Rescind the police imposed ban on the fourth annual Seksualiti Merdeka festival and adopt measures to protect all Malaysians from discrimination, says an international human rights watchdog in a letter to Prime Minister Najib Abdul Razak.

The New York-based Human Rights Watch said the authorities have failed to provide any evidence to justify the ban.

The "sexual diversity" festival, which has been held since 2008 without incident or interference from government authorities, was scheduled to take place in Kuala Lumpur from today till Sunday.

The festival was to consist of talks, workshops, literary events, stage performances and an art exhibition focusing on "the human rights of people of diverse sexual orientation and gender identity."

The police on Nov 3 banned the holding of the festival, on grounds that it constituted a "threat to public order".

The advocacy director of the lesbian, gay, bisexual, and transgender (LGBT) rights programme at Human Rights Watch, Boris Dittrich, said in the letter: "Banning the Seksualiti Merdeka Festival blatantly contradicts Najib's 1Malaysia call to promote unity in diversity in Malaysia and sadly indicates that a discriminatory, homophobic agenda persists within some quarters of the government.

'Reverse this wholly unjustified decision'

"The prime minister should promptly reverse this wholly unjustified decision and minimise the harm to Malaysia's reputation."

Seksualiti Merdeka organisers said they have been subjected to a renewed barrage of harassment and threats of violence by people using mobile phones, text messages and social media since the police announced the ban.

The government should fully investigate these threats and prosecute those responsible to the fullest extent of the law, Human Rights Watch said.

The organisation pointed out that Malaysia's criminal law encouraged discrimination against the nation's LGBT population and has been used to prosecute sexual acts between consenting adults.

"The government refuses to consider repeal of Section 377B of the penal code, which criminalises consensual 'carnal intercourse against the order of nature,' or to replace Section 377C on non-consensual sexual acts with a modern, gender-neutral law on rape," Dittrich said.

The Universal Declaration of Human Rights, he pointed out, affirmed that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedom set forth in the declaration, without distinction of any kind, including the right to freedom of expression and association.

"The Malaysian government's unjustified banning of the festival violates the principle of non-discrimination and freedom of expression and association," Dittrich said.

Malaysia reminded of its pledge on human rights

When Malaysia sought election to the United Nations Human Rights Council in 2010, which it was eventually elected into, the Malaysian government made a commitment to "uphold the highest standards" of human rights and to "fully cooperate" with the council, he said.

Banning the festival contradicted with the council's June 2011 resolution on "Human Rights, Sexual Orientation and Gender Identity", which expresses "grave concern at acts of violence and discrimination, in all regions of the world, committed against individuals because of their sexual orientation and gender identity".

"Unless the ban is reversed, other countries are likely to raise the issue with the council," Dittrich said.

"On Human Rights Day last year, UN Secretary-General Ban Ki-moon called upon all countries to decriminalise same-sex sexual relations between consenting adults.

"Malaysia is long overdue in responding to that and other calls by the international community to end its discriminatory behaviour, and the government should repeal its 'unnatural offences' laws immediately," Dittrich added.