Never-ending bumi policy dashes hope for ‘New Malaysia’


December 31, 2019

by Dr.Kua Kia Soong 

Never-ending bumi policy dashes hope for ‘New Malaysia’

COMMENT | We will be starting the New Year with our hopes for a New Malaysia dashed by the announcement of Prime Minister Dr Mahathir Mahathir that the bumiputera agenda (expiry date 1990) will continue.

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The NEP stays for as long as The Malays have political power. Let us not kid ourselves. It is non-negotiable, although I believe it is a major obstacle to Malay economic advancement. Discrimination on the basis of race is a fact.–Din Merican. 

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As in 1970 when the New Economic Policy started, and again in 1990 when the New Economic Policy was replaced by the National Development Policy which then morphed into the New Economic Model in 2010, we are treated to the same ludicrous doublespeak.

Doublespeak has been defined by some as “the ability to accept two conflicting beliefs, opinions, or facts as valid and correct, simultaneously. Doublespeak may happen because of someone being willfully perverse or as a result of faulty logic.” It is of course a word coined by George Orwell in the novel 1984.

Consider this. In the process of announcing the continuation of this Never-ending Bumiputera Policy, the Prime Minister tells Malays to stand without the ‘tongkat’ that the government is going to continue to provide them.

Even more doublespeak was the Bersatu President Muhyiddin Yassin’s pious wish that the implementation of the new bumiputera agenda as part of the Pakatan Harapan government’s core policy “must contribute towards economic growth with benefits enjoyed by all Malaysians”.

Why is it not possible to have an Affirmative Action Policy for the B40?

I find it remarkable that after more than 60 years of affirmative action for the bumiputera, we still cannot find intellectuals who can devise a race-free affirmative action policy! Our scholars and intellectuals have been schooled in the best universities overseas but they still cannot come up with a policy that does not discriminate on the basis of race.

An exception is economist Dr. Mohamed Ariff, who spoke out against such racially discriminatory policies in 2013:

“The NEP had outlived its usefulness and the government must move affirmative action policies from race-based to needs-based. This policy shift will ultimately benefit the Malays as they form the bulk of 40 percent of households in the lower-income bracket… The government’s policies seem to be populist in nature and not focused… hand-outs should only be given in crises, such as famine, as they remove the incentive to work hard. The Malays would not be able to compete in a globalised environment if they continued to depend on hand-outs.”

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Prof Terence Gomez has often questioned the race-based criteria for wealth distribution:

“Why the continuing fixation with numbers when many Malaysians, among them even members of BN component parties, have questioned the veracity of these government-released ownership figures? Even if bumiputera equity ownership is increased to 30 percent, would this mean that wealth has been more equitably distributed among members of this community or between them and other Malaysians? And, most importantly, should we continue to perpetuate a discourse on equitable wealth distribution among Malaysians along racial lines?”

At the Bersatu general assembly, the Prime Minister has justified the continuation of this racially discriminatory policy on the grounds that more than 70 percent of the B40 are bumiputera. If that is so, why not have an affirmative action policy for the B40, which would be race-free and would be agreeable with our Icerd obligations? Why practise racial discrimination and be noted as one of the few pariah nations in the world community that do not ratify Icerd?

What happened to the slogans for ‘New Malaysia’, ‘Asian Renaissance’, ‘Malaysian Malaysia’? Have these all been empty slogans? The other leaders of Pakatan Harapan – Anwar Ibrahim, Lim Kit Siang, Mohamad Sabu, P Waythmoorthy, who have condemned racial discrimination in the past – have not said a word about the continuation of the bumiputera agenda announced by the prime minister. Does silence signify consent or indifference?

Litany of crony capitalists

Given the Pakatan Harapan manifesto, it was shocking, though sadly not surprising, to hear Bersatu vice-president Abdul Rashid Abdul Rahman (photo above) supporting delegates at its general assembly by calling for government resources to help the party. The former Election Commission chief said Bersatu must do all it could to win elections “by hook or by crook”. He said, “Looking at the situation now, we cannot defend our position as the governing party because the division chiefs are being left out of contracts.” Right, so contracts for the boys!

And was it surprising that throughout the years of the bumiputera agenda, Malaysia has featured high on The Economist’s crony capitalism index. Uncontrolled rent-seeking has allowed politically well-connected billionaires to double their wealth, thereby posing a threat to the free market, The Economist said. These rent-seeking industries include those easily monopolised, and that involve licensing or heavy state involvement, which it said was “prone to graft”.

