PETALING JAYA: A rude word on a sign has sparked a debate about how well Malaysian laws deal with racism.
Malaysian Bar president Mohamad Ezri Abdul Wahab said that while the Bar acknowledges the government’s position that existing laws are sufficient to curb race-based strife, the persistent rise of racial and religious tensions in Malaysia clearly indicates that punishment alone is not an effective solution.
Speaking to The Star, Mohamad Ezri said: “True harmony cannot be legislated into existence, it must be cultivated through continuous effort, engagement, and a collective commitment to national unity.”
He added that Malaysia must go beyond enforcement and invest in meaningful education, structural reforms and sustained efforts to foster unity.
“Racism often stems from ignorance, systemic biases and deeply ingrained prejudices – issues that cannot simply be eradicated through punishment. Instead of relying solely on punitive measures, we must cultivate an environment where mutual respect, understanding, and meaningful dialogue thrive,” said Mohamad Ezri.
That is why the Malaysian Bar had previously advocated for the introduction of a Harmony Act, a framework that looks beyond punishment and focuses on education, mediation and proactive conflict resolution.
“The goal is to address discrimination, racism and religious intolerance at their roots while ensuring that legal mechanisms protect all Malaysians equitably,” he said.
The trader whose sign sparked the question in Parliament has since apologised but was arrested, along with his wife, on Monday.
Police said the case is being investigated under Section 505(b) of the Penal Code, Section 4 of the Sedition Act 1948, and Section 233 of the Communications and Multimedia Act 1998.
Is the Sedition Act adequate? Lawyer Andrew Khoo does not seem to be in favour of it.
“The government was asked to repeal the Sedition Act, and in its place, to refine the law to allow for a healthy and responsible public discourse on issues of race, religion and royalty.
“Continued suppression of freedom of expression in relation to these matters is unhealthy and unproductive,” said Khoo when contacted yesterday.
Bills that were introduced during the previous administration to address racism should be revived by Putrajaya, he said.
Khoo said the National Harmony and Reconciliation Bill, the National Harmony and Reconciliation Commission Bill, as well as the Racial and Religious Hate Crimes Bill proposed in 2014 were meant to replace the existing Sedition Act.
“We need to provide a more constructive framework for public discourse rather than a basic and simplistic prohibitive and punitive regime.
“If all we ever do is always to resort to censorship, our society will not mature and our progress as a multiracial nation will be stifled,” said Khoo.
Human rights activist Jerald Joseph said the proposed Bills offer good ideas even though they have not been taken up by the current government.
“We need an independent national harmony commission with powers to investigate, mediate and propose better laws and policies,” said Joseph.
He added that racist behaviours should be punished with community service or mandated attendance at workshops on equality and inclusivity.
Civil society group G25 founding member Tan Sri Mohd Sheriff Mohd Kassim said the best way to address racism is to simply “ignore it”.
“It will always be there. As long as no life or property is threatened, we just have to treat it as a social nuisance,” he said when contacted.
Meanwhile, Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism president Tan Hoe Chieow said no special laws are needed to address racism at the moment as intolerance is not an urgent issue in Malaysia.
Tan added that racism could be addressed through education as well as dialogues and seminars among civil society groups.
“I believe existing laws are enough to address racism in Malaysia. The promotion of mutual respect and understanding is more important,” he said.
Tan said the various community groups, including NGOs, must do their part to promote tolerance and interaction to address racial tensions in society.
“The government, through its various ministries, has to do its part as well in imparting the right values,” he added.
Moderation advocate Tawfik Ismail said increased interaction among different races in public housing programmes could help address racism in Malaysian society.
Tawfik said Singapore’s multiracial Housing Development Board (HDB) flats should be taken as an example.
“We have to get rid of this ghetto mentality that is prevalent in Malay, Chinese and Indian areas. Why can’t we have a Malaysian area?” he said.
