Ratifying UN treaties in line with constitution, say lawyers

Ratifying UN treaties in line with constitution, say lawyers

They say equality before the law is already enshrined in Article 8 of the Federal Constitution, and that the government can always place a reservation on Article 2 of the UN Convention.

PETALING JAYA:
Lawyers have dismissed a former minister’s caution that ratifying the United Nations (UN) core treaties on human rights will contradict the position of Malays in the Federal Constitution.

In fact, M Visvanathan told FMT, this would ensure a fairer system under which everybody would be treated as equal under the law.

Adding that this was already enshrined in Article 8 of the constitution, he said ratifying the treaties would not breach Article 153, which Khairy Jamaluddin had cited in his concerns.

The Rembau MP had said in the Dewan Rakyat yesterday that Article 153 of the Federal Constitution, which gives preference to one ethnic group, could run contrary to Article 2 of the UN convention calling for full and equal rights and freedom.

“There are reasons why Wisma Putra has not strengthened these conventions on all forms of racial discrimination,” the former youth and sports minister said.

However, Visvanathan said Khairy had gotten the matter confused.

“If you ratify (the treaties), it will actually go in line with Article 8 of the constitution,” he said.

“There would be better human rights and people would be protected in this country. It won’t affect Article 153 because we already have Article 8 which says equality before the law.

“With this, every citizen in Malaysia is equal before the law.”

N Surendran agreed that any implications as mentioned by Khairy were unlikely.

He said the government could always make a reservation or declaration regarding Article 2 of the UN Convention.

“It is a simple solution,” he told FMT. “Most other countries have entered various reservations on the convention.

“Malaysia can go ahead and ratify the convention, and place a reservation pertaining to Article 2 (2).”

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