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Public caning of two women in Terengganu met with outcry from human rights defenders

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The public caning of two women who had attempted to have sexual intercourse in a car in Dungun, a district in the state of Terengganu in Malaysia, has sparked outrage amongst local and international human rights groups.

The caning of the two women, aged 22 and 32, was meted out six times in front of 100 “witnesses” yesterday (3 Sep) at the Kuala Terengganu Syariah High Court.

Deputy Asia Director of international human rights organisation Human Rights Watch Mr Phil Robertson said that “Malaysia should realize that caning is torture, full stop”, and that “no one should be tortured for any reason, and certainly not for loving another adult of the same gender.”

He added: “By publicly caning these two women, Terengganu officials committed an outrageous human rights violation that tarnishes the reputation of Malaysia as a rights-respecting nation.”

“The federal government should take steps now to ensure this is absolutely the last time a person is caned in Malaysia for consensual sexual relations with another adult,” he concluded.

Local women’s rights group, Women’s Aid Organisation (WAO), said it was “appalled and outraged that the authorities have publicly whipped two women for attempting to have same-sex relations”.

The Joint Action Group for Gender Equality (JAG) said that “The court’s decision to whip these two women for musahaqah has led to a public outcry at the national and international levels, damaging Malaysia reputation as a moderate Muslim country.

“It also fuels the widespread belief that Islam is a religion that discriminates against women, and LGBT,” warned the coalition of 13 women’s rights organisations.

The public caning has also received flak from Malaysia’s Members of Parliament.

Rembau MP Mr Khairy Jamaluddin said that although caning is enshrined in the Syariah laws, the public nature of the caning was improper, and that “there are other ways to handle the LGBT issue”. He concluded that “Islam teaches us to look after the dignity of every human being, and that mercy is preferably to punishment.”

Klang MP Charles Santiago said that the government and the public should “stop invading” the privacy of LGBT persons, and that “we need to stop abusing them”.
“We need to grow up as a society and learn to embrace diversity,” he said.

Mr Santiago has also urged the new government to repeal all laws that criminalise homosexuality as soon as possible, as the Pakatan Harapan government was voted in on the premise of inclusivity and progressiveness.

He added that the caning contradicts “the spirit of Malaysia wanting to ratify the Convention Against Torture this year”.

Mr Santiago also made a reference to the violent assault on a transgender woman by eight men last month in Negeri Sembilan as a worrying indication of the proliferation of homophobia and transphobia in the country.

Vice-president of the Malaysian Islamic Party (PAS – Parti Islam Se-Malaysia) Mr Idris Ahmad, however, argued against the backlash, stating that activists should respect the Syariah High Court’s ruling.

Speaking to reporters at the Selangor PAS headquarters on 3 Sep, he said: “These are comments from people who are well-read in terms of the law. They know that the Syariah court only applies to Muslims.

Citing Article 121 of the Federal Constitution, Mr Idris said that Syariah Courts have the jurisdiction to impose sentences on such offences.

He also urged activists to instead direct their protests to the civil courts.

Deputy president of Terengganu Syariah Lawyers Association Mr Fazru Anuar Yusof, however, said that the caning “did not look forceful” and that “proper procedure was followed, in which the caning did not break the skin”.

Chairman of Terengganu Bar Council Mr Sallehudin Harun said that he had “imagined that it would be forceful”.

However, he observed that the caning “went smoothly and did not cause the accused any harm”.

Minister of Islamic Affairs in the Prime Minister’s Department Dr Mujahid Yusof Rawa said that public caning must undergo review.

“The two or three officials present can be considered public. To me, it is a matter of technicality and can be debated,” he said.

The original date of the caning was scheduled to be on 28 Aug, but was moved forward to yesterday (3 Sep).

Previously, Amnesty International Malaysia has called upon the Kuala Terengganu Syariah High Court to drop the sentences altogether instead of postponing it.

The human rights organisation’s interim executive director Ms Gwen Lee said a delay was not adequate given the injustice of the sentencing, according to The Star Online.

“A delay is not enough. Both women must have their sentences quashed immediately and unconditionally to reverse this injustice once and for all,” she said.

Ms Lee added: “If Malaysia is serious about increasing its ratification of international treaties, as it has stated, it must end the use of caning and repeal the laws that impose these torturous punishments completely.”

Besides being caned yesterday, the two women were also sentenced to a fine of RM3,300, or four months’ jail should they fail to pay the fine.

