KUALA LUMPUR, Nov 23 — Centre For A Better Tomorrow (Cenbet) today said it is unfortunate that the government has taken the easy way out by succumbing to pressure and backing off from the ratification of International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).
Cenbet co-president Gan Ping Sieu said that if the government is committed to make Malaysia a progressive nation and adhere to international benchmarks, it is imperative to make a clear intellectually honest case on why the ratification is not against our Federal Constitution, and the reservation or safeguards that can be activated within the ambit of ICERD if there are still some concerns over the consequences of the ratification.
“The people have the right to protest and express their worries over this issue, but it is the government’s duty to engage them proactively to have civilised dialogues rather than conveniently ‘bowing to pressure’ and not ratifying the convention in the pretext of avoiding social unrest,” he told Malay Mail in a text message here.
Gan reiterated that there are sufficient constitutional and legal analyses to make the case for ratification.
He said the current objections are by and large founded on false propositions and reading into certain provisions of the Federal Constitution out of its proper historical and legal context.
“The attorney-general and the legal officer of the government must advise the government on the constitutionality and legality of ratification of ICERD vis-a-vis Federal Constitution.
“Allowing militant political and religious leaders to have their day is to entrench radicalism in our society, one that a new Malaysia should do without,” he added.
When asked on whether the government’s mention of the social contract is a step backwards from moving towards equality and race-blind policies, Gan said the social contract is the Federal constitution.
He added that there is nothing contained in the Federal Constitution — properly construed — that is in conflict with ICERD that cannot be dealt with.
“It is the wilful malice in constructing a distorted version of our social contract, and the abuse of affirmative measures provided under the Federal Constitution that is the real cause of racism and race-based policies.”
Earlier, the Prime Minister’s Office announced in a statement that the government will not ratify the ICERD.
It said the government will continue to defend the Federal Constitution that contains the social contract that has been agreed upon by representatives from all races during the formation of this country.
