Friday, September 29, 2023

LGBTQ - What consensus of the Malaysian people? Did Anwar misrepresent to the world? Repeal Section 377B Penal Code - decriminalize consensual sexual acts between man and wife, and consenting adults?

Anwar Ibrahim  recently said that there is a CONSENSUS amongst Malaysians that we do not accept this LGBTQ+ - Did Anwar lie? 

Does Anwar believe that his personal view is the view of ALL Malaysians? Malaysia is not a FEUDAL or 'neo-Feudal" State but a DEMOCRACY -  hence, the people decide - not the Prime Minister and not even the King?

Did Parliament make a CONSENSUS decision? I do not remember when this issue was raised in Parliament - whereby there was a 'consensus decision' - where no single Member of Parliament opposed or abstained. CONSENSUS means everyone agreed...It is not consensus if just one MP objects.

Did Cabinet make a CONSENSUS decision? I do not recall a statement of this 'consensus decision', meaning ALL members of Cabinet agreed.

Was there a REFERENDUM done, where all Malaysians voted for and no Malaysian voted against? I do not think so.

Did ALL the Muslims agree to this? Did all the non-Muslims, Christians, Hindus or Buddhist agree to what Anwar said.

YES - they may all agree > but Mr Prime Minister, you cannot say 'consensus of Malaysians' before even the people of Malaysia considered the issue and decided on it?

Speaking to journalist Christiane Amanpour during an interview segment on CNN aired today, the prime minister was asked on the government's stand on the issue. Anwar said that as prime minister, he has to respect the consensus of Malaysians and that they do not accept public displays of LGBTQ+."The Muslims, non -Muslims, Christians, Hindus or Buddhists, they have a consensus in the country. They do not accept this (LGBTQ+).," he said.

For the record, Malaysians are generally respectful of all persons, irrespective of their sexual preferences...

In school, we had friends who are male but displayed what some say are 'feminine characteristics', who may even show no desire in falling in love or marrying a women >> We did not pass judgment and treated that person with respect and equality.

We know of men, who preferred to dress up like women, using make-up, etc - No problem with most Malaysians.

L - Lesbians - sexually or romantically attracted to people of one's own sex- women

G- Gay - sexually or romantically attracted to people of one's own sex -male

B- Bi-Sexual -  one who is sexually or romantically attracted to both men and women

T - Transgender - transgender people may identify as male or female.Their gender identity does not match the sex they were assigned at birth.

Q - Queer or Questioning > meaning they are still undecided about their sexual identity or preferences

        ***Rough definition only, but it may be more complicated

Should we criminalize or approve/disapprove on the sexual identity or preferences of anyone? NO. 

However, we should criminalize sexual activity done by a person WITHOUT THE CONSENT of the other party

Therefore, Malaysia should really consider REPEALING Section 377B, and maintaining Section 377C

377B  Punishment for committing carnal intercourse against the order of nature

 Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be punished with whipping.

377C  Committing carnal intercourse against the order of nature without consent, etc.

Whoever voluntarily commits carnal intercourse against the order of nature on another person without the consent, or against the will, of the other person, or by putting the other person in fear of death or hurt to the person or any other person, shall be punished with imprisonment for a term of not less than five years and not more than twenty years, and shall also be punished with whipping.

Section 377A also need to be repealed or amended, as the definition now means that even married couples will commit the offence if the male partner inserts his penis into the anus or mouth of his wife. A survey today may find that many legally married couples do in their physical sexual practice the introduction of the penis into the anus or mouth of the other person

Sodomy, according to the Cambridge dictionary means the sexual act of putting the penis into another person's anus

Hence, it is wrong to believe that sodomy happens only between a 2-male couple, as sodomy can also happen in sexual relations between man and wife. 

