Perhimpunan ICERD 8 Dec 2018

[cek mek molek]

Ni pendapat yg MENYOKONG ratifikasi anti racism tu

Debate on Article 153 and UN anti-racism treaty misses the point​

Kua Kia Soong | Published: 23 Oct 2018, 4:13 pm | Modified: 23 Oct 2018, 4:31 pm

KUA KIA SOONG is the adviser of Suaram.

COMMENT | The current debate about whether Article 153 of the Federal Constitution violates the International Convention on the Elimination of All Forms of Racial Discrimination (Icerd) misses the point about Malaysia ratifying this important convention.

The vital question we need to ask is: are we ready to face the world community, and declare that we are free of racially discriminatory policies and practices?

First and foremost, Icerd prohibits policies that have a racially discriminatory impact on any sections of people in the country. Icerd insists that victims of discrimination should have a judicial enforcement mechanism available and the treaty applies to all levels of government – federal, state and local. What could be fairer than that?

Nevertheless, we still have Malaysians who claim that Article 153 guarantees “Bumiputera privileges” and these should not be questioned. But where does it say “Malay privileges” in Article 153? Nowhere in the constitution will you find any reference to “Malay rights” or “Malay privileges”. The article only mentions “the special position of the Malays.”

The main purpose for including Article 153, according to Mohamed Suffian Hashim in An Introduction to the Constitution of Malaysia, 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.

The first clause of Article 153 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.


The second clause stipulates that the Agong shall ensure the reservation for Malays and since 1963, for natives of Borneo

...of such proportion as he may deem reasonable of positions in the public service (other than the public service of a State) and of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the Federal Government and, when any permit or licence for the operation of any trade or business is required by federal law...

Clause 4 expressly states that:

In exercising his functions under this Constitution and federal law in accordance with Clauses (1) to (3) the Yang diPertuan Agong shall not deprive any person of any public office held by him or of the continuance of any scholarship, exhibition or other educational or training privileges or special facilities enjoyed by him.

The ‘Quota System’ in 1971 was not in the original Article 153.

As a result of the racial violence of May 13, 1969, the country was presented with a fait accompli by the new ruling elite in Umno who were keen to propagate their 'bumiputeraist' ideology as a populist ploy. Again, you will not see any mention of bumiputera (the “princes of the soil”) in the original 1957 constitution.

Thus, in early 1971 the Constitution (Amendment) Act was passed adding a new clause (8A) to Article 153:

Notwithstanding anything in this Constitution, where in any University, College and other educational institution providing education after Malaysian Certificate of Education or its equivalent, the number of places offered by the authority responsible for the management of the University, College or such educational institution to candidates for any course of study is less than the number of candidates qualified for such places, it shall be lawful for the Yang di-Pertuan Agong by virtue of this Article to give 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 Yang di-Pertuan Agong may deem reasonable; and the authority shall duly comply with the directions.

This is the racially discriminatory “quota system” we have lived with for more than 40 years, and which has created so much controversy in that time. Strictly speaking, if we were to go by Umno's oft-repeated “social contract” at Independence in 1957, this certainly does not include Clause 8A.

And if we scrutinise this clause more closely, we will see that it is definitely not a carte blanche for the blatant racial discrimination as is the case of the enrolment policy at institutions such as UiTM.

One wonders if the Agong 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

So, if any aggrieved party took the government to court for its enrolment policy at UiTM or any other Mara institutions, how do you think any Federal Court judge would interpret clause 8A of Article 153? The 100 percent Bumiputera enrolment policy at UiTM makes a mockery of the quota system and the justification of any affirmative action in any country.

Vague definitions

The definition of the main target group in Malaysia, namely, “the Malays” is imprecise and allows confusion when any Muslim who is not ethnically Malay can claim to be a beneficiary. In the US for example, affirmative action is extended to all discriminated groups including, for example, women, Hispanics and other minority groups.