This skewed bumiputera agenda is at the heart of the kleptocracy problem the Harapan government claims it wants to fix after the GE14.

From the 80s on, Mahathir’s privatisation of state assets ensured the divestment of state capital into the hands of favoured Malay crony capitalists. The success of the NEP in restructuring capital has, in the process, increased class differentiation within the Malay community. Thus, instead of targeting and providing strategic aid to the poor of all ethnic communities, the Umno ruling elite has continued to use the tried and trusted strategies of race-based cash aid and uplift plans aimed at bumiputeras.

Authoritarian populism of the Malaysian state

Image result for book byas Anne Munro-Kua

The truth is, as Anne Munro-Kua has analysed in her book, the Malay ruling elite in Malaysia has relied on an authoritarian populist style of rule to stem the possibility of the peoples from different ethnic communities uniting into a class-based political force and to simultaneously ensure the continued political domination of the Malay-led coalition.

  • A communal populist approach continues to be used to deflect the economic grievances of the Malay labouring classes against capitalist exploitation into a race-based ideological allegiance to the Malay ruling elite. The results from the GE14 will further ensure Harapan rely on such populist policies to try to capture the Malay rural votes.

While bumiputera policies are intended to benefit all bumiputera, the reality is that these policies have been usurped by the privileged Malay elite whose weak enterprise culture and expertise has had damaging consequences for the economic health of the nation. The bureaucracy has grown in tandem with the populist measures by the state capitalist class to carve out bigger and bigger slices of the rural and urban economic pie.

Institutional obstacles to attaining high-income status

According to an IMF working paper, Malaysia, as compared to other Asian countries, faces a larger risk of slowdown stemming from institutional and macroeconomic factors. A recent Asia Foundation Report also points to a compelling need for Malaysia to shift from a race-based to a needs-based policy in order to address imbalances in society and improve the democratic process to ensure good governance and that the rule of law prevails. It points out that poor institutions could deter innovation, hamper the efficiency of resource allocation and reduce the returns to entrepreneurship.

The report goes on to reason that despite the numerous bold policy measures and long-term plans introduced by the government over the years, Malaysia’s economic progress continues to be plagued by a lack of innovation and skills, a low level of investments in technology, declining standards in education, relatively high labour cost and sluggish growth in productivity. These lagging factors can be traced to the continuation of a backward racial discriminatory policy.

Thus far, Malaysia’s education system has failed to produce the skills and talent required to take the country’s economy to the next level. A key obstacle lies in the government’s failure to promote a fair and open economy. The bumiputera policy and insufficient checks and balances continue to hamper the country’s economy, leading to poor practices in governance. Reforms, especially the replacement of racial discriminatory policies with race-free inclusive policies are critically needed to rally the nation to achieve its economic objectives.

Affirmative action based on need, not race

In Malaysia, since the passing of the deadline for the NEP in 1990, it makes developmental sense to implement a new socially just affirmative action policy based on need or class or sector. Thus, if Malays are predominantly in the rural agricultural sector, the poor Malay farmers would be eligible to benefit from such a needs-based policy while the rich Malay land-owning class would not. Only such a race-free policy can convince the people that the government is socially just, fair and democratic.

The cost and consequences of the racially discriminatory policy in Malaysia have been immense especially since the NEP in 1971. It has caused a crippling polarisation of Malaysian society and a costly brain drain.

While the Chinese middle and working classes in Malaysia have largely adapted to this public sector discrimination by finding ways to make a living in the private sector, this has not been so easy for working class Indians.

Many Malaysian Indians have found themselves marginalised, much like the African Americans in the US were, especially after the destruction of the traditional plantation economy. The cost of preferential treatment has also seen greater intra-community inequality, with higher class members creaming off the benefits and opportunities.

More potentially dangerous and insidious is the effect this widespread racial discrimination has had on ethnic relations in this country. Unity can only be promoted through an affirmative action policy based on need, sector or class, never on race.


KUA KIA SOONG is adviser to human rights NGO Suara Rakyat Malaysia (Suaram)..

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

Call me racist but Malays are in decline and it’s our fault – Dr M


December 29, 2018

Call me racist but Malays are in decline and it’s our fault – Dr. M

https://www.malaysiakini.com/news/458169

 

ERSATU AGM | Bersatu chairperson Dr Mahathir Mohamad’s policy speech at the party’s general assembly tonight was full of introspection on the fate of the Malays and their need to be uplifted.

