KUALA LUMPUR: A Malaysia lawyer lashed out at the country's Deputy Minister to the Prime Minister Mashitah Ibrahim over comments last week stating that the lesbian, gay, bisexual and transgender (LGBT) community is not protected under the constitution. Lawyer Syahredzan Johan argued in comments published by the International LGBT Association (ILGA) that the minister's reading of the constitution is narrow and misleading. Johan said: “Article 8(1) is clear – it mentions all persons are equal before the law and should have equal protection of the law, regardless of his race, religion, creed, gender or sexual orientation. So the word ‘gender' in Article 8(2) should be read to also mean ‘sexual preference or sexuality.” The constitution of Malaysia was ratified in 1957 after independence from Britain. Article 8 is concerned with equality. Another commentator and scientist Hwa Shi-Hsia added to the debate, saying, “when you look at a document like the constitution which was written at a point in historical time but is used to guide our lives today, you have to look at its spirit as well as the letter. “The key point is not to nitpick over the exact definition of gender. The key point is: No discrimination allowed,” Hwa added. Mashitah said that Article 8 of the constitution, which talks about equality, has never been interpreted to mean sexual preference and only applies to gender. “Article 8 of the Federal Constitution says there must be no discrimination of citizens in terms of religion or sex. ‘Sex' has never been interpreted to mean sexual orientation; it has always been interpreted to mean either male or female, and they are [the only ones] protected by the constitution," said Ibrahim. Clause 1 of Article 8 states that “all persons are equal before the law and entitled to the equal protection of the law". Clause 2 states that “there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth or gender." She said this in reply to a supplementary question from Ngeh Khoo Ham (DAP-Beruas) during question time this morning. Ngeh had asked whether it was right for the government to respond to the LGBT issue based on religious doctrine. The deputy minister had earlier said that the government is serious in tackling the issue of LGBT as it went against the constitution of the country, which states that Islam is the official federal religion. She said that through the many government initiatives, including rehabilitation and other programs, “many have returned to the path," an idea that has LGBT activists angered. “We see that LGBT happens following what is happening in Europe. It is not only individual but a movement. They are being mobilized to come out, as if they have been oppressed, on the excuse that their human rights have been taken away," she added. The LGBT community in Malaysia has repeatedly told Bikyamasr.com that they fear for their safety often after repeated government attempts to curtail their basic rights. One activist and lesbian told Bikyamasr.com recently that “while society is becoming more tolerant to gay people, the government is doing the opposite."
