Fridae

Update (1pm, July 30, 2011): The Malaysian Insider reported today that Aleesha Farhana Abdul Aziz has passed away at 5am on Saturday morning from a heart attack at the Intensive Care Unit (ICU) of the Sultanah Nur Zahirah Hospital in Kuala Terengganu. She was admitted to hospital on Friday evening after experiencing heart problems and low-blood pressure. The news site also quoted Aleesha's father as saying that she suffered from severe depression after her court application to change her name was rejected.

Aleesha Farhana, 1985-2011

A candlelight vigil for Aleesha will be held in front of the Malaysian Bar Council in Kuala Lumpur at 8pm on Saturday, Jul 30.

Co-organiser of the vigil Pang Khee Teik said: "We are holding a candlelight vigil for her tonight 8pm in front of the Bar Council, to stand for the justice she was denied and to remember her courage in fighting for what is due to her. If you like to make posters with her name or messages to her family, who has been supportive of their daughter, please do. Please join us to remember this brave woman."

For details, visit Candlelight Vigil for Aleesha Farhana, 1985-2011 (Facebook).

Members of the Malaysian transgender community have issued a statement to express their disappointment with the court's refusal to allow Aleesha Farhana to change her name and gender.  The statement also urges the state to do more to protect transgender rights. Co-ordinator Pang Khee Teik is seeking individuals and organisations to endorse the statement before it is sent to the media on Aug 1. To endorse the statement, email worldwithoutpangs@gmail.com with your name or organisation's name, or "Like" their Note on Facebook. The Facebook Note also contains relevant appendices, including the judgment of Justice James Foong who in 2005 allowed a Mak Nyah in Kuala Lumpur to change her name and gender.

Aleesha Farhana's parents spoke to Malaysia's New Straits Times about their experiences parenting a transgender child and how they had noticed their child's "effeminate tendencies since hewas a toddler".

The statement as follows:

Court must allow Aleesha Farhana to change her name and gender

Statement from the Malaysian Trans community on Aleesha Farhana’s application to change her name and gender

We, the members of the trans community, are extremely disappointed with the decision of the High court judge, Datuk Yazid Mustafa, in dismissing Aleesha Farhana Abdul Aziz’s application to have her name and gender altered in her identity card. The ruling is inconsistent with the precedence established in 2005 when a mak nyah from Kuala Lumpur made the same application. Justice James Foong, in the case of JG v Pengarah Jabatan Pendaftaran Negara 2005, had then held in favour of the mak nyah in question (see Appendix 1).

Aleesha has expressed desires to further her studies and it is for this reason she wishes to change her name and gender on her official documents. Just like everyone else, Aleesha and many like us are striving to better ourselves and contribute to society. Aleesha and all Malaysian trans people deserve the same opportunities as others to improve the quality of our lives and pursue our dreams. 

The court must allow Aleesha to change her name and gender. Her rights and the court’s duty must not be held hostage by the sensitivities of those who are ignorant about transsexualism. By denying her her right, the court is perpetuating an environment of discrimination within which she will never find the justice due her. 

Trans people like Aleesha face extreme levels of stigma and discrimination in Malaysia. The discrimination is often perpetuated by biased, negative reporting from the media and endorsed by state mouthpieces, fueling the public to further hate, marginalise and abuse an already vulnerable group of people. These abuses, ranging from physical violence to mental torture to sexual assault, happen from when we are still children right into our adulthood. Lack of attempts to understand us have resulted in many being kicked out of families, schools and work. We are often prevented from accessing health services, housing, education, employment, and other basic rights enjoyed by all Malaysians. Without the law on our side, we are left without legal recourse to redress any injustice and abuse we suffered. 

The unwillingness of the Malaysian government to recognise trans people as equal before the law facilitates this ugly persistence in violating us. Official recognition has in fact been granted by both Asian and Islamic nations. These include Singapore which recognises male-to-female transpeople and female-to-male transpeople; Nepal and Pakistan which recognise trans people as “third gender”; Iran, Egypt, Thailand, India and Pakistan, where sex reassignment surgeries are allowed and conducted. 

These policies are justified by many scientific studies that have documented transsexualism as a condition resulting from many varied biological causes. Forcing trans people to behave in accordance to external sexual organs have been counterproductive to mental and physical health. However, through a variety of remedies now available, including hormonal therapy and sex reassignment surgeries, many trans people have been able to live happily and productively according to the gender identity with which we identify.

We urge the relevant authorities to take necessary measures and immediately act to create an enabling and safer environment for Malaysian trans people. This includes the repeal of laws that criminalise trans people for our identity, dressing and mannerisms. The government must set up a nationwide consultation with the trans community as soon as possible in order to better understand our issues. It is about time we have policies, programmes, services and legal remedies that meet trans people’s needs as defined by us. 

We request that all concerned work to realising the spirit and intent of Article 5(1) of the Federal Constitution which clearly states that no person shall be deprived of his/her life or personal liberty save in accordance with the law. This article is strongly aligned to Principle 17 of the Yogjakarta Principles, which emphasises that:

“Everyone has the right to the highest attainable standard of physical and mental health, without discrimination on the basis of sexual orientation or gender identity. Sexual and reproductive health is a fundamental aspect of this right.” 

In June 2011, the United Nations Human Rights Council (UNHRC) passed a resolution to document discriminatory laws and practices and acts of violence based on sexual orientation and gender identity, and to study how to end human rights violations based on sexual orientation and gender identity. The international community stands with all of us in Malaysia whose rights have been violated for our gender identity. We therefore remind the Malaysian government of the pledges it made to become a member of the UN Human Rights Council, and as a member of the UN Human Rights Council, Malaysia is obliged to respect and uphold the human rights of all, equally and unconditionally.