ANY plan to include lesbian, gay, bisexual and transgender (LGBT) rights as part of an anti-discrimination law must go through a consultation process first.
While Malaysians welcome moves to propose a comprehensive law against discrimination, LGBT is a sensitive matter.
To include LGBT rights under the proposed anti-discrimination law without discussion with the authorities and experts will create misunderstanding and conflict.
There has been much discussion in the media and among non-governmental organisations on protecting LGBT from discrimination, especially at the workplace, and to provide them jobs.
Protection should be given to all citizens against discrimination, and this includes LGBT people.
Every individual should be evaluated based on merits and performance, and not on gender, age, individual disability, health, race, skin colour, personal belief or religion.
It needs to be stressed that by including LGBT rights under the anti-discrimination law, it does not mean that an LGBT act will be recognised.
I believe the intent here is to protect LGBT from harm, rather than legitimise their sexual orientation.
The government and NGOs can create a committee to analyse such proposals.
The committee should include legal experts as well as religious leaders.
Having a standalone law to address workplace discrimination is good for the country’s development.
This is in line with the spirit of Article 8 (2) of the Federal Constitution, which reads: “Except as expressly authorised by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth or gender in any law or in the appointment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment”.
This matter has the legal authority of the case of Noorfadilla bt Ahmad Saikin v Chayed bin Basirun & Ors (2012).
Having a law on workplace discrimination could resolve weaknesses in labour laws, such as the Employment Act 1955 and Industrial Relations Act 1967.
DR MUZAFFAR SHAH MALLOW
Senior lecturer, Faculty of Syariah & Law, Universiti Sains Islam Malaysia