Ramkarpal wants Singapore-style race law; Azalina passes buck to 'toothless' ministry

Former deputy law minister Ramkarpal Singh has suggested that the government legislate a law similar to Singapore's recently enforced Maintenance of Racial Harmony Act.

This is as racial and religious incitement, provocations, and tensions remain pervasive in Malaysia.

In a question submitted to Parliament, Ramkarpal (Harapan-Bukit Gelugor) said current laws that tackle such problems were insufficient and outdated.

However, the response from his ex-boss, Minister in the Prime Minister's Department (Law and Institutional Reform) Azalina Othman Said, fell short of moving towards the DAP lawmaker's intended solution.

In a written reply dated yesterday, Azalina said that the government viewed matters that threatened harmony between races and faiths seriously, and had taken note of laws in other countries, including the Maintenance of Racial Harmony Act.

However, she did not indicate whether or not the government was interested in introducing such legislation.

Instead, she asked Ramkarpal (above) to direct any proposals regarding racial harmony to the National Unity Ministry.

The National Unity Ministry is widely viewed as toothless due to a lack of enforcement power.

Minister Aaron Ago Dagang (above) said last year that his ministry has no authority to act against or penalise individuals who incite racial and religious provocations.

Instead, enforcement powers and legal action fall under the jurisdiction of the Home Ministry, the police force, the Communications Ministry, and the MCMC – but not the National Unity Ministry.

Likewise, lawyer Andrew Khoo had previously opined that the National Unity Ministry needed to be given more authority, and argued that any laws or policy changes could involve empowering the ministry to act on cases related to race and religion, while at the same time reducing the current jurisdictions of other ministries.

Legislation in effect

Singapore's Maintenance of Racial Harmony Act was passed last year and came into force last month on Sept 15.

Among others, it empowers Singapore's Home Ministry to issue restraining orders against those who create or share content that prejudices racial harmony. Similar provisions have existed for religious provocations since 1990 under the city state's Maintenance of Religious Harmony Act.

Meanwhile, the Maintenance of Racial Harmony Act also replaces race elements under Sections 298 and 298A of Singapore's Penal Code.

Those sections previously penalised wounding religious and racial feelings, as well as promoting racial and religious disharmony. The Malaysian version of those sections, at present, only covers religion.

The updated law still covers wounding racial sentiments, but also now specifically covers conduct that insults, vilifies, denigrates, threatens, or abuses another person on the basis of race, and those who urge racial violence.

Additionally, the Maintenance of Racial Harmony Act also introduces a Community Remedial Initiative, which aims to give offenders a chance to correct racist behaviour and repair ties with the community. - Mkini