to pay a higher rent because the owner assumed the premise would be used for “sex trade activities”.[5]
Ease of Testing, Timely Treatment and Judgement-free Support
Although HIV tests can be done at any government healthcare facility, stigma and discrimination against the LGBTQIA+ community are pervasive among healthcare workers, demotivating the community from coming forth to get tested and seek treatment.
According to Kevin Chan, programme manager for the national HIV programme, “Differentiate HIV service for Key Populations” at PT Foundation, for people living with HIV (PLHIV), HIV-related stigma has resulted in: (1) affective consequences (negative self-image, feelings of guilt or shame, depression); (2) social consequences (social isolation, reluctance to disclose status); (3) healthcare consequences (decreased access to and engagement in care), and (4) behavioural consequences (increased risk behaviour and poor medication adherence).
PT Foundation and SEED have conducted outreach programmes for key affected LGBTQIA+ populations. PT Foundation’s Jom Test program has engaged trained volunteers within the LGBTQIA+ community to reach out to their peers via online platforms and places frequented by them. SEED has distributed condoms and disseminated current information about the law, health and welfare on the streets.
Both organisations have conducted anonymous community-based testing for HIV, syphilis and Hepatitis C. They are then referred to proper caseworkers for counselling and clinical assistance. PT Foundation also initiated Community Health Care Clinic (CHCC), dedicated to providing non-judgmental and professional sexual health care services and counselling for the marginalised community at affordable prices.
“Malaysia does not need to reinvent the wheel. Many other countries, including Asian countries and Muslim countries, have adopted effective public health approaches to fighting HIV and have positive results to show. PT Foundation will continue to adopt these approaches, but it will need a nationally-funded public health campaign for our results to be amplified across the country.”
- Kevin Chan, PT Foundation (he/him)
Access to Trans-specific Healthcare
Contrary to popular belief, medical transition is not necessary for a trans person to be recognised as such. That being said, many trans folk do opt for hormone replacement therapies and gender-affirming surgeries. In Malaysia, access to hormones and surgeries is limited and expensive, as only a handful of healthcare providers are willing and possess the expertise to administer the procedures. This can be fatal for trans folk experiencing gender dysphoria, a conflict between a person’s assigned gender and the gender one identifies with.[6]
The raging pandemic has rendered many trans folk to struggle with economic fallout, let alone contemplate gender-affirming surgeries at this time. However, the lack of systemic support systems for the trans community in transitioning and challenges faced by those who have made the transition must be noted.
GM Tan, a transman, shared his perturbation before ultimately deciding to come out and the struggles of his arduous journey in a society unaccepting of openly trans individuals. He alludes to the lack of respect and understanding of the desires of the trans community to align their identities with gender.
Tan also points out that the insurance culture in Malaysia does not cover gender-affirming surgeries (dubbed as cosmetic surgery), nor the possible life-threatening complications from the surgeries. Failure to disclose medical transitions often cause their claims to be disqualified and voided on the basis of non-disclosure, despite the claims having nothing to do with the procedures. Albeit disclosure, insurance companies have been known to decline coverages or exploit trans individuals by offering exorbitant plans with many reservations. This can be imputed to trans folk being deemed a “risky” demographic.[7]
Further, the study by SUHAKAM found that trans persons often do not seek professional medical assistance for fear of persecution i.e. getting deadnamed, ridiculed by medical staff, and subjected to invasive questions.[8] SEED has often played the intermediary between ill trans individuals and healthcare providers, by ferrying them to clinics, translating information from doctors, working through patient registrations and guiding them to the correct departments to receive treatments. SEED recently published basic guidelines to trans health for healthcare providers, a collaborative effort between the trans community and allies in public and private healthcare sectors.[9]
Conversion Therapy vs Queer-affirming Mental Health Services
Amid undue pressure the LGBTQIA+ community face from discrimination, violence and marginalisation, it is conceivable that the distress predisposes LGBTQIA+ persons to poor mental health. While lesbian, gay and bisexual persons are almost five times more likely to attempt suicide than heterosexual youth[10], the likelihood of trans persons doing the same is double that number.[11]
Cries for help by LGBTQIA+ persons are often responded with fallacious “help”. Conversion therapy, a dangerous and discredited practice of trying to change one’s sexual orientation, gender identity or gender expression, is propounded as a solution.[12]
In Malaysia, the Islamic Development Department (JAKIM) is behind most of these initiatives, disguised with misnomers such as “treatment” and “rehabilitation”.[13] Mukhayyam camps, aimed at Muslim transwomen and under pretences of raising awareness about HIV infection, encourage participants to “correct their immoral behaviour”, predominantly their sexual orientations and gender identities. JAKIM also claimed to have conducted volunteer and outreach activities between 2006 and 2014 for over 2,000 LGBTQIA+ persons premised on returning them “to the right path”.[14]
The Ministry of Health is also complicit in pathologising queerness, engendering in unsafe public mental health services for the LGBTQIA+ community. The Ministry was among the 22 strategic partners endorsing JAKIM’s five-year Action Plan to Address the Social Ills of LGBT Behaviour 2017-2021.[15]Guidelines on Dealing with Gender Health Problems in Public Clinics predicated on “correcting” LGBT people as opposed to acceptance and affirmation, were published by the Ministry.[16]
State-sponsored conversion therapies propagated the practice to fame among religious support groups, churches and NGOs. Despite having no regulations in private healthcare facilities, mental health professionals are known to recommend and refer patients to conversion therapy affiliated with said religious groups.[17] Conversion therapy has been condemned by international bodies as it lacks scientific credence, mendaciously regards homosexuality as an illness, and is capable of causing profound harm.[18] The United Nations has deemed it as tantamount to torture.[19]
Instead of improving the mental health of an LGBTQIA+ person, conversion therapy only twists the knife in the wound. It leads to post-traumatic stress disorders, anxiety, depression, social isolation, sexual dysfunction and suicidal ideations.[20] The absence of laws criminalising conversion practices coupled with the government’s assent has connoted that this detrimental practice would persist without restraints.
