Question

First discuss what are transgender people?

Which NGOs? Explain NGOs’ definition and the NGOs’ that is advocating with a short background?

You now need to give a short introduction of the NGOs working on transgender rights in Malaysia. Then you need to explain the alleged abuses of transgender people in Malaysia by providing two case studies.

Answer 1

Answer :

Transgender people have a gender identity or gender expression that differs from the sex that they were assigned at birth. Some transgender people who desire medical assistance to transition from one sex to another identify as transsexual. Transgender, often shortened as trans, is also an umbrella term. In addition to including people whose gender identity is the opposite of their assigned sex (trans men and trans women), it may include people who are not exclusively masculine or feminine (people who are non-binary or genderqueer, including bigender, pangender, genderfluid, or agender). Other definitions of transgender also include people who belong to a third gender, or else conceptualize transgender people as a third gender. The term transgender may be defined very broadly to include cross-dressers.

Being transgender is independent of sexual orientation. Transgender people may identify as heterosexual, homosexual, bisexual, asexual, or may decline to label their sexual orientation. The term transgender is also distinguished from intersex, a term that describes people born with physical sex characteristics "that do not fit typical binary notions of male or female bodies". The opposite of transgender is cisgender, which describes persons whose gender identity or expression matches their assigned sex.

The degree to which individuals feel genuine, authentic, and comfortable within their external appearance and accept their genuine identity has been called transgender congruence. Many transgender people experience gender dysphoria, and some seek medical treatments such as hormone replacement therapy, sex reassignment surgery, or psychotherapy. Not all transgender people desire these treatments, and some cannot undergo them for financial or medical reasons. Many transgender people face discrimination in the workplace and in accessing public accommodations and healthcare. In many places, they are not legally protected from discrimination.

LGBT ORGANIZATIONS MALAYSIA:

PERTUBUHAN PEMBANGUNAN KEBAJIKAN DAN PERSEKITARAN POSITIF MALAYSIA (SEED) IS A NON-PROFIT, COMMUNITY-LED NON-GOVERNMENTAL ORGANIZATION RUN BY THE COMMUNITY FOR THE COMMUNITY.

Alleged abuses of transgender people in Malaysia:

Case Study 1 :

On June 9, 2014, officials from the Islamic Religious Department in the Malaysian state of Negeri Sembilan raided a wedding party being held in the yard of a private home. They rounded up and arrested 17 invited guests, including the wedding planners and a child. The Religious Department officials beat at least one person during the arrests, choking her and kicking her to the ground. They tore another guest’s clothing. Later that day, a state Sharia (Islamic law) court convicted all 16 of the adults who had been arrested and sentenced them to seven days in prison and a fine.

What criminal offense had the wedding guests committed?

Their “crime” was dressing in women’s clothing. These guests were transgender women, arrested under a state Sharia law that criminalizes “a man posing as a woman.” They were taken to prison and placed in a segregated cell in the male prison block, where they had their heads shaved. The judge at the Sharia court humiliated them, telling them they looked more “handsome” with shaved heads. After serving their sentences, they were released, having become the latest casualty of state-sponsored discrimination on the basis of gender identity.

Although transgender people historically enjoyed a high degree of acceptance in Malaysia, a series of legislative initiatives, beginning in the 1980s, have criminalized them and forced them further underground. Under these discriminatory laws, transgender people—individuals whose gender identity differs from the sex assigned to them at birth—can be arrested simply for wearing clothing deemed not to pertain to their assigned sex. A constitutional challenge to the state laws in Negeri Sembilan is currently underway, with a ruling expected on November 7, 2014. The ruling, while only binding in Negeri Sembilan, has the potential to fundamentally alter the legal status of transgender people throughout Malaysia.

Case Study 2 :

KUALA LUMPUR, Nov 21 — A trans rights group urged the government to tackle increasing discrimination and violence against the Malaysian transgender community. Justice for Sisters pointed out that at least four murders of trans women were reported between November 2018 and October 2019. “Calling the government to engage transgender human rights groups, address the escalating hateful speech against trans and gender diverse persons, train and raise awareness regarding transgender persons and gender identities among all government staff using rights and evidence-based approach, and take meaningful measures to end all forms of discrimination against trans people,” the organisation said in a statement commemorating Transgender Day of Remembrance (TDOR) yesterday.

“In Malaysia, at least four cases of murder of trans women were reported between November 2018 and October 2019. “Between 2017 and 2019 alone, at least nine cases of murders have been reported. This makes up 47 per cent of the total 19 cases that have been recorded between 2007 and October 2019 (13 years),” the group added. The group further said that the increasing violence against the community also correlates with the increasing transphobia and discrimination against trans people in Malaysia, which remains unaddressed. “This is further exacerbated by discriminatory laws, policies and state-funded programmes that reinforce exclusion, misinformation and impunity in relation to violence and discrimination against trans people. “Case in point, a recent media report on Astro Awani of a murder of a transgender man in the United States. Online users, among others, applauded the perpetrator of killing the transgender man, some going as far as to encourage similar acts of violence against LGBT (lesbian, bisexual and transgender) persons in Malaysia,” said Justice for Sisters.

Moreover, the group also highlighted a number of trend and issues faced by the transgender community in Malaysia. They alleged that the police are quick to dismiss the element of hate crime in these cases despite the brutal violence experienced by the victim. “The lack of gender-sensitive and a rights-based approach in analysing the crimes does not allow the police and the government to understand the trend of violence and increased vulnerability experienced by trans people, and design adequate and meaningful response to address violence against trans people.”

Speaking on victim blaming, the group added that perpetrators often accused victims of soliciting sex, theft or other reasons that reinforce prejudice towards trans women, resulting in a lack of justice for these women. “Family members can be a barrier in seeking justice for the murdered trans women. In some cases, family members do not wish to seek justice due to the stigma towards trans people.” The organisation also demanded that the media give continuous attention on these cases and not only limit coverage to the initial reporting of the murder.