Mahathir said Malays were lagging behind economically but that this was their own fault.

“Yes, I will be accused as a racist for exposing the fate of the Malays and bumiputera. But for 70 years I have seen the decline happening to my people.

 

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This Jamal Fella is a parasite

Malaysian Taxpayer-funded New Economic Policy( NEP ) was introduced in 1970. Now it is 2019. When will it end? We are running  out of excuses. And soon we will be out of oil revenues too.

“It is okay if they tarnish my name as long as my race realises the ill fate which will befall them in the future. Realise that this is our own fault. Don’t find fault in others,” Mahathir said in his closing remarks.

He said the Malays must reject their old culture and create a new culture to save themselves. This includes not relying on a tongkat (walking aid), his decades-old term for affirmative action.

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Bersatu’s positioning as a Malay party has often been criticised by Pakatan Harapan supporters who want the party to be a multiracial one, similar to their allies.

However, the prime minister said in his speech that it was neither racist nor wrong to fight for the Malays who are separated from the other races by a wealth gap.

He said this was because economic disparity with a racial context was a dangerous combination which must be avoided.

“Race can’t be changed but the gap between the poor and the rich can be narrowed if not eliminated.

“It would be irresponsible of us if we do not try to avert racial riots (due to economic inequality) by at least narrowing the gap between the rich and the poor,” he said.

Standing tall

Earlier in his speech, however, Mahathir said the tongkat can’t be used for the long term. “For the week, a tongkat can help. But aid such as this can’t be maintained. When strength has returned the tongkat must be dropped.

“The idea that the tongkat is a sign of honour is wrong. Maintaining it for self-honour is unfounded,” he said.

Instead, the 93-year-old said those who had honour were those who stood tall on their own.

Bersatu, he said, would act as guardians of the Malays but only temporarily as the Malays must learn to be their own guardians.

This he added, could be achieved if they were no longer poor and successful economically, not politically.

“(We join politics) not to become prime minister, minister, menteri besar, or chief minister. We join politics so that one day we will no longer need to rely on politics.

“We join politics to save and free ourselves and achieve success as a race that is capable of competing with anyone with each and every one of us is capable of standing without a tongkat,” he said.

The three-day Bersatu annual general assembly will end tomorrow.

 

And the newsmaker of 2018 is…


December 28, 2018

And the newsmaker of 2018 is…

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https://www.malaysiakini.com/news/458052

Published:  |  Modified:

 

POLL | Over the past 18 years, Malaysiakini has without fail named a top newsmaker as we bring the curtain down on the year.

A newsmaker is defined as “someone whose actions make news headlines, who effects the course of public discourse and creates an impact in Malaysian politics, for better or worse”.

Malaysiakini has nominated 15 candidates for the Newsmaker of 2018 award.

A total of 3,445 participated in the seven-day poll. They voted by indicating their preference for each of the nominees – 0 being the lowest and 10 the highest.

And here’s their verdict…

https://pages.malaysiakini.com/topnews2018/en/newsmakers.html

Yesterday: Top 10 news of 2018 – Malaysiakini readers’ choice

Previous newsmakers

2017 – Mahathir Mohamad

2016 – MO1

2015 – Mahathir Mohamad

2014 – Passengers and crew of MH370 and MH17

2013 – Rosmah Mansor

2012 – Ambiga Sreenevasan

2011 – Bersih supporters

2010 – Ibrahim Ali

2009 – Teoh Beng Hock

2008 – YOU

2007 – VK Lingam

2006 – Mahathir Mohamad

2005 – Joint award – Rafidah Aziz and Mahathir Mohamad

2004 – S Samy Vellu

2003 – Husam Musa

2002 – Zainuddin Maidin

2001 – Rais Yatim

 

Entering a new year with what ifs– A 2019 Message To PH Leadership. Reject Ketuanan Politics


December 27, 2018

Entering a new year with what ifs– A Message To PH Leadership.Reject Ketuanan Politics

Leadership at its most fundamental is about moving people in the right direction – usually through changing their thinking and actions. It’s about empowering the people to move forward together towards a shared goal of improving the human condition.

In South Africa, it’s known as ubuntu – “the profound sense that we are human only through the humanity of others; that if we are to accomplish anything in this world, it will in equal measure be due to the work and achievements of others,” Mandela said.

