INTERVIEW The proposed Racial and Religious Hate Crimes Bill, one of the three new bills proposed by the National Unity Consultative Council (NUCC), has a higher threshold than the Sedition Act it intends to replace.
It is meant as a punitive bill for “specific” hate crimes and not as vague as the Sedition Act, said the chairperson of NUCC’s working committee for law and policy.
In an interview with Malaysiakini , Mujahid Yusof Rawa, the only opposition politician in the NUCC line-up, said the bill will protect freedom of expression as well, so that Malaysians need not live in fear about what they say.
“A remark could be racist, but it may not fall under the Act. This is to ensure freedom of expression.
“This (new bill) has a higher threshold of prosecution. There must be intent to incite racial or religious hatred, and there must be intent for violence. It is not easy to charge (an individual under this bill),” Mujahid said.
In comparison, Mujahid, who is Parit Buntar MP and PAS’ National Unity Bureau chairperson, said the Sedition Act has wide powers and deals more with public disorder, instead of specifically on incitement of racial and religious hatred.
He described the Sedition Act, which was legislated in 1948, as a “Jurassic” law.
However, he conceded that it is up to the government that accusations of selective prosecution often associated with the Sedition Act would not be levelled against the new bill as well.
“I cannot give you a guarantee on that because in our bill we do not address anything about selective prosecution. That is something for the attorney-general to ensure. It is beyond our scope,” he said.
Mujahid also admitted that the bill was by no means a “magic wand” to diffuse the racial and religious tensions that have been stalking the country.
Addressing the problem, for him, must go beyond the law.
“This (the new bill) is part of a process to ensure this country is free from prejudice, racism and extremism. It is, however, a small part. The real problem must be tackled beyond this bill - through education, through culture,” he said.
Recent incidents, such as a cow’s head being thrown in front of a DAP assemblyperson’s house, who is a Hindu, and incidents of pig’s heads found in mosques, are definitive actions that merit being charged under the new bill.
“These are not only words but incitement, they have actions as well. In cases like these, you can have double jeopardy from a public disorder point of view. But it’s good for these people to get double jeopardy for these kind of acts,” he explained.
“You cannot continue saying, never mind lah - sometimes throw here, throw there. No, we want these people to be treated as criminals,” he stressed.
Hurdles for NUCC
Mujahid said that some of the criticism directed at the committee was an “emotional” reaction based on fears that the bill would erode the special position of Malays and Islam.
“But we explain, we tell them this bill is to complement the existing provisions,” he said.
Getting the bill passed in Parliament, however, will be another hurdle awaiting NUCC.
With most of the dissenting voices coming from right-wing NGOs or those seen to be close to the government, it remains to be seen if all lawmakers in Parliament will vote in favour of the bill when it is brought forth.
“It would be unfortunate if we reject this bill,” Mujahid said.
“If I am a lawmaker, I might not agree with one or two clauses in the bill. But it doesn’t mean I must reject the whole bill because of that. It is about achieving the greater goal.”
Mujahid said the committee and NUCC itself might be prepared to make some concessions in their quest to achieve this “greater goal” by removing some contentious clauses - one of them being protection from discrimination based on sexual orientation.
“There are no guarantees. It all depends on our notes to the minister in charge (de facto Law Minister Nancy Shukri), and she will decide in her wisdom whether the clauses remain or not.
“We may tolerate the (removal of) one or two clauses, (as) for us it’s about achieving the greater goal,” he stressed.
The NUCC's law and policy working committee is now getting public feedback over the three bills - which include the National Harmony and Reconciliation Bill and the National Harmony and Reconciliation Commission bill.
The committee is chaired by Mujahid, with former Bar Council chairperson Lim Chee Wee as its deputy chair. It is one of the five working committees under NUCC that have been tasked to propose a national unity blueprint within two years.
The other working committees are the national integration committee, the inclusive development committee, the youth committee and the multicultural committee.
Part 2: NUCC: Protecting sexual minorities 'not cognisance'
Part 3: Isma more dangerous than Perkasa, says PAS leader
Interview by Ram Anand and Ahmad Fadli KC.
