CIJ calls for just probe into PSM members over LGBTQ+ event

Summary

• The CIJ has called for an impartial investigation into two PSM members regarding an LGBTQ+ workshop that courted conservative backlash.

• The press group reminds authorities that freedom of expression and equality before the law are enshrined in the Federal Constitution.

• It adds that the investigation is being conducted under legal provisions that are increasingly being weaponised to serve archaic values and political expediency.

The Centre for Independent Journalism (CIJ) has today called for an impartial probe into two PSM members who were summoned for police questioning concerning an LGBTQ+ workshop organised by the party’s youth wing.

In a statement today, CIJ executive director Wathshlah Naidu said that the group stands in solidarity with PSM as they face “unwarranted investigation” for organising an event creating a safe space for members of the LGBTQ+ community.

“We acknowledge the duty of the police to investigate when there are police reports lodged. Nonetheless, we would like to remind the authorities to stand by the central tenet of upholding freedom of expression and assembly that is enshrined in Article 10 of the Federal Constitution.

“Despite several actors opposing this event on the grounds of moral and religious values of Malaysia, CIJ notes that freedom of expression, which includes the expression of identity, is guaranteed in our nation’s highest legal framework, reflecting the values of Malaysia,” Wathshlah (above) said.

She reminded authorities that Articles 5 and 8(2) of the Federal Constitution protect individuals’ liberty and guarantee equality before the law, including non-discrimination based on gender, respectively.

“As such, we call for this investigation to be conducted fairly and without biases, following the international three-part test of necessity, proportionality, and legitimacy.

“These standards must especially be taken into account as this case is being investigated under broad and ambiguous laws - Section 233 of the Communications and Multimedia Act and Section 298A of the Penal Code - as these laws are increasingly being weaponised to serve archaic values and political expediency,” she added.

‘Against public sensitivities’

Earlier, lawyer Rajsurian Pillai confirmed with Malaysiakini that the duo would be providing their statements at the federal police headquarters in Bukit Aman at 2pm today.

He said that the Classified Crimes Investigation Unit under the Criminal Investigation Department is investigating the case.

Selangor police chief Hussein Omar Khan previously confirmed an investigation into the event, which has since been postponed due to safety concerns following fierce backlash from conservative groups.

At the time, Hussein said that the investigation was being conducted under Section 298A of the Penal Code, which criminalises disturbing public tranquillity by insulting or undermining any religion, and Section 233 of the CMA 1998.

He added that the programme was seen as crossing public sensitivities and violating national laws, which do not support any form of LGBTQ+ practices in the country.

He also noted that 21 reports against the event had been lodged by NGOs and the public.

Hate comments

PSM youth chairperson Amanda Shweeta Louis previously said that a statement by Minister in the Prime Minister’s Department (Religious Affairs) Na’im Mokhtar against the planned event had led to increased hateful comments and death threats on PSM’s social media.

On Wednesday (May 28), Na’im said that the government rejects all attempts at normalising LGBTQ+ culture.

He was commenting on PSM Youth’s “Pride Care: Queer Stories and Sexual Health Awareness” programme in conjunction with Pride Month.

Na’im said the organisation of such programmes challenges the moral and religious values of Malaysians, even if it were to be held behind closed doors.

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