The Transgender Day of Remembrance, which falls on Nov 20, is a stark reminder that the community still faces an uphill task of fighting for their rights to live a life free from violence.

The day was set up 17 years ago to raise public awareness about hate crimes against transgender people.

Even in Penang, a state claiming to be more 'progressive' than others, initiatives to form a committee to protect the transgender community from violence have not gained much traction.

Yet, the situation looks more promising than it did several years ago when a DAP assemblyperson mooted the idea of forming a committee under the state government or the state legislative assembly to protect transgender rights.

Tanjung Bungah assemblyperson Teh Yee Cheu said a Transgender Committee - complete with an organisation chart and terms of reference for its members - is now ready to take flight, after a bumpy start .

The only snag is, the committee must fly solo as neither the Penang government nor the state legislative assembly wants the organisation under its wing, due to the apparent sensitivity of the issue.

“We’ve been told clearly that we are on our own so I will take that and will not waste my time anymore (to get it working under the state or Dewan Negeri’s purview),” said Teh.

Bold initiatives

Although some may view the committee as being in limbo, Teh - dubbed the ‘Green YB’ for his environmental activism - describes it as a “new arrow”, which can fly independently and freely, hopefully away from prejudice and discrimination.

“It will be a slow ride, but we will be patient. After all, it took women’s rights group decades to struggle for their cause so we will not give up,” said a confident Teh, the organising secretary of the DAP.

The committee has some bold initiatives in the pipeline.

“One of our targets is the Penang Islamic council and fatwa council, where we hope to lobby the two institutions to release a directive to ask that all transgenders be free from prejudice and violence,” Teh told Malaysiakini.

State executive councillor on Islamic affairs, Abdul Malik Kassim, denies there are cases of violence against the transgender community in Penang but does not reject the idea of a committee formed to protect their rights.

“Malaysia is a free country and anyone can set up a committee to look into their concerns,” said the PKR Batu Maung assemblyperson.

Asked on the committee’s plan to lobby the Penang Islamic council and state fatwa council to issue a directive on ‘No Violence Against Transgenders’, Abdul Malik said, “We have to study the proposal. I am open to what they have to say.”

Focus on safety

Teh is aware of the rocky road ahead due to the sensitivities of the Malaysian society, where the community often faces fierce discrimination, violation of their rights, and unfriendly laws.

Recently, the United Nations Human Rights Office expressed its concern and regret over the Federal Court decision to reinstate Section 66 of the Negeri Sembilan Syariah Criminal Enactment (1992) that criminalises transgender women and subjects them to fines and up to six months’ jail.

Section 66 under the enactment prohibits any male from wearing women’s attire, or posing as a woman, in any public place.

The UN claims that it continues to receive reports of arrests and attacks against transgender people in Malaysia, citing the Kelantan case where nine transgender women were arrested, imprisoned and fined on the basis of their appearance.

This view is also reflected in a 73-page report titled 'I'm Scared to be a Woman', released in September last year by international NGO Human Rights Watch.

The NGO said Malaysia is one of the worst places for transgenders in the world, particularly when compared with other Muslim countries.

Teh said the committee will focus on protection and fair treatment of transgender people in prisons, hospitals, and public toilets, rather than on sexual rights of lesbians, gays, bisexual and transgenders (LGBT), and will work with NGOs specialising in the area.

He has managed to rope in several assemblypersons, including those from Umno to kickstart the committee.

They are Umno assemblypersons Jahara Hamid (Teluk Ayer Tawar), Muhamad Yusof Mohd Noor (Sungai Dua), and Shariful Azhar Othman (Bertam); DAP representatives RSN Rayer (Seri Delima) and Yap Soo Huey (Pulau Tikus); PKR’s Cheah Kah Peng (Kebun Bunga), and PAS’ sole representative Salleh Man (Permatang Pasir).

‘No to violence, discrimination’

Still, without a governing body like the state government, executive council, or legislative assembly, or even enough funding to run its activities, the Transgender Committee may be influential but powerless.

Jahara, who is also state opposition leader, supports this view, asking “how will it move effectively?”.

She said the committee needs funding as awareness programmes must be organised for the public, especially the Muslim community, to understand the committee’s scope of work.

“As Muslims, we do not endorse or encourage cross-dressing or same-sex marriage but we understand there is the concept of ‘khunsa’ (the third sex).

“Although the issue is sensitive to Muslims, we do not condone violence or discrimination against the transgender or any other community,” she said.

Jahara said controversy arises as there is negative perception towards transgender people, as some are perceived to be engaged in vice.

She believes the public needs to be informed about the reasons why some from the transgender community get caught in such situations.

“It’s due to the prejudice and discrimination they face in the job arena. If they can find proper jobs, they will not find themselves in such situations.

“Indeed, some have done well and have contributed much to the society,” she added.

State funding possible

State executive councillor Chong Eng, who oversees youth, community and family development, disagrees that without a governing body, the committee cannot take flight.

She said it was never intended to be under the state government or state legislative assembly, but was meant to act like a caucus or lobbying group - with members from all political parties - to pre-empt any attempt to politicise the highly sensitive issue.

She said this is due to the perception that the DAP, which leads the Penang government, is often viewed as too liberal, although the party has denied promoting vice to Muslims.

“There may be no statute or resources to regulate the committee but it can work, with the determination of its members,” Chong said in an interview.

“We proposed that the committee must work with both sides of the political divide so that the issue of transgender rights will not be politicised, because if certain quarters want to stir it, it can be very, very sensitive,” she added.

“If Teh can get it up and run it with members from all political parties, I can consider (giving approval) if the committee applies to my department for funding,” said DAP’s Padang Lalang lawmaker.

Transgenders not holding their breath for a better Malaysia