A/HRC/40/53/Add.1 38. Many times during the mission, the Special Rapporteur heard public officials use the problematic term “others” to refer to non-Bumiputera citizens. Given that it was based on ethnicity rather than on socioeconomic status, one of the negative impacts of the Bumiputera policy has been to draw a line between those citizens entitled to government help on the basis of ethnicity and those who have no access to it. Without prejudice to article 153 of the Constitution, these measures should be re-examined to determine if they are still necessary and how they could be readjusted to contribute to more equal opportunities for all Malaysian citizens. More broadly, it is important to continue to centre the notion of the inclusion of all of Malaysia’s cultures, religions and traditions on an equal footing, in accordance with international standards. 39. Respect for cultural diversity has been challenged recently, especially when it comes to the right to take part in cultural life without discrimination of groups such as lesbian, gay, bisexual, transgender and intersex persons, refugees and stateless persons, and persons with disabilities. 40. Although more socially accepted in the past, homosexuality and gender fluidity is now considered a crime. Article 377 A of the Penal Code criminalizes same-sex activity between men, with punishments of up to 20 years in prison and whipping. In all states, as well as in the Syariah Criminal Offences Act, there are provisions which penalize transgender individuals on the basis of their gender identity and expression and which have led to arrests by the police and state religious departments. Lesbian, gay, bisexual, transgender and intersex persons have been repeatedly called “deviant”, and films portraying homosexual or transgender persons in a positive manner have been censored. In the months leading up to the Special Rapporteur’s visit, at least three LGBTI events, including a film screening, were cancelled, one of them following online protest by conservative and fundamentalist groups. Statements from the Government rejecting discrimination and bullying of lesbian, gay, bisexual, transgender and intersex persons, such as that posted by the Federal Department of Islamic Development (JAKIM) on social media on 19 June 2017, while important, are rendered meaningless if measures taken by the authorities themselves are discriminatory and intolerant. 41. The Special Rapporteur strongly supports efforts by the Ministry of Women, Family and Community Development to improve accessibility for persons with disabilities, which is critical to the enjoyment of cultural rights without discrimination. She was pleased to note that the Ministry had undertaken programmes to test the accessibility of – for example – public transportation. The Ministry’s efforts in promoting accessibility require the full support of all relevant government agencies. 42. The lack of a legal and administrative framework to regularize the status of refugees and stateless persons leaves them highly vulnerable to abuse. This is particularly true for women refugees. Furthermore, thousands of children who are asylum seekers, refugees, stateless or migrants have no access to government schools. C. The cultural rights of women 43. Cultural practices or what are claimed to be cultural practices must evolve when they constitute or lead to discrimination against women, including gender-based violence. Under article 5 (a) of the Convention on the Elimination of All Forms of Discrimination against Women, States are required to take all appropriate measures to modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women. 44. Women should have equal right to take part in cultural life without discrimination. 9 To fulfil this vision in Malaysia, more needs to be done to ensure that women can equally 9 8 A/67/287.