They were charged under Section 30 of the Syariah Criminal Offences Enactment (Takzir) (Terengganu) 2001, which was read together with Section 59(1), for musahaqah, or sexual activity and/or intercourse between women.
The two women did not appeal against their sentence despite being given the opportunity to do so.

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Civil Society

Malaysian ministry raids Swatch boutiques, seizes ‘Pride Collection’ watches over alleged Link to LGBT

The Malaysian Ministry of Home Affairs conducted raids on 11 Swatch watch boutiques, seizing watches from the “Pride Collection” due to their association with the LGBTQ+ community. The raids followed a social media post linking the watches to Coldplay’s support for the community. The CEO of Swatch expressed disappointment, emphasizing that the collection promotes peace and love.

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KUALA LUMPUR, MALAYSIA— The Malaysian Ministry of Home Affairs (KDN) conducted raids on 11 Swatch watch boutiques in multiple states and seized a collection of watches featuring rainbow colors, claiming that they were associated with the lesbian, gay, bisexual, and transgender (LGBT) community.

The confiscated watches were part of Swatch’s “Pride Collection.” The six seized watch designs are titled “Proudly Red”, “Proudly Orange”, “Proudly Yellow”, “Proudly Green”, “Proudly Blue”, and “Proudly Violet”. They sell for RM365 each.

The raids occurred over a two-day period on May 13th and 14th following a social media post that linked the colorful watches to British band Coldplay’s support for the LGBTQ+ community.

The post stated: “No need to wait for Coldplay. Whoever wears the Swatch watch can throw it away now!”

The targeted boutiques were located in Pavilion Kuala Lumpur, One Utama, Sunway Pyramid, Setia City Mall, Mid Valley Megamall, Southkey, Sunway Putra Mall, Sogo KL, Queensbay, Fahrenheit 88, and Suria Sabah.

Additionally, five other boutiques received warnings, namely those at Kuala Terengganu City Centre, AEON Kota Bharu, Aman Central Kedah, City Square, and Viva City Kuching.

During the raid at Swatch’s Mid Valley Megamall store, the officers served a notice stating that 22 watches were seized due to their inclusion of LGBTQ+ symbols.

The notice also mentioned that the collection was in violation of the Printing Presses and Publications Act of 1984. According to the Act, brands that sell items deemed harmful or potentially harmful to morals may face legal consequences.

CEO of the Swatch Group expressed disappointment regarding the confiscations

According to Malaysia media The Edge, Nick Hayek Jr., the CEO of the Swatch Group, expressed surprise and disappointment regarding the confiscations.

“We strongly contest that our collection of watches using rainbow colours and having a message of peace and love could be harmful.”

“We wonder how the home ministry’s enforcement unit will confiscate the many beautiful natural rainbows that are showing up thousand times a year in the sky of Malaysia.”

“Swatch always promotes a positive message of joy in life. This is nothing political,” Hayek stated, while noting that rainbows show up “thousand times a year in the sky of Malaysia”.

Coldplay & LGBT

Recently, Nasrudin Hassan, a committee member of Parti Islam se-Malaysia (PAS), made a call to cancel Coldplay’s upcoming concert in Malaysia.

“Does the government intend to promote a culture of hedonism and deviance in this country? I advise cancelling the performance of this group in Malaysia altogether. It does not bring any benefits to religion, race, and the nation, ” the PAS member wrote in a Faceboo post.

The band is scheduled to perform in Kuala Lumpur in November 2023, and tickets for the concert have already been sold out.

While Malaysia’s Prime Minister, Anwar Ibrahim, initially welcomed the announcement of Coldplay’s concert, issues have also arisen due to scalpers attempting to resell tickets at inflated prices.

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Arts & Culture

Singapore’s Mediacorp defends drama series “Silent Walls” against accusations of harmful gay stereotypes

Mediacorp’s TV drama “Silent Walls” has received criticism from some members of the LGBTQ community for perpetuating harmful gay stereotypes.

The criticism was primarily driven by an article from online LGBTQ+ publication Dear Straight People, which called out the relationship between two characters, citing their “problematic” large age gap as well as reinforcing the harmful stereotype that gay men are predators and groomers.

The storyline was also criticized for implying that gay men are all diseased and promiscuous, suggesting that gay couples will always meet a tragic fate.

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SINGAPORE — Mediacorp, the national broadcaster, has defended its drama series “Silent Walls” against accusations of perpetuating harmful gay stereotypes.

The TV drama, which premiered on Channel 8 on 15 March and is also available on the streaming platform MeWatch, was criticized by some members of the LGBTQ community for its portrayal of a gay couple.

