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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).

Two term tenure for CM a good proposal

Letter by Carolyn Khor, Assistant to YB Teh Yee Cheu and Communications Chief for Wanita Keadilan dated 4 April 2016

The Speaker of the State Assembly wields great powers bestowed upon him through the state constitution which governs the house. The approval or rejection of a motion lies, ultimately, in the hands of the Speaker, who decides whether or not the matter reaches the State Assembly for debate during sittings.

Last week, YB Teh Yee Cheu, the state assemblyman for Tanjong Bunga submitted a motion to the Speaker’s office and the State Secretariat’s office to limit the Chief Minister’s tenure to two terms, each being not more than 5 years. He reiterated that he was submitting the motion due to public interest and is ready to face consequences from his party, if any. He also cited Thailand, Trinidad and Tobago as having practise two-term limits. Although the Westminster parliamentary system, which the Malaysian parliament is modeled after, has no fixed-term limit, unlike the United States, YB Teh opined that the State Assembly does have the powers to make the change possible. If the State Constitutional committee, which is headed by the Chief Minister agrees to study the matter in detail, have it refined, made into a bill, then debated during the State Assembly, the two-term limit might just be realised.

The Chief Minister, first of all, should not feel threatened by this two-term limit. It is common knowledge, that such gallant proposals are a herculean task, requiring no less than a few years to even a decade for it to be ready. Of course, this will also largely depend on when the incumbent CM is ready to move on to even higher grounds. But, during this time, it will bode well, both for the people of Penang and also the CM to consider the two-term limit, for the following successors. The CM may in fact, leverage on this two-term proposal to recover from his diving popularity among the Penangites given the recent bad publicity. This would, effectively, be like killing two, or even three birds with one stone, much in the way how Penang has the penchant for being the first in most things.

It takes a lot of courage and will-power to convince the authorities to give up their hold on power. Power, like heroin or opium, is intoxicating. As Penangites, we deserve good policies and good governance and this includes curtailing excessive powers given by the people to a selected few, empowering them to be representatives of the people.

Is conscience banned in the State Assembly or does this signal an improper execution of power? In all fairness, important issues that are of public interest should be debated, nonetheless, and the proposal for the two-term limit should be approved too.

Last night, a DAP veteran member held a press conference to condemn YB Teh Yee Cheu for his actions. Futher to that,the veteran club was quoted as saying: “If he continue [sic] to behave like this and used by umno and show no remorse, he should resign as ADUN and quit the party.”

As YB Teh’s assistant, I strongly condemn the actions of the veteran club members as this is out of line. A state representative is elected by the electorates and that is something which should be respected. We should be supportive of the only voice in the state assembly that dares to voice out against the executives. If all we want are yes-men, then we do not need 'UBAH' anymore. ‘Toeing the party line’ does not work if voices of dissent are not allowed.

How unbecoming of all those who step forward to condemn YB Teh without understanding the larger picture. Justice, fairness, good judgment and freedom of speech has been silenced. How different is this administration from BN? We used to condemn BN for the same actions but now the DAP leadership in Penang is no different. We need to save Penang from the grips of autocratic leaders who can no longer differentiate right from wrong.

People ask, “Why not just concentrate toppling BN? Why should we accept someone who seems to go against the state government?”

The answer is simple: If nobody took up the role of speaking out within the coalition, we are subjecting ourselves to dictatorship. Do not shoot the messenger. We should push for freedom of speech. And at what cost? Only our conscience.

The proposal of having a two-term limit is a noble cause. As we all know, Taib Mahmud governed Sarawak for 33 years. This would have been different if someone had dared to propose a two-term limit such as what YB Teh did. Instead of accusing him of being disloyal or a traitor to the party, Penangites should realise that YB Teh's actions are merely as an ombudsman and a defender of public interest. He is simply carrying out his duties as a people's representative.

