Malaysia Racial Discrimination Report 2015

MALAYSIA RACIAL DISCRIMINATION REPORT

REPORT COMPILED AND PREPARED BY

PUSAT KOMAS MALAYSIA

MARCH 21, 2016.

The Malaysia Racial Discrimination Report 2015 aims to document current alarming trends

of racial discrimination in Malaysia. This annual report will compile, highlight and show the

severity of racial discrimination incidents in the nation.

It is hoped that this report will give an overview of racial discrimination; raise awareness

among the general public; and be used as an important resource for engagement with

relevant stakeholders including government agencies, non-governmental organizations,

educational institutions, academicians and political parties. It will also serve as a reference

material to help facilitate resolution of conflict and help improve race relations and national

unity in Malaysia.

Furthermore this report intends to also show to what extent the Malaysian Government has

fulfilled recommendations made by other Member States in the 2013 United Nations 2nd

cycle Universal Periodic Review (UPR) process for Malaysia to further strengthen national

unity and social cohesion in the nation.

The cases highlighted in this report are mainly based on reports and findings from

mainstream and online media sources. These widely known cases provide clear examples of

violations of basic rights which are actually enshrined in the federal constitution of Malaysia.

The list of cases presented is not exhaustive. We truly welcome partners in the NGO

community to continue supporting the preparation and writing a more comprehensive

compilation of this annual ‘Malaysian Racial Discrimination Report’ for year 2016 and the

following years.

DEFINITION OF RACIAL DISCRIMINATION

The ICERD.

(International Convention on the Elimination of All Forms of Racial Discrimination) defines racial discrimination as:

“Any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life”.

The Malaysian Federal Constitution2 has provisions which prohibit racial discrimination in

the country, as spelt out in both Article 8 (1, 2) and Article 12.

1 Article 1, International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

2 Article 8 (1, 2) and Article 12 (1) in the Malaysian Federal Constitution Article 8 (1 & 2):

(1) All persons are equal before the law and entitled to the equal protection of the law.

(2) Except as expressly authorized by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent or place of birth or gender in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing on carrying on of any trade, business, profession, vocation or employment.

Article 12 (1):

Without prejudice to the generality of Article 8, there shall be no discrimination against any citizen on the grounds only of religion, race, descent or place of birth.

Although both these Articles clearly state the principle of equality in the protecting of rights of every Malaysian, exceptions can be made based on Article 153 of the Malaysian Constitution.

Article 153 (1):

It shall be the responsibility of the Yang di-Pertuan Agong to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interests of other

communities in accordance with the provisions of this Article.

The Article also spells out specifically the reservation of quotas for public service positions,

scholarships, educational or training privileges and business permits or licenses. However

despite the exceptions, Article 153 has provisions under point (7) and (8) to also ensure the

protection of legitimate interests of other communities. For instance:

Article 153 (7):

Nothing in this Article shall operate to deprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him or to authorised a refusal to

renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of a person any permit or licence when the renewal or grant might reasonably be expected in the

ordinary course of events.

MALAYSIA’S INTERNATIONAL HUMAN RIGHTS COMMITMENT

IN ELIMINATING RACIAL DISCRIMINATION

The racial discrimination incidences that took place in 2015 had violated several Human

Rights standards. This is alarming as such incidences had shown that the Malaysian

government had regressed on its promises to strengthen national unity and social cohesion

in the State. In fact, along the course of improving Human Rights in Malaysia, Malaysia had

ratified several treaties which would help uplift the Human Rights situation in Malaysia.

Among the treaties signed were the Convention of the Rights of the Child (CRC) ratified in

1995 and Convention on the Elimination of All Forms of Discrimination Against Women

(CEDAW) in ratified 1995. Malaysia is a party to several declarations such as Universal

Declaration of Human Rights and the ASEAN Human Rights Declaration which was signed in

2012. However, the racial discrimination incidences that took place in 2015 reflect the

violations on the legislative and policy frameworks of the State at both the international and

national level.

Universal Declaration of Human Rights.:

Article 2

Everyone is entitled to all the rights and freedom set forth in this Declaration, without

distinction of any kind, such as race, colour, sex, language, religion, political or other opinion,

national or social origin, property, birth or other status. Furthermore, no distinction shall be

made on the basis of the political, jurisdictional or international status of the country or

territory to which a person belongs, whether it be independent, trust, non-self-governing or

under any limitation of sovereignty.

Article 2

All are equal before the law and are entitled without any discrimination to equal protection

of the law. All are entitled to equal protection against any discrimination in violation of this

Declaration and against any incitement to such discrimination.

Article 18

Everyone has the right to freedom of thought, conscience, and religion; this right includes

freedom to change his religion or belief, and freedom, either alone or in community with

others and in public or private, to manifest his religion or belief in teaching, practice,

worship, and observance.

Article 22

Everyone, as a member of society, has the right to social security and is entitled to

realization, through national effort and international co-operation and in accordance with

the organization and resources of each State, of the economic, social and cultural rights

indispensable for his dignity and the free development of his personality.

3 Article 2, 18, 22 and 26 (2) in the Universal Declaration of Human Rights (UDHR)

Article 26 (2)

Education shall be directed to the full development of the human personality and to the

strengthening of respect for human rights and fundamental freedom. It shall promote

understanding, tolerance and friendship among all nations, racial or religious groups, and

shall further the activities of the United Nations for the maintenance of peace.

Article 27 (1)

(1) Everyone has the right to freely participate in the cultural life of the community, to enjoy

the arts and to share in scientific advancement and its benefits.

MALAYSIA’S POSITION AND RESPONSE TO RECOMMENDATIONS

OF THE 2ND UNIVERSAL PERIODIC REVIEW (UPR) IN 2013

The Malaysian government accepted the following recommendations in full to improve

national unity and social cohesion in the State.

