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Putik Lada with Seira Sacha Abu Bakar

A Race Relations Act based on the concept of plurality where all races are equal will conceivably run counter to certain current policies and practices.

WHAT is with the proposed Race Relations Act in Malaysia? Do we need such an Act? Are we all not already living harmoniously with each other?

I am sure many would remember the report about the politician who made racist remarks during the recent Permatang Pauh by-election. This is not the first news report of politicians making remarks and comments about the non-Malays being migrants in this country.

There was also another incident some time back where an MP, during session in Parliament, said the non-Malays should leave the country if they did not like it here.

And recently, at the Bar Council, during the forum entitled “Conversion to Islam: Article 121(1A) of the Federal Constitution”, the attendees (of the forum) witnessed how a good number of Malays stormed the Bar Council premises to protest against the holding of the forum.

(The forum was actually convened not to discuss the topic of conversion to Islam, but rather the jurisdictional issues that arise when one spouse converts to Islam and the other does not.)

Similarly, I most definitely cannot understand the recent uproar over the Selangor Mentri Besar’s suggestion that Universiti Teknologi Mara allocate 10% of its seats to the non-Malays.

Why did all this happen? Isn’t Malaysia a multi-racial and multi-cultural society? After all, is that not how our Tourism Ministry portrays Malaysia to the world?

Is it true that all Malaysians only live together physically, but their spirits are far apart? Is there really the spirit of muhibbah in our lives?

Why is there a need to identify ourselves as Malay, Chinese, Indian or ‘dan lain-lain’, and not just Malaysian?

Fifty-one years into independence, can we say that there are no race relations issues? What is the cause of this racial divide, if any?

It is often said that there is no other country like the US when it comes to race relations. The citizens identify themselves as Americans, and not as, for instance, American Chinese or American Indians.

When the Government announced a few weeks ago that it would draw up a Race Relations Act (RRA) to safeguard and strengthen relations among the different races in the country, I was a bit sceptical.

Home Affairs Minister Datuk Seri Syed Hamid Albar said various aspects like integration, the education system and the economy would be taken into consideration in drawing up the RRA.

He believed that the RRA would be able to guide Malaysians in safeguarding race relations in the country, and Malaysians should view this positively.

In an interview with a local newspaper on Sept 28, to a question on the aim of the RRA, Unity, Culture, Arts and Heritage Minister Datuk Seri Mohd Shafie Apdal replied that the Government needed such an Act to address “various issues out there”.

What issues were he referring to? Do we need legislation on race relations? Is there not an existing law to deal with race relations in this country?

Perhaps the Federal Constitution can be a starting point. Clearly, in Article 8(2), it is provided that there shall be no discrimination against citizens on the ground of religion, race, descent, gender or place of birth.

The Constitution also gives special privileges to the Malays, and has cemented Islam as the official religion.

But surely, the ‘special privileges’ and ‘Islam as the official religion’ do not mean that Malay Muslims have rights to make irresponsible remarks about other races.

Therefore, this begs the question: what is the purpose of the RRA? It was said that the RRA would be based on a concept of plurality where all races are equal; hence its enactment will make racial discrimination unlawful.

It is in this regard that it is apparently perceived as a tool to strengthen ties among the different races in the country.

But will it work here in Malaysia? What is the real effect of the RRA should it be passed by Parliament?

Among other things, if the RRA seeks to eliminate racial discrimination and protect minority ethnic groups, it will conceivably run counter to certain current policies and practices.

Race-based parties may have to be outlawed, the spirit of the New Economic Policy (NEP) favouring Bumiputras may no longer be applicable, and the special position of the Malays under Article 153 of the Federal Constitution may have to be reviewed. Survival of the fittest through a merit-based system will be the order of the day.

With the right conducive environment, one may argue, we actually do not need the RRA. The children of today are after all — and must continue to be — taught from young to respect and tolerate others’ cultures (I know I was).

The education system and educators play an important role to channel the will of the Government to promote racial integration.

Am I being cynical here when I think that the RRA will never work in Malaysia? Will the RRA pave the way for a new political scenario — one that sees a truly multi-racial party ruling the country and implementing policies based on merit?

The success of the Race Relations Act in Britain and Europe does not guarantee the same for Malaysia. For instance, there is no such thing as the NEP there, nor a specific university that caters to a particular race.

The RRA can only work if all Malaysians can accept the reality of being truly Malaysian and not look at non-Malays as second-class citizens.

The writer is a member of the Bar Council’s National Young Lawyers Committee (NYLC). Putik Lada, or pepper buds in Malay, captures the spirit and intention of this column — a platform for young lawyers to articulate their views and aspirations about the law, justice and a civil society. For more information about the young lawyers, please visit www.malaysianbar.org.my/nylc .

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