Article 153 will still be there if ICERD ratified, minister assures

Article 153 will still be there if ICERD ratified, minister assures

P Waytha Moorthy refers to the Vienna Convention on the Law of Treaties which allows states to exclude select areas from the effects of treaties it chooses to sign and ratify.

The proposal to ratify the ICERD has been met with outrage by some groups who claim the special rights of the Bumiputeras will be undermined. (Bernama pic)
KUALA LUMPUR:
Putrajaya today assured that Article 153 of the Federal Constitution, which gives preference to Bumiputeras, will not be abolished if the government agrees to ratify the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).

Minister in the Prime Minister’s Department in charge of national integration and social well-being P Waytha Moorthy pointed to the Vienna Convention on the Law of Treaties which allows states to exclude select areas within their domain from the effects of treaties it chooses to sign and ratify.

He was responding to Azalina Othman Said (BN-Pengerang), who had asked for the government’s assurance that ratification of the ICERD would not result in a loss of Article 153 which covered effects on the racial quota system, permits and services.

Waytha said the government would consult with various stakeholders in the first quarter of next year and seek legal opinions and intellectual views from those within the country as well as overseas.

He told the Dewan Rakyat that the United Nations (UN) conventions were realistic and practical, and did not contravene the Federal Constitution.

“Consultations are needed to get agreements pertaining to the convention before a final decision is made,” he said, adding that the government had set no timeline for the matter.

To Hassan Abdul Karim (PH-Pasir Gudang), who asked whether socioeconomic issues should take precedence over the ratification of the ICERD, Waytha said the ratification itself was not the main issue.

He said many quarters had caused anxiety because they did not understand what the ICERD means.

He reiterated that ratification of the treaty would not result in a change in the Federal Constitution, nor would it cause discrimination against any other race once the treaty is signed.

The debate over ICERD recently intensified with some groups claiming that the special rights of the Bumiputeras, as well as the positions of the Malay language and Islam, would be undermined if Malaysia ratifies the treaty.

Several rallies were also organised to object to the UN rights treaty.

Last week, the Malaysian delegation at the third Universal Periodic Review by the UN in Geneva, Switzerland, reaffirmed the government’s decision to ratify all remaining UN rights treaties, including the ICERD.

Foreign ministry secretary-general Ramlan Ibrahim said Putrajaya was considering ratifying the treaties following consultations with stakeholders.

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