In other words, the ICERD must be read alongside the Universal Declaration of Human Rights — which, I believe, Malaysia has also not ratified. If Malaysia ratifies the ICERD will that also mean the Universal Declaration of Human Rights will also apply to Malaysia?

NO HOLDS BARRED

Raja Petra Kamarudin

We are hearing many debates for and against the ICERD (International Convention on the Elimination of All Forms of Racial Discrimination) but I fear many do not actually know what it means.

Since Pakatan Harapan has announced Malaysians now live in a ‘new’ Malaysia, the ICERD would fit in nicely.

In paragraph two of the ICERD, it says, “Considering that the Universal Declaration of Human Rights proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set out therein, without distinction of any kind, in particular as to race, colour or national origin.”

Malaysia is one of the Muslim countries that never ratified the United Nations 1948 Universal Declaration of Human Rights

In other words, the ICERD must be read alongside the Universal Declaration of Human Rights — which, I believe, Malaysia has also not ratified. If Malaysia ratifies the ICERD will that also mean the Universal Declaration of Human Rights will also apply to Malaysia?

This is one point that must be cleared up.

Now, either we take the ICERD and the Universal Declaration of Human Rights in toto or we do not take it at all. We cannot say we ratify the ICERD, and by extension the Universal Declaration of Human Rights, but will only accept some of the Articles but not all the Articles.

There are many Articles in the ICERD and the Universal Declaration of Human Rights. However, for purposes of today’s discussion, I would like to talk about just a few of them.

Muslims can now marry non-Muslims, even if from the same sex

Article 5(ii) The right to leave any country, including one’s own, and to return to one’s country

Malaysians can no longer be barred from leaving Malaysia or be denied a passport such as in bankruptcy cases, etc.

Article 5(iv) The right to marriage and choice of spouse

This means intermarriages are allowed and the non-Muslim spouse does not need to convert to Islam.

Muslims can now openly become Christians instead of hiding like now

Article 5(vii) The right to freedom of thought, conscience and religion

Muslims can leave Islam and/or convert to other religions.

The ICERD specifically refers to the Universal Declaration of Human Rights and Article 1 of the Universal Declaration of Human Rights says, “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”

This means Article 153 and other Articles in the Federal Constitution of Malaysia that violate this principle need to be repealed, the New Economic Policy (NEP) included.

Contrary to what Pakatan Harapan says, the Federal Constitution of Malaysia needs to be amended and you need a two-thirds majority or 148 votes for that to happen

Article 7 of the Universal Declaration of Human Rights says, “All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.”

This means Muslims cannot be subjected to separate laws that do not apply to non-Muslims — such as what is currently happening in Malaysia where Muslims can be arrested for drinking, adultery, living together outside marriage, extramarital sex, etc., but not non-Muslims.

There are, of course, many more Articles in both the ICERD and the Universal Declaration of Human Rights but suffice for now we discuss just that ‘tip of the iceberg’. Let us see what the Pakatan Harapan leaders have to say before we talk more on this matter.

We await with bated breath the announcement from Mujahid Yusof Rawa

Malaysiakini reported, “Several Islamic NGOs, lawyers, students and academicians have met with Minister in the Prime Minister’s Department Mujahid Yusof Rawa to discuss Malaysia’s intention to ratify the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).” (READ HERE)

So, let us see what Mujahid says before we continue this discussion. Certainly, Malaysia Baru needs to be different from pre-GE14 Malaysia. What we now want to see, and in the spirit of the ICERD and the Universal Declaration of Human Rights, where the difference lies.