COMMENT If you were Tengku Adnan Tengku Mansor, would you allow Mat Rempit to race in Kuala Lumpur? The Federal Territory minister’s statement on Feb 22, 2016 that he would do so has attracted heavy condemnation from Malaysians online. Even Bukit Aman and the Road Safety Department (JKJR) have been hesitant to accept it.

Tengku Adnan’s rationale can be summarised as follows - as more youths are becoming Mat Rempit, there is no point pretending that we can control them; we should instead make it safer for them by controlling the conditions that they race in.

Should we take a step back to review what he actually said?

Decriminalisation not legalisation

For the sake of clarification:

  • Tengku Adnan is not proposing to allow Mat Rempit races throughout Kuala Lumpur; he has only proposed this for a limited area, as with car-free Sundays in KL.
  • The proposal is still a proposal; his recommendation has not been put into law, and cannot be said to be ‘legal’.
  • Although he refers to ‘legalising’ Mat Rempit races, his proposal is much closer to ‘decriminalising’ races, since undesignated racing would still be penalised.

We wish to emphasise the importance of the above final point; legalisation would mean the removal of all penalties against racing, while decriminalisation would mean the removal of some penalties in certain circumstances.

Why should the rakyat take the suggestion seriously?

So, could the proposal be a major concession to illegal racers? Would the government be condoning crime if it adopted the proposal? It may sound counterintuitive, but there are several reasons would which support the proposal.

(1) Fewer Mat Rempit deaths and casualties

By designating the acceptable time and venue for races, authorities can have better control over race conditions. When racing, Mat Rempit do so while trying to elude the police. This often leads them to race in areas with poor lighting, suboptimal roads, or those further from emergency services. If they were allowed to race in KL, Mat Rempit would be less likely to encounter harm or even death.

(2) More distance between races and the public

The rakyat’s anxiety with Mat Rempit largely stem from their encounters with racers. To avoid the police, racers tend to pick their venues in an unpredictable way. If strict time and location conditions were attached to permitted races, the public would at least be able to anticipate where and when races will happen.

(3) Less fun when not on the run

Mat Rempit will choose the permitted races because the relatively high costs of illegal racing will be a strong enough deterrent. Moreover, with the increase in legal racing opportunities, the thrill of racing may eventually diminish.

Cautionary points

(1) Sustainability - how long will the party last?

The benefit of diminished thrills that we raised above is incompatible with the way Tengku Adnan envisages the races. He and the KL Mayor, Mohd Amin Nordin Abd Aziz, picture a carnival-like atmosphere complete with food trucks and bike improvement workshops. It sounds like quite a party, but how long will it last?

Would it not encourage further street racing, whether legal or illegal? It detracts from the fact that the permitted races are already a burden on the rakyat.

(2) How do we know if the policy is successful?

Since the overall point of the proposal is to reduce illegal racing, can we say that the policy would be successful if it results in overwhelmingly popular legal races? If the budgetary and time limits are not well delineated, the irony might then be that the policy will be a victim of its own success.

It goes without saying that public consultation on such issues is always valuable.

Harm reduction?

Harm reduction is an idea which originates from public health practices for illegal substance users. It aims to reduce the health, social and economic consequences of drug use on the individual and society by implementing practical strategies and ideas. Crucially, it focuses on providing support to those who seek to moderate and reduce their drug use.

In principle, harm reduction has humanist values where the dignity and rights of the drug user are respected, and preventive measurements are made to improve their life conditions. The objective of most harm reduction programmes is to adopt the most feasible option that could lead to incremental positive effects.

The idea of decriminalising Mat Rempit races is an attempt to engage with communities that are at risk of harm. That said, this may not be the most effective way of eradicating the potential harm.

There are stark differences between drug users and Mat Rempit. Mat Rempit are not addicted in the same way that drug users are. Rather, they are attracted to reckless driving on streets. Decriminalising the races may not improve their daily riding habits, and may actually result in the opposite effect.

We recognise that there are social and economic pressures which make it difficult for individuals to remove themselves from these labels; the stigma attached makes racing more notorious and attractive.

Harm reduction in Malaysia?

Harm reduction principles have influenced several public health strategies in Malaysia. Most notably, Malaysia began needle-exchange and methadone replacement programmes in 2006 to address the health risks faced by drug users. Jurists from bodies such as the Department of Islamic Development (Jakim) have endorsed the compatibility of harm reduction principles in such contexts with their principles.

More recently, a Malaysian Youth Parliament MP, Muhamad Ridhwan Muhamad Rosli, recommended the official decriminalisation of marijuana use. While not a harm reduction idea per se, it hints at the unaddressed potential of decriminalisation initiatives in Malaysia. The stigma associated with decriminalisation still impedes our government in considering otherwise beneficial legislative action.

Conclusion

Tengku Adnan’s proposal should not be too quickly dismissed. While his plans do not attack the structural causes of youth disenfranchisement, they are saved by a plausible harm reduction agenda. Provided there is a long-term strategy, the KL races may be a worthwhile experiment in decriminalisation in Malaysia.

Malaysian Progressives UK is a global network which aims to promote political discussions among Malaysian youths. Apart from posting regular interview clips of prominent Malaysians and articles on current affairs on the group's Facebook page , they also host lectures for Malaysian personalities visiting London.