FIRST DRAFT TOPIC: RACISM RACISM IN MALAYSIA GENERAL STATEMENT: Racism is an inevitable issue that plagues each and

every place in the world including Malaysia which is known as a multiracial country. Racism exists when one ethnic group or historical collectively dominates, excludes, or seeks to eliminate another on the basis of differences that it believes are hereditary and unalterable. Racism is man's gravest threat to man - the maximum of hatred for a minimum of reason (Abraham J. Heschel). THESIS STATEMENT: The issues of racism arise due to the racist hallmark of racial discrimination, racist speech and racialization in Malaysia. PHARAGRAPH 2 1. TOPIC SENTENCES 1 The issues of racism arise due to the racist hallmark of racial discrimination occurred. 2. SUPPORTING DETAILS: a. Today, social scientists view race not as given biological reality but as a socially constructed reality. Sociologist Oliver Cox define race as any people who are distinguished, or consider themselves distinguished, in social relations with other peoples, by their physical characteristics. (Racial and Ethnic Relations, 2011) b. Malaysia is known to be a multiracial country.Ethnic composition of Malaysia: Malays 53.3%, Chinese 26.0%, indigenous 11.8%, Indians

7.7%, others 1.2%. (Institutional Racism and Religious freedom in Malaysia, Human Rights Commision, 2011) c. Malaysia has the hallmark of racist as Malays are seemed to be given more priority in any public sphere. The Federal Constitution basically establishes 2 classes of citizens; vide Article 153 which is a deep-rooted racist provision in

the Constitution that sanctions implementation of all racist policies in Malaysia to the disadvantage of the minority non-Malay/Muslim population. The Malay supremacy or Malay dominance narrative holds that the Malay people are the tuan (masters) of Malaysia and the Chinese and the Indians, who form a significant minority are beholden to them for granting them citizenship. (Institutional Racism and Religious freedom in Malaysia, Human Rights Commision, 2011) d. Based on the case of Sagong Tasi & 6 Ors vs Kerajaan Negeri Selangor & 3 Ors (2002, 2AMR 2028) that involving the land rights of the Orang Asli, the indigenous peoples of Malaysia. This Orang Asli was forcibly evicted by the Selangor state government in 1995 in order to build a highway linking to the Kuala Lumpur International Airport. 3. CONCLUDING SENTENCE If the result or outcome of established laws, customs or practices is racially discriminatory, then racial discrimination can be said to have occurred. PHARAGRAPH 3 1. TOPIC SENTENCES 2 Racism is also a very sensitive topic for some people, as issues concerning free speech come into play. 2. SUPPORTING DETAILS Some people argue that talking about supporting racial discrimination and prejudice is just words and that free speech should allow such views to be aired without restriction. Others point out that these words can lead to some very dire and serious consequences. (Anup Shah, 2010) a. Article 19 of Universal Declaration of Human Rights stated that everyone has the right of freedom of opinion and expression. (Universal Declaration of Human Rights) b. Article 10 (1) (a) of Federal Constitution stated that every citizen has the right to freedom of speech and expression. (Federal Constitution).

c. The Federal Constitution entrenched with a racist provision vide Article 153. Questioning any matter, rights, status, privilege etc. of Article 153 is considered a challenge to the Malay Supremacy. (Federal Constitution) d. It is possible that the matter of special privileges may have influenced greater restrictions on the right of free speech since it creates a defensive mind set on the part of the indigenous community.

3. CONCLUDING SENTENCES The issue of freedom of speech will never disappear in Malaysias political agenda as long as unreasonable restrictions exist. PHARAGRAPH 4 1. TOPIC SENTENCE 3 The issues of racism arise as the racialization occurred in Malaysia. 2. SUPPORTING DETAIL The practices of racialization in Malaysia can be seen from the government policy in administration, education and economy sector. a. The various state policies have been creatively crafted and carved into a jigsaw of a reinforcing racist system. The control of the Government apparatus by the Malays. More than 77% of the Government administration members are of Malay ethnicity. (Institutional Racism and Religious freedom in Malaysia, Human Rights Commision, 2011) b. There should be no discrimination against any citizens in education as stated in Article 12 of Federal Constitution, rights in respect of education. (Federal Constitution) However, admissions into public Universities are more than 80% reserved for the Malays. (Institutional Racism and Religious freedom in Malaysia, Human Rights Commision, 2011). While, most of the funds go for scholarships to Malay Muslim Students. (Human Rights Foundation Malaysia, November 2011) c. Different race are treated differently in economic system in Malaysia through Malaysian New Economic Policy (NEP); a determined and divisive socio-

economic restructuring affirmative action program launched by the Malaysian government in 1971. The entire range of government administrative policies, annual budgets, economic programs, education, job opportunities in public sector, grant of land, business opportunities, permits or licenses for any business or trade are tilted to favour Malay Muslims and are meant to segregate. (Institutional Racism and Religious freedom in Malaysia, Human Rights Commision, 2011) 3. CONCLUDING SENTENCES: The treatment received by the minorities in Malaysia relating to public and private bodies clearly establishes that racialization is occurring in Malaysia. CONCLUSION: The hallmark of racism of racial discrimination, communal speech and racialization has become the factors of the racism arisen in Malaysia. It is quite impossible to achieve the aim of zero racism in Malaysia, but in order to reduce it; our Human Right Commission should extend its jurisdiction to encourage greater integration and better race and ethnic relations.

LAW J
BEL 342 ASSIGNMENT LEGALTERM PAPER FIRST DRAFT
TOPIC: RACISM

PREPARED BY: NURSYAFIAH ATHIRAH BT AHMAD SHAFIQUE 2011298492

PREPARED FOR: SIR HIU LUANG PENG