No human rights for racists and fascists
Kua Kia Soong
Do racists and fascists have a human right to express their warped anti-social and anti-democratic rantings in public? Those who claim that racists and fascists should be allowed to assemble and spew racist and fascist filth in public have failed to recognize that the right to peaceful assembly has to be consistent with international conventions against racism, racial discrimination and incitement to racial hatred. More importantly, any appeal to human rights has to be consistent with the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).
Clearly, the publicity by the so-called ‘Red Shirts’ for the September 16 rally calling for defence of “Malay dignity” and threatening the Chinese in this country with bloodletting goes beyond the pale of the democratic right to assemble and the freedom of expression.
Racial hatred or racial vilification is any statement by specified persons which is likely to offend, insult, humiliate or intimidate. This includes racially offensive material; racially offensive comments or images in publications such as leaflets or flyers; racially offensive speeches at a public rally as well as racially abusive comments in public places.
The Convention on the Elimination of All Forms of Racial Discrimination (CERD)
Malaysia still does not have the moral courage or the gumption to ratify this vital international treaty to combat racism and racial discrimination and all forms of intolerance precisely because it allows racial discrimination and periodic demonstrations by racists and fascists who try to intimidate peace-loving Malaysians whenever they call for reforms and civil rights.
This is certainly not the first time that we are witnessing such expressions of such crude racism and calls for bloodletting. In the prelude to Operation Lalang, UMNO Youth organized a rally at the Jalan Raja Muda Stadium in Kuala Lumpur at which racist and fascist slogans were displayed calling for, among other things, ‘SOAKING THE KERIS WITH CHINESE BLOOD’. This is documented in the Government White Paper on the October 1987 Affair.
By ratifying the CERD, the Malaysian government would be obliged to enact specific laws outlawing racism and racial discrimination as well as submit regular reports to the CERD Committee on how the rights are being implemented.
A Racial Discrimination or Equality Act
A Racial Discrimination or Equality Act that exists in countries which have ratified the CERD is aimed at ensuring that citizens of all backgrounds are treated equally and have the same opportunities regardless of race, colour, descent, national or ethnic origin, and immigration status. Such a law also outlaws racial hatred and protects anyone who is harassed because of his or her race.
Employers have a legal responsibility to take all reasonable steps to prevent racism and racial discrimination and should have policies and programs in place to prevent racial discrimination in the workplace.
Balancing the right to live free from racial hatred and the freedom of expression
To strike a balance between the right to live free from racism and the right to communicate freely, countries that have ratified the CERD make a provision for actions that are ‘done reasonably and in good faith’ even if they are done in public. These may include artistic works or performances in which racially offensive attitudes are expressed by a character; statements, publications, discussions or debates made for genuine academic or scientific purposes, or making fair comment about racially offensive conduct.
Making a complaint to the Equality & Human Rights Commission
Countries that are genuinely concerned about eliminating racism, racial discrimination and related intolerance would have instituted an Equality & Human Rights Commission and it would be incumbent upon the Commission to investigate any complaint by citizens and to resolve it. If the complaint is not resolved, it can be taken to the courts. The Commission undertakes a wide range of activities to build awareness about the rights and responsibilities that individuals and organisations have under the Racial Discrimination or Equality Act including national consultations, conferences, community and online forums.
Zero tolerance for racists and fascists
Apart from the appeal to international conventions against racism and racial hatred, our multi-ethnic society cannot tolerate any public expression of racial hatred or racial vilification which is likely to offend, insult, humiliate or intimidate. There should be no platform for the so-called ‘Red Shirts’ September 16 rally calling for defence of “Malay dignity” and threatening the Chinese in this country with bloodletting. They cannot appeal to the democratic right to assemble and the right to freedom of expression simply because they have grossly violated the International Convention on the Eradication of All Forms of Racial Discrimination.