So, if the wife reports, that her husband sodomized her, or put his penis into her mouth, then the husband can be arrested and charged for an offence under Section 377B -  imprisonment for a term which may extend to twenty years, and shall also be punished with whipping. What couples do willingly, where both consent should not be a criminal offence in the Penal Code. (This law is archaic, and was enacted when the Church did not approve of such practices - BUT today, things have changed, and as such what is against the order of nature should be re-considered. No more is SEX only for procreation, but it is also for pleasure)

377A  Carnal intercourse against the order of nature

Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature.

Explanation - Penetration is sufficient to constitute the sexual connection necessary to the offence described in this section.

LGBTQI+  are matters concerning gender identity and sexual preferences...So long, as physical sexual relations happen between consenting adults in private, Malaysia should not criminalize it > and remove it as crimes in Malaysia.

Interestingly, in 1993, when groups in Malaysia sat down and developed the Malaysian Charter on Human Rights, the issue of gay and lesbian rights was raised, and it was finally agreed by all to include sexual identity...

Article 8 - Equality and Non-Discrimination


1. All persons are born free and equal in dignity and rights.

2. There shall be no discrimination in the rights and privileges of persons based on their ethnic origin, class, social status, age, sex, mental and physical being, language, religious belief, sexual identity or political conviction.

3. There shall be a more just distribution of wealth, power and opportunities without distinctions based on ethnic origin, age, sex, mental and physical being, language, religious belief, sexual identity or political conviction., The government and private sector should formulate and implement policies to achieve this end.

Article 9 - Equal access to basic needs

1. All persons. are entitled, irrespective of ethnic origin, age, sex, mental and physical being, language, religious belief, sexual identity or political conviction to sufficient food, clothing, shelter, education, energy, water, medical care, social services, information, public amenities and a clean and safe environment to maintain a standard of living adequate for the dignity, health and well-being of the person, the family and the community.

2. Everyone has the right to live and die with dignity and to social protection against unemployment, sickness, disability, old age, death or abandonment in circumstances beyond the person's control.

Below is the list of groups that endorsed this Human Rights Charter. After the Charter was finalized, groups were asked to take it back to their respective groups, and decide whether they will endorse the Charter or not, and if so send in a formal written endorsement, and the groups that did are as stated.

  1. Alaigal
  2. Aliran Kesedaran Negara (ALIRAN)
  3. All Malaysian Estate Staff Union (AMESU)
  4. All Women's Action Society (AWAM)
  5. Amnesty Malaysia
  6. Centre for Community Studies (Pusat Kaiian Masyarakat)
  7. Congress of Unions of Employees in the Public and Civil Services (CUEPACS)
  8. Consumer Associadon of Sabah (CASH)
  9. Center for Orang Asli Concems (COAC)
  10. Consumer Association of Taiping (CAT)
  11. Democratic Action Party (DAP) Malaysia
  12. Dignity and Services
  13. Environmental Protection Society of Malaysia (EPSM)
  14. ERA Consumer
  15. Federation of Malaysian Consumer Association (FOMCA)
  16. Federation of Textile-Garment Workers Union
  17. Harris Solid-State (M) Sdn. Bhd. Workers Union
  18. Institute for Community Education, Sarawak (IPK)
  19. Electrical Industries Workers Union (EIWU)
  20. Malaysian Trade Union Congress (MTUC)
  21. Metal Industry Employees Union (MIEU)
  22. Muslim Youth Movement of Malaysia (ABIM) Angkatan Belia Islam Malaysia
  23. National Civil Rights Committee
  24. National Human Rights Society of Malaysia (Persatuan HAKAM)
  25. National Union of Bank Employees (NUBE)
  26. National Union of Employees in Companies Manufacturing Rubber Products (NUECMRP)
  27. National Union of Malaysian Muslim Students (PKPIM)
  28. Pahang Association of Consumers (PAC)
  29. Parti Melayu Semangat 46 Malaysia
  30. Parti Rakyat Malaysia [Selangor/Kuala Lumpur Division] (PRM)
  31. Partners of Community Organisations, Sabah (PACOS)
  32. Penang Organic Farm Club
  33. People Service Organisation (PSO)
  34. Persatuan Sahabat Wanita Selangor [Friends of Women] (PSW)
  35. Sabah NGOs Development Network (SNC)
  36. Sabah Women Action Resource Group (SAWO)
  37. Selangor Chinese Assembly Hall (Youth Section)
  38. Selangor Graduates Society (SGS)
  39. Sisters of Islam
  40. Society for Christian Reflections (SCR)
  41. Suara Rakyat Malaysia (SUARAM)
  42. Tholilaliyin Tholar (Sahabat Pekerja/Friends of Workers)
  43. Tenaganita
  44. Transport Workers Union (TWU)
  45. United Chinese School Committees' Association of Malaysia
  46. United Chinese School Teachers' Association of Malaysia
  47. Women's Development Collective (WDC)
  48. Workers Organisation Malaysia (WOM)
  49. Young Women's Christian Association
  50. Persatuan Pengguna Pahang/Consumer Association of Pahang

