Recommendations

To the Prime Minister of Malaysia

• Publicly disavow a 2012 statement that Malaysia should “fight” against LGBT people, and call on all Malaysians to practice tolerance and non-discrimination on the basis of gender identity and sexual orientation.
• Condemn statements from religious leaders and politicians encouraging incitement to violence or discrimination against transgender and other LGBT people.

To the Government of Malaysia

• In accordance with the Convention on the Rights of the Child, take all appropriate measures, including legislative reform, to prevent discrimination against children on the grounds of sexual orientation and gender identity.
• In accordance with the Convention on the Elimination of All Forms of Discrimination against Women, take affirmative measures to end discrimination against women, including transgender women, on all grounds set forth by the convention, including sexual orientation.

To the Attorney General’s Chambers

• Call for the revision or repeal of all laws, both Sharia and civil, that discriminate on prohibited grounds under international law.

To the Department of Islamic Development (JAKIM)

• Call on all state Religious Departments to repeal provisions in state Sharia laws or regulations that criminalize transgender people.
• Call on all state Religious Departments to end the practice of conducting raids targeting transgender people.
• Denounce statements from religious leaders encouraging incitement to violence or discrimination against transgender and other LGBT people.
• Ensure that HIV outreach efforts to transgender people are conducted in a nonjudgmental and non-stigmatizing manner.
• Cease efforts, through outdoor boot camps or other initiatives, to “convert” transgender people to cisgender.

To the National Registration Department

• Amend the National Registration Guidelines to allow for transgender people to change their names and the sex markers on their identity cards based on their expressed gender identity.

To the State and Federal Territory Islamic Religious Departments

• Cease carrying out raids that target transgender people.
• Investigate allegations of physical and sexual abuse and extortion of transgender people by state Religious Department officials, and take appropriate action to hold such officials accountable.

To the State Legislative Assemblies and the Ministry of Federal Territories

• Repeal provisions of state and federal territory Sharia enactments that criminalize “a man posing as a woman” or “a woman posing as a man.”
• Decriminalize all forms of consensual sex between adults, including same-sex conduct and sex work.

To the State Fatwa Committees

• Repeal fatwas that have been enacted into law in several states (Johor, Kedah, Malacca, and Perak) that prohibit “pengkid” (“tomboys” or tomboy-like behavior).

To the Office of the State Legal Adviser of Negeri Sembilan

• Refrain from appealing a ruling of the Court of Appeal in the transgender women’s case in Negeri Sembilan if the court finds that the applicants suffered discrimination or other violations of their fundamental rights.

To the Royal Malaysia Police

• Cease arrests of transgender women under the “indecent behavior” provision of the Minor Offenses Act (1955).
• Cease police participation in state Islamic Religious Department raids against transgender women.
• Adopt measures to prevent discrimination and other abuses against transgender people who report crimes to police stations and take appropriate disciplinary action against police who commit such abuses.
• Investigate allegations of physical and sexual abuse and extortion of transgender women by state Religious Department officials and police officers, and take appropriate disciplinary or criminal action against officials found to be responsible.
• Do not use possession of condoms as evidence in “indecency” cases under the Minor Offenses Act or prostitution offenses under the penal code.
• In collaboration with transgender human rights defenders, conduct appropriate training and sensitization of police officers on gender identity, and non-discrimination toward transgender people, and international law on sexual orientation and gender identity.

To the Federal Parliament

• Amend article 8(2) of the Constitution to prohibit discrimination on the basis of sexual orientation, gender identity, and gender expression. In the absence of a constitutional amendment, pass legislation prohibiting discrimination on these grounds.
• Ratify the International Covenant on Civil and Political Rights.
• Ratify the International Covenant on Economic, Social and Cultural Rights, which protects against discrimination on gender identity in access to health care, employment and education, among other rights.
• Ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which requires that states protect transgender persons from torture and cruel, inhuman or degrading treatment or punishment.
• Decriminalize all forms of consensual sexual relations between adults, including same-sex conduct (criminalized under section 377A, 377B and 377D of the Penal Code) and sex work (criminalized under section 372B of the Penal Code).
• Amend section 21 of the Minor Offenses Act (1955), which prohibits “any riotous, disorderly or indecent Behavior,” by either removing references to “indecent Behavior” or clarifying what constitutes such behavior and ensuring that it only encompasses acts that may infringe on the rights or safety of others. 
• Amend the Employment Act (1955) to add a provision prohibiting discrimination on the grounds of gender identity or sexual orientation.

To the Human Rights Commission of Malaysia (SUHAKAM)

• Conduct a national inquiry into human rights abuses against transgender people, publish a comprehensive report detailing the results, and urge government action to address these abuses.
• Ensure that annual human rights reports include documentation of abuses on the basis of gender identity or expression and sexual orientation.

To the Ministry of Health

• Conduct appropriate training and sensitization of health personnel, including non-medical staff in public health facilities, on gender identity and non-discrimination toward transgender patients.
• Ensure that training in medical and nursing schools encompasses a module on gender identity and expression that covers medical issues, such as hormone replacement therapy and sex reassignment surgery, as well as non-medical issues, such as stigma and discrimination.
• Conduct off-site HIV testing and basic health screenings for transgender people at locations that they consider safe spaces.
• Establish a National Task Force to address sexual transmission of HIV. Invest more in HIV education and prevention efforts targeting transgender people, including sex workers, and other at-risk populations.
• Support greater public education on condom use, particularly for transgender people, sex workers, and other at-risk populations.

To the Ministry of Human Resources

• Establish a policy prohibiting employers from discriminating in hiring or firing on the basis of gender identity or sexual orientation.

To the Ministry of Communication and Multimedia

• Cease distributing information to the public that denigrates LGBT people.
• Cease collaboration with Religious Department officials and police who misuse the media to document the arrests of transgender women in violation of their due process rights.

To the Prison Department

• When transgender people are imprisoned, determine on a case-by-case basis whether the inmate will be safer housed with men or with women, giving full consideration to the inmate’s own views regarding her or his safety.

To the Judiciary

• In collaboration with transgender human rights defenders, conduct training and sensitization of judges and other court personnel on gender identity, non-discrimination toward transgender people, and international law on sexual orientation and gender identity.

To Multinational Corporations in Malaysia

• Ensure that corporate policies and practices are consistent with the UN Guiding Principles on Business and Human Rights and other relevant business and human rights standards, including by ensuring that corporate policies and practices protect transgender and other LGBT people in all countries of operation, even if not required under local laws.

To the ASEAN Intergovernmental Commission on Human Rights (AICHR)

• Investigate violations of rights of transgender people in Malaysia in accordance with AICHR terms of reference article 4.10 (“to obtain information from ASEAN Member States on the promotion and protection of human rights”), communicate those findings publicly to the Malaysian government, and call upon the government of Malaysia to respond to the commission on alleged violations.
• Amend the ASEAN Human Rights Declaration to explicitly include protection of human rights based on sexual orientation and gender identity.