Putrajaya says no to ICERD

(FMT) – Putrajaya today said it would not ratify the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), amid intense opposition from Malay groups and political parties who warned that the global treaty was a threat to Malaysia’s affirmative action policy.

“The government will continue to defend the Federal Constitution which includes the social contract agreed upon by representatives of all races during the founding of this nation,” said a statement from the Prime Minister’s Office.

The debate over the ICERD followed a speech by Prime Minister Dr Mahathir Mohamad at the United Nations General Assembly in September, where he said the Pakatan Harapan government would ratify remaining human rights conventions endorsed by the world body.

Malaysia is among a handful of countries that have neither signed nor ratified the treaty.

The treaty provides individuals worldwide with a mechanism for complaints over issues of racial discrimination, among others, and is enforceable against member states.

Specifically, it obliges parties to eliminate racial discrimination in all forms including in public institutions as well as in government policies, the issue at the heart of the opposition from Malay groups.

They said ratifying the ICERD would undermine the special position of the Malays, including provisions to allow quotas in public institutions, as spelt out in Article 153 of the Federal Constitution.

They also opposed the ICERD’s timeline on member countries to end affirmative action programmes, which they said would be a death knell for Malaysia’s decades-old Bumiputera policy.

Mahathir subsequently backtracked on the proposal, and on Sunday said it would be “almost impossible” for Malaysia to sign the treaty.