Recommendation 146.87

In accordance with national circumstances, continue to strengthen mutual respect and

tolerance and different cultures among religions and maintain social plurality while maintain

improved family harmony and respect for women (China)

Recommendation 146.88

Continue the implementation of initiatives to strengthen national unity and promote interethnic

tolerance and respect (Russian Federation)

Recommendation 146.89

Streamline current measures to address the unique needs of its diverse society (Zimbabwe)

Recommendation 146.90

Enhance its initiatives and programmes to further promote a sense of national unity and

pride among all its citizens (South Africa)

Recommendation 146.91

Enhance initiatives on the programme to bolster a sense of national unity (Islamic Republic

of Iran)

Recommendation 146.92

Enhance its initiatives and programmes to further instil a sense of national unity and pride

among its people (Democratic People’s Republic of Korea)

Recommendation 146.93

Continue implementing the positive initiatives introduced under the 1Malaysia concept with

a view to strengthen national unity (Democratic People’s Republic of Korea)

 Recommendations 146.87, 146.88, 146.89, 146.90, 146.91, 146.92 and 146.93 in the Malaysia Universal Period Review

Second Cycle

ASEAN Human Rights Declaration

Provision 2

Every person is entitled to the rights and freedoms set forth herein, without distinction of

any kind, such as race, gender, age, language, religion, political or other opinion, national or

social origin, economic status, birth, disability or other status.

Provision 4

Every person has the right to recognition everywhere as a person before the law. Every

person is equal before the law. Every person is entitled without discrimination to equal

protection of the law.

Provision 9

In the realisation of the human rights and freedoms contained in this Declaration, the

principles of impartiality, objectivity, non-selectivity, non-discrimination, non-confrontation

and avoidance of double standards and politicisation, should always be upheld. The process

of such realisation shall take into account peoples’ participation, inclusivity and the need for

accountability.

Provision 22

Every person has the right to freedom of thought, conscience and religion. All forms of

intolerance, discrimination and incitement of hatred based on religion and beliefs shall be

eliminated.

Provision 31 (3)

Education shall be directed to the full development of the human personality and the sense

of his or her dignity. Education shall strengthen the respect for human rights and

fundamental freedoms in ASEAN Member States. Furthermore, education shall enable all

persons to participate effectively in their respective societies, promote understanding

tolerance and friendship among all nations, racial and religious groups, and enhance the

activities of ASEAN for the maintenance of peace.

RACIAL DISCRIMINATION IN MALAYSIA TODAY

Discrimination based on ethnicity in education, health care, finance, workforce and welfare

has been increasing in the Malaysian society in recent years. This trend is mainly attributed

to the prevailing culture of racial politics practiced and exploited by different parties of the

political spectrum and landscape in Malaysian since its Independence in 1957.

In 2013, the Malaysian government, recognising the seriousness of racial discrimination

initiated the setting up of the National Unity Consultative Council (NUCC) which carried the

mandate to prepare a national blueprint for national unity and social cohesion. The newlyformed

body discussed sensitive topics such as the use of the word ‘Allah’ by non-Muslims,

housing issues, issues concerning Sabah and Sarawak, and Constitutional matters including

Malay privileges.

5 Provisions 2, 3, 9, 22 and 31 (3) in the ASEAN Human Rights Declaration

Unfortunately the NUCC’s recommendations to the Malaysian Prime Minister was not made

public and the council was disbanded after completing their tasks with no clear indication of

what will happen with the recommendations.

The Malaysian government has also agreed to fulfil recommendations to further strengthen

national unity and social cohesion in the nation made by other member States in the United

Nations 2013 Universal Periodic Review (UPR) Second Cycle process.

The emergence of the Internet and social media platforms has provided more open spaces

and platforms for widespread expression of racial sentiments and hate speech (inciting

violence, hatred, or discrimination against other persons and groups, particularly by

reference to their ethnicity, religious belief, gender or sexual orientation, language, national

origin or immigration status).

.

Recent incidents of racial discrimination, racism and strained ethnic relations within the

Malaysian society have increasingly surfaced over the years despite the Prime Minister’s

numerous assurances and claims at home and abroad that the government promotes

moderation in the country.

.

Many are also critical of the Malaysian authorities for their lack of enforcement and actions

towards overt and public declaration of racist sentiments and statements especially those

made by right wing pro-Malay rights groups such as PERKASA and ISMA.

1. Racial discrimination in the education sector

Racial discrimination has been rearing its ugly head in the education sector for many years

and students are not strangers to its damaging effects.

Racist & derogatory remarks by school teachers

For instance in 2013 the principal of SM Alam Megah in Shah Alam had purportedly lashed

out at noisy non-Malay students during a school assembly and told harshly told them “Balik

India dan China” (Go back to India and China)10. Cases like this occurring in a school are very

alarming as schools are expected to inculcate respect and tolerance rather than breeding

antagonism among different ethnic groups. Unfortunately cases such as these are often

unreported in the mass media and online news portals and the authorities tend to shy away

from handling these incidents.

MALAYSIAN RACIAL DISCRIMINATION REPORT 2015.

On 21 June 2015, a senior teacher from Sekolah Kebangsaan (National type school) Ibrahim

in Kedah state made a statement during a school assembly stating that non-Muslim

students were reminded not to drink water in class but only in the toilet during the Muslim

Ramadan fasting period. He told the non-Muslim students that if they did not have enough

water, they could drink pipe water or their own urine11

.

This incident had sparked angry reactions from non-Muslim parents, and the Malaysian

public at large. In fact a Molotov cocktail (home-made incendiary bomb) was thrown into

the school compound of the school.

.

Deputy Education Minister Mary Yap then assured that teacher would be reprimanded and

counselled and urged non-Muslim students to avoid eating and drinking in front of Muslim

schoolmates during the fasting month as a sign of respect.

.

Calls to abolish vernacular schools

During the so-called 'Red Shirt' pro-Malay extremists' protest rally on 16th September 2015,

some of the protestors carried banners calling to abolish Chinese schools14 (Hapuskan SJKC).

The rally which claimed to uphold Malay dignity had sparked heated debates and hit a chord

especially amongst vernacular online and mass media.

The Perak mufti Tan Sri Harussani Zakaria was quoted in a Malay-language daily Sinar Harian

stating that the abolishment of vernacular schools would reduce inter-ethnic tension. It was

also reported that he had suggested to the Prime Minister and several other Ministers that

Tamil and Chinese schools should be closed down because a single-school system would

ensure non-Malays would learn the national language. He further questioned the

government’s reason for trying to pacify other races in the country.

