Below are the email exchange/conversation on the questions posted to me by the IDN TIMES journalist Rosa:
The journalist asked:
i) what's the reason behind this and why it's time for Malaysia to ratify ICERD?
My reply:
It began with the Pakatan Harapan GE14 Manifesto, under the Promise 26 entitlted "Make our human rights record respected by the world" it states "Suitable international conventions that are not yet ratified will be ratified as soon as possible, including the International Convention on Civil and Political Rights."
Then subsequently the Prime Minister Dr Mahathir Mohamad took to the United Nations podium in New York to speak during the General Debate of the 73rd session of the General Assembly on 28th September this year. That speech won a lot of applauses and approvals from Malaysia and all around the world, and seemingly affirmed to more human rights-based approaches and democracy promises. On the very issue regarding human right convention, below is the relevant speech text:
"9. The new Malaysia will firmly espouse the principles promoted by the UN in our international engagements. These include the principles of truth, human rights, the rule of law, justice, fairness, responsibility and accountability, as well as sustainability. It is within this context that the new government of Malaysia has pledged to ratify all remaining core UN instruments related to the protection of human rights. "
Fast forward to 24th October, P. Waytha Moorthy, the Minister in the Prime Minister's Department came out with a statement pledged that the government is committed to ratify all remaining 6 human-rights related treaties including ICERD in the first quarter of next year. This has initiated a strong anti-ICERD movement.
Why is it time for Malaysia to ratify the ICERD treaty? it is long overdue for the Malaysian government to do so, as Malaysia is only one of the 14 countries in the world which has not signed and ratified the treaty. The previous government Barisan Nasional might be reluctant to, because the legitimacy of their ruling based on large electorates/voters who support the Ketuanan Melayu / Malay Supremacy idea (which institutionalise racial discrimination). There is nothing wrong about the ICERD, and if the government is serious about signing and ratification of the treaty, they could still maintain the current affirmative action which favour Bumiputera/Malay ethnic. BUT they are required to also publish a timeline and intended measurable target for those affimative action measures. A fair-minded person would agree, those who believe in Malay Supremacy do not. So they misled and stoked fear among Malay communities about the 'consequences' of ICERD.
ii) Have you ever experienced first-hand discrimination as a result of the infamous Article 153? And if so, do you think by ratifying ICERD something significant will change in a positive way?
My reply:
The special privileges given/accorded under the Article 153 in the Malaysian Federal Constitution are these 3 categories:
1) Positions in the public service
2) Scholarships, exhibitions and other similar educational or training privileges or special facilities
3) Permit or licence is required for the operation of any trade or business
To ask if one feel 'discriminated', that would be depending on whether he/she is competing directly with the Malay/Natives on the 3 categories above. However, if they are positive discrimination measures ('affirmative actions) and are properly set out, other ethnicities should not feel aggrieved about discrimation due to losing out. Malaysia is unusual in a way that these affimative actions targeted at the majority not the minorities of the nation. Some of my Chinese and Indian ethnic friends did not get into their preferred public university or course due to the 'quota' set up in favour of Malay/ Bumiputera. The fact is also true that positions in the public service, especially most top positions in the leadership and management, are preoccupied by Malays/Bumiputera, many minorities ethnic claim that there is a ceiling in promotion, that would also results in 'discrimination' to them. Finally, regarding land and property purchase, it is a fact that bumiputera enjoy privilege in getting discount and favourable list. If the government does not set a timeline and measurable target for those affirmative actions, this would seriously harm the efforts by the government to promote harmony and unity in this country. The government needs to regularly use evidences and facts to justify the continuation of affirmative actions based on ethinicity.
By ratifying ICERD, this would push the government and all communities to engage in conversation about long term fairness and equality in Malaysian society, the government could review the current policies based on the evidence, consensus building and rational approach to meet the expectation of the New Malaysia. The government has to show their political will and strongly campaign to assuage the fear of certain community. Righy now, a lot of misinformation and misunderstanding from the anti-ICERD opponents are circulating around, and this is the point I think the government did not do well and conceded too early.
iii) Now, what makes PH backtrack from the plan to ratify ICERD? Do they have the same mindset as BN in terms of securing support from the majority?
My reply:First you have to understand the dynamics within the PH coalition. PH itself did not secure the majority votes among Malay communities during GE14, maybe about 1/3 strong only and split with UMNO and PAS. Now UMNO and PAS work together in Malay-Muslim communcal political agenda, and champion the anti-ICERD campaign. The dominant parties in the current PH coalition are multiracial parties, where the non-muslim MPs are quite significant. Often this PH coalition gave the Malay community impression that it has weaken Malay's mandate in governance, even though the PM right now is from PPBM a bumiputera-champion party to rival UMNO.
Due to the Malay votes deficit, and also Dr Mahathir's agenda to break and destroy his old party UMNO, he is now actively enticing the crossovers from UMNO to his own party to strengthen his hands in the PH coalition. Given how unpopular now is ICERD among the Malay communities after active campaigns by PAS and UMNO (one should not forget that some major Malay media press are still in the hands of UMNO), Dr Mahathir could not insist on ICERD while luring UMNO to crossover. He and his party want to be seen championing Malay rights back home (not at the UN HQ), that is why some members from his own party already went to media to stage their protest against ICERD too, together with Amanah, a minor Islamist democratic party.
Another factor is, there are upcoming 2 by-elections coming up, one in Negeri Sembilan which is a Malay-majority seat. Dr. Mahathir would not want the anti-ICERD sentiment to brew over too much until his coaltion would lose in the by-election otherwise that would boost the confidence of his main political opponents now, eg. UMNO, and make the UMNO MP crossovers harder to realise due to hesitation about future contest under the PH banner.
So, in short, what makes Dr Mahathir and the PH government backtrack is mostly due to political reason. If he is a true believer in what he said at the UN General Assembly, I cannot give you an answer for sure.
iv) Also, correct me if I’m wrong, the fundamental problem for ICERD supporters is not the existing affirmative action, but how to measure the goals? And once they are achieved then that will be the time for Malaysia to abandon such policy?
My reply:
ICERD supporters, in my opinion, are those who really believe in inclusive, free and fair Malaysia moving away from race-based politics. They might have realised how the so called affirmative actions have been abused in the past and currently they feel that Malay communities should be ready and can have the confidence to compete fairly based on merits. Even for those who have reservation and are in favour to maintain the affirmative action status quo, they might take it as a tactical move to allay the fear of the Malay community, while persuading the government and people to just sign it because those bumiputera policies would not need to be abolished right away. I would personally believe that the ICERD supporters would be happy to do away with the affirmative action if it outlasts its usefulness, and if greater equity has been achieved. To insist keeping the affirmative action beyond the intended targets, how is it not deemed to be racial discrimination? this will not do any good to the nation-building process.
The news article in the end came out here:
https://www.idntimes.com/news/world/rosa-folia/aksi-812-dan-supremasi-melayu-muslim-di-mata-warga-negara-malaysia/full
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