KUALA LUMPUR: Tourism and Culture Ministry is looking into introducing a law that will enable legal action to be taken against discriminatory actions that violate the Federal Constitution.
Its Minister Datuk Seri Nazri Aziz said currently, the available Acts under the ministry has no such provision for it to take action against discrimination.
He said this following action by a number of organisations, including hoteliers, to ban frontliners from wearing the hijab.
"If the Act exists and states that discrimination is not allowed, then action can be taken. So far, the existing act under my ministry has no such provision,” he said at a question and answer session today.
“The ban on employees wearing hijab violates the constitution as every person in Malaysia has the right to freely practice their religion. However, there is no act relating to the violation of the constitution.
“The government can only take action if there is a provision on discrimination in any of its Acts.
“To date, there is no act stating that an action can be taken on any breach of constitutional requirement.
"Thus, if there is a need, we can establish an Act against anyone who violates the constitution,” said Nazri in a reply to a question from Anuar Abd Manap (BN - Sekijang) during the minister’s question time in Dewan Rakyat, here today.
Meanwhile, Nazri also proposed that hoteliers standardise their uniforms according to one’s race and religion.
“For example, they can create a standard saree for Indians and cheongsam for Chinese. The same goes for Malays,” he said, adding there may be isolated cases of Sikh frontline hotel staff being banned from wearing turbans.
Earlier, Nazri stated the hijab ban had violated Article 3 of the Federal Constitution which states that Islam is the religion of the federation and that other religions can be practiced freely in any part of the federation.
It also violates Article 8 (2) that there shall be no discrimination against citizens on the grounds of religion, race, descent or place of birth in any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.
Reporting by FARHANA SYED NOKMAN, VEENA BABULAL AND FERNANDO FONG