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Tuesday, November 20, 2018

Mahathir tap-dancing around ICERD



FMT - Is Mahathir implying our constitution is discriminatory? by Dr Kua Kia Soong


Prime Minister Dr Mahathir Mohamad has said that implementing the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) would entail amending the Federal Constitution, and this is an almost impossible thing to do.

He pointed out that a two-thirds parliamentary majority was needed for this to happen.

Does the Malaysian Constitution promote racial discrimination?

It is a very serious presumption that the Malaysian Federal Constitution promotes racial discrimination and therefore will run foul of the ICERD. When the nation became independent of the British colonial power in 1957, did we really have a social contract that contained elements of racial discrimination? If that was the case, then our founding fathers and mothers were certainly suckers.

The fact is, they were certainly not suckers and they signed a social contract without any racially discriminatory elements. We should be proud of Part II of the Constitution that guarantees “Fundamental Liberties” for all Malaysians. It includes Article 8:

“Equality. All persons are equal before the law and entitled to the equal protection of the law…there shall be no discrimination against citizens on the ground only of religion, race, descent or place of birth in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment…”


The supposedly “racially discriminatory” Article 153 merely mentions “the special position of the Malays” and that the main purpose for including Article 153 in the Constitution was to rectify the perceived weakness of the Malay community in the economic field, the public service and the problem of Malay poverty at the time of Independence. (Tun Mohamed Suffian bin Hashim, “An Introduction to the Constitution of Malaysia”, KL 1972:245)

The first clause of Article 153 specifically states, “It shall be the responsibility of the Yang di-Pertuan Agong to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities in accordance with the provisions of this Article.”

Even so, the Reid Commission had recommended a sunset clause for this “special position of the Malays” of 15 years.

Nevertheless, between 1957 and 1971 there were no complaints of racial discrimination on the scale we have seen in recent years.


It was only after the racial violence of May 13, 1969 that the country was presented with a fait accompli by the new ruling elite in Umno during the state of Emergency when in early 1971, they introduced the infamous “Quota System” through a new clause (No. 8A) to Article 153 in the Constitution (Amendment) Act.





Malaysians have lived with a dramatically distorted version of this “quota system” for more than forty years with its continuing negative consequences for many citizens which has generated so much controversy for that length of time.

Strictly speaking therefore, if we were to go by Umno’s oft-repeated “social contract” at Independence in 1957, that “social contract” certainly does not include Clause 8A of Article 153 that was introduced much later in 1971. Even so, if we scrutinise this clause more closely, we will see that it is definitely not a carte blanche for the blatant racial discrimination witnessed in, for example, the (‘Bumis Only’) enrolment policy at institutions such as UiTM.

One wonders if the Yang di-Pertuan Agung has been consulted and has given “such directions to the authority as may be required to ensure the reservation of such proportion of such places for Malays and natives of any of the States of Sabah and Sarawak as the YDPA deems reasonable” at the various Mara institutions and public tertiary institutions all these years!

A ‘new’ Malaysia must ratify ICERD

The prime minister must decide if his PH government has the political will to progress into the world community that respects all human rights.

Ratifying ICERD is a statement to show we consent to be bound to an international treaty that outlaws racial discrimination and that we do not stand on the same patch as North Korea and Myanmar in relation to international treaties such as ICERD.


Kim Jong-il loved horses 

Thus instead of implying that the Malaysian Constitution is racially discriminatory, which is not true and is, in fact, scandalous, the prime minister should instead endeavour to enact the necessary legislation to give domestic effect to ICERD.

First and foremost, the ICERD treaty prohibits policies that have a racially discriminatory impact on any sections of people in the country. The prime minister should consult his newly minted minister for national unity P Waythamoorthy who has been the best publicist against the racially discriminatory policies in this country in recent years, especially in the UK and the US.


HINDRAAF - voice of the voiceless by the not so-voiceless 

The ICERD treaty insists that victims of discrimination should have a judicial enforcement mechanism available such as an Equality Act and an Equality & Human Rights Commission and the treaty applies to all levels of government – federal, state and local.


‘New’ Malaysia needs affirmative action based on class or need

In Malaysia, since the 1990 deadline signalling the end of the NEP was ignored, it is high time for a new socially just affirmative action policy based on need or class or sector.


Thus, if Malays are predominantly in the rural agricultural sector, we should create policies that benefit the poor farmers (some of whom happen to be Malay) and not the rich Malay (& others) land-owning class.

Only such a race-free policy can convince the people that the government is socially just, fair and democratic and walks the 1Malaysia talk.


Kua Kia Soong is the adviser to Suaram.

