Minister: Malaysia can ratify Icerd with reservations to protect Article 153

PARLIAMENT | Minister in the Prime Minister's Department P Waythamoorthy has assured that Article 153 of the Federal Constitution will not be abolished if the government decides to ratify the International Convention on the Elimination of All Forms of Racial Discrimination (Icerd).

"The government can assure that Article 153 will not be abolished.

"And for your ease of mind, I would like to refer to the meaning of ratification under the Vienna Convention Law of Treaties… where the definition of ‘reservation’ is given.

"'Reservation' means a unilateral statement, however phrased or named, made by a state, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effects of certain provisions of that treaty in their application to the state," he said in the Dewan Rakyat today.

Waythamoorthy was responding to a question from Azalina Othman Said (BN-Pengerang) (photo), who had questioned whether Article 153 would be affected by the ratification of Icerd.

Article 153 deals with the responsibilities of the Yang di-Pertuan Agong safeguarding the special position of the Malays and bumiputera of Sabah and Sarawak.

However, Waythamoorthy did not specify whether the government's plan is to ratify Icerd with reservations.

He further explained that he believes the Federal Constitution does not discriminate against any race, under the definition of racial discrimination in Icerd.

In Icerd, he said, racial discrimination is defined as any "distinction, exclusion, restriction or preference."

None of these terms, he said, are included in Article 153, which only speaks of the special position of Malays and bumiputera, nor in the rest of the Federal Constitution.

"So in my personal opinion, it needs more discussions and legal opinions on whether we can ratify Icerd or not," Waythamoorthy said.Concerns have been raised over the government's plans to ratify the treaty, as critics believe this may threaten the position of the bumiputera in Malaysia. - Mkini