The LGBTQIA+ community is in dire need of unbiased, queer-affirming mental health services and practitioners aware of the deep, lasting harms of conversion attempts through therapy or denial of their identities.[21] These mental health professionals must have undergone sexual orientation, gender identity and expression, and sex characteristics (SOGIESC) and human rights training to equip them with the dexterity required to work with the LGBTQIA+ community, including recognising internalised homophobia and transphobia.[22]
Not Mere Characters
Discrimination in the media against the LGBTQIA+ community exists in various forms. Regulations and censorship are one such prevalent example. Media are usually reviewed, regulated and censored before they can be approved for public viewing. These procedures exist within the purview of media laws: Communications and Multimedia Act 1998[23], Printing Presses and Publications Act 1984[24] and Film Censorship Act 2002[25].
Any portrayal of LGBTQIA+ culture in the media is met with absolute disapproval. Worse still, some of these media are banned or misrepresent the lives of LGBTQIA+ persons. Censorship boards considered LGBTQIA+ culture to be a negative influence on the public. Even Tun Dr Mahathir, former Prime Minister, was quoted to be saying that LGBTQIA+ culture is not recognised in Malaysia, as the country does not subscribe to Western values.[26]
The Film Censorship Board holds the prerogative to censor any news, film, television show, scene, dialogue, and content associated with LGBTQIA+ culture. Erasure of the identity of the LGBTQIA+ community and censorship of their cultural expressions on media are forms of blatant discrimination.
In news reporting, it has been a common practice for media outlets to misgender or deadname trans, intersex and non-binary individuals, both in Malaysia and internationally. GLAAD[27] and Justice for Sisters[28] in a local grassroots campaign advocating for social justice for the Mak Nyah community in Malaysia, elucidated the importance of not misgendering and deadnaming LGBTQIA+ individuals to respect the identity and privacy of a person’s identity.
Specific LGBTQIA+ narratives and representation are allowed within the censorship guidelines. Queerness can only be broadcasted in comedies on television, such as the portrayal of mak nyah (women in transitions). The hard-knock lives and culture of the LGBTQIA+ community are taken to be farcical entertainment. Further, the censorship board approved LGBTQIA+ characters dying or repenting in movies and television shows. One prime example is Asmara Songsang, an anti-LGBTQIA+ play written by Adam Rahman.[29]
“LGBT scenes would not be removed if there were lessons to be learned from the scenes and acting,” said Mohd Azis, former Deputy Home Minister under the Pakatan Harapan administration. In the live-action musical film, Beauty and the Beast[30] scenes showcasing two male characters dancing seemingly close were cut. Gay sex scenes in Rocketman[31] were censored and it led to criticism by viewers.
In 2019, Upin & Ipin, a local animated series for children, were attacked by Malaysians on Twitter. The character Abang Salleh, also known as Sally, was perceived as an LGBTQIA+ person due to his effeminate nature and was asked to be removed.[32] The character was then altered to be more “masculine”.
Kaiser suggested the active implementation of initiatives and projects aimed at empowering queer communities and individuals to increase the visibility of true queer representation in the media.
“It’s not always about having queer people on the frontline defending their own rights and existence. More powerful, queer-affirmative organisations should stand for these values with their relative safety nets and power, and meaningful representation by consulting queer communities and representing their struggles and the humanisation of their existence properly. They need to bring it to the platforms that matter. There should be a lot of allyship work to be the one tanking the attack [for the LGBTQIA+ community in Malaysia].”