In response to the criticism, Mediacorp released a statement on Wednesday (5 Apr), stating that the storyline in “Silent Walls” “aims to depict the struggles some families may face and seeks to encourage more understanding and acceptance”.

“We would like to assure that we did not set out to depict the LGBTQ (lesbian, gay, bisexual, transgender and queer) community in a negative light or perpetuate any stereotypes,” Mediacorp said.

“Mediacorp appreciates the feedback regarding the drama Silent Walls and will continue to exercise vigilance and mindfulness in our content.”

Article on ‘Dear Straight People’ criticised show for harmful stereotype

The criticism was primarily driven by an article from online LGBTQ+ publication Dear Straight People, which called out the relationship between Kai De (played by Alfred Sun) and Nigel (played by Adam Chen), citing their “problematic” large age gap as well as reinforcing the harmful stereotype that gay men are predators and groomers.

The article criticised that LGBT+ media representation is practically non-existent in Singapore’s mainstream media, and the only time people see gay characters on TV is when they have AIDs.

“The elderly population typically already have distorted views about the gay community. By showcasing these outdated stereotypes on national TV, it only strengthens their antiquated convictions. This makes it even more difficult for parents to reconcile with their queer children.”

“If it’s too much to request for positive LGBT depictions in popular media, then I prefer no representation of LGBTQ+ in mainstream media. No media representation is better than harmful media representation, ” the post wrote.

The storyline of “Silent Walls” was also criticized for implying that gay men are all diseased and promiscuous, suggesting that gay couples will always meet a tragic fate.

The author of the artcle, @mrseanfoo noted that this is not the first time that Mediacorp has come under fire for its portrayal of the LGBTQ+ community.

In 2020, the broadcaster faced criticism for its depiction of a gay paedophile with AIDS in “My Guardian Angels.”

Mediacorp condemned for long stigmatization of gay community

Many netizens have voiced their support for the author’s criticism of the drama’s depiction of the gay community.

One netizen condemned the national TV channel, noting that Mediacorp has long stigmatized the gay community and associated them with specific illnesses.

“Gay characters are either portrayed as harassing people or having AIDS. It’s really unbelievable!”

One netizen commented on Dear Straight People‘s Facebook post, mentioning a previous story set in the 60s that featured a lesbian servant in love with her employer, and both of their lives ended tragically.

A netizen has proposed that politicians should be challenged, and there is no longer any justification for restricting positive portrayals of LGBTQ+ people in the media.

Otto Fong, author of Sir Fong’s Adventures In Science comic series, expressed his disappointment that despite the repeal of Section 377A of the Penal Code,  Mediacorp still portrays gay people negatively:

One netizen argued that the drama’s setting was in the 80s era, which might imply that society still had strong stigmatization towards the LGBTQ+ community. However, Mr. Fong pointed out that Mediacorp has zero positive portrayals of LGBTQ+ people, regardless of the era or setting of their shows.

A netizen has joined the discussion, pointing out that the negative portrayal of LGBTQ+ characters is not limited to just one drama. The netizen noted that a lesbian couple also met a tragic end in another drama, and one of the gay men killed himself.

Under the content code of the Infocomm Media Development Authority (IMDA), all positive and even neutral portrayals of LGBTQ characters are censored on free-to-air TV, and movies are also given a stricter rating if they feature any LGBTQ characters.

Under the Films Act, content which will not be allowed include those with “the promotion of homosexuality” and “excessive depiction of sexual activity between individuals of the same gender”.

This is despite the passing of two Bills by the Singapore Parliament to repeal Section 377A of the Penal Code.

s377A was a law in Singapore that criminalized sex between men. It was inherited from British rule and was preserved by Singapore’s government for decades.

Singapore authorities have always been reluctant to repeal the law.

Prime Minister Lee Hsien Loong once claimed that the legislation had not prevented individuals to whom the legislation might apply from “living”, and does not mean Singapore is hostile towards the LGBTQ community, as s377A “has not stopped Pink Dot from having a gathering every year”.

The Court of Appeal, in 2022, rejected the applications by three individuals on the grounds that the three lacked standing to pursue their constitutional challenges against s377A since they were not actually facing a genuine and plausible risk of prosecution under the law as described by PM Lee.

Although the applications were ultimately dismissed, the judgement by the Court of Appeal increased the likelihood of section 377A being invalidated in Singapore.

This legal risk, which was not due to any shift in the court’s stance on s377A, was a factor that led the People’s Action Party government to repeal the law.

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