The Reality of Being LGBTQI in Malaysia

In Malaysia, engaging in same-sex relations or identifying as another gender can be punished with fines, caning and even imprisonment for up to 20 years. The police regularly enforce the laws that persecute LGBTQI people, creating a climate of fear, attempting to catch them in acts that could lead to punishment. In October last year, the Federal Territories Islamic Religious Department (JAWI) raided a Halloween party attended by LGBTQI people in Malaysia, despite the event being legal and permitted.

Over 20 LGBTQI people were taken in for investigation. Our partners in Malaysia, Legal Dignity, were there to support, assisting people with bail and ensuring that the community knew their rights. 

Yaya was one of the attendees at the party, and is also part of the team at Legal Dignity. Andi, the Executive Director of Legal Dignity, was there to provide support to the community when the raid happened. Yaya and Andi shared with us their experience from that night, the support that Legal Dignity provided and the work that has been done since then to ensure that LGBTQI people in Malaysia know their rights.

Could you tell us about what happened at the Halloween party?

YAYA: I wasn't inside the premises when the police raided it. Nearing the area in a taxi, we noticed there was a lot of traffic but we didn't know why. Getting out of the car was scary enough because we could already see people looking. We walked faster so we could be with our community who will not judge us for being ourselves, to where it was safe. 

Upon arriving at the entrance, we saw chaos. The cops raided the premises a minute before we walked in. We started noticing the amount of authorities surrounding the area. There were police officers, drug enforcement officers and religious authorities. It was a massive planned raid.

We were stunned. The next thing I remember was us trying to find a way out. Despite being non-binary, I felt like the most vulnerable woman. I was a Muslim person with exposed clothes and tattoos, I was one of the perfect candidates to be caught.

We saw Black Maria’s (large police trucks) and white vans (religious officers) passing by, so we had to change our path a lot of times. Two of my friends led the way because my trans friend and I were most at risk. We tried to book a ride but had to cancel multiple times due to the long waiting time from the traffic. It took us an hour to find a ride, and even back at home, I didn't feel safe. I didn't feel safe for a long time after that.

ANDI: I received a phone call from a co-worker who was inside the building at the time. He was informing me of the raid and the presence of police officers. He was wondering what he should do and what he should tell the others. I gave him some legal information over the phone, and we remained in communications all night until things settled.

We began coordinating and mobilising lawyers to arrive at the premises as soon as possible, and I quickly made my way towards where the raid was happening. As we drove, messages from LGBTQI people and activists began to arrive. 

With the support of other activists, I went up to where the party was being held to see what was going on. I saw event attendees being instructed to line up and cooperate. I asked the police if they had warrants to enter the property, but they did not.

The lawyers we contacted arrived a few moments later. Despite their attempts to speak with the police officers, they couldn’t get answers. After about two hours, those who had been arrested were paraded to the Black Maria (the police big truck). A few were taken to the nearest police station and the rest were sent to the Kuala Lumpur Islamic Department Office (JAWI).

Because people were arrested and investigated under Shariah Offences, only Muslims living in the Federal Territory of Kuala Lumpur are permitted to bail out those arrested so I volunteered.

How did Legal Dignity and the wider community support you and others following the incident?

YAYA: Internally amongst the activists, we gathered to come up with strategies in terms of legal, monetary, mental health support and raise awareness to the public.

ANDI: We continued to support all suspects by creating a WhatsApp group for easier communications about additional support and in case they had legal or procedural questions to clarify. We also provided comments, issued a joint statement, responded to media inquiries, and other opportunities to share our legal knowledge about people's rights. 

How did this support help and how are you doing now?

YAYA: Talking with the others that were affected really helped, despite having to relive the trauma. Other than that, I was disappointed with myself. I don't even know if I can even call myself a human rights defender. I was drunk, I was unprepared. People needed help, and I was running away. I was so scared. 

I learned a lot not just from that experience, but from the meetings with the rest of the folks in the business. Not only did I learn more about my rights, but I vow to educate the community of theirs as well. Legal Dignity created a survey on the queer community's knowledge on their access to justice around the same time the raid happened. 

We received 300+ responses, and it's heartbreaking. A lot of folks don't know their basic fundamental rights, or even what to do if they get called by the authorities. If they're not privileged with money and lawyer friends, they won't know who to call and would simply resort to paying off bribes or plead guilty.

I'm doing okay now, I'm still frustrated, still angry. but at least now I know better and I'm ready.