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Bumiputera have nothing to fear from Icerd
Published:  Nov 22, 2018 8:24 PM
Updated: 12:24 PM

COMMENT | The Dayak National Congress (DNC), Sarawak Dayak Graduates Association (SDGA) and Society For Rights of Indigenous People Sarawak (Scrips), three native-based civil societies with members in Sarawak, Sabah and Malaya, fully support the federal government’s decision to ratify the International Convention on the Elimination of All Forms of Racial Discrimination (Icerd).

As an international document that promotes elimination of discrimination, Malaysia must be on the forefront. It is our international obligation. Malaysia is well-known as a country for its strong stand for international justice and therefore it’s all the more important that we practise it at home first before we want to teach the international community of how to value justice amongst all races.

Malaysia used to be and always has been a role model for racial harmony at the international level for its fair treatment of all races. Our reputation cannot be tarnished now by our refusal to comply with international standard values.

As a country that aspires to be a First World country, fairness and equality are amongst the main thrusts that are indispensable to move forward. We will never achieve our national ambition as a first world nation when our policy framework is not based on justice and equality but subject to the whims and fancy of extremist groups.

There is nothing for the bumiputera community to fear. The special position of the Malays and natives of Sabah and Sarawak are guaranteed and secured under Article 153 of the Federal Constitution. So long as the Federal Constitution remains the same, our special position remains and there is nothing to fear.

The possibility of Article 153 being deleted is so remote because the majority of the members of Parliament are Malays and natives of Sabah and Sarawak. Certainly, an amendment to Article 153 is not going to happen in the near future.

Article 153 of the Federal Constitution has its two sides. As much as it provides for the special position of the bumiputera – Malays and natives of Sarawak and Sabah, it also protects the legitimate rights of the non-bumi. What this entails is that every citizen of this country has his or her rights constitutionally guaranteed. Nevertheless, the provision for special positions or legitimate rights must be distinguished from rights of monopoly.

Everyone is to be treated according to their respective constitutional guarantees. This also means that neither bumi nor non-bumi are to be discriminated against. If Article 153 provides a certain quota to the bumi then the non-bumi must be accorded the rights to participate in the fields outside the quota system.

As natives of Sarawak, SDGA, DNC and Scrips want to emphasise here that we do not want our special privileges to be turned into rights of monopoly for certain groups only. We would like to see that all citizens of this country are given their constitutional rights as accorded to them without any discrimination.

We want to see this being practised in Malaysia because we want harmony to prevail. We want everybody to respect each other and this will dispel any feeling of animosity between communities.

We have wasted so much time struggling over which community has more rights than the others than nation-building. If all communities are treated well and equal, then so much can be done as all communities feel that they are part of this beloved nation. Patriotism will not be an issue at all.

Pools of talented people will not leave this country to serve in countries which treat them better than Malaysia. Having so many talented people willingly serving the country means a strong nation. This is our dream as Malaysians, not just for we natives in Sarawak and Sabah but for all Malaysians.

Noble idea

Any support or opposition to Icerd should not be based on irrationality but based on valid facts and reasoning. As the needs of all communities have been provided for in Article 153 – in the form of special position and legitimate rights for bumi and non-bumi respectively, there is no need at all for any quarter to get hysterical; less still to run amok. If any party demands more than what has been provided for under the law then those demands are most likely are unreasonable.

Much like our Federal Constitution, Icerd is not a document that is devoid of elements of fairness and justice. It is not a document that does not understand the need for national sentiments and protections of the underprivileged. Article 1 and 2 clearly provide for “preferential treatment for the advancement of race [...]”

These two articles have a similar objective to Article 153. It does understand the need to advance the cause of any race which are underprivileged and in need of special attention with the ultimate aim that all races in any given country will achieve the same level of development. The whole purpose is to achieve equality for citizens of a country and this is a noble idea.

Our Article 153 does not make any community a master race in Malaysia. If the criteria for being the master race in based on being the original inhabitants, then the master race in Malaya would be the Orang Asli while in Sabah and Sarawak would be the natives. As Dr Mahathir Mohamad always says, why bother wanting to be called a master race when we are economically despondent.

Even those in power can’t call themselves as towkay because the ultimate paymasters are the taxpayers. On the same token, Rafidah Aziz is right – we are all Malaysians and we should promote the Malaysian race.

If those who have been in power are now opposing Icerd, it simply means that all the while they have been either practising racial discrimination or approve of it. This is totally unacceptable to Malaysia. We as natives of Sarawak and Sabah have not bargained for racial discrimination.

We want a government to just give each community what has been bargained for when this nation was formed and certainly not a master race for one community while the others are considered otherwise.

We voted for a government to advance the cause of our nation as a whole where justice and fair play prevail. We therefore fully support the present regime to do just that and not to give in to the demands of certain groups who have been in power before and now adamant in wanting to destroy what this country stands for.

When the Pakatan Harapan government was formed on May 9, there was so much hope and expectation in the air. All the reforms that were delivered within its 100 days promise were so euphoric and exhilarating but we must not stop there.

There are many more reforms required. We natives of Sarawak are still waiting for reforms to remove all forms of racial discrimination. We also want fairness in appointment in the public sector which has caused much unhappiness amongst the Dayak community. Generally, the Dayak community has been neglected when it comes to the provision in Article 153 of the Federal Constitution.

Declining to sign Icerd is a step backwards. The Harapan government must not waver in its commitment to ratify Icerd. Why should those who stand for discrimination be allowed to run the country when our preference was voiced out during GE14 for a new and fair Malaysia? We must be joking to allow discriminations to prevail.

Who in the world will oppose equality and fair play? For Malaysia to stand out amongst the few countries like N Korea and Myanmar who are yet to sign the Icerd is just like a sore thumb. Icerd also has nothing to do with religion. Those countries which have ratified the Icerd are from all religious backgrounds.

We are in complete solidarity with our native friends in Sabah who support the signing of Icerd.


PAUL RAJA is president, Dayak National Congress, DUSIT JAUL is president, Sarawak Dayak Graduates Association and MICHAEL JOK is secretary-general, Society For Rights of Indigenous People Sarawak.

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

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