Racial discrimination, racism and xenophobia
Racial discrimination is a long-standing issue affecting people around the globe. The emergence of the COVID-19 pandemic early 2020 observed an escalation of racial discrimination against non-citizens and minorities in many places around the world including in Malaysia.
Article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) 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.
Racial discrimination is against the principle of equality under Section 8(1) of the Malaysian Federal Constitution which stated that all persons are equal before the law and entitled to the equal protection of the law.
While racial discrimination focuses on the discriminatory actions, racism inclines towards bias, prejudice, discrimination or hatred that are reflected in one’s attitudes, practices and beliefs which could lead to discrimination and exclusion because of their colour, ethnicity or national origin.
“Racist remark and xenophobia responses in Malaysia”
Malaysia is a diverse country consisting of different ethnicities. Based on 2021 national data, Malaysia’s population is estimated at 32.7 million inclusive of 2.7 million non-citizens.[1] It was reported by the UNHCR that, as of end January 2022, there are some 181,510 refugees and asylum-seekers registered with UNHCR in Malaysia.
As Malaysia grappled with the spread of the COVID-19 pandemic in 2020, we also witnessed the flare-up of racist remarks and xenophobic sentiments toward foreigners in Malaysia alongside demands for them to return to their countries of origin. There were times when public and political discourse have portrayed migrant workers and refugees as potential threat to national security and may jeopardise the nation’s social and economic development. Nevertheless, positive actions by the Government to deal with the COVID-19 vis-à-vis foreign migrants and refugees such as providing free testing and treatment for COVID-19 to migrants, including undocumented workers, refugees and asylum seekers and distributing food provisions through the Welfare Department and CSOs have helped suppress public xenophobic sentiments towards them.
“Why Racial Discrimination, Racism and Xenophobia are against human rights”
Racism, xenophobia, discrimination and intolerance have been affecting the society everywhere. Racism is not only harmful to the lives of those who suffer from it but also to the society as a whole and it amplifies mistrust in that it projects suspicions among each other and tearing the social unity apart. Racism and racial discrimination exist in many forms and impact many aspects of one’s life which could include the ability to find a job, equal access to education, healthcare housing, food, water or get fair treatment in justice.
“Moving towards National Unity and Social Cohesion”
According to the Global Peace Index (GPI) 2020, conducted by the Institute for Economics & Peace (IEP), Malaysia was ranked the 23rd most peaceful country in the world. Given Malaysia’s multi-racial society with various religions and ethnicities, the Human Rights Commission of Malaysia (SUHAKAM) acknowledges that there are challenges in maintaining the country’s stability and peace.
Nevertheless, the diversity that we have here could be deemed as one of the nation’s strengths, with the condition that we are bonded by four key components which are social relationships, connectedness, orientation towards the common good and equality. These components require good governance and respect for human rights.[2]
SUHAKAM commends the Government’s move in accepting all recommendations made to Malaysia through its third Universal Periodic Review (UPR) by the Human Rights Council (HRC) in 2018 on national unity to maintain social cohesion in the country followed by the launch the National Unity Policy and Action Plan 2021-2030 in 2021.[3]
The policy outlines among others, continuous efforts to strengthen the unity and national integration based on the Federal Constitution and the Rukun Negara (National Philosophy) aiming at forming a national identity premised on patriotism, care, mutual respect and responsibility, as well as the appreciation to foster and strengthen the unity of the people. In line with the Keluarga Malaysia aspiration, we should strive for inclusivity, ensure common citizenship standard and respect the dignity of all, as opposed to our lives being dictated by the majority rule to the detriment of others.
Developing aspirations and policies are important. Nevertheless, what is more critical is their meaningful execution which should be effectively monitored in order to promote national harmony, unity, reconciliation, integration and non-discrimination. This could include the enactment of relevant laws that focus on improving, safeguarding and encouraging beneficial race/ethnic relations.
“All human beings are born free and equal in dignity and rights”
This is an opportune time to remind all Malaysians the sad fact that ingrained racism, subtle forms of racial discrimination and related intolerance occurs in Malaysia. We must rise to discard this from our society.
Racism, xenophobia and intolerance elicit hatred and distrust, thereby precluding any attempts to understand circumstances of those at the receiving end, or efforts to create an empathetic, harmonious society.
It is time to move beyond the surface of unity and undo the decades of systemic racial discrimination. Article 1 and 2 of the Universal Declaration of Human Rights (UDHR)[4] proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set out therein, without distinction of any kind. Hate speech, racial stereotyping, politicisation of race as well as targeting refugees and migrant workers in social media attacks and petitions calling for their repatriation must be stopped.
SUHAKAM upholds its position that all human beings, regardless of their background, ethnicity and nationality, deserve to be treated with respect and dignity. In commemorating the International Day on the Elimination of Racial Discrimination which is annually celebrated on 22 March, each and every one of us should stand up against racial prejudice and intolerant attitudes as racism is morally wrong, in principle. The ability to look beyond religion, race, descent or place of birth is a what we need to cultivate in a harmonious multiracial society such as in Malaysia. Racism, racial discrimination and xenophobia have no place in any society.
[1] Current Population Estimates Malaysia, 2021 https://www.dosm.gov.my/v1/index.php?r=column/cthemeByCat&cat=155&bul_id=ZjJOSnpJR21sQWVUcUp6ODRudm5JZz09&menu_id=L0pheU43NWJwRWVSZklWdzQ4TlhUUT09
[2] Search for Common Ground global training modules, the United Nations Development Program
[3] A national policy on unity will be introduced to promote social cohesiveness and harmony as well as capitalise on diversity as an asset to strengthen national unity.
[4] The Universal Declaration of Human Rights is a historic document which outlined the rights and freedoms everyone is entitled to
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