.

Deputy Prime Minister Zahid Hamidi also supported the idea of getting rid of vernacular

schools as he claimed that it would help foster racial unity among Malaysians16. However,

opposition political party DAP vice-chairman M Kulasegaran stated that the ethno centric

political system reinforces the segmentation of ethnic communities into ethno centric

schools.

DAP MP Zairil Khir Johari commented then that vernacular schools should not be abolished

as it has become more multiracial than national schools now by citing an example in

Kelantan where the average number of non-Chinese pupils in Chinese schools is at 28%18

.

The Education Ministry in response announced on 28th. August 2015 that a new module

named, 'Bina Bangsa' (nation building) would be introduced to promote racial unity in

vernacular schools. He also explained that the module would teach students how to respect

each other’s faiths and cultures and gave an example stating that, “At least when an ustaz

(religious teacher) takes his pupils to ‘solat’ (prayers), the non-Muslim children will know

what it means and respect their Muslim peers’ practices19

.

However, DAP MP Zairil Khir Johari refuted the “Bina Bangsa” module by quoting statistics

from the Malaysia Education Blueprint that there is a drop of 6% in non-Bumiputera

enrolment in national schools while there is a 12% increase in non-Chinese enrolment in

Chinese vernacular schools. Therefore Chinese schools seem to be relatively more

multiracial compared to national schools20

.

Many feel that the issue of vernacular schools should not be politicised21, and they also

believe that if the government is sincere about fostering a common type of school for all

Malaysians, MRSM (exclusively bumiputera Science College), SBPs (fully residential schools)

and religious schools should also be closed22

.

Christian student’s wooden cross confiscated

On 18 June 2015, a secondary school student in SMK Taman Sri Muda, Shah Alam had his

personal cross-shaped wooden necklace confiscated by the disciplinary teacher. He was told

that the cross-shaped wooden necklace was confiscated because it violated the school rules.

His father then lodged a police report and the teacher then apologised to the parent in the

presence of five Education Ministry officials.. Tamparuli Assemblyman Wilfred Mojilip

Bumburing then urged the Education Ministry to explain the so-called 'ruling' the teacher

had imposed on the student..

On 24th June 2015, a missionary school in Sandakan, SK St. Mary Labuk was allegedly told by

Muslim parents and teachers in the Parents Teachers Association to remove newly installed

cross outside one of its buildings25

.

Deputy Education Minister Mary Yap issued a statement stating that the cross would remain

on the school wall citing a circular issued by the Education Ministry in June 2013 which

stated that Christian mission schools are allowed to retain their ethos and characteristics26

.

‘Orang Asli’ pupil tied, kicked for allegedly stealing money

There has been many experiences of racial discrimination targeted at ‘orang asli’

(indigenous people) people which were verbally told and were not documented

systematically.

.

On 8th June 2015, a Standard 4 orang asli Standard 4 student, Siti Nur Azdilia, from Sekolah

Kebangsaan Kuala Betis was tied and kicked for allegedly stealing money from a teacher’s

car. She was brought to the teacher’s staff room and was kicked and slapped by the teacher

and two other male teachers, on her head, back, hands and thighs. A string was also tied

around Siti’s neck like a leash and dragged to the door where she was kicked and pushed.

Her hands were then tied-up and Siti was detained in the staff room until the end of the

school session.

.

A police report was launched following the incident and eight statements from the relevant

parties were recorded including the three teachers. However, there were attempts by the

headmaster of the school to withdraw the police report and let the school handle the

matter internally. To date, the teachers who were behind the abusive actions were still

teaching in the school29

.

2. Racialising Criminality

In 2015 a new trend of racial discrimination became evident when several incidents of

criminal acts were used to justify racial discrimination and stir up unrest among different

races.

Racialising of Low Yat Plaza Case

A case of theft which took place at the Low Yat Plaza (popular electronic shopping mall) on

11 July 2015 was spun and made into a racial issue. The police investigated and later

established that the theft of a smart phone had actually taken place but the situation was

under control and they denied that the brawl was racially motivated Pro Malay groups blamed other ethnic groups for this incident which actually involved a Malay youth having stolen a mobile phone from a shop managed by Chinese sales persons who apprehended the person.

The clear case of theft and thuggery took a racial twist when rumours circulating in social

media stating that the Malay youth was cheated and victimised by the Chinese managed

shop. A riot ensued the following day when violent mobs of Malays started assaulting

Chinese shop assistants and even those who happen to stop at the vicinity of the Plaza. The

mob also attacked and verbally abused journalists from the China Press. Groups of

mobsters were also seen hurling racist remarks and uttering hate speech during the riot. It

was until the arrival of the police Federal Reserve Unity (FRU) that the situation calmed

down.

Following the riot, Ali Tinju (President of the Armed Forces Veterans Association) and

Papagomo (pro-UMNO blogger) were detained for inciting racial riots at the Low Yat Plaza.

Charges against Ali Tinju who was alleged to have made racial remarks during the riot were

later dropped by the Attorney-General due to lack of evidence. However, the trial for

Papagomo’s involvement in the racial riot is still on-going.

The Kota Raya Incident

An incident of retail fraud at Kota Raya commercial complex on 15 December 2015 was

another case where a commercial crime became a justification for racial discriminatory

actions. The victim of the incident was detained for four hours by a mobile phone trader

when he refused to pay RM 10,000 for the purchase of four mobile phones originally quoted

at RM200 per unit. He was forced to withdraw RM5, 000 as partial payment for the total

charge.

The man later lodged complaints to several agencies including the Muslim Consumers

Association (PPIM) and the Ministry of Domestic Trade, Co-operatives and Consumerism

after which the consumer tribunal ordered the mobile shop vendor to return RM 5,000 to

the man and for the four mobile phones to be returned to the shop.

Two days later on 20th December 2015, a group of about 20 people armed with sticks and

helmets barged into Kota Raya shopping complex to confront shop owners that allegedly

scammed them.

Led by the self-proclaimed Malay rights leader Ali Tinju the violent mob attacked the shop

and demanded for refunds to customers for fraudulent transactions made in the past and

also urged the public to boycott the mall.