16 comments:

  1. To YB Waytha Moorthy: Your are being very bad and hurtful to your country. Sungguh teramat memalukan.. tsk.. tsk.. tsk..

    The Reid Commission had already well thought/explored the reasons why Article 3, Article 152 and Article 153 had to be transplanted into the Federal Constitution in order to strengthen the Pribumis.

    Please remember that we were ruled by the British for over 150 years until we got our independence. If you think those articles are discriminating, then you should think whether your race in this country were being treated like the Rohingyans in Myanmar or like the Palestinians by the Israelis.

    It was the Brits who brought your ancestors into this country to work as railway labourers and in the plantations. Are your race in this country today not better off than before? You should at least say thank you to Malaysia.

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    1. u r right some r better than before, but we cant deny the fact that many malay n chinese discriminate against indian.

      n if u ask me, i think tis reid commission is brainless. there r ways to strengthen the weak, not via a constitution. its a license to divide, not unite.

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    2. Wakakakakaka……

      "…we were ruled by the British for over 150 years until we got our independence"

      So the Portugueses, the Netherlanders were the pommie too!

      Banyak pandai, rd moron!

      Lagi, when the situation suits yr fart, the pommie r here to 'advise' yr useless spoon-feed bluebloods. Otherwise they were here to colonise u!

      BTW, u sure u r thinking right?

      "You should at least say thank you to Malaysia."

      Shouldnt u say BIG TQ to the pommie?

      Mmmmmmm… based on all these irrational farts, yr current rant IS also another brainless fart from under the tempurung!

      Delete
  2. Zaid Ibrahim is the only one brave enough to face up to these racists. Unfortunately he already gostan from politics. Sad.

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    Replies
    1. what brave? lge ask him to shut up he follow.

      Delete
  3. This is a trap laid out by UMNO & PAS. Anti ICERD rallies being organised. If anyone even speaks up in support of ICERD there will be threats against them (eg Waytha) and rallies can get violent. Then they will blame TDM, Harapan, DAP etc. Sad. Saudi Arabia and Indonesia already ratified ICERD, but Melayu lebih istimewa.

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    1. People like Kua keep falling into the Race & Religion trap laid by UMNOJibby and their sycophants.
      Mahathir is right to tip toe carefully on the issue - not tap-dancing.
      No point giving UMNOJibby free political capital.

      Delete
  4. Was the topic of ICERD brought up and purposely inflamed so as to enable Kleptocrats to have their last battle of Waterloo?

    An opportunity is growing by the day for TDM (the Master of Politics) to be Machiavellian again to finish off his nemesis UMNO and PAS and those NGOs in one stroke by again doing Ops Lallang 2 and the rise of a new dynasty under PBBM.

    What TDM says about the need to amend the Constitution and via a 2/3 majority to comply with ICERD; riots can only be arise by Kleptocrats from UMNO and PAS; disagreements from his own party leaders towards supporting ICERD etc are to condition the minds of majority of Malaysians that whatever decisions TDM takes next to make "The Ends justifies the Means" however unplatable to even civil rights groups etc is the one and only solution remaining to an intractable problem.

    Poor Kua for jumping into the political fray may see himself another stint at Kamunting as part of collateral political plays.

    And Ktemoc calls it tap dancing around ICERD music being played.

    History has always shown a new Malaysia or a New Beginning for any country has always being preceded either by ruthless authoritarian suppression or a total revolution to achieve it's aim.

    It's all up to TDM to make his next move for nobody else has the wills or the means to deny him of "Only My Way".

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  5. Zaid already shot off his mouth before Guanee marah sama dia. When reprimanded he quit politics.

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  6. Definitely a trap set up by the Ketuanan Melayoo and Ketuanan Ularma twin. This is giving more than a glimmer of hope to the criminals....they are seizing it with such eager hands because this is such a golden opportunity that came so suddenly, so unexpectedly. They will rouse up the zombies and the blur sotongs to the max, shouting after Friday prayers that they will be driven out to the seas by the non Muslims, with some driven to the jungle, hehe. How one wish they were driven to the ground and never be heard again, like Rumpelstiltskin, hehehehe.

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  7. "An opportunity is growing by the day for TDM (the Master of Politics) to be Machiavellian again to finish off his nemesis UMNO and PAS and those NGOs in one stroke by again doing Ops Lallang 2 and the rise of a new dynasty under PBBM."

    It is already late November, but if Mahathir carries out "Ops Lalang 2" this month, what this Thai psychic of Chinese descent predicted in the video below will have come to pass.

    https://www.youtube.com/watch?v=c4fTWqOxnT8

    The above video in a mix of Chinese and Thai is rather long. I don't know Chinese but I speak Thai, so I can understand those parts in Thai, though there are Malay sub-titles.

