BUMIPUTERAS have nothing to fear when Malaysia ratifies the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) as it will not infringe their rights, civil society groups said.

The ratification of ICERD has been misunderstood by many quarters and that the fear arises from ignorance of the federal constitution, they said.

Former National Human Rights Society (Hakam) president Ambiga Sreenevasan said the document clearly shows that it merely seeks to establish the basic principle that all human beings are equal and that any doctrine of superiority based on racial differentiation is unacceptable.

“Article 153 of our federal constitution is consistent with this. In fact, the convention condemns colonialism and all practices of segregation and discrimination associated with it,” Ambiga said.

The document upholds the inherent dignity of every human being and in line with Article 153, she said.

“As Malaysians, who have been subject to colonialism in the past, we should be eager to ratify this document.

“Therefore, it is wrong to say that the convention violates the federal constitution.”

Ambiga added that the convention recognises that special measures may be taken for the sole purpose of securing the advancement of certain racial or ethnic groups, requiring such protection “as may be necessary” to ensure equal enjoyment or exercise of human rights.

“This, in fact, echoes what Article 153 of our constitution says. Article 153 states that the Yang di-Pertuan Agong shall exercise his functions ‘as may be necessary’ to safeguard the special position of the Malays and natives of Sabah and Sarawak.

“The convention also states that special measures should not lead to the maintenance of separate rights for different racial groups and that they shall not be continued after the objectives for which they were taken have been achieved.”

This does not violate the federal constitution, she said, as Article 153 safeguards the special position therein.

“The convention will only be in conflict with the federal constitution if it somehow places the Malays and natives of Sabah and Sarawak above other communities and gives them greater claim to the enjoyment of human rights than other ethnicities.”

Amanah deputy president Salahuddin Ayub caused a stir earlier when he said his party opposed ICERD because the terms of the treaty violated the federal constitution.

“Anything that contravenes the country’s constitution and culture, we cannot accept. We have our own system. What is contained in the constitution has to be safeguarded?

“Currently, I think many will not want ICERD ratified as there are matters that have to be looked into thoroughly. We have to defend what we think is required for the country,” Salahuddin said.

Lawyers for Liberty adviser N. Surendran said the issue surrounding ICERD arises from ignorance of the federal constitution.

“They (Amanah) suggested ICERD contravenes our constitution but are vague in their statement and are not able to explain how.

“Spin and empty polemic by Barisan Nasional and Umno is now being taken up by Amanah out of fear that there will be political implications from ratifying ICERD.

“ICERD is to eliminate racism, it’s absurd to fear it,” he said.

Centre for a Better Tomorrow co-president Gan Ping Sieu said Article 153 of the federal constitution, couched in Bumiputera terms and appears to be discriminative in nature, is more of an “affirmative measure”.

The article was to address the disadvantages Bumiputeras might suffer, he said.

“Article 153 is a ‘needs-based’ measure in its proper historical context. Unfortunately, the article has been ingeniously misconstrued to appear as a ‘special rights’ rather than a ‘privilege’ afforded to Bumiputeras.

“When we read Article 153 in its true historical context as an affirmative measure, even if it is couched in ethnic communities’ terms, it does not offend Article 8, the equality provision of the federal constitution, let alone ICERD,” he told The Malaysian Insight.

On October 26, Minister in the Prime Minister’s Department P. Waythamoorthy said Malaysia would ratify the ICERD and five other treaties on human rights as early as the first quarter of next year. – November 15, 2018.