Earlier on, a WhatsApp message was sent in the morning urging people to join the protest to

champion the Malays pride36. The protest which turned violent left two individuals with

minor injuries. Authorities nabbed the suspects of the brawl and it was reported that

traders suffered losses amounting to RM 15,000. The case is currently under investigation37

.

3. Racism in the Business Environment

Racism in the business environment is very prevalent in Malaysia. Groups often use Article

153 in the Malaysian Federal Constitution to justify their assertion as the Article safeguards

the special position of the Malays and natives of Sabah and Sarawak and the legitimate

interests of other communities by the country’s ‘Yang di-Pertuan Agong’ (King). It also

allows a certain proportion of public service positions, scholarships, educational or training

privileges and business permits or licenses to be reserved for Malays and natives of Sabah

and Sarawak38. The original intention of Article 153 was to ensure affirmative action for

disadvantaged groups but it has since then been misinterpreted as a special provision to

only protect the rights of the Malay ethnic group especially in policies and practices of

business.

Protest against Petaling Street Traders

On 16th September 2015, a so-called ‘red shirts’ rally was organised and led by Dato Jamal

Md Yunos to assert Malay rights and power. In an attempt to calm protestors gathered at

the entrance of Petaling Street (Kuala Lumpur’s Chinatown with majority Chinese traders)

he accused Chinese traders of fraudulent trade practices and promised protestors that he

would report vendors operating at Petaling Street, to the Domestic Trade, Cooperatives and

Consumerism Ministry and give the Ministry five days to take action against the vendors.

.

A week later he announced another action at Petaling Street if their demands to the

Domestic, Trade, Cooperatives and Consumerism Ministry were not met. Among his

demands were for the Ministry to act against the alleged sale of counterfeit goods in

Petaling Street and that the traders share a portion of their income with other races and

stop monopolising the popular tourist destination40. He was arrested and detained for a day

by the police.

.

Rural and Regional Development Minister Datuk Seri Ismail Sabri Yaakob spearheaded and

established a so-called first Bumiputera-only gadget mall following the Low Yat Plaza case.

.

According to him, customers at Mara Digital would not have to worry about the issue of fake

products being sold there. In addition, Ismail Sabri also stated that a bumiputera-owned

company would be appointed to manage its tenants and ensure the authenticity of the

products sold at Mara Digital43

.

This same Minister who once held the Agriculture and Agro-Based Industries portfolio also

created a national uproar when in a Facebook posting there was a calling for the boycott of

Chinese goods because he reasoned that Chinese traders were profiteering from Malays44

.

Numerous police reports were made against Ismail Sabri and he was summoned to the

police station to give his statement. Despite his racist utterances and actions, Unity Minister

Tan Sri Joseph Kurup defended Ismail Sabri by stating that his comments were “wellintended”

and aimed at galvanising consumers to avoid premises that hike up prices

indiscriminately.

.

Sabri also made a racially discriminatory statement in the name of consumerism when he

commented that the Health Ministry’s action to ban vaping would kill the vaping industry

business generally owned by Malays.

.

Halal supermarket Trolleys

On 7th November 2015, the Domestic Trade, Cooperatives and Consumerism Minister Datuk

Hamzah Zainudin was quoted in the Utusan Malaysia Newspaper to have said that the

Ministry was considering a proposal to enforce a law to make it compulsory to segregate

trolleys into ‘halal’ and ‘non-halal’ used to cart food items in shopping malls. The decision

was made to ensure that Muslims would not have to be worried if the food they bought had

mixed with non-halal items. The plan was favoured by FOMCA (Federation of Malaysian

Consumer Associations) and the PPIM (Muslim Consumers Association).

 Fomca welcomed the decision and hoped that the government could look at the practicality of the issue while PPIM welcomed the plan stating that this idea would teach Malaysians to respect each

other differences.

To date, it was found that the KPDNKK has proposed to set guidelines to segregate halal and

non-halal trolleys and has only encouraged supermarket operators to segregate the use of

trolleys.

.

4. Discrimination based on dress code in Public Services Delivery

The wave of religious extremism and discrimination has also been prevalent in the public

services sector. Public members were denied services and entry into government offices and

access to service counters merely because they were determined to have not adhered to

the so-called ‘dress code’.

Toddler denied treatment because mother’s pants was too short

On 6 November 2015 a crying and injured toddler was denied treatment by three

government medical facilities because his mother’s pants were deemed too short50. The

two-year old toddler who cut his finger was initially rushed to a 1Malaysia Clinic in Saleng,

Johor Baru but since his mother’s pants were too short, they were denied entry. The mother

then headed to another 1Malaysia Clinic in Bandar Indahpura, Kulai, but was also denied

entry there. They then headed to the Kulai Hospital but the toddler would not be treated for

the same reason. The mother then headed to a private clinic nearby where the toddler was

finally allowed treatment after she had put on a sarong.

After the incident, MCA Vice President Chew Mei Fun urged the Health Ministry to

investigate the matter and take appropriate action as it was a clear case of neglect51. The

issue was highlighted in a Parliament sitting where the Minister in the Prime Minister’s

Department Azalina Othman clearly stated that government frontline staff should not turn

away members of the public even if they are not “appropriately dressed”. She was reported

to have said that the dress code applied to government staff and not members of the public.

Kulai MP, Teo Nie Cheng agreed with Azalina’s statement and urged the government to

issue a memorandum to ensure patients are given treatment even if the set dress-code was

not complied with.

However, MP for Pasir Puteh Nik Mazian Nik Mohamad did not agree with the statements

and said that wearing shorts portrayed indecent Western values and not reflective of

Eastern values. He further claimed that women dressed in this manner would attract

unnecessary attention in a hospital, public places or any other place.

.

Woman forced to wear a sarong in the Road Transport Department

On 8 June 2015, a woman was forced to wear a sarong otherwise she would be refused

services in the Road and Transport Department (RTD). The woman was there to transfer

ownership of her vehicle but when she was at the number counter, she was handed a

sarong to wear by the department’s officer who told her she would not be entertained

otherwise53. The woman shared the incident on social media questioning whether the attire

she wore had violated the dress code. (She was wearing a knee-length skirt then.)

