Gov't will not ratify Icerd, PM reiterates

In wake of the rally against the International Convention on the Elimination of All Forms of Racial Discrimination (Icerd) today, Prime Minister Dr Mahathir Mohamad reiterated that the government will not ratify the treaty.

He said this is because the treaty does not allow the government to provide affirmative action based on race.

“If we don’t give the Malays the chance to catch up with the other races, if we believe we must give everyone the same thing, then those who are able will succeed and those who do not will fall behind.

“That is why we cannot accept Icerd because it does not give us the right to differentiate the treatment for the races in Malaysia.

“Because they (the races) are not on the same level so that is why we don’t accept Icerd and we will not amend our constitution,” he said in his opening speech at the Bumiputera Education and Entrepreneurship Carnival at Universiti Teknologi Mara in Shah Alam tonight.

Under Article 1(4) of Icerd, state parties are permitted to practice "special measures" including affirmative action policies, albeit with conditions. 

As such, the Bar Council, Human Rights Commission (Suhakam) and NGO Lawyers for Liberty have expressed the view that Icerd is compatible with the Federal Constitution.

Mahathir himself first mooted ratification of the treaty in September, when he said Malaysia would accede to all remaining human rights conventions at the United Nations General Assembly.

Certain groups protested the move, citing fears that ratification would jeopardise the constitutional safeguards for the bumiputera, despite Putrajaya's initial assurances otherwise.

A statement from the Prime Minister's Office on Nov 23, however, said that the treaty would not be ratified to protect the "social contract agreed to by representatives of all races during the forming of the nation."

The rally today, organised by Malay-Muslim NGOs and supported by PAS and Umno, was initially meant to protest the ratification of Icerd.

However, following the PMO’s statement, it became a celebration of the decision not to ratify Icerd.

Tens of thousands flocked to downtown Kuala Lumpur for the rally today, with Malaysiakini estimating that there were 80,000 people in attendance at its peak.  - Mkini