 See:-

Malaysian Charter on Human Rights - When Malaysians Decided Themselves...

Piagam Hak Asasi Manusia Malaysia - oleh 50 persatuan, kesatuan sekerja, parti politik.. 

On, the Malaysia's position on LGBTQ, there should really be a REFERENDUM - and until that happens, Prime Minister Anwar Ibrahim must avoid saying there is a CONCENSUS amongst Malaysian on the LGBTQ+ issue.

It is true that Anwar was charged, tried, convicted and sentence of SODOMY - Now, that he has served his sentence, we should move on. Anwar insists that he is innocent - and could that be a reason for his anti-LGBTQ!+ positioning now?

Let us decriminalize sexual identity, preference and activity done in PRIVATE between consenting adults. However sexual activity done without the consent of the other is a SERIOUS CRIME like RAPE - the perpetrator must receive a heavy penalty.


Anwar on Malaysia's stand on LGBTQ+ issue: We have to respect the consensus of the people [NSTTV]

KUALA LUMPUR: Malaysia's ban on publication of content related to lesbian, gay, bisexual, transgender, queer plus (LGBTQ+), such as the recent action on LQBTQ+ Swatch watches, should not be constituted as harassment against the group, says Prime Minister Datuk Seri Anwar Ibrahim.

He said the government has to respect the consensus of the people.

Speaking to journalist Christiane Amanpour during an interview segment on CNN aired today, the prime minister was asked on the government's stand on the issue.

Anwar said that as prime minister, he has to respect the consensus of Malaysians and that they do not accept public displays of LGBTQ+.

"The Muslims, non -Muslims, Christians, Hindus or Buddhists, they have a consensus in the country. They do not accept this (LGBTQ+).," he said.

However, he said while there is a need to exercise some degree of tolerance, harassment has to be avoided.

"The consensus of the people I have to respect. However, this should not be seen as harassment."

In May, the Home Ministry raided 11 Swatch boutiques and confiscated collections featuring rainbow themes that are often associated with the LGBTQ+ community.

In August, the ministry 29 issued an order banning the sale of such watches. The ministry said the ban covers the publication of any collection including boxes, wrappers, accessories or any other related items.

It said the publications were subjected to a ban because they were detrimental to promoting, supporting and normalising the LGBTQ+ movement which is not accepted by the general public in this country.

Amanpour also asked Anwar on the word 'sodomy' that was falsely labeled to him, and that abuse of that nature has to be something he is sensitive of.

Anwar replied in the affirmative.

"I've made it quite clear (that) we need to review and look at the law. It (the law) should not be abused. It should not used, as it was in my case, for political persecution.

"(Nonetheless), we have to respect the general sentiment of Malaysians."

To a question whether Malaysians in a way accepted the don't-ask-don't-tell policy, the prime minister replied: "Not necessarily.

"But, I think we should exercise some tolerance. The issue against the LGBTQ+ is the harassment that we have to avoid." - NST, 23/9/2023

 

 

No comments:

Post a Comment