The RTD public relations officer then stated that they would investigate the matter and

further added that people have to dress accordingly upon entering government premises54

.

Transport Minister Liow Tiong Lai explained in parliament that the directive to the woman

to wear a sarong was given by a security guard and not the department’s officers.

Based on their investigations, the guard had felt the woman would not be able to conduct

her dealings at the RTD counters and hence he gave her the sarong to wear. Minister Liow

further added that there were no instructions by the RTD that customers should be given a

sarong if they do not meet the dress code. He also said that action would be taken on the

security guard and there was no “sarong policy” in the RTD.

.

The Transport Minister’s comments were criticised by ISMA president Abdullah Zaik Abdul

Rahman who claimed the guard’s actions as noble and worthy of praise. He also criticized

Liow for his statement to review dress code for public at government offices57. The security

guard’s action was also praised by Rela Director-General who awarded him a letter of

appreciation.

.

Sarong Case in Sungai Buloh Hospital

On 21st June 2015, a woman was refused entry into the Sungai Buloh Hospital because she

was wearing shorts then. According to a Facebook posting, the woman narrated that the

moment she reached the visitors’ gate security guards had stopped her from entering. Her

father who was accompanying her was asked to go into the wards to borrow a towel from

one of the patients to cover his daughter’s legs. She also reported that the security guards

told her that the instructions were given by the Health Ministry.

Sungai Buloh Hospital Director Dr. Khalid Ibrahim apologised for the incident and clarified

that the hospital does not bar any visitors from entering based on what they are wearing.

He then encouraged the public to dress decently when visiting patients. He also explained

that the incident was caused by a “miscommunication” and a complaint had been lodged

against the security guard who gave the instructions60

.

Journalist refused entry into Selangor State Secretariat (SUK) building

On 22nd June 2015, a News Straits Times reporter and a Klang resident were told to wear

sarongs by security personnel before they were allowed entry into the SUK building. The

Klang resident decided to cover her legs with a scarf while the reporter entered the building

using an alternative entrance.

Klang MP Charles Santiago questioned the moral policing by the security guards61. He also

took Selangor Chief Minister, Azmin Ali to task by asking him to withdraw such rulings.

Selangor State Secretary Datuk Mohammed Khusrin Munawi then issued an apology and

assured that there would not be a repetition of such incident.

.

Man wearing ‘cute pink shorts’ denied entry at Kuala Lumpur International Airport Lost

and Found Office

On 26 June 2015, it was reported that a man who had left his bag at the KLIA after returning

from Taipei with his family was denied entry by the security guard when he went to the

AVSEC office to reclaim his bag. In a blog posting, the man highlighted that the security

officer had told him to go home and change his clothes as there was a dress code to enter

the building and the lost and found baggage office. The man who was shocked that there

was such a dress code then stated that he was forced to wear a pair of pants that he could

not zip up and shoes without socks because he refused to return home to change.

He also said that as he was leaving the premise, he saw a Caucasian tourist in the same

predicament was cursing the officers because he was also wearing shorts and sandals63

.

5. Groups, Agencies and Individuals that use provocative racial sentiments.

In 2015, racially provocative groups, agencies and individuals were the focus of attention.

These groups often make racist statements in the name of protecting the rights of their own

ethnic group. Despite such damaging expressions no substantive legal sanctions have been

made against them. The government of the day seems to very tolerant of such groups and

individuals and even at times seen to be defending their racist behaviours.

Some of the main groups and individuals using provocative racial sentiments include

PERKASA and Isma, and individuals like Ridhuan Tee (Sinar Harian columnist) and Dato Jamal

MD Yunos (Chairman of Malay NGOs and Sungai Besar UMNO division chief). Pro

government media such as Utusan Malaysia (newspaper) and MyKmu (blog) and agencies

such as the BTN also seem to enjoy a free hand in spreading provocative racial sentiments

without any repercussions.

This trend of the government’s tolerance and inaction towards racist and Malay supremacist

groups is stronger and taken to be a clear indicator of the government’s support and

endorsement on such racially motivated actions. It definitely goes against the Prime

Minister’s aspirations to achieve the 1Malaysia ideology aimed at promoting national unity

and social cohesion in the country. For instance he was reported to have made a statement

defending the racist September 16 ‘red shirt’ rally rationalising that the rally was a

manifestation of the rise of Malays to defend their dignity and the country’s leadership from

being condemned and humiliated.

.

‘Red Shirts’ rally

The culmination of this racist and discriminatory trend towards, race, religion and ethnic

divide in Malaysia was the 16th September 2015 ‘red shirt rally’. It was very clear that the

rally was a tit-for-tat reaction of these groups towards the organising of the Bersih 4.0 rally

which had just taken place 2 weeks earlier 29th and 30th August 2015.

The Bersih 4.0 rally besides calling for electoral reforms was also strongly called for the

resignation of Prime Minister Najib. This saw an opportunity for these extremist groups to

then accuse Bersih 4.0 of insulting the Malay leaders and ethnic Malays (majority of the

population in Peninsular Malaysia). Red-shirt rally spokesperson, Jamal MD Yunos further

reiterated that their planned rally was to express ‘anti-Bersih’ sentiments and also to show

solidarity among Malays who have been ridiculed and made fun of by DAP Chinese to the

point that they could not take it anymore.

Several senior UMNO leaders were seen participating in the rally. In fact PM Najib had even

further defended the “red shirt” rally by stating that the rally was not seditious or racist. He

made a statement in the Pesaka Silat (local Malay martial arts group) Assembly in 2015

saying:

“Slapped once, we did not do anything. The second time… nothing… the third time…

nothing… but the fourth time had crossed the limit. Malays also have rights. The Malays will

stand up when their pride is scarred, when their leader is insulted, condemned and

humiliated. It is enough (sic), do not repeat such vengeful acts.

