KUALA LUMPUR, Oct 31 ― The Human Rights Commission of Malaysia (Suhakam) today urged the government to develop indicators to allow for greater scrutiny of race-based affirmative action.
In a statement, Suhakam chairman Tan Sri Razali Ismail said special measures allowance to aid a certain community must be seen as a short-term measure, and if it works similar aid must be extended to include other communities too.
“This would mean that programmes developed as affirmative action will have to be more transparent with far greater public scrutiny. So we recommend that the government develop indicators to measure the fulfillment of the objectives so that it can be harmonised with Article 1(4) of ICERD,” he said, referring to the United Nation’s International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).
Razali said that he was aware of public contention from certain quarters with regards to the ratification of ICERD, and pointed out that racial discrimination must not have a place in a multiracial Malaysia.
“Suhakam regrets that many opinions have misinterpreted whether deliberately or otherwise the spirit of ICERD, and accordingly cautions those who push for polarisation and superiority, or pre-eminence of one race or one religious belief over another, to stop if Malaysia is to be seen to be unhesitating to the elimination of racial discrimination.
“Suhakam underscores that racial discrimination of any form must have no place in a multiracial and moderate Malaysia, as all Malaysians deserve to live peacefully and enjoy the benefits of civilized values,” he added.
Earlier today, a coalition of Malay-Muslim groups marched to Parliament today to protest the government’s plan to ratify ICERD.
About 100 people marched from the National Monument around 10.30am before they were stopped by the police at a barricade on the bridge leading to Parliament.
The group consisting of conservative Malays groups such as Isma and Pertubuhan Kebajikan Darul Islah Malaysia (PERKID) then claimed that ICERD challenges Article 153 of the Federal Constitution and its guarantee of the special position of the Malays.
Ummah secretariat head Aminuddin Yahya, who led the group, then submitted a memorandum to Deputy Minister in the Prime Minister’s Department (National Unity and Social Well-being) Dr Md Farid Md Farik.
After submitting the memorandum, Aminuddin said the group would send a delegation to the Conference of Rulers in the future to voice their concern on the ratification.
“Article 153 is not racist in nature but an agreement between all ethnic races in Malaysia.
“As long as they have the intention to challenge this, we will not stop fighting them,” he had said.
Aminuddin said that the movement will wait for the federal government to respond to its demand for discussions on the terms of termination to the ratification.
On Monday, Minister in the Prime Minister’s Department Datuk Seri Mujahid Yusof Rawa reiterated the government’s assurance that the special position of Malays in the country will not immediately end once Putrajaya ratifies the ICERD.
Mujahid, the minister in charge of Islamic Affairs, stressed that the ratification will not affect the laws enshrined in the Federal Constitution unless approved by Parliament.
In his statement today, Razali however sought to allay such concerns, adding that policies can be drawn to ensure such treaties supplement local legal amendments, adding that ICERD recognises the concept of ‘substantive equality’, which allows governments to take measures for the adequate development and protection of certain race groups.
This, he said, includes the royal prerogative of the Agong, as well as Article 153, with regards to the reservation of quotas in civil service and permits for the Bumiputra community.
“Suhakam hopes that accession to the Convention will serve as the benchmark for how the new government should protect and promote human rights for all regardless of race, colour, descent or national or ethnic origin,” Razali said.
