Uphold religious freedom at work, Suhakam tells bosses

The Human Rights Commission (Suhakam) has strongly urged employers to uphold freedom of expression of religion and belief at the workplace.

This follows an uproar this week over complaints from certain Muslim female hotel employees over a ban on headscarfs at their workplace.

While he did not mention that particular incident, Suhakam chairperson Razali Ismail in a general statement today said, "While employment contracts can stipulate specific employment conditions, these shall not imply whether directly or indirectly discriminatory practices which may amount to a waiver of the right to freedom of religion and expression.

"As businesses have a responsibility to contribute to the promotion and protection of human rights, employment contracts must be firmly grounded on principles of equality and non-discrimination, in accordance with Article 8 of the federal constitution of Malaysia."

Razali said any restrictions on religious expression should only be made under certain conditions.

"Suhakam advises that any limitation of the right to express one’s religion or belief in the workplace, if deemed necessary, may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others, as stipulated in Article 18(3) of the International Covenant on Civil and Political Rights," he said.

He urged employers to set up appropriate measures to prevent and eliminate all forms of religious intolerance, inequality and discrimination in all sectors of employment.

Recently, the Malaysian Labour Centre of the Union Network International (Uni-MLC) claimed that many Muslim female hotel employees had complained about the discriminatory practice of being told to remove their headscarves.

Women, Family and Community Development Minister Rohani Abdul Karim called it a violation of women’s rights, while Tourism Minister Nazri Aziz pointed out that such a ban would, by implication, also affect Sikh males who wear turbans.

DAP and PKR also condemned the ban, offering legal assistance to affected employees.

De Palma states stand

Meanwhile, Bernama reported a statement by De Palma Group of Hotels via the Selangor State Development Corporation (PKNS) stating its stand on employee wearing headscarf in hotels.

"De Palma Group of Hotels which had strategically moved its operating concept towards syariah or Muslim friendly stand along with the International Women’s Alliance for Family Institution and Quality Education (Wafiq) which sees the ban of female employee to wear headscarf as discriminatory and unnecessary.

"As a Muslim-majority Malaysia it is really an improper regulation to be adopted by hotels in Malaysia, said De Palma Group of Hotel’s Group chief executive officer, Azaharul Hisham Sulong Ahmad. He added, 'We should not adopt such standard operating procedure (SOP) and hoteliers should object to such SOP. At this point the motivation for promoting such procedure is not within understanding where the facts may not be correct in reference to the referred policy.'

"De Palma strongly opposed the statement made by The Malaysian Association of Hotels (MAH) on the related issue. MAH through its chairperson, Samuel Cheah Swee Hee has defended its members’ policy of prohibiting their frontline staff from wearing headscarf saying it is international practice and not meant to be discriminatory. He added, 'The policy has been practiced in international hotel chains that use the same SOP on uniforms in all hotels in their chain globally.'

"We believed if such policy is true then it cannot be valid in star graded operating in Islamic countries in around the world where international chain hotels presently operate.

"'At De Palma we never insist our non-Muslim frontliners to wear headscarf although we are syariah or Muslim friendly hotel. We highly respect their religious and constitutional rights and consciously avoid such prejudice,' said Azaharul Hisham.

"He added 'MAH should strongly propose to its members to consider headscarf as permissible part of frontliners’ uniform instead of consenting to the discriminatory practice and if there existed an unwritten policy regarding headscarf, then it is the job of MAH to put its members in perspectives aligned to the Malaysian context.'

"De Palma distances itself from such policy and until those remarks are corrected its membership with MAH will be reviewed. De Palma is simply against any form of discrimination in the humanistic manner and will not be associated with elements of such," reported Bernama.

MAH's Penang chapter also revealed this week that Chief Minister Lim Guan Eng had also informed them he is against a 'no headscarf' policy.- Mkini