In June 2011, the United Nations Human Rights Council (UNHRC) passed a resolution to document discriminatory laws, practices and acts of violence based on sexual orientation and gender identity. It also mooted a program to study how to end human rights violations based on sexual orientation and gender identity.
If Malaysia had taken this resolution seriously, Aleesha Farhana might still be alive. After all, Malaysia was re-elected to the UNHRC on June 19, 2008 and would serve a three-year term which ends in 2013.
There is a common belief that the severe depression suffered by Aleesha following the court’s dismissal of her application to change her name and gender in her identity card resulted in her death.
The ruling is inconsistent with a 2005-precedence where Justice James Foong ruled in favor of a mak nyah, who had made the same application.
This is discrimination and a transgression of the Federal Constitution which states that no person shall be deprived of his/her life or personal liberty.
As a member of the UN Human Rights Council, Malaysia has pledged to uphold the highest standards in the promotion and protection of human rights.
In reality, Malaysia refuses to grant equality and legal recognition to all transgender people in the country.
Islamists nations like Iran and Egypt allow and conduct sex reassignment surgeries. This medical procedure is also practiced in Thailand and India while the transgender community is recognized as the third gender in Nepal and Pakistan.
Malaysia’s continued refusal to recognize the transgender people only serves to thrust them into a hostile environment where they are bullied, physically and sexually assaulted and mentally tortured.
They are also denied access to health services, employment, education and housing which are rights and privileges enjoyed by Malaysians.
The local media organizations too persecute this vulnerable community and their reporting is echoed by ruling politicians who have no qualms about fox-trotting with whatever that comes to their minds.
Instead of spewing out comments of no consequence, the government must allow for consultation with the transgender community to include their aspirations and ensure that their issues could be taken into account.
It must repeal all laws which criminalize the transgender community and instead allow for national registration in accordance to that which is identified by the transgender people.
Only this would pave the way for legal remedies, public services and domestic policies which would be in line with citizens articulating the way they want to be defined and identified.
Charles Santiago
Member of Parliament, Klang