I am certain that the Speaker would do the right thing by the people of Penang, provided that he does not receive unsolicited advise from people who think that they have a right to decide on everything.

Carolyn Khor
Assistant to YB Teh Yee Cheu
Communications Chief for Wanita Keadilan

Speaking out for the people is a Wakil Rakyat’s job

Link to MSN

Bukit Relau receives due ‘medical attention’ after ‘Botak Protest’ by Teh Yee Cheu. Pressure by the Tanjong Bunga State Assemblyman resulted in new consultants being engaged by the land owner to restore the illegally cleared hill land.

Pakatan Rakyat Penang is exemplary in its execution of democracy in that elected representatives of the people can speak out without fear or favour with regards to the State Government’s actions or inaction. In all aspect, this professionalism to separate party issues and governance is highly beneficial to all. A yes-man would no sooner prove to be detrimental to both the coalition and the public.

Teh Yee Cheu recently shaved his head bald as a protest against the developers of Bukit Relau to restore the barren hill to its previous condition. Six months earlier, General Accomplishment Sdn. Bhd. was fined RM30,000 under Section 70A (1) of the Street, Drainage and Building Act for carrying out illegal earthworks at the site. Even Karpal Singh, the National Chairman of DAP had sounded out his displeasure over the inappropriate clearing of trees.

It was reported today through Chow Kon Yeow, the State Local Government Committee Chairman that General Accomplishment Sdn. Bhd will engage another consultant to help mitigate the illegal land clearing on the hill.

Widely known as the environmentally friendly State Assemblyman who cycles to work, Teh has always stood his ground to question the government on issues relating to public interest. He represents the Tanjong Bunga constituency.

Batu Uban State Assemblyman supportive of Teh’s actions

Dr. Jayabalan, the State Assemblyman for Batu Uban, where Bukit Relau is located, supported Teh’s protest as a ‘symbolic gesture towards the violation of a pristine environment and the manner in which the destruction has been condoned’.

“Despite promises, the mitigation and restoration process has not yet been carried out.

“I wish to reiterate that I support Teh in his actions and that there will be other measures taken to protest the destruction of the hill,” he said in a text message.

In this particular case, the State Government together with the Department of Environment should have taken the matter further to ensure that the landowners keep their promise to rehabilitate the hill. About six acres of land have been cleared and civil society groups have been vocal towards the paltry sum for such a huge area of deforestation.

Carolyn Khor

Enviromental impact

“Massive erosions are found and siltation has formed in the river nearby”, claimed Teh Yee Cheu.

“With only 9 per cent of forest reserves left, more should be done to conserve the hill and to promote sustainable development,” he added.

When asked why he chose the 1^st of January to shave his head, Teh answered that he hoped to start the New Year with a strong message that ‘green living’ should be a priority for all and that in the public’s interest, the State and Federal agencies should step up their efforts to protect the environment.

“I am the people’s representative and I am just doing my job,” he said.

Teh also mentioned that he had raised the issue during the State Assembly seating in June and December 2013, prior to staging the public protest.

Cleaner Greener Penang

Penang’s famous tagline ‘Cleaner, Greener Penang’ is evident that the Penang State Government is serious about protecting the environment. Many Penangites share the same sentiment towards hill degradation and environment lovers are hopeful that the irresponsible parties are given sufficient pressure to replant the trees.

As Bukit Relau is 250 metres above sea level, it should also be rezoned as hill land and unsuitable for development.

State Environment Committee Chairman, Phee Boon Poh was reported in The Sun Daily today as ‘not wanting to comment further’ as the forestry reports had been released in May last year and that he ‘did not want to run down his DAP comrade’.

Phee Boon Poh is right and courteous about promoting a united front. However, it cannot be denied that Teh’s action had prompted the landowners to take immediate remedial steps to rectify the situation of the bald hill. Overall, the Penang State Government should be applauded for putting the people’s interest first. As any good government should know – it was the People’s Power who put them there in the first place.

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.