An ancient word of the Bantu peoples in South Africa, ubuntu essentially means “’I am what I am because of who we all are”. –Eric Loo

Leadership at its most fundamental is about moving people in the right direction – usually through changing their thinking and actions. It’s about empowering the people to move forward together towards a shared goal of improving the human condition.

In South Africa, it’s known as ubuntu – “the profound sense that we are human only through the humanity of others; that if we are to accomplish anything in this world, it will in equal measure be due to the work and achievements of others,” Mandela said.

An ancient word of the Bantu peoples in South Africa, ubuntu essentially means “’I am what I am because of who we all are”.

Ubuntu manifests itself in our individual actions, in our family, in society, and on a larger scale in our politics. When we work together in the ubuntu spirit to oil the squeaky wheels of reforms and keep it turning, it will eventually lead to a transformation of cultures and mindsets.–Eric Loo

COMMENT | Madiba’s Way – Lessons on Life is worth a repeat reading. The book describes how former South African president Nelson Mandela, as a young boy, used to herd the village cattle with his friends in the afternoon.

“You know, when you want to get the cattle to move in a certain direction, you stand at the back with a stick,” he said.

“And then you get a few of the cleverer cattle to go to the front and move in the direction that you want them to go.

“The rest of the cattle follow the few more energetic cattle in the front, but you are really guiding them from the back. That is how a leader should do his work.”

As we start the New Year with a new government grappling with the old issues of communal politics and party factionalism, let us reflect on Mandela’s pragmatic leadership in apartheid South Africa, why the answer to complex questions is not always either-or but often the inclusive both, and the ideals that a leader is prepared to die for.

Leadership at its most fundamental is about moving people in the right direction – usually through changing their thinking and actions. It’s about empowering the people to move forward together towards a shared goal of improving the human condition.

In South Africa, it’s known as ubuntu – “the profound sense that we are human only through the humanity of others; that if we are to accomplish anything in this world, it will in equal measure be due to the work and achievements of others,” Mandela said.

An ancient word of the Bantu peoples in South Africa, ubuntu essentially means “’I am what I am because of who we all are”.

Ubuntu manifests itself in our individual actions, in our family, in society, and on a larger scale in our politics. When we work together in the ubuntu spirit to oil the squeaky wheels of reforms and keep it turning, it will eventually lead to a transformation of cultures and mindsets.

Here, I’m reminded of the Group of 25, a congregation of Malay public intellectuals who came out to strongly reject Islamic extremism and “supremacist NGOs” that “have led to the deterioration of race relations, eroded citizens’ sense of safety and protection under the rule of law and undermined stability”.

But since its formation in December 2014, not much else is known about the G25 or how the progressive Malay intelligentsia could have significantly influenced the tone and contents of the national conversation. Which leads me to wonder about the what ifs as we enter the New Year.

What if the G25 had sustained its intellectual momentum and prompted the emergence of other progressive bumiputera think tanks?

Would it have fostered a gradual transformation of mindsets and rethinking of ketuanan politics among the Malays?

Would we see less factional politics in the Harapan cabinet and more concerted efforts in meeting its election promises of fundamental reforms?

What if Mahathir were to step aside over the next year or so and guide a younger leader ‘from the back’ the Mandela way? Would the leadership transfer see us move forward to a Malaysia Baru, away from the old politics of special rights and privileges? Maybe not.

What if the stranglehold of Ketuanan politics on the Malay mindset were to regress Pakatan Harapan to the vision and values, policies and propaganda, character and convictions of the old UMNO-led BN?

The situation is certainly fluid. As we enter another year of political uncertainties and factionalism, let not the cliched messages by our leaders be mere rhetoric.

Let us ensure that their pedestrian words of hope are matched by their audacious deeds over the next four years or so.

Here, I’m reminded of the “audacity of hope” that President Barack Obama invoked often in his speeches.

Writing in The Audacity of Hope: Thoughts on Reclaiming the American Dream (2006, page 63), he said: “Sometimes we need both cultural transformation and government action – a change in values and a change in policy – to promote the kind of society we want … I believe in the power of culture to determine both individual success and social cohesion … we ignore cultural factors at our peril.”