In Malaysia, only bumiputera are included, while the poorest and most marginalised group, arguably the original people of this land, the Orang Asli, have been excluded from this policy.

In strong contrast to the US, affirmative action in Malaysia covers not only higher education but also land reservation, quotas in public service, licences, permits, scholarships and grants.

The most glaring inequity is seen when bumiputera can buy houses costing more than a million ringgit and still claim a discount from the market rate. Can a wealthy African-American in the US do the same?

Clearly, affirmative action cannot be justified across the board for communities that are thoroughly class differentiated, such as the Malays, Chinese and Indians in Malaysia. The Orang Asli are a community that has not undergone class differentiation on a scale similar to the other ethnic communities in Malaysia but they enjoy no such privilege.

A new affirmative action

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 (and 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.

Thus, all Malaysians should be able to reclaim their inalienable rights and understand the transient nature of affirmative action. After all, the Reid Commission recommended a 15-year sunset clause for Article 153.

For a truly 'new Malaysia', let there be no more obfuscation about 'rights' of any particular ethnic community but a commitment to unite all Malaysians.

This can be done by eradicating institutional racism through corrective action in all economic and education policies based on need or sector or class with priority given to indigenous people, marginalised and poor communities; implementing merit-based recruitment in the civil and armed services; legislating an Equality Act and incorporating an Equality and Human Rights Commission; and ratifying Icerd.

https://www.malaysiakini.com/news/448630

 

[Dragonforex]

Ala.. kalau rasa gomen baru ni x best nnt lagi 5 tahun kita tukar la kan. Apa susah sangat. Bagi la diorng merasa memerintah sekali dlu tngk camna

guna otak sikit.

benda dah jalan mana boleh main suka2 batal.

nak tunggu next PRU, semua benda dah tukar la. hak melayu semua dah kena gadai.

 

[cek mek molek]

Ni pendapat yg TIDAK MENYOKONG ratifikasi anti racism tu
Saya menyokong dan bersetuju dengan pendapat ni

Signing convention on racial discrimination easier said than done​

Ahmad Yazid Othman, Lukman Sheriff Alias and Aidil Khalid -
October 25, 2018 1:01 PM

Ahmad Yazid Othman is CEO of Majlis Tindakan Ekonomi Melayu. Lukman Sheriff Alias is founder of the Malaysian Lawyers Circle. Aidil Khalid is an activist with the Concerned Lawyers for Justice.

We refer to a number of press reports by various groups trying to push for Malaysia’s ratification of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), and condemn the manipulation of this issue with half-truths and misleading statements, so as to disingenuously portray that ICERD’s ratification could be done without offending various constitutional provisions.

Before proceeding, we would like to state clearly our stand that we are opposed to racial discrimination.

However, our forefathers in their infinite wisdom made a number of limited exceptions in our constitution, as part and parcel of the social contract agreed upon in guaranteeing the positions of the native Malay-Muslims, and natives of Sabah and Sarawak, in exchange for the mass granting of citizenship to non-natives, especially the Chinese and Indians.

This exception is particularly evident in Article 153 of the Federal Constitution, whereupon the likes of Mara and MRSM, among others, were established, while the legitimate interests of other communities were safeguarded.

As Malaysians, we need to respect this constitutional compromise.

Although these compromises made by our forefathers may be changed, the amendments must be made through proper constitutional channels and means, so as to maintain harmony in our country.

We are appalled by how the facts surrounding ICERD have been manipulated to mislead the general unsuspecting public, as if the ratification could be done by reserving certain provisions and, as such, purportedly would not run afoul of any constitutional provisions. In this regard, we wish to set the record straight:

1. The restrictions imposed by ICERD are very wide and directly contravene our constitutional compromise. The definition of “racial discrimination” under the convention is all-encompassing, and could never be reconciled with Article 153 of our Federal Constitution. While there is indeed exception allowed to the definition of racial discrimination, even then, Article 153 would not fall into the category allowed under ICERD. In fact, the breadth and width which the convention covers would mean that even political parties like PPBM, Umno, MCA, MIC and ethnic-based parties in Sabah and Sarawak would be deemed illegal.

