ONE of the problems with Malaysia is we cannot seem to divorce issues from emotions. By putting emotions first, little is accomplished – the issue itself is often ignored, while emotions, usually based on assumptions that have little to nothing to do with the issue at hand, win the day.

Assumptions, more often than not, are based on religion.

We see religion being increasingly used as a tool, to cudgel a point home, beat back progress on Malaysian society, or it both fail, to raise temperatures on a topic to a point where it cannot be meaningfully discussed, or swept further under the carpet.

We have seen this with many topics – LGBT, religious rights, freedom of expression, even economic and social decisions.

The latest victim claimed by this dangerous yet effective strategy is, the ratification of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).

The question of ratifying the international treaty came to light when Pakatan attempted to make good on its election manifesto to ratify all major international human rights conventions.

ICERD, a widely recognised UN Convention, that has been around since 1965, has been painted as “another” attempt by “liberals” to challenge the special position of Islam and Bumiputeras as stated in the constitution.

It has been ratified by 88 countries, from conservative Christian ones like Burkina Faso, to Muslim ones like Turkey – covering over 20 articles with a commitment by member states to end racial discrimination, promote harmony and provide proper avenues for grouses to be heard, in the case of those fully adopting it, an international arbitration platform.

Many of those criticising it may not realise, it was pushed for not by Western powers, but by the African nations, who were facing the problems of discrimination and apartheid in their own countries.

In a strange way, this convention is trying to achieve the same thing its strongest critics claim to be doing – the defence of rights of their race.

A lot of debate – regarding its definitions, limitations and exceptions, went into the declaration before it was endorsed, and even then, it is not a blanket take one, take all case. Fiji, for example, does not fully accept Article 5, as it conflicts with their local law on indigenous rights.

Till today, there are countries, including large democracies like the United States, who continue to not adopt parts of the conventions that are deemed incompatible with their own laws.

Thus, as with other conventions, a mere adoption holds no force of law in itself, without a corresponding legislation being passed to give it such legal footing. This gives the sovereign nation a chance to debate those adoptions and reject or accept them at the federal level.

Furthermore, matters pertaining to Islam and the Malays need to be agreed upon by the sultans – who have two legislative instruments behind them – the constitution itself, and the respective state laws, which govern matters pertaining to Islam themselves, without the interference from the federal government.

These are simple, well-known facts that should already be known to many of the experienced legislators leading these protests – ironically the same ones slamming Pakatan for “not” keeping their campaign promises.

Equality among races, anywhere, is a basic human right. It reduces the gap between racial groups, including economic ones, and this in turn lessens the risk of dissatisfaction and keeps the nation peaceful and stable, and allows it to prosper economically. That should be the spirit in which this, or any other convention, be adopted.

Every other issue can be discussed, debated, and agreed upon, through the many channels available. However this cannot be achieved if Malaysia chooses to keeps politicising things that will allow us to mature as both society and country. – November 7, 2018.

* Emmanuel Joseph firmly believes that Klang is the best place on Earth, and that motivated people can do far more good than any leader with motive.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.