It was also reported that Chinese journalists were hurled at with racist remarks and

provocative banners were being displayed during the rally67. At the end of the rally, UMNO

supreme council member Annuar Musa read a speech by the Prime Minister who sent his

congratulatory message the participants68. Despite racially provocative statements and

banners that were visible throughout the entire rally, no actions were taken on rally

organizers. Home Minister Ahmad Zahid Hamidi’s said the police had conducted

investigations and have discovered that the red shirt rally did not have any racial overtones

and elements.

 BTN, a platform to spread Racism.

In 2015, the BTN (National Civics Bureau) was in fact used to advocate Malay supremacy and

incite racism. It was reported widely that presentation slides promoting racism were

uploaded onto BTN’s website since March but were immediately taken down after it was

reported by social media.

The slides gave a detailed breakdown of analysis of electoral seats held by the ruling

coalition and opposition parties from 1959 to 2013. It further gave a breakdown of races in

terms of support for and opposition to the ruling coalition and opposition political parties.

Phrases like ‘the Chinese-language Press were daggers to stab the government with news

articles promoting the opposition movement were found in the slides. It also had analysis of

election results and a detailed breakdown of MPs according to Muslim and non-Muslim and

by race and ethnicity.

Furthermore, the slides also showed a breakdown of the richest men in Malaysia (mostly of

Chinese ethnicity), the number of Tamil and Chinese vernacular schools in the country and a

remark on how Christians who make up 9.1% of the population were granted permission to

build a mammoth church. The slides also depict the possibility of the 14th General Elections

drawing comparison to notorious Cambodia’s Pol Pot regime and his ‘killing fields’, and also

attacked young Malay leaders in the DAP and the G25 group of eminent Malays.

.

However, BTN had denied that they taught course participants to practice racism as the

leaked slides were merely research materials. The director of BTN, Datuk Raja Arif Raja Ali

further commented that leaked slides were in fact portraying the concept that ‘racism’

could be used for a ‘good purpose’ as it can unite a race for good71. He also further claimed

that the slides were not course materials but were just for research purposes which were

not necessarily what was practised..

He was also reported to have said that there was nothing wrong with the term ‘pendatang’

(immigrants) used to describe Chinese and Indians in Malaysia as it was a historical fact..

Prime Minister Najib Razak had dismissed all allegations that the BTN was used to advocate

Malay supremacy and racism stating that it was a lie74. To date, the BTN is said to be

undergoing a rebranding exercise to dispel perceptions that it is racist in nature and content

and to redesign its modules to suit current context and needs. The newly appointed Director

General Ibrahim Saad said that he would not tolerate any racism and would take stern

action against those who resort to racism. He also admitted that in the past some

facilitators had exhibited such tendencies and they had been dismissed since then and these

were isolated cases.

.

Isma and its racist responses

Another example of a group is ISMA which has made several provocative statements

throughout the entire Low Yat Plaza incident. During the aftermath of that affair, Isma

Information Chief Mohd Hazizi Abd Rahman stated in a Facebook posting that the Low Yat

Plaza incident was the angry response toward ‘diaspora chauvinists’ who insulted and

ridiculed Islam and the Malay community76. According to Malay Mail Online, Isma did not

state who or what the ‘diaspora chauvinists’ are but they had previously associated the

word to non-Muslims particularly the ethnic Chinese and the DAP.

Isma website’s senior editor Razali Zakaria in an article accused Gerakan Youth Chief Tan

Keng Liang of defending the traders who cheated in the Low Yat incident. He questioned

Tan’s motives and asked why he did not urge the authorities to arrest the cheats as most

Chinese who sell computers and communication equipment at Low Yat Plaza were in the

habit of cheating their customers. The article further associated Tan’s motives of defending

the traders as a means to protect his own race77

.

Ridhuan Tee, Columnist and University Lecturer

Controversial columnist and lecturer Prof Dr Mohd Ridhuan Tee Abdullah is not a new figure

in fanning racial sentiments. In 2015, he made several controversial statements such as

expressing defence of then Agriculture and Agro-Based Industries Minister Datuk Seri Ismail

Sabri’s statement in a Facebook posting urging the people to boycott Chinese goods as

Chinese traders were profiteering from Malays.

In his column, Ridhuan asserted that Ismail’s facts were not wrong and further cited the

example of his own father, an ethnic Chinese who owned a sundry shop in a Malay kampong

(village) who used to mix petrol with kerosene, white rice with brown rice and alter weights

and measures to increase profit no matter how wrong it was. Ridhuan also stated that

Chinese traders were the ones taking advantage of the lower fuel prices and they are the

ones pressuring Ismail Sabri to apologize for his statement.

.

During the heated debate about the dress code in government offices issue, he was

reported to have said in Isma’s website that the people who mocked the dress code

imposed by federal government agencies are uncivilized rationalising that no religion allows

anyone to wear provocative clothes. He further stated that these people should enter

churches or temples with just their underwear if they don’t believe in dressing etiquette80

.

To date, no actions have been taken on Ridhuan Tee despite his racist remarks and

provocations.

PERKASA & Its President Ibrahim Ali

On 4th October 2015 during PERKASA’s Annual General Meeting in Selayang Ibrahim Ali was

reported to have said Chinese only get news from distorted sources which create confusion

as well as one-sided information from the DAP and PKR leaders. He was making references

to the ‘yellow’ (Bersih electoral reform group) and ‘red’ shirt (Malay Supremacist group)

phenomenon where racial issues had surfaced saying that Malays are not against all

Chinese, but only those who insult Malays and Islam.

He said that Chinese and Malays need each other as Chinese would not be comfortable and

safe if the Malays are not united. He added that Chinese know that Malays make up the

majority of the population and so Malays are the biggest group of consumers. Hence, it is

important for Malays to be united so that they the Chinese can be safe.

.

6. Political Groups, Hate Speech and Racial Statements

Politics in Malaysia have long been race-based with political parties on both sides of the

divide especially by the ‘Barisan Nasional’ (National Front) Government using race and racial

issues and sentiments to maintain their power and controlling their constituencies and the

voters. For instance in 2011 in Perak, an opposition leader made a distasteful remark about

the Chief Minister describing him as a ‘metallic black person82’.

In 2015 there were improvements among opposition political parties as there were no

significant reports of expressions, utterances and behaviours on racial sentiments, hate

speech and provocative racist statements made by their leaders as compared to their

counterparts in the ruling coalition especially among UMNO leaders.

