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| RTD on Harmony Bills hosted by Proham & GMM (June 5, 2014) |
The NUCC Working Committee on Law & Policy, headed by
YB Dato Dr Mujahid Yusof Rawa and its deputy Mr Lim Chee Wee have drafted a set
of three harmony bills:-
These are:
1. Racial & Religious Hate Crime Billl;
2. National Harmony & Reconciliation Bill; and
3. National Harmony & Reconciliation Commission Bill.
These draft bills were tabled at the Third NUCC full
council meeting held on May 17, 2014. It was agreed that this is still at a
draft stage and should be presented to various stakeholders both in government
and civil society for feedback and input. It is important to state that these
draft bills are not the final version and still is in the working committee stage
at the NUCC end. It has not been deliberated and agreed upon at the NUCC full
council.
When deliberated by the NUCC full council and if agreed
upon it will be part of the NUCC report and NUCC Draft Blue Print for National
Unity which will be presented to the Prime Minister.
The NUCC Working Committee has been holding discussion
sessions and a third such public discussion was hosted by Proham and Global
Movement of Moderates (GMM) on June 5, 2014 where draft copies were circulated
and where Mr Lim Chee Wee made a presentation. This discussion was well
attended and over the past few days a number of comments and concerns were
aired in the media arising from this open discussion.
The NUCC Working committee welcomes the comments and
recognises that this is a consultative process and that the work of the working
committee is open for review and deliberation.
NUCC as a whole has adopted an open policy and has hosted
public dialogues in a town hall approach called Dailog Perpaduan in 18 major
towns throughout Malaysia. 5,491 people participated of whom 512 spoke and
1,159 people submitted their views in writing. They represent a cross section
of Malaysian society especially the grassroots.
NUCC is therefore not an elitist organisation and
continues to engage with all individuals and groups. Circulating the draft
bills and holding public discussions even at the drafting stage is illustrative
of our participatory and transparent approach.
In this context a number of key questions were raised and
the NUCC Working committee on Law and Policy has found it necessary to provide
some initial responses.
First,
it has been said that the bills have been drafted with no consultation with
wider Malaysian society.
Yes, the bills were drafted by NUCC members in the NUCC
Working Committee on Law & Policy. But it is not a final document but in
draft stage and therefore is circulated for feedback and comment both from
agencies, civil society & the general public. It is not a final document
and the NUCC full council has not deliberated on this. The public therefore has
the opportunity to review the bills and make suggestions.
Second,
there could be some confusion on this matter as there were news reports that
the draft bill have been presented to Cabinet by Minister Nancy Shukri.
Cabinet is aware of the draft Bills but no decision has
been made on the draft Bills.
Third,
there was a call for a White Paper to be issues with justifications for why such
laws are needed.
We recognise that this is a good suggestion however the
responsibility is with the Federal Government and this approach has not been
the way the current Federal administration has introduced new bills. This was
not the case when the Suhakam bill was introduced, nor when the EAIC was
established or when the ISA and EO were replaced by the a new security law.
However NUCC recognises that there is a need for a
background paper providing the need and justification on why these bills should
be introduced and how these laws will enhance inter racial harmony and address
the current issues related to hate speeches and acts by certain parties.
Fourth,
some have indicated that the proposed bills have questioned the position of the
Malay rulers-Article 37 (1), and some fundamentals in the Federal Constitution
such as Article 3, Article 153 as well as erode the position of the judiciary
NUCC Working Committee categorically disagrees with this
interpretation and affirms that none of the core fundamentals of the Federal
Constitution such as Articles 3, 8, 37, 152 and 153 are questioned, derogated
from or interfered with. In fact the proposed bills will enhance these
provisions and provide greater protection in the public space for this. The NUCC
Working Committee is prepared to have a discussion with the Malay Consultative
Council on this matter so as to clarify this position.
Fifth,
there have been a number of questions pertaining to the usefulness of the draft
bills and its impact on democratic freedoms
Among these questions are, why the need for three new
bills to replace the Sedition Act. Is the Penal Code not sufficient in
addressing the current problems pertaining to hate speech and action? Concerns
were expressed that more laws will adversely affect freedom of speech and
curtail civil society advocacy. It was also suggested that the three bills be
made into one bill. Others have asked if these new laws will really be able to
stop rising polarisation in Malaysia society.
It is important to note that any legislation in its self
is not a magic wand and a solution to all our inter-ethnic issues, however
legislation can serve to be an instrument to contribute towards greater
protection for harmony. NUCC Working Committee in its deliberation found that
the Penal Code was insufficient however we will review this point. It must
however be complemented by public awareness and education on the one hand and
with the political will and leadership in resolving conflict.
NUCC is open to comments and criticisms and encourage
more stakeholder discussion and input. We welcome you to visit the NUCC website
to read the draft bills: www.nucc.my
Issued
by:
YB
Dato Dr Mujahid Yusof Rawa (Chairman) and Mr Lim Chee Wee (Deputy Chairman)
NUCC
Working Committee on Law and Policy
June
10, 2014
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