May the 20-something age voters with their ideals, particularly from the Malay heartland, foster a new progressive language that can shift the bumiputera-or-non-bumiputera mentality to an inclusive mindset, akin Malaysian ubuntu that channel our energy into overcoming impossibilities and fulfilling potentials rather than continuing to harp on special privileges and rights to move ahead.

As we enter the New Year, may the polity awaken the ubuntu spirit here to replenish our hope for improved living conditions, equitable opportunities for all, and institutional reforms under Pakatan Harapan, which the rakyat gave the mandate to govern for the next four years or so, but which they can easily take back at the GE-15 if the new government morphs into another UMNO-BN outfit.


ERIC LOO is a senior fellow (journalism) at the School of the Arts, English & Media, Faculty of Law Humanities & Arts, University of Wollongong. He is also the founding editor of Asia Pacific Media Educator.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

 

 

 

 

 

Harapan entering a grey area, a year before 2020


December 26, 2018

Harapan entering a grey area, a year before 2020

 

 

Opinion  |  by Phar Kim Beng

COMMENT | As I write this, Malaysia, as governed by Pakatan Harapan, is entering both a festive occasion – marked by Christmas and the New Year – and a festering one too. There are five telltale signs of the latter:

  • The tragic death of firefighter Muhammad Adib Mohd Kassim in the Seafield temple riots.
  • The 55,000 who gathered in Kuala Lumpur for the rally against the International Convention on the Elimination of All Forms of Racial Discrimination (Icerd).
  • Authorities seemingly forgetting about M Indira Gandhi’s missing daughter, and about Teoh Beng Hock’s death nearly ten years ago.
  • Close to 15 percent of Malaysia’ population will be above 60 years of age by 2023.
  • About 38,000 Felda settlers getting cost of living aid  and deposits for replanting.

In any one of the above, Harapan has at best either been silent, or belatedly proactive. Meanwhile, the world continues to change in five ways:

  • US President Donald Trump deciding on two simultaneous withdrawals from Syria and Afghanistan, signalling the end of American presence in two of the most conflict-prone regions in the world.
  • Russia staying quiet on the pullout of American troops, although this strategic withdrawal is akin to the collapse of the Berlin Wall.
  • Islamic State and the Taliban also staying quiet, suggesting a deeper motivation to push deeper into the Western world, or perhaps Asia, to wreak more havoc;
  • China’s One Belt, One Road initiative, which appeared to be all but irreversible, has been challenged by the Quad (United States, Japan, Australia and India).
  • Japan, one of the key powers in the Indo-Pacific region, continuing to shrink in terms of population, thus further heightening its insecurity.

These are dangerous times. There are some quaint parallels: the elan of the Vietnam War, when Communist forces pushed forward from the north to south in 1975; the fall of Kabul in 1989; the Russian incursion in Georgia in 2008; and the slow but organic militarisation of South China Sea from 2011 onwards when China, for the first time, referred to the area as its “core interest,” a term previously only reserved for Taiwan and Tibet.

But there is no telling if Harapan is aware of the whiplash effects of these world events. Political scientist Arthur Stein once warned of the importance of “relative gains” in international relations, wherein all great powers see gains and losses in zero-sum terms.

Granted, Malaysia has a foreign and defence policy that seems to be geared towards the centrality of ASEAN. But there is no telling if it wants to adjust to a post-US-Japanese world and the emerging Sino-Russian world order.

East Asia is entering this post-US-Japanese world. The US had always made it a point to keep Tokyo informed of any dramatic moves.

But now, at the speed of a tweet, Trump proceeded to announce the withdrawal of the US from the theater of the Middle East and South Asia, without notifying its staunchest East Asian allies Japan and South Korea.

Japan got its first taste of the ‘Nixon shock’ when the then-US president announced his plan to visit China in 1971, before Nixon announced his New Economic Programme, which included abandoning the gold standard.

The country would be shocked again when it received no thanks from Sabah Al-Ahmad Al-Jaber Al-Sabah of Kuwait for its financial contribution to Operation Desert Storm led by then-president George Bush.

What Trump did in recent weeks must constitute a third shock for Japan – a major ally pulling out of two regions at the same time, even with the opposition of outgoing Secretary of Defense James Mattis.

By pulling out of Syria and Afghanistan, Japan must be reeling from the fear that its security relationship with Washington can be subject to the same forces that catapulted Trump to power – populism and the American far right.

China and Russia must also be smiling in glee, with the American admission of the impossibility of conducting simultaneous conflicts in two regions.

