This article first appeared in The Edge Malaysia Weekly on December 25, 2023 - January 7, 2024

Conversations around diversity have been gaining more traction due to ESG considerations, with the spotlight oftentimes on gender diversity. However, the concept of diversity, equity and inclusion (DEI) is now taking centre stage, as companies are urged to look beyond gender diversity.

One way of approaching DEI is to look at groups that are often discriminated against. Local non-profit, Architects of Diversity (AOD), founded in 2018 by Jason Wee and Sanggeet Mithra and a group of volunteers, released The State of Discrimination Survey 2023 earlier this year to assess the landscape in Malaysia.

The survey, which was answered by 3,238 respondents in Malaysia, revealed that 64% have experienced some form of discrimination in the past 12 months, and 38% were discriminated against based on their socioeconomic status. Ethnicity accounted for 32% of discrimination, and Hindus were more likely to experience religious discrimination.

“The survey is setting a precedent for more work to be done in the space as there has been no localised research in Asia, particularly in understanding how individuals experience discrimination in various aspects of life, specifically the workplace,” says Wee. AOD is a non-profit that aims to bridge communities and identity groups among youth in Malaysia for justice, peace and a sustainable future.

“In Southeast Asia, there are very weak [laws against] discrimination. We want to try and aspire to [be on par with the other] countries.”

The survey sets a crucial baseline for Malaysia, he adds, and is aligned with Sustainable Development Goals (SDG) standards in addressing anti-discrimination in the workplace.

Although strides have been made in gender-related discrimination laws, the racial, disability and socioeconomic dimensions lag significantly in Malaysia, Wee believes. The problem with discrimination is that it is not defined as an offence on the basis of refusal for employment and unemployment, he says.

Beyond laws and regulations, most Malaysians are unaware of the fact that they are being discriminated against due to a lack of awareness surrounding the topic.

The January amendment to the Employment (Amendment) Act introduced avenues for individuals to report violations of the act to the Labour Department. However, the survey, which was conducted within the past 12 months since the law took effect, revealed a lack of effectiveness or awareness of the law.

Barriers such as buried access, insufficient evidence and the substantial time and financial cost associated with the reporting process were cited as the main factors.

“The Public Complaints Management System (SISPAA) is not the most tailored system to help victims and reports. It is going to take a long time for reports to get escalated,” says Wee.

SISPAA is an online platform for the public to file complaints against civil servants, make enquiries and give suggestions regarding government services. This can include complaints made about injustice, abuse of power, mismanagement and other similar acts by government agencies.

The good news is that the survey has garnered positive feedback from companies that are seeking to enhance their DEI efforts, says Wee.

“Having those domains [through the survey] will guide us a bit deeper to where we should investigate in a couple of years. Another thing is [it allows us] to have a sense of who exactly is being discriminated against,” says Wee.

Ultimately, AOD hopes to see an Equal Opportunities Act, consolidating protection in labour, employment, housing and education under a single agency mandated to investigate and address injustices.

“Anti-discrimination is a part of DEI efforts but it also encompasses things like positive measures or inclusion or corrective measures,” says Wee.

Going forward, AOD plans to look into discrimination in the rental space and the education sector, among other areas.

In 2021, the then minister of housing and local government Zuraida Kamaruddin considered proposing a law to prevent landlords from indiscriminately evicting tenants or increasing rents.

Meanwhile, “in the sports department, Hannah Yeoh has made great moves in the Safe Sports Code in the Sports Development Act 1997 (Act 576). That has really normalised DEI and inclusion in many sports”, says Wee.

However, there are no active guidelines at present in the education sector to punish or correct that situation when it comes to hate speech or racial slurs.

“There has been an increase in youthful participation [in hate speech awareness] but it also means that there is more exposure to racial bias, radicalising political narratives, which drive personal behaviour,” says Wee.

AOD is currently in the process of organising a DEI summit for 2024 and conducting more in-depth research focused on combating discrimination in rentals and education. They are also actively exploring ways they can support corporations in promoting anti-discrimination.

AOD is also training and empowering more than 300 youths, with the community steadily growing. Wee envisions empowering the youth community to sustain this initiative.

Save by subscribing to us for your print and/or digital copy.

P/S: The Edge is also available on Apple's App Store and Android's Google Play.