Tuesday, 23 June 2009

An Act that will fix the racists

http://www.malaysiakini.com/news/106869


An Act that will fix the racists
Kua Kia Soong | Jun 20, 09 6:31am
Anyone who had attended the talk by Prof Aneez Esmail on ‘Race Relations in Britain’ organised by Kita (Institute of Ethnic Studies) in UKM will be left in no doubt as to the efficacy of the Race Relations Act 1976 in dealing with racism and racial discrimination in Britain.
MCPX

malaysians 050905Twenty-four years ago, I wrote in The Star, “The need for race relations legislation” (Nov 28, 1985) because there was an alarming incidence of “institutional racism”, a point stressed by Aneez.

In that article, I elicited many examples of racism and racial discrimination in Malaysia which could be dealt with if such an Act existed in our country.

It was not taken seriously for the obvious reason that if we had such a law, many Umno politicians including the present prime minister would have been dealt with under such a law; many policies such as the enrolment of “bumiputera only” students into institutions - for example, UiTM - would have been declared racially discriminatory long ago.

The British Race Relations Act 1976 has a section on ‘Incitement to racial hatred’ which said:

“A person commits an offence if he publishes or distributes written matter which is threatening, abusive or insulting; or he uses in any public place or at any public meeting words which are threatening, abusive or insulting, in a case where, having regard to all the circumstances, hatred is likely to be stirred up against any racial group…”

In 1987, Umno Youth organised a rally at the Jalan Muda Stadium in Kuala Lumpur at which banners read: ‘May 13 has begun: Soak the keris in Chinese blood’, among others.

This is not the invention of the opposition. It can be corroborated in the government white paper, ‘Towards Preserving National Unity’, 1988. It was also covered by the Chinese-language press at the time.

Play transcript of Najib’s 1987 speech

On stage to fan the flames of such flagrant racism during that fateful rally was the Umno Youth chief and present prime minister.

Of course, he has denied in Parliament that he uttered the exact words as those on the banners. But as the police often warn us, the organisers must bear the responsibility for any utterances and banners displayed.

If we had a Freedom of Information Act, we would be asking for a transcript of the Umno Youth chief’s speech at that rally.

Since we do not have a FoI Act, the prime minister can try to clear his name by asking the authorities to make public the transcript of his 1987 speech. At least, if no one else, our Special Branch should have a copy. They told me during my ISA detention that they were one of the best intelligence outfit in the world and their library had more information than any other resource centre in the country.

Is there any wonder why such a FoI Act will meet the same fate as a Race Relations Act under such a government?

No action was taken against the main rabble rousers on stage at that rally. The main targets of the police were people like me who had nothing to do with this racist rally. More than a hundred of us were subsequently arrested and detained without trial under the ‘Operation Lallang’.

Since then, we have been treated to nauseating racist taunts by delegates at the Umno general assemblies and the ritualistic flaunting of the keris by the Umno Youth chief.

I remember a few years ago, an education minister tried to play to the gallery at an Umno general assembly by saying that, as long as he was the education minister, he would not allow a single non-bumiputera to be admitted into UiTM.

This is the reality of racial discrimination in this country. When we bear in mind that UiTM has a total enrolment of some 100,000 students and that it is a public-funded institution, it is shocking that the government can get away with such blatant racial discrimination by justifying it as “affirmative action”.

If we had a FoI Act, we would be able to get the statistics on other areas of such blatant racial discrimination.



Set up a Race Relations Court too

The statistics I got in Parliament in 1990 were as follows - an average of 90 percent of loans for polytechnic certificate courses, 90 percent of scholarships for diploma of education courses, 90 percent of scholarships/loans for degree courses taken in the country, almost all scholarships/loans for degree courses taken overseas were given to bumiputeras.

Regarding the enrolment of students in residential schools throughout the 80s, 95 percent were bumiputeras; the enrolment in Mara Lower Science College, Maktab Sains Mara was almost 100 percent bumiputera throughout the 80s... do you call this affirmative action?

Is there any wonder the government has not ratified the United Nations Convention Against Racial Discrimination up to the present day?

A Race Relations Court will be able to determine and define the legality or illegality of such actions and a Commission for Racial Equality could be formed to work toward the elimination of racism and racial discrimination; promote equality of opportunity and harmonious ethnic relations, and keep under review the workings of the Act.

I concluded my article of Nov 28, 1985 thus:

“While such a Race Relations Act may not strike at the roots of racial polarisation, at least it should ensure that the limits of the implementation of government policies are scrupulously delineated, and just as importantly, the Malaysian public is not treated to racist garbage, which should be spurned with all the contempt it deserves.”

KUA KIA SOONG, a director of Suaram, is former Petaling Jaya Utara MP. He was arrested in 1987 under the Internal Security Act and detained for 14 months. He is author of ‘445 Days Behind the Wire’.

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