- Kaiser (they/them)
In Loving Solidarity
Housing, healthcare and accurate media representation are inalienable rights for all, and the LGBTQIA+ community are not an exception.
“We must educate the public that differences in sexual orientation, gender identity and gender expression are not threats to belief systems. Corruption and abuse of power are the real threats to belief systems. Hate and fear politics are tools of the corrupt and those greedy for power. There is a greater need for the public to better understand these issues. There is a need to support LGBTQIA+ persons' public and political participation so that their rights can be equally protected. An ongoing programme and awareness-raising of non-discrimination and non-violence against LGBTIQ persons are needed in all educational institutions, over media, and in public spaces.”
- Angela (she/her), KRYSS Network
*Names have been changed.
References:
[1] United Nations Office of the High Commissioner, ‘OHCHR | The Right to Housing of LGBT Youth: An Urgent Task in the SDG Agenda Setting’ (OHCHR, 2021) <https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24877&LangID=E> accessed 12 June 2021.
[2] Rosario M, Schrimshaw EW, Hunter J. ‘Risk Factors for Homelessness Among Lesbian, Gay, and Bisexual Youths: A Developmental Milestone Approach’ (2021) Child Youth Serv Rev 34(1) <https://pubmed.ncbi.nlm.nih.gov/22347763/> accessed 10 June 2021.
[3] James S, ‘Reframing Risk for Transgender and Gender-Expansive Young People Experiencing Homelessness’ (2016) Journal of Gay & Lesbian Soc Ser. 28(4) <https://www.tandfonline.com/doi/pdf/10.1080/10538720.2016.1221786?casa_token=e31wQgobrbUAAAAA%3Aa_QGO_JanrHaqjh353d41hhTMsabNdnGpCFk3je6i3fExHjTUr7ifRQzlQ8zgbK5nZGpAojTmYadJ98&> accessed 15 June 2021.
[4] Fraser B, Pierse N, Chisholm E, Cook H, ‘LGBTIQ+ Homelessness: A Review of the Literature’ (2019) Int J Environ Res Public Health. 16(15) <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6695950/> accessed 15 June 2021.
[5] SUHAKAM, ‘Study on Discrimination against Transgender Persons based in Kuala Lumpur and Selangor’ (2019) <https://www.ohchr.org/Documents/Issues/SexualOrientation/SocioCultural/NHRI/Malaysia%20Human%20Rights%20Commission.pdf> accessed 9 June 2021.
[6] American Psychiatric Association, 'Gender Dysphoria' (American Psychiatric Association, 2013) <https://www.psychiatry.org/File%20Library/Psychiatrists/Practice/DSM/APA_DSM-5-Gender-Dysphoria.pdf> accessed 23 June 2021.
[7] 'The Comprehensive Personal Finance and Support Guide for LGBT in Malaysia' (Ringgit Oh Ringgit, 2018) <https://ringgitohringgit.com/commentary/personal-finance-for-lgbt-in-malaysia/> accessed 22 June 2021.
[8] Human Rights Commission of Malaysia (SUHAKAM), 'Study on Discrimination Against Transgender Persons Based in Kuala Lumpur And Selangor (Right To Education, Employment, Healthcare, Housing And Dignity)' (SUHAKAM, 2019) <https://www.ohchr.org/Documents/Issues/SexualOrientation/SocioCultural/NHRI/Malaysia%20Human%20Rights%20Commission.pdf> accessed 22 June 2021.
[9]Practical Guidelines For Trans-Specific Primary Health Care In Malaysia (SEED Malaysia, Galen Centre for Health and Social Policy) <https://seedfoundation.com.my/wp-content/uploads/2021/03/Bilingual_Guidelines-for-trans-primary-care_Final-2.023.10.2020.pdf> accessed 23 June 2021.
[10] 'Facts about Suicide – The Trevor Project' (The Trevor Project) <https://www.thetrevorproject.org/resources/preventing-suicide/facts-about-suicide/> accessed 23 June 2021.
[11] 'Transgender People and Suicide' (Centre for Suicide Prevention) <https://www.suicideinfo.ca/resource/transgender-people-suicide/> accessed 23 June 2021.
[12] 'About Conversion Therapy – The Trevor Project' (The Trevor Project) <https://www.thetrevorproject.org/get-involved/trevor-advocacy/50-bills-50-states/about-conversion-therapy/> accessed 23 June 2021.
[13] T Avineshwaran, 'Jakim to Transgenders: Come to our Rehab Camps' (The Star, 2014) <https://www.thestar.com.my/news/nation/2014/11/10/jakim-invites-transgenders-to-attend-rehab-programmes> accessed 19 June 2021.
