Some of the respondents had also migrated from other states in Malaysia.
Therefore, the experiences of the transgender persons recorded only represents
a small group of the community.
15.
Due to the sensitive nature and the lack of recognition of their identity, the
absence of official data on the total number of the transgender persons in
Kuala Lumpur and Selangor was expected. Therefore, it was very challenging
for the Commission to ascertain the violation and discrimination of rights faced
by this group and to have access to their experience. Considering this factor,
the Commission had engaged with transgender non-government organisations
to earn trust from the community to encourage them to come forward and
participate in the study as respondents. In this context, the Commission would
like to record its appreciation to Justice for Sisters and SEED for their assistance.
BACKGROUND AND DEFINITION OF
TRANSGENDER AND RELATED TERMS
16.
This study utilises “inclusive terminology” to avoid prejudice, discrimination and
stereotypes. The transgender and trans “are umbrella terms to describe people
whose gender identity does not match the sex they were assigned at birth”.12
The most common terms for transgender person in Malaysia is, but not limited
to, trans woman, trans man, mak nyah, transsexual and thirunagai. However,
there are also derogatory and humiliating terms used in Malaysia by state and
non-state actors describing transgender individual such as “bapok”, “pondan”,
“sotong” (“squid’), “tomboy” and others. The preferred term by transgender
persons shared by respondents to be used in identifying themselves will be
discussed in chapter 3.
17.
It is very important to understand the definitions of sex and gender in this topic
since it carries different meaning. The definitions of sex and gender as provided
by the American Psychology Association (APA) document are as below13:
“Sex refers to a person’s biological status and is typically categorized as male, female, or
intersex (i.e., atypical combinations of features that usually distinguish male from female).
There are a number of indicators of biological sex, including sex chromosomes, gonads,
internal reproductive organs, and external genitalia.”14
“Gender refers to the attitudes, feelings, and behaviors that a given culture associates with
a person’s biological sex. Behavior that is compatible with cultural expectations is referred
to as gender-normative; behaviors that are viewed as incompatible with these expectations
constitute gender non-conformity.”15
12 Asia Pacific Forum of National Human Rights Institutions and the United Nations Development Programme. (June 2016). Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender identity and Sex Characteristics: A Manual for National Human Rights Institution. P. 12
13 https://www.apa.org/pi/lgbt/resources/sexuality-definitions.pdf (accessed on 5 November 2015)
14 Based on American Psychological Association. (2012). Guidelines for Psychological Practice with Lesbian, Gay, and Bisexual Clients. American Psychologist, 67(1), 10–42. doi: 10.1037/a0024659. P.11
15 Ibid
12
| Report On Transgender Persons In KL And Selangor