Harmony Bills to promote unity

The announcement of three bills made by the National Unity Consultative Council (NUCC) to seek for public consultation is a progress to the government's efforts in repealing the Sedition Act and replacing it with harmony laws. The three Harmony Bills are the Racial and Religious Hate Crimes Bill, National Harmony and Reconciliation Bill and the National Harmony and Reconciliation Commission Bill.

As there are frequent sensitive religious and racial issues undermining national unity and social harmony, the harmony laws are regarded as an effective method to protect the people's basic rights of freedom of speech and expression granted by the Article 10 of the Federal of Constitution and Article 19 of the Universal Declaration of Human Rights.

Prime Minister announced on July 11, 2012 that the government decided to repeal the Sedition Act 1948 and replace it with National Harmony Act to consolidate national unity and promote religious harmony. However, no related bill was tabled and no timetable was set to repeal the Sedition Act. It is understood that there were as many as 274 cases being investigated under the Sedition Act since 2008. In the eyes of the opposition and human rights organisations, the Sedition Act is a weapon to silence dissidents.

Once the Racial and Religious Hate Crimes Bill is passed, the Sedition Act will be repealed and replaced. The new law will define "sedition" more clearly to prevent power abuse like selective charges. The Sedition Act has been criticised for empowering the authority to charge those making remarks claimed to be seditious without considering the intention of the remarks, as well as the threats and damages they bring.

As for the National Harmony and Reconciliation Bill, it is meant to avoid discrimination based on religion, race and etc. It prohibits the dissemination of "racial superiority" consciousness and exclusive acts. Meanwhile, the NUCC formed under the National Harmony and Reconciliation Commission Bill plays the role of promoting national harmony and reconciliation.

As Prime Minister Datuk Seri Najib Razak said when announcing the abolition of Sedition Act, the new laws will highlight the government's commitment in defending all races and religions in Malaysia, preventing them from being affected by the moves of irresponsible people.

However, for some non-governmental organisations, the new laws would harm Malay privileges and the status of Islam. At the same time, some also questioned the legality of the drafting process and the representativeness of the council.

All bills raise doubts and the intention of the NUCC to seek public consultation is to ensure that the bills can really meet the country's conditions, by considering their impacts on different cultures, religions, races, customs and thoughts. All relevant organisations should first understand the contents of the draft bills before making positive comments and feedback.

I addition to negatively punish those committing wrongful acts, laws should also bear the function of positively enlightening the society. Therefore, how the laws are going to make the harmony concept a living attitude and cognition of all people should be the greatest accomplishment of repealing and replacing the Sedition Act. We must look at the significance of the laws positively and pragmatically.

Laws cannot exist in isolation and instead must be associated with social interaction, while corresponding to social environment and thinking values. Deficiencies in old laws cannot balance citizens' legal obligations with their rights granted by the Constitution. It cannot demonstrate fairness, but can result in chauvinism and extremism. As Malaysia is a unique and complex society, the government must handle sensitive bills cautiously and if the people can take the same responsible attitude towards the bills, it will then greatly contribute to promoting national harmony.


Sin Chew