Key Issues While it is observed that the intention of the draft Bill is in line with Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and Article 20 of the International Covenant on Civil and Political Rights (ICCPR), both of which oblige States to criminalise the advocacy of “national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence”, 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 extended to those expressing valid dissatisfaction or exercising their right to express their views and opinions. (c) National Harmony and Reconciliation Bill It has been argued that Malaysians are becoming more and more segregated and fragmented, and tend to keep company with those of a similar racial background. Many have drawn the inference that although Malaysians live alongside each other peacefully, what the nation has now is mere tolerance and not unity. In the opinion of the Commission, unity, just like belief, must be nurtured, and it must be nurtured from a young age. Nurturing unity requires concerted commitments from all levels of society. Institutional support for unity is paramount. Schools and homes should be spaces where unity is planted and fertilised. Teachers’ and parents’ roles and exemplary conducts are vital in nurturing unity. While some have argued that laws are not the best agents of change, one cannot deny the fact that laws shape attitudes, and attitudes influence behaviour. It is on this basis that the Commission firmly believes that, coupled with political will, the adoption and proper implementation of the proposed National Harmony and Reconciliation Bill is essential in enabling an environment of unity. The Commission takes cognisance of the intention of the draft National Harmony and Reconciliation Bill, which is to operationalize Article 8 of the Federal Constitution that places a requirement on the Government as well as 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 sphere of public life. The draft Bill expressly preserves privileges granted to the Bumiputera and natives under Article 153 of the Federal Constitution. In its review of the draft Bill, the Commission proposed the inclusion of ‘age’ within the scope of the non-discrimination provision. This law, if enacted, could also be the impetus for the Government’s accession of many other international human rights treaties, in particular the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). 15