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Malasian transexual
http://www.malaysiakini.com/letters/119036
Transsexual a ‘great shame’? What about our hypocrisy?Sofia Lim Siu Ching
Dec 4, 09
5:56pmWe refer to the Malaysiakini report M’sian transsexual fighting deportation in UK to be punished.The All-Women’s Action Society (Awam), the Women’s Aid Organisation (WAO) and Seksualiti Merdeka wish to register our grave concerns at statements made by Immigration Department Director-General Abdul Rahman Othman as well as the manner in which the story was reported.
We question why Abdul Rahman Othman singled out Ms Fatine as having ‘brought great shame upon us’, allegedly for immigration offences, when just over a year ago the Malaysian government took a far more lenient approach to Malaysian over-stayers in the United Kingdom.
We recall that the then-home minister Syed Hamid Albar indicated that in addition to cooperating with the British government’s voluntary repatriation scheme, the Malaysian government would not impose further penalties on returnees.
We note that Fatine has done her best to comply by British law. That she was singled out as an alleged ‘shame’ amongst the approximately 20,000 Malaysian overstayers in the United Kingdom suggests that the threat of severe penalties is based on the fact that she is a transsexual person.
We caution that such threats constitute a violation of her rights to non-discrimination and security of person.
What is truly shameful about Fatine’s situation is what it reveals about our prejudices. Discrimination against transsexuals in this country runs the gamut from violence to official restriction on changing their gender identity or photos in their documents.
This discrimination is further perpetrated by how they are portrayed in the media. We are deeply disappointed in some members of the press and in the authorities for referring to Fatine as a ‘he’. Fatine clearly identifies as a woman.
Whether she is pre-op or post-op is entirely irrelevant to her gender identity. It is disrespectful and hurtful to refer to her by anything other than her chosen gender.
Fatine has a right to be treated with dignity and to equal protection under the law. Unfortunately, these rights are rarely respected by the Malaysian authorities and by society at large in their treatment of transsexual persons.
We remind the authorities that Article 8(2) of the Federal Constitution prohibits discrimination based on gender. In addition the Convention on the Elimination of All Forms of Discrimination against Women (Cedaw), which Malaysia ratified in 1995, obliges the government to refrain from engaging in any act or practice of discrimination against women.
The Malaysian government has a responsibility to ensure that all public authorities and institutions act in conformity with this obligation, including the Immigration Department.
We strongly urge the government and public institutions to lead the way in changing societal attitudes, laws and public policy by honouring their human rights obligations.
The writer is president, All Women’s Action Society (AWAM) for and on behalf of Women’s Aid Organisation (WAO) and Seksualiti Merdeka.
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2 Replies
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http://thestar.com.my/news/story.asp?file=/2009/12/4/nation/5237709&sec=nation
Transsexuals: The paperwork is just too much
By RACHAEL KAMPETALING JAYA: For some transsexuals, it is easier to have their sex reassigned but it is almost impossible to change their gender and photograph from male to female in their identification papers.
Expressing support and empathy for transsexual Mohammed Fazdil Min Bahari, popularly known as Fatine who is embroiled in a controversial wedding to a Briton, they have spoken up on the plight of those like her.
Yuki, a transsexual, has tried in vain to change her identity from a man to a woman so that she can get married.
“I can understand Fatine’s frustration. All we want is to be able to live a normal life like others, to be loved for who we are and not suffer the hurtful words of others,” said the 30-something who was born in Ipoh.
“I tried to behave like a man for eight years but failed. It is very saddening that people treat my condition as a joke. I am hurt,” she said.
Yuki, who separated from her Australian husband about one-and-a-half years ago, hoped that her gender can be changed to a female in her identification papers.
Another transsexual, Julya, said she had been trying for four years to get her photograph, gender and name changed in all her personal documents after she had sex change surgery in 2002.
“I gave up because the reality is there is just no way I can get it done here in Malaysia,” said the 40-something freelance scriptwriter.
Julya claimed that the National Registration Department instructed her to get letters from the surgeon, certified by a commisioner of oaths and stamped by the court before she can legally become a female.
“It’s a very long process and it will cost me a big sum of money which I can’t afford. I would just like the Government to make it easier for us to change such details.
“I have never travelled overseas and I still have a phobia going to the airport these days,” she said.
Fatine, who married Ian Young in a civil partnership in May, is facing deportation after her “Leave to Remain” visa was rejected by the British Home Office over an “incorrect” photograph.
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http://news.asiaone.com/News/AsiaOne+News/Malaysia/Story/A1Story20091219-186874.html
Things appear to be looking up for Fatine, the Malaysian transsexual who caused a furore back home over her marriage to a Briton. The 36-year-old make-up artist has just received an acknowledgement from the Home Office about her application for a Right to Family Life under the Human Rights Act in Britain.
Although it did not state the processing time or the chances of approval, Fatine believed that she did not fear deportation to Malaysia for the time being.
For her, that’s probably a sweet consolation after several weeks of edge-of-seat moments following the rejection of her Leave to Remain visa in Britain and the subsequent appeal.
‘At least, I am safe for now. They can’t deport me as my application is still under process,’ said a somewhat relieved Fatine, who was born Mohammed Fazdil Min Bahari.
Her marriage to Ian Young touched a raw nerve in Malaysia, with the Immigration Department director-general Datuk Abdul Rahman Othman reportedly accusing her of having ‘brought great shame upon us’ for overstaying in Britain.
While Fatine’s love story has irked certain quarters in Malaysia, it has also touched the hearts of many who felt she should not be penalised because she is a transsexual.
A growing number of Malaysians, including Muslims and non-Muslims, as well as non-government organisations have voiced support for Fatine either through her Facebook chat group or the media.
In fact, the British media seems to have taken a more sympathetic view towards her plight, with several television stations including the BBC, approaching the couple to shoot documentaries on their case.
But while there is a growing support group in Fatine’s Facebook, it has also turned into a religious debate with some critical views about her marriage.
Fatine said she had, from the start, appealed to the people not to judge her based on the religious viewpoint.
‘If they want to judge me, please do so based on humanitarian grounds as I just want to be with the man I love.
‘I know what I did was wrong according to my religion. That’s why I came to Britain (for my civil marriage) because I respect the laws in Malaysia,’ she said.
Fatine reiterated that she was scared to return home now following the Immigration Department’s adverse reaction towards her case.
‘Of course, I want to go back and visit my mother but I am worried they will confiscate my passport and bar me from travelling for two years.
‘How can I live without Ian for two years?’ she asked in exasperation.
It’s indeed sad to see some people judging the couple in a negative light when there are far more serious moral issues that needed attention back home.
While the law must be complied with in whatever circumstances, all decisions should be tempered with compassion where there is a grey area in the decision-making process.
