CHAPTER 3 - REPORT OF THE LAW REFORM AND INTERNATIONAL TREATIES WORKING GROUP
(iii) Section 16B(3B), so that students are represented by a legal practitioner of their own choice in
proceedings brought against them, and that they are not limited to representation by employees
or students of the university as currently provided
In June, the Attorney-General’s Chambers invited the Commission to present its findings
and recommendations. The Attorney-General’s Chambers agreed to look into some of the
recommendations to ensure that students are not deprived of their rights.
The Commission welcomes the decision of the Court of Appeal on 31 October, in Muhammad Hilman
bin Idham, Woon King Chai, Muhammad Ismail bin Aminuddin and Azlin Shafina binti Mohama
Adza v Kerajaan Malaysia, Menteri Pengajian Tinggi and Universiti Kebangsaan Malaysia, which held
Section 15(5) (a) of the UUCA to be unconstitutional and a violation of the freedom of expression.
The Commission urges the Government to reconsider its plan to appeal the decision.
The Commission also welcomes the move by the MoHE in December to hold its first consultation
on controversial provisions of the UUCA, to obtain the views of student representatives and other
stakeholders, including the Commission, in considering appropriate action. The Commission hopes
this will lead to students attaining more rights and freedoms.
8. RIGHTS OF THE SEXUAL MINORITIES
(a) Meeting with Non-Muslim Groups
A meeting was held in February with representatives of non-Muslim groups to discuss the rights of
the sexual minorities, following a similar meeting with representatives of Muslim organisations in
2010. Representatives of Christian and the Hindu groups explained their perspective of the sexual
minorities. They also expressed concern about growing hatred of the sexual minorities, highlighting
death threats against a man who had come out about his sexuality on Youtube.
The Commission observed that the Christian group based its opinions
on the principle of love as emphasised by the Bible. According to the
group, this principle is extended to the sexual minorities; therefore any
violation of their rights is not acceptable. The Hindu group presented
its views based on the Hindu scripture as well as the social context.
It said some activities of the sexual minorities, such as cross-dressing,
are not prohibited because the religion recognises gender diversity;
for example, some Hindu deities are manifested in both the female
and male form. In the social context however, certain acts, such as
sexual intercourse between those of the same sex, are not acceptable
as these are linked to bad karma.
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The Commission
stands firm that all
people, regardless
of their sexual
orientation should
be able to enjoy the
full range of human
rights without
exception.