Transgender Symposium: Arrest and Detention

From left: Ms Chinta, ASP Riza, YB Lee Khai Loon, YB Teh Yee Cheu, Zulfakri, Ustaz Khairol

TG Symposium: Arrest and Detention

Transgenders fear harassment during arrest and detention, and a symposium organised by the Transgender Committee set up by the State Assembly of Penang brought both transgenders and the authorities together to discuss the situation. Also involved in the organising of this event was Justice for Sisters, SUARAM Penang and PACA.

Documented stories of how transgenders are being mistreated and ostracised by the authorities are plenty, and there should be policies and guidelines to resolve this issue. State Assemblyman for Tanjong Bunga, YB Teh Yee Cheu requested that the authorities invite a transgender to be present during body checks, to which the police replied that the suggestion will be forwarded to her superiors.

According to the Assistant Superintendant Rizatulmi Haizaran Binti Samat from the police forces’ sexual harassment department, five transgenders were detained so far this year, of which, 3 were foreigners and 2 were Malaysians. Detainees are separated in lock-ups according to their assigned gender registered on their identification cards. Presently, transgender women who are detained by the police are listed under the category known as ‘Mak Nyah’.

“Problems arise when the police need to make body checks,” she said. “Men are frisked by men officers, and women by the women officers.

“However, when a transgender is involved, and especially when sexual reassignment procedures are not complete… for instance, when the top resembles a woman, and the bottom remains a man, then the woman officer will be traumatised,” Riza explained.

The Department of Islamic Affairs in Penang (JAIPP) also gave an overview of the procedures during arrests. Ustaz Khairol Azman revealed that 10 transgenders were arrested this year by JAIPP.

“Our department arrests transgenders based on three criteria of the Syariah Law enacted in 1996. Usually, we act upon receiving complaints, prior observations and investigations.

“Transgenders are arrested if these conditions are fulfilled – that these men are cross-dressing, that they are in a public area, and that they are doing something immoral,” Ustaz Khairol Azman said.

When pressed for a definition of what immoral meant, Ustaz Khairol clarified that carrying condoms was considered as proof. He did mention however, that in Penang, unlike in other states, cross-dressing was not a major offence and that transgenders who are simply going about their daily routine should have nothing to fear.

ASP Riza also gave assured the transgenders that reports made against police officers who ill-treated the community would be taken seriously by the police force.

Both the religious department and police force may only detain their prisoners for up to 24 hours before producing them to the magistrate for further action. The statistics for the number of transgenders detained in 2016 differs from the statistics produced by Ms. Chinta Ardieyana, the president of PACA, an NGO actively involved in transgender rights.

Deputy Enforcer for the Prison Department of Penang, Zulfakri bin Ahmad was also present to brief the audience on the conditions of the Penang Prison. Presently, transgenders are placed separately from the men prisoners.

“This is to ensure the transgenders’ safety,” he said.

This symposium was attended by Penang State Assemblymen YB Teh Yee Cheu and YB Lee Khai Loon, Polis DiRaja Malaysia, Jabatan Hal Ehwal Agama Islam Pulau Pinang, UNAIDS (United Nations), MAC, ATPN and Penang Legal Aid Council (LAC).

Penang State backbencher employs first transgender

Link to MSN news

Seen as yet another first for Penang and perhaps Malaysia, a transgender has been engaged to assist Teh Yee Cheu oversee the transgender community’s welfare, after the proposal was tabled and approved in the State Assembly last week.

Teh who is the Tanjung Bungah representative, heads the panel with the support of both Pakatan Rakyat and Barisan National representatives, including State opposition leader, Jahara Hamid.

The committee, set to be formed within two months, aims to collect data and alleviate the status and social stigma associated with the transgender community. The committee plans to also conduct forums and spread public awareness on the issue.

“…they have rights over their bodies, and have a right to decide what gender they are most comfortable with,” said Teh.

At a press conference today (10/7/13), Teh, who proudly claims to walk the talk, announced that he had engaged transgender Hazreen Shaik Daud as his political secretary.

“I am thankful to YB Teh for giving me the opportunity to work with him,” said Hazreen, a 33 year old diploma holder who speaks fluent Mandarin and English besides the national language. Hazreen is expected to assume duties on July 15 and had previously worked for an NGO known as the Penang Family Health Development.

The demure and pretty ‘lady’ revealed her concerns over employment opportunities available to the transgender.

“Even with qualifications, we are turned down just because of how we look,” she said, adding that she would eventually want to operate her own boutique.

An edict, issued by the Fatwa Committee National Council of Islamic Religious Affairs Malaysia held on 13th December 1989, had declared that sex change was prohibited under the Shariah. According to Chong Eng, facilitator to the committee who also holds the State EXCO portfolio for Youth and Sports, Women, Family and Community Development claims that there are between 10 and 50 thousand transgender persons in Malaysia.

Gender is actually not the issue – it is the segregation of gender that makes gender the issue. Gender in our society have, till recently, been plainly categorized as male and female, and though the transgender community have been seeking legal redress in terms of recognition and status, the struggle against age-old conformities are nothing short of an arduous task.

Among the top agendas of the transgender welfare committee are to seek better accessibility for transgender persons in terms of basic needs like accessibilities to healthcare, employment and to provide equal treatment to persons with gender disagreements at public places such as schools, hospitals and detention centres.

‘Mak Nyahs’ as they are commonly termed refers to a transgender who was born a male but identifies himself more as a woman. Presently, Mak Nyahs or pondans, another derogatory term, have trouble seeking employment, are still scorned at by the society by large and even unaccepted by parents.

‘If my son was a pondan, I would beat him to death’ is the response of many fathers whose sons are considered soft.

In 2011, boys with effeminate tendencies were sent to a four day behavioural camp in Besut, Trengganu in an effort to ‘toughen’ them up.

In contrast, other countries have begun a larger acceptance of the LGBT (Lesbians, Gays, Bisexuals and Transgender) community with even some religious leaders, celebrities and politicians coming out of the closet to proclaim their sexual orientation and preferences.

Take the example of the recently concluded decision of the Washington Supreme Court. Two cases were ruled on the same day in favour of gay marriages and the constitutional rights of same-sex marriages.  The liberal stance of the US court may have an impact on the overall perception and tolerance towards LGBT.

Although Malaysia may still be considerably homophobic and reluctant to address the transgender and LGBT issues, the fact remain that such people exist and should be accorded proper and equal rights. As what the late Neil Armstrong said, this is one small step for man, one giant leap for mankind. Penang has given new hope to the discriminated.