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Juris Tutorial Work - Drafting Provisions
- 1. © Aliah Amran 4/11/2019
Jurisprudence Tutorial Work
30 minutes dicuss.
15 minutes draft clause.
Function Background Research Suitable Provisions
b) To preserve
and enhance
multiculturalism
and
harmonious
relationship
among
members of
the society.
Multiculturalism is introduced by Canadian Royal
Commission in 1965. It is used in three senses:
to refer to a society with ethnic or cultural
heterogeneity (the quality or state of being diverse
in character or content);
to refer to an ideal of equality and mutual respect
among ethnics or cultural groups; and
to refer to policies implemented by the federal
government in 1971 and subsequently by a number
of provinces.
Prime Minister Peirre Trudeau formalized a policy in
1971 to:
to protect and promote diversity,
to recognize the rights of Aboriginal peoples, and
to support the use of Canada’s two official
languages (French and English).
21 July 1988, the Progressive Conservative (ideology
that tries to unite conservative and progressive ideas)
government of Brian Mulroneypassed the Canadian
Multiculturalism Act.
Public Response
Monopoly of political and economic affairs into
cultural activities, excluding other ethnic groups
from power and influence.
Considered as bribes for ethnic vote.
The Malaysian Multiculturalism Act to ensure that every
Malaysian receives equal treatment by the government
which respects and celebrates diversity.
The Act also:
recognizes Malaysia’s multicultural heritage and that
this heritage must be protected
recognizes aboriginal rights
recognizes Malay as the official language but that
other languages may be used
recognizes equality rights regardless of race,
religion, etc.
recognizes minorities' rights to enjoy their cultures.
Section 3 (1) of the Act as an example
It is hereby declared to be the policy of the Government of
Malaysia to:
(a) recognize and promote the understanding that
multiculturalism reflects the cultural and racial diversity of
Malaysian society and acknowledges the freedom of all
members of Canadian society to preserve, enhance and
share their cultural heritage
(b) recognize and promote the understanding that
multiculturalism is a fundamental characteristic of the
Malaysian heritage and identity and that it provides an
invaluable resource in the shaping of Malaysia’s future
- 2. © Aliah Amran 4/11/2019
Ambiguities in policy statements: Distinction
between cultural assimilation and structural
intergration are not clearly articulated.
Malaysia’s model of multiculturalism
Based on policies to manage inter-group tensions,
prevent violence and pursue social justice between
ethnicities as a result of the past.
New Economic Model put forward by Najib Razak
when he became Prime Minister in 2009: Promoting
1Malaysia concept
Remained mere rhetoric because there are no
necessary conditions placed.
Perkasa sees the concept as undermining
Malay rights while non-Malays view it as another
ploy by the state to win votes and not as
genuine effort to unite the ethnic groups in
Malaysia.
Malaysia used the groups’ differences against one
another
Malay fear Chinese economic power
Chinese fear Malay’s political might
Principles to ensure social harmony in Singapore
Multiculturalism: Singapore’s different ethnic
groups coming together as one united people,
without giving up their cultural heritage or beliefs. At
the same time, our common national identity takes
precedence over our ethnic or religious identities.
Secularism: Backed by the rule of law, the State is
secular, but not against religion. Everyone has the
right to practise their religion freely. While religious
organisations are consulted in policy matters that
(c) promote the full and equitable participation of individuals
and communities of all origins in the continuing evolution
and shaping of all aspects of Malaysian society and assist
them in the elimination of any barrier to that participation
(d) recognize the existence of communities whose members
share a common origin and their historic contribution to
Malaysian society, and enhance their development
(e) ensure that all individuals receive equal treatment and
equal protection under the law, while respecting and valuing
their diversity
(f) encourage and assist the social, cultural, economic and
political institutions of Malaysia to be both respectful and
inclusive of Canada’s multicultural character
(g) promote the understanding and creativity that arise from
the interaction between individuals and communities of
different origins
(h) foster the recognition and appreciation of the diverse
cultures of Malaysian society and promote the reflection and
the evolving expressions of those cultures
(i) preserve and enhance the use of languages other than
Malay, while strengthening the status and use of the official
languages of Malaysia; and
(j) advance multiculturalism throughout Malaysia in harmony
with the national commitment to the official languages of
Malaysia.
- 3. © Aliah Amran 4/11/2019
may have an impact on their community, the
Government reserves the right to make the final
decision.
Meritocracy: Opportunities are bestowed based on
individual merit and performance, without bias to
any race, creed or social-economic background.
While this may not result in equal outcomes, it
guarantees that all Singaporeans have a fair chance
to succeed according to their own talent and effort.
A National Commitment to Equality
One of the first manifestations of these principles
was our Constitution, which guarantees the right of
every person to embrace and practise his religion
freely. 1
The Constitution protects religious freedom:
every individual has a constitutional right to profess,
practise and propagate his religion as long as such
activities do not affect public order, public health or
morality. Our commitment to being “one united
people regardless of race, language or religion” is
also enshrined and resonantly expressed in our
National Pledge, drafted in 1966 by Singapore’s first
Foreign Minister Mr S. Rajaratnam.
A Common Language for All
To be able to live together, we must first be able to
communicate and understand one another. The use
of English as a common language of administration
and instruction after Independence helped to unify
all Singaporeans without privileging any one cultural
group, even as the different communities were
encouraged to preserve their own languages and
cultural roots. This allowed a common civic space to
develop in which Singaporeans could share
- 4. © Aliah Amran 4/11/2019
experiences, memories, and values and form a truly
national identity.
Protecting the Rights of Minorities
Fully aware that unjust or discriminatory treatment
could lead to resentment and disharmony,
Singapore’s government took pains to treat all
ethnicities and faiths fairly, and to enact legislation
soon after Independence to protect minority rights
and privileges. The Presidential Council for Minority
Rights was introduced in 1970 as a safeguard to
ensure that the Government does not implement
any law which discriminates or disadvantages any
race, religion or community.