RATIFYING the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) will not jeopardise Malay rights, a forum was told last night.

“Although, the ICERD Article 2 notes that positive affirmative action policies should be finite, there’s nothing to compel Malaysia from removing Article 153 of the federal constitution,” said Liga Pemuda Malaysia activist Amir Abd Hadi at the International Islamic University Malaysia last night.

Citing the example of Thailand, Amir said it was common for countries to sign the treaty with reservation clauses.

“Thailand added a reservation that the signing of ICERD does not mean that it will change its laws.

“And Malaysia can do the same with regard to Article 153,” said Amir at the “Is ICERD necessary?” forum.

Permatang Pasir assemblyman Faiz Fadzil said Malaysia’s federal constitution was the supreme law of the land and ICERD cannot supersede it.

“Even if anyone wanted to amend Article 153, it would have to obtain the approval of the Conference of Rulers,” said the former lawyer.

Amir said “Malay privileges” under Article 153 (2) were finite as the privileges would only be given as long as the Agong deems necessary.

The issue was only played up by political parties, such as Umno and PAS, to remain relevant in politics, he said.

One advantage, however, to signing ICERD is it would give Malaysia the credibility to question other countries’ track record on discrimination. 

“We would gain the moral right to criticise Israel on the Palestine issue or Myanmar on the Rohingya issue. Ironically, Israel has signed the treaty but still practises discrimination,” said Amir.

Political commentator Hasmi Hashim said the polemics over ICERD only came about because of May 9.

“Prior to this, Umno and Barisan Nasional had also wanted to ratify it but there were no issues. But all these cropped up after May 9,” said Hasmi.

The forum also had outspoken activist Hishamuddin Rais, who only three days ago was barred from entering Universiti Kebangsaan Malaysia for another forum.

“This is the first time I have ever set foot in IIUM and it’s only possible after the change in government. 

“Issues like ICERD should be discussed rationally at places like these and not just in protests, where many have probably never read the treaty nor the constitution,” said Hishamuddin.

The forum was sponsored by Dewan Rakyat Deputy Speaker Mohd Rashid Hasnon and moderated by MMO editor Fathi Mat Aris. – November 23, 2018.