Will all end in harmony with new Act?

Does the National Harmony Act have what it takes to guarantee that the country's diverse faiths are protected?

COMMENT

This is the “season” of promises, mostly made by the federal government to prevent voters from straying.

The latest news by Prime Minister Najib Tun Razak announcing the National Harmony Act, which replaces the Sedition Act 1984, has to be digested with a mouthful of salt.

While the Sedition Act went all out to silence and intimidate opposition, the National Harmony Act, claims Najib, is all about safeguarding the right to freedom of speech and protecting national unity by preventing incitement to religious or ethnic hatred.

There is no doubt the task that lies ahead in ensuring the National Harmony Act lives up to its name is daunting.

However, the federal government is trying hard to assure the rakyat that the National Harmony Act is far more “humane” than its predecessor, the Sedition Act.

“The new National Harmony Act will balance the right of freedom of expression as enshrined in the [Federal] Constitution, while at the same time ensuring that all races and religions are protected.

“Our country’s strength lies in its diversity. The new Act underlines my commitment to nurturing the spirit of harmony and mutual respect that has been the foundation of our stability and success,” Najib said on July 11.

However, the question, which only time will answer, is: does the National Harmony Act have what it takes to guarantee that the country’s diverse faiths are protected?

Can the National Harmony Act deliver as promised by the prime minister, especially when it comes to making sure the right to freedom of expression is not “criminalised” by the government?

Going by the racist show of behaviour displayed by none other than the deputy premier Muhyiddin Yassin, who seems to be pursuing an agenda of his own in “promoting” the interests of the Malays, the road ahead in convincing the rakyat of the “goodness” of this new Act is a tough one.

Likewise, the racist mentality shown by Umno and its hoodlums, post-Bersih 3.0, in condemning the electoral watchdog’s co-chairperson S Ambiga’s role in the April 28 protest in Kuala Lumpur – demanding that her citizenship be revoked – reveals that all is far from well when it comes to mutual respect and harmony between people of different races and religions.

Stop hoodwinking the rakyat

Now, in justifying the need for a National Harmony Act, the premier has given his word that this new Act underlines his commitment in nurturing the spirit of harmony and mutual respect.

But then freedom of expression has never been the forte of this nation; each time advocates of human rights speak up against injustices, they are dealt with abusively by the authorities.

The protests by Bersih were all about cleaning up the electoral system to ensure that the country’s elections are held in a “clean” and just manner.

And how did the government react? It used the mainstream media to portray Bersih and the faces behind it in the most negative manner possible.

How “creative” then does Najib aspire to be in making sure the freedom of expression remains “free”?

Also, does the leader of 28 million people “need” an Act to show his commitment to the rakyat? Did the premier not see it fit to take the individuals and groups who literally made life difficult for Ambiga, the former Bar Council president, to task?

Instead, Najib behaved like the country’s typical passer-by would – pathetically watching from afar while his people are harassed and undergo a great deal of duress.

This being the scenario, how does the premier expect the rakyat to welcome the National Harmony Act with a smile on their faces?

The premier says he has instructed Attorney-General Abdul Gani Patail to conduct a full public consultation prior to the National Harmony Act being drafted to seek the views of the people.

Is this consultation going to be taken seriously or is it merely a public relations exercise to show the rakyat that the Barisan Nasional government cares?

If all that is happening is merely a propaganda act to convert the nation’s voters into BN loyalists, the government should not forget that Malaysians take their “freedom of expression” very seriously, be it verbally, through words or via art.

Still, the rakyat must seize this opportunity to speak up and share their thoughts concerning the National Harmony Act, without fear and favour.

Worries concerning National Harmony Act

In the meantime, the so-called assurances given by Najib to make room for the National Harmony Act does little to pacify Bishop Paul Tan, head of the Catholic Church in the Malacca-Johor diocese.

The Bishop was spot-on when he said that instead of promoting harmony, the new law might cause disharmony should its provisions be discriminately enforced as had been the case with the Sedition Act.

The Sedition Act proscribed the questioning of a host of issues ranging from the position of the Malay rulers to the status of Islam.

“Pray, consider what has happened in recent years.

“We have seen a politician or two and some religious leaders raise the bogey of Christian proselytisation of Muslims and proffer no substantive proof in support and yet they have not been hauled up for seditious speech,” Tan had commented on news that the Act would make its debut soon.

Best, said Tan, was for the government to just repeal the Sedition Act and not replace it with another law.

“Why then enact a new law when the old one has not been equitably enforced and why promulgate new legislation when the majority has shown a heartening maturity that intuitively accepts what is held to be sacrosanct and knows who is an inciter and who a responsible democrat?” Tan asked.

“The authorities must know that cynicism follows hard upon the impulse to draw up laws with zeal and enforce them with bias and that the best subsoil of a civil polity is the restraint that ordinary people exhibit in the face of wilful and undeterred demagogues.

“Don’t replace obsolete laws with newfangled ones especially if you cannot be counted on to enforce them with equity,” Tan said.

Is Najib taking note of the above concerns raised by a humble servant of God or has he no courage to deal with the truth?

Jeswan Kaur is a freelance writer and a FMT columnist.