18. On the definition of sexual orientation and gender identity, each are from different spectrum and it is defined in The Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity (refer as the Yogyakarta Principles). The Yogyakarta Principles is a set of principles that addresses a broad range of human rights standards and their application to issues of sexual orientation and gender identity. The Yogyakarta Principles was drafted, developed, discussed and refined by a group of distinguished human rights experts16. The Yogyakarta Principles, defines sexual orientation and gender identity, respectively, as below: “Sexual orientation is understood to refer to each person’s capacity for profound emotional, affectional and sexual attraction to, and intimate and sexual relations with, individuals of a different gender or the same gender or more than one gender.” “Gender identity is understood to refer to each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body (which may involve, if freely chosen, modification of bodily appearance - function by medical, surgical or other means) and other expressions of gender, including dress, speech and mannerisms.” For detail information on the Yogyakarta Principles, please refer to Chapter 2. 19. The terminology of gender expression is also important which is defined as “a person’s ways of communicating masculinity or femininity (or both or neither) externally. This is done through physical appearance – including clothing, hair styles and the use of cosmetic – and mannerism, ways of speaking and behavioural patterns when interacting with others”.17 20. In addition to that, they were two respondents that had self-identified as intersex. The definition of intersex is as below: “Intersex people are born with physical or biology sex characteristics including sexual anatomy, reproductive organs, hormonal patterns and/or chromosomal patterns that do not fit the typical definitions of female and male. These characteristics may be apparent at birth or emerge later in life, often at puberty. Intersex persons may have any sexual orientation and gender identity,”18 21. As mentioned, the accurate number of transgender persons’ population in Malaysia in unknown because only binary sex is recognised by the authorities and society by large. But according to a research by Teh Yik Koon published in 2002, Pink Triangle (currently known as PT Foundation), a non-governmental organisation estimated that the total number of Mak Nyahs in Malaysia was 16 The Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity. P. 7 17 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 18 United Nations Free & Equal campaign factsheets, available from: https://www.unfe.org/fact-sheets Report On Transgender Persons In KL And Selangor | 13