2. Exception or reservation to the convention would go against the very substance of ICERD. If at all, we clearly need to make reservations not only on the definition above, but five or six of the seven core provisions of ICERD. It is pertinent to point out that under the Vienna Convention on the law of treaties, no reservation can be made if it is incompatible with the object and purpose of the treaty. Other states may also object to such major reservations. The reservation we need to make would thus be substantive, touching many core provisions of ICERD, contrary to the misleading claim that it would be a minor reservation. These reservations may further cause us embarrassment if they are objected to by other countries.

In order for Malaysia to ratify ICERD as it is would require us to amend Article 153 of our Federal Constitution. Such an amendment would require the royal consent of the Council of Rulers. It is unscrupulous to use ICERD as a back door to assert pressure and to amend Article 153 and the laws thereunder without proper public consultation with all stakeholders, in particular the Council of Rulers.

There are many institutions at stake here, from Mara and MRSM to UiTM. This extends even to the Royal Malay Regiment army unit, to name just a few institutions which would need to be abolished. Not to mention the fact that the Malay reserve land schemes under Article 89 of the Federal Constitution and various state enactments would need to be repealed.

A healthy and open debate should be pursued rather than a cursory dismissal of such views. The rakyat must be informed that ratification of ICERD, as it stands, would run contrary to the constitution, and that the Council of Rulers should be consulted before such ratification. It is for this reason that we condemn press statements from various groups giving false or misleading impressions on the effect of the ratification. This is manipulative and utterly reprehensible.

When it comes to interracial relations, we should let our 60-over-years track record as an independent nation speak for itself. We need to nurture and shape national unity based on our own terms and constitutional constructs, rather than be confined by external pressures that may not be sensitive to our history, culture and constitutional compromise. We believe that Malaysia has not signed ICERD all these years for various reasons. It is certainly not due to racist or supremacist ideologies, but rather for the sake of developing and uniting a diverse melting pot of culture in Malaysia.

https://www.freemalaysiatoday.com/c...-racial-discrimination-easier-said-than-done/

 

[Dragonforex]

kalau sikap kerajaan baru tak kawal benda sensitif camni, dok kira hak hak sama rata...13 mei 2.0 senang boleh terjadi... menang majoriti kerusi bukan majoriti melayu....

sekarang memang tunggu masa je 13 mei edisi ke-2 nak berlaku.

 

[zerovirus]

sekarang memang tunggu masa je 13 mei edisi ke-2 nak berlaku.

yup kuat tegang .. mmg mintak jgn berlaku ..

 

[uckiller]

https://m.facebook.com/story.php?story_fbid=727778317573696&id=100010246032791&ref=bookmarks

Xreti guna hp nk cnp...

 

[cek mek molek]

https://m.facebook.com/story.php?story_fbid=727778317573696&id=100010246032791&ref=bookmarks

Xreti guna hp nk cnp...

thanks tn uckiller atas link petition ni

 

[mai128]

mujahid lagi.. apa la **** menteri sekor ni..

 

[mai128]

rasanya quota 10% unit rumah utk bumiputra pun akan dimansuhkan kalau x terjual.. mmg x mampu la nak beli kalau harga mcm gila khinzir.. yg mkn khinzir jer la yg bnyk mampu beli..

 

[SKK]

Hapuskan je lah hak istimewa orang Melayu tu. Melayu tak kesah pun. Apa ada dengan hak istimewa tu untuk orang Melayu? Kat Malaysia ni hanya orang Cina dan India aje yang ada hak istimewa sebab tu ada sekolah india dan cina. Kalau kat negara lain mana ada. Ada pulak orang Melayu mangkuk hayun yang sokong diaorang tu lagi la naik tocang.