    The video begins with a long introduction about the media team's arrival and introduction about the various gods venerated by Chinese-Thais, but when it gets down to the interview, the psychic is presented with a picture of Mahathir and she says that she foresees there being arrests of many people under his rule in November 2018.

    She is presented with a picture of Anwar and asked if he will be the next PM and she says that her feelings say now, that it will be someone else.

    She also says that she foresees Mahathir's health will begin to fail from June 2019 onward and that someone will come forward to help him rule, and this someone will be rather "dedt khart" which I cannot find an English translation for but which I have heard used in speech to somewhat mean an authoritarian, absolute, no-nonsense, ruthless or something like that leader.

    In the rest of the video, the psychic who goes by the name Prai, speaks about the 13 boys trapped in a flooded cave and the three rescuers who lost their lives. She then goes on to describe what she sees as the future on the young man who is a member of the media team.

    Looking at how Malaysian politics is developing post GE14, with the apparent ineptitude of various cabinet ministers, the economy in the doldrums, growing protests by the opposition over issues such as ICERD, racial and religious undertones, similar oppressive measures by Pakatan ministers as former BN ministers and with rulers speaking up on issues, it looks like Malaysia is heading towards a scenario somewhat to what this psychic foresaw.

    ReplyDelete
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    1. Chinese Malaysians asked for it.

      In their infinite wisdom 94% voted pro-American, pro-Singapore, anti-China DAP. And pissed off the only power in Asia which can big-brother the Chinese Malaysians: CHINA.

      We know the West is pro-Malay, anti-China. If the Malays now move against the Chinese Malaysians (since 94% did not support the Malay parties UMNO and PAS which captured 70% of Malay votes) the West will turn a blind eye to the renewed massive discrimination and ethnic cleansing that PPBM can unleashed.

      China will not raise her voice SINCE 94% VOTED AGAINST CHINA's interest: Straits of Malacca. (China already constrols South China Seas). 94% voted against CHINA = Chinese Malaysians are on their own now. It is the perfect time for Malays to struck Chinese Malaysians with impunity. The West will not intervene, China wants her pound of flesh at the betrayal of the Chinese Malaysians.

      I warned my Chinese brethren/friends against voting for DAP. But they want to learn the HARD WAY. Their children will now suffer the consequences of listening to the Charlatans in DAP.

      Just like Iraq suffered under those pro-American Iraqi charlatans named Chalabbi...

      Delete
    2. 9 more days to end of November.
      My guess is ICERD street demonstrations, accompanied by incitement to violence will trigger arrests and use of draconian powers.
      There is no shortage of authoritarian style leaders in Malaysia.

      Delete
  8. Things are hotting up.

    ‘Third Force’ blogger joins forces with Malay groups to ‘destroy DAP’

    https://www.thethirdforce.net/third-force-blogger-joins-forces-with-malay-groups-to-destroy-dap/


    You can watch the embedded You Tube video directly over here.

    Gagasan Tiga warns the DAP Chinese of another of 'May 13'
    https://www.youtube.com/watch?v=WPojQjdtlXE

    The nature of this movement not only involves UMNO and PAS but also a myriad of NGOs and considering that PAS delivered the numbers at Bersih 1, 2, and 3 but not at 4 and 5, now that they are on the other side, they have the organisational capacity to deliver the numbers in these anti-ICERD protests and demonstration.

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    1. Balik- Balik threatening the Chinese with May 13.
      That's the product of bankrupt minds.

      Fuck You !

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    2. Hehe, bring it on, Turd Farce and all. Shout Amok at the top of your voices, shout Mampus Cina, shout Cina Babi.....oops they forgot all about Waythamoorthy, it was he who in fact brought up this ICERD thingy at this juncture. Poor Waytha...he's only good enough to be given some sharp words by the Umno thugs and let go. Although DAP knows that the timing is shit at this juncture to ink that piece of document, and never even want to broach on this matter at this point in time, nevertheless dapat kena lagi, no escape la, hehe...now the Dap is coined as Bangsa DAP, how good is that ? Much easier to shout Bunuh Bangsa DAP than to invite sedition by shouting Bunuh orang cina, hehe, but the end result is the same, right ? Who says these murderous thugs are not creative ? hehe

      Just received a Whatsapp message ....an old Orang Asli speaking in BM and ended with some English sentences...asking for the Malays to go back to Indonesia, for the Chinese to go back to China, for the Indians to go back to India and for the Siamese to go back to Siam. I think he called himself the true bumiputra and he wanted to be left in peace and he had enough of all this fighting and bising bising.

      Bravo, old man....sokong penuh, hehe Tabit Orang Asli the True Bumiputra

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