On April 23, 2016, deputy inspector-general of police (DIGP) Noor Rashid Ibrahim was reported to say that any persons who are openly lesbian, gay, bisexual or transgender (LGBT) will not be admitted into the police force even if they qualify as such sexualities are not accepted in Malaysia (statement’). This statement is similar to the ‘Don’t Ask, Don’t Tell’ policy as issued by the United States.

I am deeply disappointed and worried over the statement by the deputy IGP. It is unclear whether the above restriction is currently, or will be, enforced as a mere policy practice, as a written prohibition in a directive or otherwise.

It appears that the current police recruitment process is conducted via the Public Services Commission of Malaysia (PSC). A perusal on PSC’s website on the eligibility as a police officer does not stipulate any prohibitions to persons who are openly LGBT. The Frequently Asked Questions (FAQ) at the official website of Royal Malaysian Police are also absent of such a written prohibition.

Nonetheless, it is obvious that the statement is discriminatory and unwarranted. To determine whether such discrimination is warranted, one needs to pass the classification test. Simply, whether LGBT groups warrants differentiation from the rest of the community in the police force.

There are two (2) limbs to the test, namely:-

(a) the differentiation shall be founded on an intelligible differentia distinguishing between persons that are grouped together from others who are left out of the group; and

(b) the differentia selected must have a rational relation to the object sought to be achieved by the law in question.

To distinguish LGBT groups from the non-LGBT groups, the difference shall be capable of being understood and justified. It is my view that the difference shall be made based on the required skill, knowledge and performance of a person and not based on their sexualities or gender identity.

It is understood that the duties of a police officer is to enforce and execute the law and orders as laid down in Section 20 of the Police Act 1967. It is absurd to presume or think that LGBT groups are incapable of performing such duties. Even it is worrying to state that one’s sexual orientation, gender identity and expression (SOGIE) may affect the duties of a police officer.

Further, the preliminary objectives sought by the Police Act 1957 are, among others, for the maintenance of law and order and the preservation of the peace and security of Malaysia. How can the DIGP thinks that by publicly discriminating against LGBT will serve and has any rational relations to these objectives?

SOGIE is a personal matter

I believe sexual orientation and gender identity and expression (SOGIE) is a personal matter to be given full autonomy by the persons themselves. The right to expression as a LGBT person is an inalienable right that one cannot take away under the reason that sexualities of LGBT or ‘LGBT culture’ is not accepted in Malaysia. It must be clear that the LGBT is not a culture at all! It is a human being.

This statement undoubtedly will cause grave discomfort and inconvenience to the closeted LGBT police officers. Worse, this statement also enhances the existing discrimination and prejudice against the LGBT community.

Therefore, I urge the deputy IGP to reconsider the position taken into account of the above and appeal to the Royal Malaysia Police to issue LGBT friendly policies, such as practicing nondiscrimination and equality policy within the police force, engage with the LGBT police officers to further understand their issues, organise talks with LGBT persons who express career interests in the police force, instead of shunning them away into non-existence.

Public discussion on the challenges faced by LGBT police officers shall also be welcomed.

PS: Heartfelt thanks to Justice for Sisters and Marina Mahathir for their enlightening views on the topic.