Don: Multiracial Malaysia needs standalone law against acts of discrimination

KUCHING (Dec 15): The government should consider enacting a specific, stand-alone law to prevent acts of discrimination, rather than pursuing calls to amend the Federal Constitution to restrict the position of prime minister to a particular race.

In making this call, Dr Muzaffar Syah Mallow said discrimination, defined as making unfair or prejudicial distinctions between individuals based on various characteristics such as race, gender, or religion could lead to social inequalities.

The Universiti Sains Islam Malaysia Faculty of Syariah and Law associate professor asserted that in multiracial societies such as Malaysia, the effects of discrimination are very severe.

“If we allow discrimination to take place, it can give rise to dissatisfied feelings which eventually can lead to bitter conflict.

“Discrimination is a very serious issue which needs to be addressed or tackled through comprehensive and effective law. We cannot simply insert the issue under any existing law in the country as each of the existing laws has its own limitations in terms of its implementation and enforcement.

“Thus, it would be much better if we could enact a specific law on such matters. Having a specific law would allow everybody to take the issue seriously and permit the victim to lodge a report and take legal action effectively,” he said in a statement.

Muzaffar said the government should also take serious note of the recent 2023 Malaysian Discrimination Situation Survey conducted by Architects of Diversity Malaysia (AOD), which found just 45 per cent of Malaysians are satisfied with government initiatives to address discrimination in the country.

According to the recent survey, most Malaysians reported experiencing some form of discrimination over the past 12 months, with social media (32 per cent), job hunting (30 per cent), and the workplace (29 per cent) being identified as common settings for discrimination.

The survey also pointed out the prevalence of discrimination in various aspects related to socioeconomic status (38 per cent), age (33 per cent), and ethnicity (32 per cent).

Adding on, Muzaffar said the Federal Constitution does prohibit discrimination.

Under Article 8 (1), the Federal Constitution provides that: “All persons are equal before the law and entitled to the equal protection of the law”.

Article 8 (2) further adds that: “Except as expressly authorised by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth, or gender in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property, or the establishing or carrying on of any trade, business, profession, vocation, or employment”.

While acknowledging the constitutional provisions against discrimination, Muzaffar pointed out the limitations of recent legislative amendments, such as the Employment (Amendment) Act 2022.

He noted that the amendments lacked a clear definition of discrimination and specific remedies for related disputes, making it crucial to enact a comprehensive law that covers all aspects uniformly across the country.

“Due to these reasons, it is very crucial for us to enact a specific or a standalone law to address and tackle the issue of discrimination in the country effectively. Subject to the country’s Federal Constitution such a law can be created.

“The government may refer to the approach taken by other countries in addressing the issue through legislation like Australia, Belgium, United Kingdom, and United States of America.

“Discrimination should be seen as a serious public health issue and needs to be addressed and tackled seriously and effectively,” he added.