Malaysia is entering a world of uncertain geopolitical realities and flux.

What adds to the instability is the fact that it is ruled by a new coalition of four parties now beset by infighting – and one still due for a possibly messy transition at the top.

Prime Minister Dr Mahathir Mohamad still looks set to hands over the reins to Anwar Ibrahim, although there are signs that things are less than rosy behind the scenes – such as when the daughter of the latter quit her posts in government.

The new year seems likely to put Malaysia in a pinch as it looks ahead to 2020.


PHAR KIM BENG is a multiple award-winning head teaching fellow on China and the Cultural Revolution at Harvard University.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

 

 

UN man dumbfounded by Malaysia’s resistance to ICERD


December 26, 2018

UN man dumbfounded by Malaysia’s resistance to ICERD

Gün Kut says there is a misunderstanding over ratifying ICERD in Malaysia.

KUALA LUMPUR: A member of a United Nations (UN) committee tasked with monitoring the implementation of ICERD said Malaysia is now seen globally as accepting racial discrimination by not ratifying the international treaty.

This follows Putrajaya’s decision not to ratify the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) this month, which led to a mammoth rally to give “thanks”.

“When the United Nations Human Rights Council asked me to come to Kuala Lumpur to talk about ICERD, I had no idea I would be falling in the middle of a serious controversy. I thought it would be a standard meeting,” Gün Kut, a Turkish national who is part of the 18-member Committee on the Elimination of Racial Discrimination (CERD) based in Geneva, Switzerland, told a forum here.

He questioned how ICERD could become extremely politicised in Malaysia when it is an international convention for the protection of individuals against racial discrimination.

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“Racism and racial discrimination is everywhere, so no state, country or government can claim there is no discrimination.

“When you look close enough you may find cases often unheard of… yet it’s there,” Gün, speaking in his personal capacity, told a forum last week on strengthening national unity through the Federal Constitution and ratifying ICERD, organised by the Malaysian CSO-SDG Alliance at the Royal Lake Club here.

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Gün said Malaysia now found itself facing more pressure than ever because it seemed as if it did not accept non-discrimination.

“Which is not the case,” he said. “All I see is a misunderstanding”.

He said he still found it difficult to understand why Malaysia refused to sign the treaty.

“We look at who is not signing it (ICERD) and why. I have an explanation for Nauru. I have an explanation for North Korea. But what should I think about Malaysia?” he asked.

Gün lumped together Nauru, an island country in Micronesia northeast of Australia, North Korea and Malaysia as three countries which had not ratified ICERD without a good reason.

ICERD 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 a number of Malay groups.

They say ratifying ICERD would undermine the special position of the Malays and the natives of Malaysia, including provisions to allow quotas in public institutions.

They also oppose the ICERD’s timeline on member countries to end affirmative action programmes and benefits, which they say would sound the death knell for Malaysia’s decades-old pro-Bumiputera policy.

But Gün said the treaty would never “insist” on a time frame for affirmation action policies to be stopped as that discretion lay with the respective member states.

“It is up to the government to decide how they wish to act on our recommendations. This is not a peace treaty. It is a convention which creates a mechanism for states to voluntarily follow international standards.

“It is for the government to commit itself (to ICERD) vis-a-vis its own people.”

He said governments voluntarily signed ICERD “according to the letter and spirit of the convention” while dealing with “issues in their territories” on racial discrimination, saying this could be customised.

“But if it is seen as something that gives a defined group preferential treatment forever, that’s a different matter,” Gün said.

“If positive measures go beyond redress for victims of one particular group… then… that would be discrimination.”

However, Gün said ICERD could intervene in issues that intersected with race, such as religious conflicts among ethnic groups “provided that there is discrimination on the basis of race that so happens to involve religion”.

Asked why CERD did not seek an audience in Parliament to explain to MPs about ICERD, Gün said this would make it seem like the UN was pushy.

“It would be difficult to promote ICERD to a non-signatory state and put pressure on member states. It would backfire, and seem as though the UN is imposing something (forcefully),” he said.

The debate over the ICERD followed a speech by Dr. Mahathir Mohamad at the United Nations General Assembly in September, 2018 where he said his government would ratify the remaining human rights conventions endorsed by the world body.

But the Prime Minister admitted that this would be difficult to do, and his office later announced that ICERD would not be ratified.

Malaysia has only signed three UN treaties since 1995.