Most Read
Most Commented
Read more like this
mk-logo
From Our Readers

The debate and the government’s harsh response to the Hindraf rally continues. In my opinion, it is important for Hindraf to get its language right before they embark on a global campaign to highlight their concerns about the discriminatory treatment of Indians in Malaysia.

For example, their memorandum calls for Malaysia to be referred to a world court and the International Criminal Court. Firstly, a world court does not exist. The closest we have to a world court is the International Court of Justice (ICJ) which is located in the Hague. It settles disputes between states in accordance with international law.

Only states can bring cases before the ICJ. Individuals, groups and NGOs are excluded. Even state parties have to consent before being brought to the court. The ICJ has no special mandate to adjudicate claims involving human rights violations. It deals with the rights of individuals only to the extent that they are implicated by an interstate dispute.

Secondly, the International Criminal Court (ICC) deals with issues of crimes against humanity, genocide, war crimes and crimes of aggression. It can only exercise jurisdiction if the accused is a national of a state party or if the crime was committed on the territory of the state party. Therefore, no state or even the United Nations would be able to take the case to the ICC as Malaysia has not ratified the Rome Statute and is not a state party.

Thirdly, ‘ethnic cleansing’ is a strong claim to make. They need to show that there has been an attempt "to remove a people and often all traces of them from a concrete territory" or "rendering an area ethnically homogeneous by using force or intimidation to remove from a given area persons of another ethnic or religious group." I believe this would be impossible to prove and that "dramatising” the issue would not help the cause of Indians in Malaysia.

If there is sincerity to bring substantive change to the situation of Indians and other marginalised groups in Malaysia, we must use a rights-based language and approach. We must show how Barisan National's policies have systematically violated the principles of non-discrimination and equality enshrined in international human rights standards. Through well-researched reports we need to show how these policies have affected a range of vulnerable and marginalised groups in Malaysia. With this research, we can then start lobbying, campaigning and mobilising people at the national level.

Only then can we also go to the international community and NGOs to make a credible case for international pressure on these issues. Once again, it is crucial for Hindraf to get its language right and to use a rights-based approach. Any allegations or assertions should be backed up with credible research. Or else it will undermine all those who have supported their cause as well as make it hard to convince, not just the international community, but even Malaysians to support its cause.

ADS