Malaysia is a multi-ethnic and
multicultural nation, home to Malays, Chinese, Indians, and indigenous
communities, each contributing to the country’s identity.
While this diversity is often
celebrated, it also presents ongoing challenges in maintaining racial harmony.
Tensions between ethnic groups have, at times, led to social unrest and
deepened mistrust.
Despite numerous government-led
initiatives aimed at fostering unity, the absence of a robust legal framework
to address racial discrimination remains a glaring gap.
In this context, Malaysia should
consider adopting legislation inspired by the UK’s Race Relations Act of 1976
to provide legal protection against discrimination, promote social integration,
and strengthen national unity.
The UK Race Relations Act was a
significant milestone during its era. It tackled both direct and indirect
racial discrimination in key areas such as employment, education, housing, and
public service provision.
This legislation not only
rendered racial discrimination unlawful but also created legal avenues for
individuals to contest unjust treatment.
For Malaysia, enacting a
comparable law would represent a vital transition from mere rhetoric to
tangible action, converting the principles of equality into enforceable rights.
Currently, Malaysia does not have
a dedicated anti-discrimination law focused on race. While the Federal
Constitution guarantees equality before the law, practical enforcement is
inconsistent, and racial inequalities persist in everyday life.
In sectors such as employment and
education, anecdotal and statistical evidence often point to disparities
between different ethnic groups. For example, hiring practices that favour one
ethnic group over another or unequal access to quality education for minority
communities are ongoing concerns.
A Race Relations Act would help
close this gap by offering victims a legal avenue to report and seek redress
for discriminatory practices.
One of the notable strengths of
the UK Race Relations Act lies in its proactive approach to promoting equality.
Rather than being purely
punitive, it mandates institutions to prevent discrimination before it occurs.
Malaysia could adopt this approach by requiring both public and private
institutions to develop inclusive policies and actively ensure representation of
all ethnic groups in employment, leadership, and education.
Targeted support for
disadvantaged groups such as indigenous peoples or low-income communities from
any ethnic background could be part of a broader affirmative action policy that
prioritizes socio-economic need over racial categorization.
Furthermore, the role of
education in shaping race relations cannot be overstated. The UK’s legislation
encouraged schools to embrace diversity and integrate anti-racism education
into the curriculum.
Malaysia’s education system,
while promoting national unity in theory, often remains segmented along
linguistic and cultural lines, which can unintentionally reinforce division
rather than unity.
By embedding cross-cultural
understanding, mutual respect, and anti-discrimination awareness into the
national curriculum, Malaysia can help young Malaysians grow up with a stronger
sense of shared identity and empathy for different communities.
To effectively enforce
race-related laws, Malaysia also needs an independent institution focused
specifically on racial equality.
The UK established the Commission
for Racial Equality (CRE) to monitor compliance with the Race Relations Act,
investigate complaints, and recommend policy changes.
In Malaysia, while SUHAKAM (the
Human Rights Commission of Malaysia) plays an important role in defending human
rights, it lacks a specific mandate to address racial discrimination in a
comprehensive manner.
A specialized commission could
ensure that race-related issues receive the focused attention they deserve.
This body should be empowered to
conduct investigations, issue public reports, handle complaints, and provide
guidance to both the public and private sectors on compliance.
In the context of Malaysia, any
effort to introduce such legislation must take into account the country's
socio-political landscape.
The political history of Malaysia
has been significantly influenced by race-based parties and policies designed
to address historical economic disparities. However, these measures have also
raised issues regarding preferential treatment and feelings of exclusion among
certain communities.
It is essential that any Race
Relations Act implemented in Malaysia is grounded in principles of inclusivity,
equity, and justice for all, ensuring that no single group is favoured over
another.
The emphasis should transition
from race-based benefits to support that addresses the needs of all
marginalized communities.
Furthermore, the enforcement of
the law must be conducted in a fair and transparent manner. Any selective
enforcement or politicization of anti-discrimination laws could undermine
public confidence and exacerbate inter-ethnic tensions.
Thus, it is imperative that any
legislation is accompanied by a robust commitment to impartiality, public
accountability, and civic participation.
Engagement from civil society
organizations, religious leaders, educators, and community groups is vital in
fostering the values underpinning the legislation.
Recent incidents related to race
in Malaysia highlight the pressing need for such a legal framework. Racial
tensions continue to surface in political discourse, social media discussions,
and community conflicts.
In the absence of legal remedies,
many individuals affected by these issues feel disenfranchised and
marginalized.
A Race Relations Act would convey
a strong message that the nation is committed to equality and that
discrimination, whether institutional or personal, will not be tolerated.
In conclusion, adopting
legislation similar to the UK Race Relations Act would be a forward-looking
move for Malaysia.
It would reinforce the country’s
commitment to unity in diversity and provide a structured, legal avenue for
addressing racial discrimination.
By combining legal enforcement
with education, proactive policy-making, and community engagement, Malaysia can
take meaningful steps toward building a truly inclusive society.
The future of Malaysia’s social cohesion depends not only on goodwill but on institutional structures that protect and uplift every citizen equally, regardless of race or ethnicity.
10.4.2025
Kuala Lumpur, Malaysia.
© Copyright is reserved.
Source: https://focusmalaysia.my/towards-racial-harmony-through-legal-reform/
Comments