YOURSAY | Did the ‘special rights’ apply to the law Abdul Hamid was supposed to mete out?
David Dass: Non-Malays are simply asking for poor non-Malays to be treated the same way as poor Malays. And they are asking for an end to discrimination on the basis of race. Help the Malays as much as they need help but do it on the basis of need.
To wheel in former chief justice Abdul Hamid Mohamad in an ambulance is to add unnecessary drama to something very simple. He uses the language of war to describe the victory in the battle of International Convention on the Elimination of All Forms of Racial Discrimination (Icerd).
A total of 179 countries are parties to the convention; fewer than 20 are not. We are in good company - South Sudan, North Korea, Pakistan. Most Muslim countries have acceded to it.
There are so many ways that we can accede to it. We can accede with reservations. We can say that Article 153 of the Federal Constitution will continue to apply. We can say that acceptance of Icerd will be subject to all the provisions of our constitution.
Our constitution is our supreme law. And it will not be amended to reflect any of the provisions of Icerd.
Finally, Icerd does not say anything that our constitution already does. Our constitution does not allow racism. It does not allow discrimination on the basis of race. It declares all Malaysians as equal.
And it guarantees freedom of worship.
So what exactly is the problem? Consider how we look to the world at large after this.
Gerard Lourdesamy: Firstly, Icerd is not incompatible with the Federal Constitution.
Secondly, if there is a requirement to amend the constitution to give effect to Icerd, there is no majority or political will in Parliament to do this at present.
Thirdly, Icerd could have been ratified with a simple reservation to the effect that "the government of Malaysia reserves its right not to implement any provision in this convention that is inconsistent with the Federal Constitution and the precepts of Islam as the religion of the federation".
Fourthly, it is the prerogative of the executive whether they want to ratify Icerd in the next five or 50 years. Parliament cannot impose restrictions on the prerogative of the current and future governments on matters of foreign policy.
People like Abdul Hamid should be ignored because of their base racism. Show us one provision in Icerd that violates the Federal Constitution and Islam? If 55 Islamic countries out of 57 can ratify Icerd, how can it be contrary to Islam?
Fifthly, the ratification of Icerd has got nothing to do with the special position of the Malays and natives of Sabah and Sarawak which is entrenched in the constitution.
Malays are only 52 percent of the population. The natives of Sabah and Sarawak are 13 percent out of which close to half are Christians and not Muslims. Therefore, they are not defined as Malay in the constitution. How many of them are objecting to Icerd?
So stop speaking as if the entire 65 percent of people classified as bumiputera (a term not in the constitution) are supporting these agitators of hate, suspicion, envy and violence.
Abdul Hamid should be rudely reminded that when he appears before the Almighty, he better be prepared to explain whether as a judge he was fair and truthful to the persons seeking justice before him, irrespective of their race and religion because Allah does not discriminate based on colour or creed.
Lodestar: This man does not have the moral fibre to be chief justice of a nation but that's precisely why he was chosen by the corrupt BN government.
Article 153 of the Federal Constitution is all about targeting the two "pendatang" races, Chinese and Indians.
Racists will defend this article from their death bed. Let us hope that God will not discriminate against them in the afterlife.
Mmmmmmm: The attorney-general should revisit all court judgments handed out by this ex-CJ to ascertain if there was any personal bias.
StrainingGnats, SwallowCamels: "We may have won a battle (to reject Icerd) but the war is not over,” said Abdul Hamid.
With respect, is "war" the only idea you have with regard to Icerd? Why would a former CJ even propose that as the solution?
Not unlike Isis whose solution is violence, killing, maiming and other unmentionable variety of war and violence. Where is reason?
Icerd is not about taking away anybody's rights; it intends the opposite which is to safeguard everybody's rights. That being so, how is a UN convention connected to what you shamelessly claim,namely, "non-Malays... want to take Malay rights"? Is that not insidious race-baiting and inciting?
How is a UN convention connected to non-Malays taking away Malay rights? Are you imagining a ridiculous conspiracy completely unworthy of your former post? Was this sort of non sequitur reasoning the basis of your past work?
Proarte: The same old, morally bankrupt and racist 'ketuanan' rhetoric which brought Dr Mahathir Mohamad to political power all those years ago is being pedalled by Abdul Hamid.
The relative backwardness and ignorance of the Malays were easy to capitalise on in order to make a case for unfair business allocations, land grabs, discounted prices even for luxury houses in the name of Malay upliftment.
How did Abdul Taib Mahmud, a Malay Melanau Muslim, uplift the true bumiputera who form the majority of Sarawak?
Taib plundered the resources of Sarawak for himself and family's benefit. There was no regard for the rights of the Iban who have been subjected to appalling land grabs and rape of their extensive forests.
Taib and family have reportedly stolen RM100 billion from the people of Sarawak. Article 153 of the Federal Constitution pays lip service to the true bumiputera of Malaysia, namely the Orang Asal (Jakun, Negerito, Salai, Temiar), the Iban of Sarawak and the Kadazan of Sabah.
These communities have faced nothing but disaster perpetrated by the ruling Malay elite in Umno and their Muslim proxies in the respective states. Article 153 allowed the majority Malays to deceive and swindle the true bumiputera.
The swindling gathered real momentum during the Mahathir’s Umno tenure and it continued right up till Najib Abdul Razak and Umno were put to pasture in May 2018. Pathetically, Mahathir is up to no good again by dividing the races for his own selfish aims.
Rajakera: Sorry, Abdul Hamid, we are not calling you racist, we are calling you "an invalid" who thinks that you cannot make a go of your life without special rights over people who were born in Malaysia and for some whose ancestors came to Malaysia before you and your ancestors.
What makes you think that you need "special rights" over them? Is it because you have the quarter inch missing and did these "special rights" apply to the law you were supposed to mete out in your vocation as a judge?
I am disgusted and disappointed to hear this crap coming from your mouth. My father was murdered by the Japanese for defending the freedom of Malaysia.
How many of you and your type can say the same, but then you are happy to live off the blood sacrificed by others and claim you have more rights than them?
TehTarik: It is quite obvious that nothing will change in this country. The euphoria of GE14 is now turning to disillusionment. The basic human need for equality will never be achieved. Better for non-Malays to stop talking about Icerd and get on with their lives.
There appears to be a constant threat of violence by extremists and the authorities appear to be powerless. The extremists will become emboldened by this and may become more vocal about Malay and Muslim rights. Better not to talk about equality, fair play and human rights.
After this episode, many will consider migration and capital outflow will increase. Just focus on your family and community and do not waste your time or energy on trying to improve the country. It’s a futile exercise to help this ungrateful segment of society.
The Fog of Life: If the majority Malay race want to maintain indefinite special rights based on race alone, view non-Malays as “outsiders” subject to a social contract arrangement under which they can be “accepted”, and are threatened by a human rights convention such as Icerd, then this is not a country to be proud of but rather to be ashamed of.
Indeed, there is no future here when the majority (and increasing) race subscribe to such values and when the rhetoric is only to further reinforce and entrench the divide and discrimination based on race.
The Malays have spoken, but it will be the Malays who ultimately will be the biggest losers. -Mkini
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