AN anti-discrimination United Nations treaty does not come into conflict with the constitutionally protected position of Malays as Putrajaya can enter conditions limiting the scope of the agreement, said a lawyers’ grouping today.

Yesterday, Khairy Jamaluddin had said in Parliament that ratifying the International Convention on the Elimination of all forms of Racial Discrimination (ICERD) could affect Article 153 of the Federal Constitution concerning the special positions of Malays and Bumiputeras.

Khairy had said that Article 153 granted special status to one ethnic group (Malays), running contrary to the ICERD’s requirement that all signatories must pursue a policy of eliminating racial discrimination in all forms, including reviewing policies to amend, rescind or nullify laws that create racial discrimination.

However, lawyer N. Surendran said Khairy’s concerns were misquided as Putrajaya could enter a reservation via Article 2.2 within the treaty.

Article 2.2 states that any measures taken for the development or protection of a particular racial group shall cease after the objective is achieved.

 “Khairy’s views are plainly misguided. There need be no such concern,” Surendran said in a statement today.

“Malaysia can proceed to ratify the convention whilst entering a reservation or declaration on Article 2.2 of the convention, which Khairy claims is inconsistent with Article 153,” said the adviser for the Lawyers for Liberty group.

He said that most countries that had ratified the ICERD had also entered reservations or declarations limiting or clarifying the application of certain articles to their respective domestic situations, citing neighbouring Singapore, which had entered a reservation on Article 2 of the convention.

“For Malaysia to be a proud member of the international community, it is imperative to ratify at once the ICERD.

“There is no need to hesitate,” said Surendran. – October 16, 2018.