In a cosmopolitan country like ours, such a
legislation will go a long way towards achieving the much sought-after
developed nation status.
With
all the stories of inequalities and injustices in the job sphere in
Malaysia, it is time for the country to have its own tools to ensure
“equal opportunities” for all. Protecting public interest, among others,
should be a valid enough reason to have such a law.
Malaysia needs such laws in place in order to be able to achieve the
much sought-after “developed nation” status. In a cosmopolitan country
like ours, the question of racism and protectionism inevitably arises.
There has been an increase in racial divisions where the minorities
do not get the support and are particularly sidelined in job
applications. And we are talking here of specific minorities in a
country where there is a huge division of people into various ethnic
groups.
This country still practises a certain form of ostracism, putting the
needs of the poor and the economically challenged at the lowest tier
while a certain class of people are given all the facilities, at times
well beyond their needs, though not above their capacity.
Small and medium enterprises (SMEs) are now multi-million-dollar
businesses. What have the authorities done to better the lot of the
smaller ones? One aspect of the job search criteria is the obvious
racial label, in which the advertiser will indicate whether the company
wants “Chinese” or “Malay” employees.
This shows the job in question is for a specific community, but does
it mean that the advertiser is a racist or communal organisation?
Surely, if the business of the organisation is to deal with a specific
community, this type of advertising will be accepted.
Nevertheless, there have been abuses of such criteria by non-communal
companies, and this has to stop. Would a Chinese who speaks fluent
Malay be offered a job as editor-in-chief of Utusan? Or is it a fact
that Utusan is exclusively Malay, hence racist in nature? Can Malaysia
afford such a misfortune in its quest to be on par with the Europeans
and the US?
In the application for loans, the non-Malays are always victimised,
and these are stories that we hear on a regular basis from specific
communities. If you are Indian, there is a chance you will get a loan
and other financial facilities if you are politically protected. It has
nothing to do with merit or need in such applications.
Whereas if you are Malay, there is a plethora of facilities that you
may be granted, with the plus point that you may even default on the
loans. On the other hand, if you are Chinese, there’s no limit to
Chinese bankers and associations in the country who would not support
you!
Knowledge-based economy
In building a knowledge-based economy, Malaysia cannot afford to be
“racist” and “ethnically” driven. It has to adopt modern yardsticks that
will help it achieve its goal of a developed nation status, otherwise
it will just be another banana republic.
In other words, Malaysia will be one of those countries with super
infrastructures, but the people and the administrators would be mentally
challenged. The point is, Malaysia cannot be seen with high-class
facilities and a nation depending on information and knowledge, yet
still practising racism.
In the years leading up to achieving the “developed nation” status,
there will be new spheres in which the country will have to be involved.
Malaysia will have to adopt “new growth policies”, which will accompany
the recently formulated “new growth theory”.
Some of the basic requirements of this theory is the growing
codification of knowledge. Then there is the transmission through
communication and computer networks. This has led to the emerging
“information society”, and it is today a necessity for “developed”
nations.
How will Malaysia reach such a refined level of success if it does
not abandon race-based policies? How will it reach the top of the world
without providing equal opportunities?
Malaysia must achieve equality in the economic sphere. The
authorities must make it mandatory to provide facilities, financial or
otherwise, to all citizens of the country. Malaysia will earn the
respect of the “developed world” if it sheds the racial tag and moves on
to become a modern, united nation. Raising the economic status of the
entire nation is a priority, thus the need for an equal opportunity act.
Such an act should ensure that “no employer or prospective employer
shall discriminate against another person”. And this should include
advertisement of a job, as well as the conduct of interviews. Refusing
or deliberately omitting to employ eligible candidates should be
punishable by law.
By ensuring that all communities are given opportunities to
employment, it will help raise the economic status of the nation in
general. Eliminating racially based decisions in determining who get the
job is essential.
Codes of conduct
The law should also be strict against employers who discriminate
against any employee. This includes conditions at work like occupational
safety, health measures, provision of facilities related to or
connected with employment.
Furthermore, denying the employee access, or limiting access, to
opportunities for advancement, promotion, transfer or training, or to
any other benefit, facility or service associated with employment should
be made punishable.
Employers should be made to bear the brunt of the law if they
deliberately terminate the employment of the employee without validity.
The same should apply if they place the employee at a disadvantage in
any other manner.
In the recent days, we read about municipal council officers ordering
an Indian restaurant not to serve food to Malays. Is the country
heading to such forms of discriminations that there is a need for such
codes of conduct?
If that is the case, then an equal opportunity act should also deal
with such issues. Besides imposing the certification for qualified
non-Muslim restaurants, the act should also state that no person who,
for payment or otherwise, provides goods, services or facilities, shall
discriminate against another person. This is the basis of European,
American and Mauritian laws.
The laws must also state that the refusal to provide customers with
those goods, services or facilities, including the terms of conditions,
should not be biased.
To enforce these bylaws, there is the need for an equal opportunity
tribunal. Such a tribunal should be independent of the executive, free
to act against any abuses. A special division can be set up to gather
evidence of abuses that must be condemned.
The idea is to prevent serious and irreparable damage to a person or
category of persons, at the work place, in the quest for economic
liberation and for jobs.
Ali Cordoba writes extensively on local politics.
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