Reactions to the Chinese ambassador’s statement

On the eve of the cancelled 2nd ‘red shirt’ rally scheduled for 26 September 2015 and

organized by Jamal MD Yunos, the Chinese ambassador to Malaysia, Dr Huang Huikang

visited Petaling Street (Kuala Lumpur’s Chinatown) and made a statement that China

opposed terrorism and any form of discrimination against race.

.

Deputy Agriculture and Agro-based Industry Minister Tajuddin Abdul Rahman then warned

that he would ‘slap’ the Chinese in Malaysia if they took their complaints outside of the

country. He also stated that the Chinese should stop ‘fantasizing’ that external powers or a

‘Godfather’ from China would defend them.

.

He later denied making such statements but an audio recording of his statement was

already uploaded by online news portal Malaysiakini. His actions were then defended by

UMNO secretary-general Datuk Seri Tengku Adnan Tengku Mansor by saying that the

Deputy Minister was misled by social media and subsequently acted out in anger.

.

UMNO Youth Leader Armand Azha Abu Hanifah made a statement demanding the Chinese

ambassador to Malaysia to explain his statement and for him to apologize for his statement.

The UMNO Youth Leader then accused the Chinese community as the ones who were

disrupting peace lately by provoking and insulting Malays and their leaders.

.

UMNO Supreme Council member justifies Racism is allowed in Islam

During the 16th September 2015 red shirt rally, UMNO Supreme Council member, Tan Sri

Annuar Musa was quoted to have said that racism was allowed in Islam except when it

involved oppressing others. He further admitted that that he is racist but based on Islam and

then he further quoted a hadith (sayings of a Prophet) on ‘Assobiyah’ (Arabic term for pride

in one’s tribe).

.

Tan Sri Annuar Musa defended his admission and further claimed that Chinese and Indians

are also the same. He posted in the Facebook saying that “Chinese and Indians are among

the many races with strong racial tendencies. That is why wherever they go and live, they

will form colonies such as Little Indias and Chinatowns. They also fight to preserve their

culture, language and education system. Malays are also like that”.

He later retracted saying that he was misquoted and admitted that the Prophet Muhammad

condemned racism in Islam. He then twisted again admitting that he was a racist if it is

defined as loving one’s own race and continued to justify himself by saying he has a strong

Malay spirit.

.

Racialising Statement on GST

Wanita MCA Chief, Datuk Heng Seai Kie was alleged to have made a racist statement

regarding the GST during her interview with China Press. She was reported to have said that

the Chinese should support the GST as Malays would need to pay more as the two

demographic patterns of the Chinese community, namely being of high income and having

few children should be the reasons why they should not oppose GST.

As opposed to the system under the old tax, the Chinese community made up 90% of

taxpayers due to their high income status but under the GST which is based on

consumption, the Chinese community (low birth-rate) will benefit. She also stated that,

since the Chinese community have fewer children, their consumption will be less so GST

system is beneficial to them.

.

However, Datuk Heng later denied and said China Press had racialised her statement on the

Goods and Services Tax. She further stated that she is saddened that her remarks on GST

during an interview with China Press were spun out of context by opposition parties to

recoup votes in retaining Permatang Pauh by-elections. She further stated that there should

be no racial profiling related to GST and the opposition should not make this a big issue with

the Malay community. China Press had since then apologized to Heng for twisting her

statement.

.

‘Malay Unity’ and Racism, a political agenda

PAS has declared that it is willing to bury past differences and cooperate with the ruling

UMNO. PAS secretary-general Takiyuddin Hassan stated that PAS’ mission was based on

Islamic Syariah principles and that the party would be open towards others with the same

principles.

He further stated that PAS is ready to be parties for the good of Muslims based on the key

word, unity based on Syariah. PAS was also seen to have made an agreement to work

together with right-wing group Perkasa on issues related to Islamic and Malay interests.

.

Prime Minister Datuk Seri Najib Razak in his speech in the UMNO General Assembly 2015

had warned Malaysians against voting for the opposition. He was quoted to have said that

the people have two options, that is to choose between a coalition led by UMNO or a

coalition dominated by the Democratic Action Party (DAP) (Chinese-based party).

He also said that if UMNO is rejected, disaster would take place and the country will be

ruled by those who are against the Islamic struggle and those who reject the fight for

Malays and Bumiputeras.

On another occasion, Prime Minister Datuk Seri Najib Razak, in an UMNO meeting was

quoted to have said that the Malays would be damned without UMNO. He also said that

UMNO members were needed to protect the party because if UMNO lost power, the Malays

and Islam would be damned95

.

Former Deputy Prime Minister said Bumiputeras are not racists for claiming their rights

In 2015 then Deputy Prime Minister Tan Sri Muhyiddin Yassin had made a statement that

the Bumiputera majority should not be called racists for demanding what is rightfully theirs.

He said the Bumiputera community which made up the majority of residents in the country

have been lamenting about their conditions of being sidelined from the country’s

mainstream economy and have demanded the execution of a policy to protect them. But

that did not mean their demands are race-centered.

He further stated that the government would not forsake the needs of other races in its

agenda to improve the Bumiputera economy. He also added that failure to safeguard the

rights of the Bumiputera would result in conflicts and crises within the country96. He further

stated that the fair and just distribution of the nation’s wealth is important to ensure

continued peace, stability and prosperity.

Member of Parliaments and Racially Derogatory Words

An UMNO lawmaker, Datuk Seri Abdul Azeez Abdul Rahim made a racist remark to an

opposition lawmaker who was interrupting him when directing a question to the Deputy

Prime Minister Datuk Seri Ahmad Zahid Hamidi. He was reported to have said, “Sit down

apek” (old man) and added “balik tongsan” (go back to China)98. He later explained that it

was in jest claiming that he was once called ‘tambi’ (Tamil for little brother) but he took it in

stride.

.

7. Xenophobic Behaviour

Apart from inter-ethnic discrimination in Malaysia, xenophobic behaviours were also

prevalent in Malaysia. Such forms of discrimination and hostility towards are examples of

xenophobic behaviours manifesting among Malaysians today. Furthermore it is common

that migrant workers and other low income foreigners are often associated with criminal

activities in the country.

