Constitution should not be selectively misinterpreted for political gain

THE Malaysian Bar is shocked by the recent statement made by former prime minister Tun Dr Mahathir Mohamad that it is unconstitutional to promote a multiracial Malaysia.

The Malaysian Bar views such an assertion to be highly irresponsible and deeply disheartening, as it serves no other purpose than to incite divisive racial sentiments among the populace. Such statements ultimately breed bigotry and bias, and we find them wholly unacceptable.

It is unfortunately not uncommon for politicians to stir up racial and religious sentiments for political and self-serving reasons. Such rhetoric is dangerous, and history is replete with examples where, if left unchecked, this can result in persecution.

The Malaysian Bar continues to emphasise that there is no such thing as “others” or “outsiders” in Malaysia’s Federal Constitution. The fanning of hateful sentiments by politicians incites hostility towards groups unreasonably deemed as “outsiders” or “others”, for which there is absolutely no basis.

The former PM unjustifiably referred to the rule of law to support his divisive statement. The statement makes a mockery of the cherished principle of the rule of law. “Rule of law” means a set of principles and ideals for ensuring an orderly and just society. As such, this phrase should not to be used wantonly, and more so, with the ill intention of misleading the public. When the phrase “rule of law” is deliberately misused and linked to the Federal Constitution without basis, it is a travesty and a complete disservice to the Federal Constitution and to our country.

The Federal Constitution of Malaysia enshrines the rights of citizens to practise religions other than Islam in peace and harmony; and while Islam is declared as the religion of the nation, there is no restriction under the supreme law of the land on others to profess and practise their respective faiths. Mutual respect and holding each of us to that value has held us together since the Federal Constitution was put in place by its framers who considered the diversity of this nation.

The fabric of our Federal Constitution is based on multiracial aspirations. While some attempts have been made to derail the Constitution’s true narrative, it has rarely been misused so blatantly and in a way that would result in the regression of all that we have achieved thus far.

It is therefore timely yet again for the Malaysian Bar to reiterate its call for the enactment of the National Harmony Bill. We have consistently advocated the enactment of national harmony laws to promote unity, integration, and interfaith harmony in Malaysia.

To achieve the balance of upholding freedom of speech while maintaining public security, the Malaysian Bar has proposed three Bills to replace the Sedition Act 1948: namely the Racial and Religious Hate Crimes Bill, the National Harmony and Reconciliation Bill, and the National Harmony and Reconciliation Commission Bill.

The objective of the Racial and Religious Hate Crimes Bill is to promote and preserve national harmony by making it a criminal offence to incite racial and religious hatred. The National Harmony and Reconciliation Bill seeks to capture the rights entrenched in Article 8 of the Federal Constitution – that all persons are equal before the law and entitled to equal protection of the law. The Bill is to prevent unfair discrimination against persons based on race, religion, gender, and other distinguishing characteristics, and it imposes an obligation on the government and all persons to promote equality.

Finally, we have also proposed the National Harmony and Reconciliation Commission Bill which is tasked with, among others, promoting awareness, educating, and making policy recommendations to the government for the purpose of national unity. The Bill would also empower the commission to constitute an Unfair Discrimination Tribunal to inquire into such complaints.

This commission – to consist of commissioners from various racial, religious, and political backgrounds – would play a key role in being a coordination point between the government, civil society organisations, and various stakeholders to engage in a more robust discussion about national integration. The commission would also be empowered to investigate claims of unfair discrimination, and could constitute a tribunal to compel witnesses to come forward, as well as receive evidence in inquiries.

Malaysia is made up of diverse races and faiths, and instead of politicians resorting to hateful speech and hurling accusatory remarks to score political points, more efforts should be channelled towards promoting constructive debate and dialogue among the various groups to foster greater open-mindedness and to embrace our diversity, and recognise that that is what strengthens the nation – we ought to be proud of our uniqueness as a multicultural society

We urge the current unity government to thoroughly consider these proposed Bills to ensure that a culture of acceptance is cultivated among the rakyat.

Malaysia’s Constitutional values and aspirations need to be internalised for the greater good of all. The Federal Constitution should not be selectively misinterpreted for political reasons and self-interest.

KAREN CHEAH YEE LYNN

President

Malaysian Bar