PUTRAJAYA never took the trouble to explain to the public what the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) was all about, the Human Rights Commission of Malaysia (Suhakam) said.

Its failure to educate citizens about the anti-discrimination treaty led to the government’s U-turn on earlier announcements that it would ratify the convention next year.

Suhakam chairman Razali Ismail said the Pakatan Harapan government should have done better explaining the convention to the public and allaying concerns that it would jeopardise the special constitutional position of the Malays and Islam.

“The government has never taken the trouble. They should. They thought they could tell the people (just) like that,” he told The Malaysian Insight on the sidelines of Suhakam’s Human Rights Day 2018 celebration in Petaling Jaya yesterday. 

Suhakam commissioner Mah Weng Kwai also agreed that the government could have done more to disseminate correct information about ICERD to the public.

“A little more could have been done at an appropriate time because, mind you, this thing blew up suddenly and became a hot topic within a short period of time. 

“Let these emotions and all these feelings settle down a bit, then we can talk rationally. Communications could have been better,” Mah told The Malaysian Insight. 

The crux of the protests against ICERD was that ratifying the treaty would equalise the special position of the Malays and Islam with other races and religions, and hence destroy the privileges of the majority ethnic group, the Malay rulers and Islam.

The backlash came after Minister in the Prime Minister’s Department P. Waytha Moorthy said in Parliament in October that Putrajaya intended to ratify the treaty next year. 

Prior to that, Prime Minister Dr Mahathir Mohamad only said Malaysia “pledged to ratify all remaining core UN instruments related to the protection of human rights” when addressing the United Nations General Assembly in late September. 

Dr Mahathir also mentioned that this would not be “easy” for Malaysia because of its multi-ethnic and multi-religious composition.

“We will accord space and time for all to deliberate and to decide freely based on democracy,” he said at the UN.

Waytha Moorthy’s announcement stirred outcry and triggered calls from Malay-Muslim groups for his resignation, and culminated on Saturday in a street rally that drew 55,000 Malay participants.

The rally was held despite the Prime Minister’s Department stating on November 24 that Malaysia would not proceed with ratifying the convention.

Mah said Suhakam will be holding workshops and discussions to create awareness on ICERD and to explain why it is an important treaty.

“ICERD is for the elimination of racial discrimination. In my opinion, it does not by any stretch of the imagination infringe on Article 153 (of the federal constitution) and nobody is questioning special rights and special privileges. It will all remain intact,” he said. 

Razali also said he was hopeful that ministers would address the fears Malay-Muslims had about the treaty.

In his speech at the opening of the event yesterday, he said people should not be worried because the special position of the Malays, “which allegedly would be abolished, are clearly enshrined in our federal constitution and will continue to be preserved.”

Article 153 touches on the special position of the Malays and Bumiputeras, giving the Yang di-Pertuan Agong the power to safeguard these interests as well as that of other communities, such as in the form of quotas and scholarships. – December 10, 2018.