[14] Allison Lai, Neville Spykerman and A Raman, 'Jakim and Jawi Help LGBT Folk Return to ‘Right Path’' (The Star, 2014) <https://www.thestar.com.my/news/nation/2014/11/13/jakim-and-jawi-help-lgbt-folk-return-to-right-path/> accessed 19 June 2021.
[15] 'Bicara Usrati Jannati & Majlis Pelancaran Portal Piswi, Pelan Tindakan Keluarga Sakinah dan Pelan Tindakan Menangani Gejala Sosial Perlakuan LGBT' (Jabatan Kemajuan Islam Malaysia (JAKIM), 2016) <https://www.islam.gov.my/ms/berita-semasa/34-bahagian-keluarga-sosial-komuniti/629-bicara-usrati-jannati-majlis-pelancaran-portal-piswi-pelan-tindakan-keluarga-sakinah-dan-pelan-tindakan-menangani-gejala-sosial-perlakuan-lgbt> accessed 22 June 2021.
[16] Kementerian Kesihatan Malaysia, 'Garispanduan Pengendalian Masalah Kesihatan Gender Di Klinik Kesihatan' (2017).
[17] Galen Centre for Health and Social Policy, 'What It Means To Suffer In Silence: Challenges To Mental Health Access Among LGBT People' (2019) <https://galencentre.org/wp-content/uploads/2019/04/PFA02_2019_Challenges-to-Mental-Health-Access-Among-LGBT-People.pdf> accessed 22 June 2021.
[18] American Psychological Association, 'Report of the American Psychological Association Task Force on Appropriate Therapeutic Responses to Sexual Orientation' (2009) <https://www.apa.org/pi/lgbt/resources/therapeutic-response.pdf> accessed 22 June 2021.
[19] United Nations High Commissioner for Human Rights, 'Discrimination and Violence against Individuals Based on their Sexual Orientation and Gender Identity' (2015) <https://ilga.org/wp-content/uploads/2016/02/AHRC2923-English.pdf> accessed 22 June 2021.
[20] Galen Centre for Health and Social Policy, 'What it Means to Suffer in Silence: Challenges to Mental Health Access among LGBT People' (2019) <https://galencentre.org/wp-content/uploads/2019/04/PFA02_2019_Challenges-to-Mental-Health-Access-Among-LGBT-People.pdf> accessed 22 June 2021.
[21] Ken Khoo, 'Where to Find LGBTQ Affirming Therapy in Malaysia & Why It's Important | Queer Lapis' (Queer Lapis, 2020) <https://www.queerlapis.com/where-to-find-lgbtq-affirming-therapy-in-malaysia/> accessed 23 June 2021.
[22] Jade See, 'LGBT People Need Safe Mental Health Services' (Malaysiakini, 2019) <https://www.malaysiakini.com/letters/474184> accessed 22 June 2021.
[23] Communications and Multimedia Act 1998.
[24] Printing Presses and Publications Act 1984.
[25] Film Censorship Act 2002.
[26] Islam D, 'Censorship Board's Duty To Protect Public From Negative Influence' (News Straits Times, 2018) <https://www.nst.com.my/opinion/letters/2018/12/436257/censorship-boards-duty-protect-public-negative-influence>
[27] Samson Amore and Lindsey Ellefson, 'LGBTQ Organizations Urge Media To Stop ‘Deadnaming’ Transgender Stars After Elliot Page Comes Out' (Yahoo! News, 2020) <https://malaysia.news.yahoo.com/lgbtq-organizations-urge-media-stop-213723544.html>
[28] Justice For Sisters, ‘End All Persecution Against Sajat Immediately’ (2021) <https://justiceforsisters.wordpress.com/2021/02/26/end-all-persecution-against-sajat-immediately/>
[29] Astro Awani, ‘Teater "Asmara Songsang" Mahu Basmi Gejala LGBT’ (2013) <https://www.astroawani.com/berita-hiburan/teater-asmara-songsang-mahu-basmi-gejala-lgbt-7399>
[30] Joseph N. Goh, ‘Beauty and the Beast censorship attempt shows the good, the bad and the ugly of LGBT rights in Malaysia’ (The Conversation, 2017) <https://theconversation.com/beauty-and-the-beast-censorship-attempt-shows-the-good-the-bad-and-the-ugly-of-lgbt-rights-in-malaysia-74995>
[31]Ibid.
[32] Rosli H, ‘“Kembalikan ‘Sally’ Yang Dulu...” – Peminat Upin Ipin Sedih Karakter Lembut Salleh Jadi ‘Keras’ (Kool FM, 2021) <https://www.koolfm.com.my/koolhiburan-kembalikan-sally-yang-dulu-peminat-upin-ipin-sedih-karakter-lembut-salleh-jadi-keras/>