Foreigners banned from condominiums

In 2013, a condominium at Bandar Sri Subang banned ‘African’ tenants from renting any

units in the condominium building complex. A memo was circulated among its residents

stating that African tenants caused a lot of nuisance..

Another similar case occurred in a condominium in Shah Alam, Selangor which hung a

banner saying “Foreigner, you are not welcome to stay here” in an apparent ban to non-native

tenants. A spokesperson said the management of Alam Prima condominium was not

against foreigners living there but they were allowed to stay for not more than three

months. He said that tenants should inform the management if they wanted to stay for

longer periods. He also explained that the no-foreigner policy was implemented to prevent

foreigners from being culturally insensitive towards their 98% bumiputera Malay

community.

.

Sabah and Sarawak Chief Justice’s remarks on Pakistanis in Sabah

Chief Justice of Sabah and Sarawak Tan Sri Richard Malanjum was reported to have said that

the Immigration and National Registration Departments should determine if the documents

held by every Pakistani in the state were in order. He said there are many Pakistanis in the

state because it was easy for them to obtain improper documents.

Malanjum was also quoted telling the five Pakistanis in the revision application by the

prosecution against the sentence imposed on them for using visas and social visit passes

obtained with false particulars not to come to Sabah if they do not have valid documents.

He also told them to tell their friends or write a letter about this that Sabah is ‘neraka’

(hell).

.

In response to the situation, a former Sabah lawmaker had demanded that Malanjum

apologized for allegedly making racist statements against Pakistanis in the state. The former

Libaran MP Datuk Akbar Khan Abdulrahman who is of Pakistani origin said he was disgusted

with Malanjum’s remarks which implied that each and every Pakistani in Sabah should have

their documents examined. He further stated that the racist statement was offensive for

Malaysian citizens of Pakistani origin who were born and bred in Sabah103. He said that

while enforcement and action against illegal immigrants and those who falsified

government documents were welcomed, the people should not condone racism and

xenophobia.

CONCLUSION

It is undeniable that combating racism and xenophobia in a multiracial and religious country

like Malaysia is quite a challenge and it takes more than one side to affect substantive

changes. It has to be a collective effort by multi-stakeholders especially the government

willing and ready to engage with civil society organizations, academicians, media, and other

sectors of Malaysian society to address this phenomenon.

Several aspects have to be addressed especially pertaining to the policy and practices of

racism and racial discrimination in Malaysia. The Malaysian Government must adhere to and

ensure implementation of basic human rights spelled out in the Federal Constitution as well

as universally accepted documents such as the Universal Declaration of Human Rights

(UDHR) and the International Convention on the Elimination of All Forms of Racial

Discrimination (ICERD).

It has to do more than merely paying lip service towards goals and ideals to wipe out racism

and discrimination in the country. Serious attention has to be given to changes in policy and

practices to ensure this is achieved in the most effective manner. It is indeed high time to

institutionalise a new Malaysia where all can feel equal under the Malaysian sun. It means a

reorientation of its people and especially the government to respect and engage diversity in

a human rights way.

To conclude this 2015 report, the following are some significant recommendations to the

Malaysian government:

 It is very important that the government takes the lead and initiative to carry out intense

and widespread public and social awareness education through mass campaigns, public

information and especially through the formal education system, in order to educate,

promote and instil consciousness and eradicate racism and discrimination at all levels of

the Malaysian society. Starting from Government Ministers; Parliament members, State

Assemblymen; all senior politicians, Town and City mayors and local councillors;

Department heads and senior staff members in all government agencies and

departments of the civil service and all enforcement agencies including the armed forces

and so forth.

 The Government in collaboration with CSOs diligently and systematically to monitor,

check and ensure zero tolerance for policy and practices of racism and discrimination in

all levels of governance. For instance among high ranking officers to refrain from

adopting and behaving in racist manners which is counterproductive to achieving

national unity and social cohesion in the nation.

 The government in its battle against racism and xenophobia must be willing to impose

heavy legal and formal sanctions (in line with international human rights norms) on any

government Ministers, senior officers, elected representatives, organisations and groups,

individuals, politicians, mass and social media groups who exhibit racist and

discriminatory tendencies and in speech and actions.

 Law and policies have to be reviewed and the JPNIN must be empowered to be the lead

agency to deal with this in a comprehensive manner and not just on a departmental level

only. CSOs and independent bodies must be consulted and be part of this process.

 The government should also immediately release its findings and recommendations

made in the National Unity Blueprint put forth by the NUCC established in 2013. It is time

to openly view the National Harmony Act proposed by NUCC which balances the right to

freedom of expression and the criminalising of hate speech in adherence to international

human rights norms. The Malaysian people must be meaningfully engaged and be part of

the process of implementing these recommendations.

Malaysia must be serious in the long overdue ratification of the International Convention

on the Elimination of All Forms of Racial Discrimination (ICERD) which commits its

members to the elimination of racial discrimination and the promotion of equality and

unity among all races and requires them to create mechanisms, change laws and policies

to minimise and eradicate racial discrimination and condemn any group or organization

that perpetuates it. To date, 176 United Nations member states have ratified ICERD but

sadly Malaysia being a member of the Human Rights Council, till now has not ratified the

convention. It is also among the 15 countries including North Korea which has not ratified

this convention.

The government must remove reservations on non- discrimination and equal

opportunity in the Convention on the Rights of the Child (CRC)104 particularly Article 2

(1)(2) and 14(1); and its declaration made upon ratifying the Convention on the Rights of

Persons with Disability (CRPD). 105 Furthermore not to only hold the application and

interpretation of the Malaysian Federal Constitution separately from the CRPD.

Incidentally the Malaysian government is signatories to both conventions. Refer to the

above mentioned Articles of both conventions below:

The Government must uphold not renege on its promises and declarations to eliminate

all forms of intolerance, discrimination and incitement of hatred based on religion and

beliefs they have committed to international and regional platforms such as the UPR

process in Geneva and the ASEAN Human Rights Declaration.