KUALA LUMPUR (Oct 16): Rembau MP Khairy Jamaluddin got it wrong when he said ratifying anti-discrimination UN treaty contradicts Malay special position, according to Lawyers for Liberty (LFL).

Khairy in the Dewan Rakyat yesterday had argued that ratification of the International Convention on the Elimination of all forms of Racial Discrimination (ICERD) may affect Article 153 of the Federal Constitution on the special position of Malays, among others.

In a statement today, LFL adviser N. Surendran said Khairy’s views were plainly misguided and there was no need for such concern.

He explained that Malaysia can proceed to ratify the Convention whilst entering a reservation or declaration on Article 2.2 of the Convention which Khairy claims is inconsistent with Article 153.

“This is elementary. Malaysia has on many occasions entered reservations when ratifying international conventions such as in the case of the Child Rights Convention (CRC),” he said.

Surendan said most of the States that have so far ratified the ICERD have also entered reservations or declarations limiting or clarifying the application of certain articles to their respective domestic situations.

“For example, Singapore has also entered a reservation on Article 2 of the Convention,” he said.

Surendran said entering such a reservation will not be contrary to the objects of the Convention, as it only involves that particular clause. The are many other clauses that are extensive in their impact, upon all aspects of racial discrimination which will be unaffected by reservation upon Article 2.2.

“For Malaysia to be a proud member of the international community, it is imperative to ratify at once, the ICERD,” Surendan said.