Among Suhakam’s functions is to promote awareness of and provide education in relation to human rights in the country. — KAMARUL ARIFFIN/The Star
ANY effort to accede to international treaties must be accompanied by measures to curb misinformation and misunderstanding created by some quarters that oppose ratification due to questionable agendas, says a legal expert.
Following the Human Rights Commission of Malaysia’s (Suha-kam) latest appeal to accede to the International Convention on the Elimination of All Forms of Racial Discrimination (Icerd) and the Refugee Convention, Univer-siti Teknologi Mara senior law lecturer Dr Ikmal Hisham Md Tah points out that preparing the public through continuous engagements on the matter is crucial. This is because the ratification of such treaties will entail a comprehensive legal and administrative review to ensure Constitutional compliance and alignment with domestic legal and policy frameworks.
Ikmal Hisham says, for instance, if the country is to re-accede to the Rome Statute, talks with relevant stakeholders before any accession will need to be carried out.
Such engagements are meant to clarify the country’s stand and the treaties it plans to accede to, apart from gaining feedback crucial to ascertaining the next course of action.
“To do this, [the government needs to] engage with various stakeholders, including the Conference of Rulers and enforcement agencies, as well as the military and civil society organisations (CSO).
“Consistent engagements will curb misinformation, especially to counter the narratives on the impact of ratifying the Rome Statute on the sovereignty and immunity of state officials.”
Ikmal Hisham points out that preparing the people through continuous engagements on treaties remains crucial.
He also points out that listening to the people’s views is important in gauging their understanding of the treaties signed, as well as their general influence on Malaysia.
“We cannot use a ‘lock stock and barrel’ approach when signing international treaties. We need to observe possible repercussions for our institutions and society.”
For example, among the matters that are often misunderstood is the perception that Icerd will erode the country’s sovereignty, rulers’ powers, Malay rights, and the position of Islam.
In 2018, Constitutional expert Prof Datuk Dr Shad Saleem Faruqi had said in response to detractors of Icerd, that international law is not law, as implemented domestically.
“Even if ratified by the executive, Icerd cannot displace Article 3 (Islam), Article 153 (special position of the Malays and natives), and Article 181 (prerogatives of Malay Rulers). This is due to the legal fact that our concept of ‘law’ is defined narrowly in Article 160(2) and does not include international law.
“The Constitutional position on the Icerd is, therefore, this: even if the Icerd is ratified by the executive, it is not law unless incorporated into a parliamentary Act. Even if so legislated, it is subject to the supreme Constitution’s Articles 3, 153, and 181.
“Unless these Articles are amended by a special two-thirds majority, and the consent of the Conference of Rulers and the Governors of Sabah and Sarawak, the existing Constitutional provisions remain in operation.”
On Monday, Prime Minister Datuk Seri Anwar Ibrahim during his speech at Suhakam’s 25th anniversary event, said that the public must have a proper understanding of matters related to human rights before acceding to Icerd and other treaties.
Anwar said this was to prevent negative reactions that can be harmful, as seen during protests against the accession to Icerd back in 2018 over fears that it would erode rights under Article 153 of the Federal Constitution.
Lawyer Andrew Khoo says, if the government says it is looking into acceding to Icerd, he hopes that the effort will be done in good faith instead of employing excuses to delay the accession.
“The issue of race in our country is common. People are already knowledgeable about that. This is not a special issue, so much so that we need special education or special awareness [campaigns].
“While I am not against the idea of getting people to better understand the issue, that process can be used as an excuse to delay things by saying that there is not enough public consultation or not enough information.”
Nevertheless, Khoo supports the idea of facilitating a better understanding of such treaties.
“Maybe we need to make sure that the text of these things is available in Bahasa Malaysia so that people can understand better. But these are international instruments.
“It is not necessarily easy to translate them into Malay because there are complexities.
“I’m not even sure if the people have read the one in English and understand what it means. But this has not stopped us from proceeding in the past.”
