Chapter 3- Report of the Research and Policy Development Group 6. REVIEW OF LAWS In 2014, the Commission conducted several studies on a number of proposed laws and Bills, as below. (a) Racial and Religious Hate Crimes Bill The Commission noted that the Bill will make it an offence to incite racial or religious hatred. It will also make it an offence to engage in conduct that is intended to bring hatred and contempt of a Ruler. The Commission emphasises that criminalising hate crimes is in tandem with Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) which requires State parties to penalise the following four categories of misconduct, including hate crimes: i. Dissemination of ideas based on racial superiority or hatred; ii. Incitement to racial hatred; iii. Acts of violence against any race or group or persons of another colour or ethnic origin; and iv. Incitement to acts under (iii) above. In addition, Article 20 of the International Covenant on Civil and Political Rights (ICCPR) obliges States to criminalise the advocacy of “national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.” Based on the above arguments, the Commission calls on the Government to ensure that the scope of such law is confined strictly to the punishment of hate crimes and not the expression of any opinions or views. Controversial ideas and opinions made in the context of academic debates, political engagement or similar activity and without incitement to hatred, contempt, violence or discrimination, should be regarded as legitimate exercises of the right of freedom of expression. (b) National Harmony and Reconciliation Bill The Commission took cognisance of the intention of the Bill, which is to operationalise Article 8 of the Federal Constitution which requires the Government and other non-State actors to uphold the principle of equality. It also seeks to prohibit unfair discrimination on the grounds of religion, race, descent, place of birth, gender and disability within the educational, political, economic, social, cultural or any other field of public life. This Bill expressly preserves any privileges granted to the Bumiputera and natives under Article 153 of the Federal Constitution. After reviewing the Bill, the Commission proposes as follows: 76