This guide aims to help LGBTIQ voters in Malaysia understand their rights concerning elections and what can they do if they face discrimination at the polling centres or in online spaces.
Yes. LGBTIQ+ people’s right to vote and their political participation is safeguarded under the Federal Constitution and international human rights law.
Article 119 of the Federal Constitution states that every citizen who is 18 years is qualified to vote in the constituency they reside in, and in any election for the state assembly or the Parliament.
The right to vote falls under on the right to political and public participation. This right includes:
Everyone has the right to take part in the government of their country, directly or through freely chosen representatives.
Everyone has the right to equal access to public service in his country.
The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections
The are linked with the following human rights:
the right to freedom from discrimination; (guaranteed under Article 8 (1) & (2) of the Federal Constitution)
the right to freedom of opinion and expression; (guaranteed under Article 10 (1) of the Federal Constitution)
the right to freedom of association and peaceful assembly; (guaranteed under Article 10 (1) of the Federal Constitution)
Do LGBTQ+ people participate in elections?
Yes, many do exercise their right to vote. But, LGBTIQ+ people as voters are disenfranchised. Firstly, research shows among others. Secondly, they are not collectively voting by measuring the position of political candidates and parties on LGBTIQ-related issues or as a voting bloc.
LGBTIQ+ people’s political participation is often limited to voting. In the past, people who are or are perceived as lesbian, gay, bisexual, trans, intersex and queer people are or faced obstruction, challenges and lack of cooperation in carrying out their work.
What are the barriers faced by LGBTQ+ persons in participating in elections and democratic processes?
In Malaysia, LGBTQ+ people are left out of the democratic process due to, among others, the overwhelming anti-LGBTQ sentiments by politicians. This coupled with the lack of positive changes in the lives of LGBTIQ people despite voting in the elections increases disillusionment and loss of interest among LGBTIQ voters. Instead, many opt to migrate or seek asylum. A with 220 persons shows anti-LGBT narratives 38.6% thought of or made plans to migrate or seek asylum.
Similarly, 72 of the 100 trans and intersex respondents from Kuala Lumpur and Selangor who participated in reported that they have thought of migrating to be in countries with open and better protection for trans people, where they can change their gender markers in legal documents, have access to trans healthcare services, express themselves without hesitation, among others
What are the barriers faced by trans and gender-diverse people?
The non-recognition of trans and gender-diverse people & their inability to change their name and gender marker on their identification card (IC) adds additional barriers for trans people to participate in elections and politics.
This results in some feeling hesitant to vote as they will be forced to reveal their gender identity to the election officers, and potentially others at the polling centre, as the name in the electoral rolls appear as per name and gender marker as per identification card (IC).
The risk of discrimination, humiliating and degrading treatment due to lack of legal gender recognition is a significant barrier for trans and gender diverse in participating in public and political spaces. During the covid-19 vaccination drive, some trans people were secretly filmed and outed on social media platforms by online users when their names were called out by staff at the vaccination centres. As such, some fear the risk of facing discrimination and harassment at the polling centre and in online spaces.
Can I be denied the right to vote because I am a trans, non-binary, gender non-conforming or gender diverse person?
No, you cannot be denied the right to vote based on your gender. That would be a violation of your right under Articles 8 (1) & (2) of the Federal Constitution. It also violates Article 119 of the Federal Constitution.
However, the if there's a difference between the photo on your IC and your appearance in real life. Based on our limited information gathering, not all trans people were asked to fill out Form 11.
What do I do if I face discrimination by election officers because I am a trans, non-binary or queer person?
It is always important to document or remember important details of discriminatory incidents. For example, the name of the officer, the time of the incident, etc.
You have several options Inform other friendly-looking election monitors at the polling centre Based on the details that you remember, you could
What do I do if I face discrimination by other voters because I am a trans, non-binary or queer person? For example, what if they record me and put it up on Tik Tok? Or, harass me?
It is important to note that the . If you face harassment or violation of privacy, there are several things that you could do
Report or inform the monitors and election officers about the incident, whether it is harassment or aggression,
Under what circumstances could I be denied the right to vote?
You can be denied from voting under four circumstances
If you refuse show them your index finger
Who else faces barriers when it comes to voting?
concerning voting. Blind and visually impaired persons have to rely on third parties to cast their votes, as the ballot sheets are not available in braille. Blind and visually impaired persons are encouraged to be accompanied by a trusted person who will be able to support them in casting their vote.
Persons who are blind or visually impaired will be required to fill out Form 10, a consent form to allow a trusted person to assist them in casting their vote.
Resources
For more information about the 15th Malaysian general election, check out these useful guides
GE15 by kini news
Form 11 & 10 by the Election Commission (EC)
How do LGBTIQ+ people in Malaysia feel about politics in Malaysia?
Political parties & coalitions' positions on LGBTIQ+ issues & rights
which shall be by
universal and equal suffrage
and shall be held by
secret vote
or by equivalent
free voting procedures.
the right to freedom of movement (guaranteed under Article 9 of the Federal Constitution)
Aside inclusion of anti-LGBT sentiments in Perikatan Nasional’s (PN) political campaign, Justice for Sisters’ through its election monitoring found the use of intimidation tactics by PN during nomination day. In a video on Tik Tok, which has since been removed, PN supporters are seen shouting and chanting ‘hapus LGBT’ at Pakatan Harapan supporters across the road. This may also raise safety concerns.
The lack of legal gender recognition is a barrier for trans and gender-diverse people to participate in the election and democratic processes.
In countries that allow legal gender recognition (LGR), the LGR acts aside from outlining criteria and processes to change a person’s name and gender marker, they also ensure broader protection of privacy, among other rights, including by ensuring automatic change of details across all state records. For example, in New Zealand, the Electoral Commission will be automatically notified following changes of details in legal documents.
Lodge a police report depending on the severity of the situation
Share your experiences with PEMANTAU, an election monitoring website by Bersih for their GE15 monitoring report
Justice for Sisters is monitoring election offences and LGBTphobia during this election together with other groups. We are interested in documenting your experiences, discussing your redress options and directing you to support services depending on your needs. Email us at justiceforsisters@protonmail.com and DM us at @justice_sisters
Lodge a police report
Share your experiences via Pemantau, an election monitoring website by Bersih.
In the context of harassment on social media, you could
Report the video to the social media platform. You could also access support from Access Now’s helpline
Report to the Malaysian Multimedia and Communication Commission (MCMC) or lodge a police report against the account holder for harassment and violation of privacy, causing a threat to your safety and well-being, targeting you with discriminatory or prejudicial intent to publicly shame and humiliate you
You could also share your experiences with Justice for Sisters. We are interested in documenting LGBTIQ+ people’s experiences at the polling centres and the General Elections to help us improve and make election processes safer and more inclusive for LGBTIQ+ persons. Email us at justiceforsisters@protonmail.com and DM us at @justice_sisters
If you refuse to be inked
If your index finger is already inked
If it appears that you have already voted in the electoral roll. This occurrence is known as ghost voting. It is an election offence.
The election officer should fill out Form 10a. You could get a copy of the form for yourself. You could use the 10A Form to file an election petition after the election.
