Timeline of key events

MALAYSIA
Seksualiti Landmark
Anwar Ibrahim Merdeka banned decision by the
charged with by the police, Court of Appeal
corruption and citing Section declares that the
sodomy Federal Court
overturns Anwar 27A(1)(C) of anti-
Ibrahims sodomy the Police Act and crossdressing rule
Formation of Section 298A of under
anti-LGBT group conviction
the Shariah law is
Pasrah Penal Code unconstitutional

1998 2004 2011 2014

2000 2008 2012 2015

Anwar Ibrahim Anwar Ibrahim Acquittal of Overturn of

sentenced to 9 arrested for a Anwar Ibrahims acquittal,
years for sodomy second time on sodomy charges Federal Court
charges of re-affirmation of
sodomy. the conviction
and Anwar Ibra-
Seksualiti him sentenced to
Merdeka, the first 5 years for
annual sexuality sodomy
rights festival
held in Kuala Federal Court
Lumpur, attracts overturns the
over 500 people Court of Appeals
rulings on the
anti-
crossdressing rule
under Shariah law

CHALLENGES AND fINDINGS lEGAL oVERVIEW

The colonial sodomy law is further compounded and complicated by the

Penal Code
application of Shariah law CARNAL INTERCOURSE AGAINST THE ORDER OF NATURE

37
State persecution of homosexuality persists, as some Malaysians are using these Any person who has sexual connection with another person by
grounds to seek amnesty in other countries
the introduction of the penis into the anus or mouth of the other
Local LGBT organisations that deal with rights, social support, health programmes do
exist extensively, but large scale festivals (see: Seksualiti Merdeka)/ pride parades (see:
Taylors College Pride Parade) are susceptible to being banned due to public discon-
7a person is said to commit carnal intercourse against the order of
nature.
tent and other reasons
Explanation Penetration is sufficient to constitute the sexual connection
State/legal events and dimensions often are the largest contributing factors to raising
LGBT issues within the mainstream consciousness (see: Anwar trials, Federal Court and necessary to the offence described in this section.
the crossdressing rule), encouraging discourse to emerge from LGBT activists, interna-
tional newspapers and human rights organisations, and anti-LGBT groups Punishment for committing carnal intercourse against the order
of NATURE

Whoever voluntarily commits carnal intercourse against the

order of nature shall be punished with imprisonment for a term 37
which may extend to twenty years, and shall also be liable to
whipping. 7b
LGBT/HUMAN RIGHTS GROUPS
PT FOUNDATION
A community based, non-profit organisation providing HIV/AIDS education, ent of sodomy]
prevention, care and support programmes. Section 25. Liwat. [equival
ce and shall
Initiatives: Community Health Care Centre - anonymous HIV screening,
pe rso n wh o co mm its liw at shall be guilty of an offen
Any male usand ringgit or to
Counselling
co nv ict ion be lia ble to a fine not exceeding five tho not
2nd Chance Program - provides services dedicated to children with HIV or on three years or to whipping
t for a ter m no t ex ce ed ing
imprisonmen
who are otherwise affected by the epidemic any combination thereof.
Contact: omar@ptfmalaysia.org exceeding six strokes or to

jUSTICE FOR SISTERS

A grassroots campaign organised by concerned members of the public to Section 26. Musahaqa
h. [equivalent of lesb
raise awareness about issues surrounding violence and persecution against ian relations]
the Mak Nyah community in Malaysia. Any female person who commi
ts musahaqah shall be guilty of
Contact: justiceforsisters@gmail.com and shall on conviction be liab an offence
le to a fine not exceeding five tho
ringgit or to imprisonment for usand
a term not exceeding three yea
pELANGI cAMPAIGN whipping not exceeding six str rs or to
okes or to any combination the
Seeks to advocate LGBT rights in Malaysia through outreach and bringing reof.
awareness and grassroots mobilisation. Supported the now cancelled Pride
march organised by Taylors University

EMPOWER MALAYSIA posing as woman.

A non-governmental organisation that promotes justice and democracy, Section 28. Male person
based on feminist and human rights principles.
n wh o, in an y pu bli c pla ce , wears a woman's attire and
Any male perso ence and
Initiatives: Womens Political Participation programme part of a larger
a wo ma n for im mo ral pu rposes shall be guilty of an off
poses as thousand ringgit
programme to raise womens representation in political office from the to a fine not exceeding one
shall on conviction be liable to both.
current 12% to 30% m not exceeding one year or
Contact: info@empowermalaysia.org or to imprisonment for a ter

Seed foundation
A group of dedicated social workers aiming to develop the skills of key
affected communities (homeless, transgender persons, and people living Moreover, several states in Malaysia have instated Islamic Sharia
with HIV) laws, applying to male and female muslims, criminalising homo-
Initiatives: Drop-in centres, referrals and outreach programmes sexual and lesbian acts with up to three years imprisonment and
Contact: seed@seedfoundation.com.my whipping. The Sharia Penal law in the Malaysian state of Pulau
Pinang prescribes penalties for sodomy (Liwat) and lesbian
relations (Musahaqat) with fines of RM5,000.00, three years impri-
sonment and 6 lashes of the whip. All these penalties can be
combined.