“Their concerns are natural, but I think we can overcome those concerns and ratify ICERD with reservations. We can do that with certain provisions of the convention,” he told FMT, referring to Khairy Jamaluddin’s comments in Parliament last week.
Last Monday, Khairy, who is Rembau MP, asked if Putrajaya was aware of the implications of Malaysia ratifying all core United Nations treaties related to human rights, pointing out it would then run contrary to Article 153 of the Federal Constitution.
Article 153, which gives preference to the Bumiputeras, is said to go against Article 2.2 of ICERD, which states any measure taken for the development or protection of a particular racial group, as in the current practice for the Bumiputeras, shall cease after due course.
“There are reasons why Wisma Putra has not strengthened these conventions on all forms of racial discrimination,” Khairy told the Dewan Rakyat during a discussion on Prime Minister Dr Mahathir Mohamad’s recent speech at the United Nations General Assembly.
In his speech, Mahathir said Malaysia was committed to the principles promoted by the UN, including those on human rights.
Khairy, the former youth and sports minister, said the Universal Declaration of Human Rights was clear in calling for a limited time frame on all forms of racial discrimination and to give positive discrimination favouring the minority.
“This will cause an impact if we were to ratify and enforce it as law,” he added.
Waythamoorthy assured FMT that before starting official discussions, the government would seek feedback from stakeholders and the grassroots.
Asked whether Article 2.2 contravened Article 153, Waythamoorthy, who is in charge of national unity and social wellbeing, said “positive discrimination” could not be considered “discrimination as a whole”, but agreed that the proposal was still in its early stages.
Under ICERD, parties are obliged “when the circumstances so warrant” to use positive discrimination policies for specific racial groups previously suffering from discrimination to guarantee “the full and equal enjoyment of human rights and fundamental freedoms”.
Positive discrimination, or affirmative action, has been internationally sought in bridging inequalities in employment, education, pay and so on.
Waythamoorthy said his ministry would be in a better position to start discussions on ratifying the ICERD beginning next February as promised by Pakatan Harapan.
He added that Malaysia is committed to ratifying all seven UN conventions, including the ICERD.
Among the six other treaties are the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The others are the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; the International Convention for the Protection of All Persons from Enforced Disappearance; and The United Nations Convention Relating to the Status of Refugees 1951.
Malaysia has only ratified three UN treaties since 1995.
These are the Convention on the Elimination of All Forms of Discrimination Against Women; the Convention on the Rights of the Child; and the Convention on the Rights of Persons with Disabilities.
Wathyamoorthy was speaking to FMT on the sidelines of the 8th national conference on non-discrimination organised by NGO Pusat Komas.
Asked about possible concerns Pakatan Harapan (PH) might receive when ICERD was brought to Parliament eventually for tabling based on last week’s reception, the senator said this might be the case only if “they are unaware of the options available” such as through reservations.
Meanwhile, Human Rights Commission of Malaysia (Suhakam) commissioner Jerald Joseph took Khairy to task over his comments on the matter, saying elected representatives were supposed to be tasked with “finding solutions” not “to find reasons to delay” things.
“I was a bit surprised that a very intelligent MP, Khairy Jamaluddin, instead of giving an answer how to ratify ICERD, he was trying to challenge YB Chang Lih Kang from Tanjung Malim to tell him, ‘Are you sure you can? What about 153?’
“We expect MPs to find solutions not to find reasons not to ratify. So, I’m disappointed that this is the quality of a YB that can do much better.”
He added Suhakam had been pushing for the remaining UN treaties to be ratified since 2011 as it had long believed the country was ready for it.
Speaking to FMT after the conference, Joseph said he had “no fear” in debating the issue as it was not akin to “throwing out Article 153”.
“We have lived with this provision for years and we know it well. No one is saying to throw it away. Instead, we want ways to go beyond the provision, which is what the Pakatan Harapan manifesto said it would do in terms of supporting the Bumiputeras and the minorities.”
He said even the spirit of the manifesto had never aimed at alienating both groups in terms of development.
He had also pointed out how the legitimacy of the other communities aside from the Bumiputeras were listed in Article 153, questioning if Khairy was making the comparison to show non-Malays were making a big deal out of ratifying ICERD in order to better their own position.
“I expect intelligent MPs to help the nation move towards the next level, not ask the same questions we have been asking for years. I know he (Khairy) can help us move forward, even as an opposition member,” Joseph said.
Twenty-seven ratifications relating to anti-discrimination among races must be agreed to when signing ICERD.
Malaysia is one of the few countries that have yet to sign or ratify the convention. A total of 175 countries have signed it already.