The first reported HIV case in Malaysia was in 1986. By the end of 2009, an estimated 100,000 adults and children (up from 67,000 in 2001) were living with HIV, of which 11,000 were women 15 years and older [1]. The estimated adult prevalence was 0.5% in 2009, up from 0.4% in 2001 [1]. According to the 2010 UNAIDS Report on the Global AIDS Epidemic, there were an estimated 10,000 people newly infected with HIV and 5,800 deaths due to AIDS in 2009 (up from 3,900 in 2001). Malaysia is experiencing a concentrated HIV epidemic. Overall, the primary mode of HIV infection is through injecting drug use but there is now ample evidence that heterosexual transmission has increased over the last few years followed by infections due to homosexual intercourse [2]. Women are increasingly becoming infected through heterosexual intercourse, reaching 18% of reported new HIV infections in 2009 [3].HIV prevalence was high among key affected and vulnerable populations. In 2009, HIV prevalence was 22.1% among injecting drug users, up from the 11% reported in 2007 [4]; 10.5% among female sex workers [4]; 3.9% among men who have sex with men [5]; and 9.3% among transgender persons [4]. As of 2009, 0.06% of the 1,021,542 migrant workers screened for HIV were reported positive [6].The majority of cumulative HIV and AIDS cases from 1986 to 2009 was found amongst the Malays (71%), followed by the Chinese (14%) and the Indians (8%) [2].The primary mode of HIV transmission varies by ethnicity. For instance, HIV acquired through injecting drug use was most commonly found in Malay and Indian ethnic groups. On the other hand, heterosexual transmission was most prevalent amongst Chinese Malaysians. Small proportions of cases were found among the indigenous population and those living in the East Malaysia states, Sabah and Sarawak. Stigma and discrimination against people living with HIV are persistent. In addition, some legal issues relate to HIV and AIDS in Malaysia as follows:
- Male-to-male sex is criminalized by virtue of Section 377A of the Penal Code (Act No. 574) and, in certain states, by Sharia Law.
- The Women and Girls Protection Act prohibits the following [7]:
- Procurement of a female for the purpose of sex work
- Detention of a female in a brothel or any other place against her will with the intent that she may be employed or used for the purpose of sex work
- Trafficking in female persons;
- Management of a public place used for the purpose of sex work
- Living off earnings of sex work
- The Minor Offenses Act also includes, under the ‘Idle and Disorderly Persons’ section, a law that states that “every prostitute behaving in a disorderly or indecent manner in or near any public road or in any place of public resort” can be penalized [8].
- Malaysia retains the death penalty for offences related to drug trafficking.
- The possession of needles and syringes without a medical prescription is prohibited [2].
- Transgender persons are prosecuted under civil law as well as religious laws for cross-dressing offences [2].
Sources:
[1] UNAIDS , Report on the Global AIDS Epidemic, 2010
[2] Malaysia, UNGASS Country Progress Report, 2010
[3] Malaysia, AIDS/STI Unit, Ministry of Health , Malaysian AIDS Council, AIDS in Malaysia, 2009
[4] Malaysia Integrated Bio-Behavioural Surveillance (IBBS), 2009, cited in Malaysia UNGASS Country Progress Report, 2010
[5] Malaysia, Venue-Day-Time-Sampling (VDTS) Study, 2009, cited in UNGASS Country Progress Report, 2010
[6] Malaysia, Ministry of Health, 2010, cited in UNGASS Country Progress Report, 2010
[7] www.protectionproject.org (2008) Malaysia.
[8] Laws of Malaysia, Minor Offences Act 336. 1955
