Friday 16 November 2018

ICERD: George, You Do Not Have To Speak On My Behalf...


George, you do not have to speak on my behalf. We don't share the same sentiments.

"we urge the Government to, as a first step accede ICERD WITHOUT RESERVATIONS in an expeditious manner"

You can urge the Government all you want in your own personal capacity with the mental faculties that you have. Having said this, I'm not in any way disrespecting yourself. I do respect your opinion but I find myself unable to agree with you. After all, it is rather common all lawyers disagree on many issues right down to which Cafe which offers the better service.

Let's not be foolish. There are pressing issues affecting the Bar and its members. As much as ICERD is a National issue to some, there are other greater issues affecting the country that needs attention. Malaysia Baharu can be baharu in many good ways. I suggest, just as how the majority of Malaysians voted out the previous Government democratically, let them decide on ICERD as well. We'll, at least, that is what is painted by Tun when asked on this. Would be fair, right? Amanah and PPBM are against it too. Not sure about PKR save for a few individuals who seems to disagree with ICERD. Pretty sure DAP is all for it.


Go back to the roots of this Nationhood. Our constitution have protected the rights for all races. We do have National Schools, Sekolah Jenis Kebangsaan and all.

We do not close down Chuches like how China is doing to the Christians and Muslims.

Further, there is no caste system in Malaysia and/or any discrimination of any sorts.

"For this narrative to turn real, India needs to break the shackles of prejudice, discrimination and violence that keep more than one-quarter of India’s population at the bottom of socio-economic hierarchy and targets of hate crimes." - Ashwini Deshpande is a professor of economics at the University of Delhi.

Without reservations? Well, you could at least give your reasonings for that.

Countries with with resrvations

QATAR

Qatar’s accession to these conventions included both formal reservations on articles to which Qatar will not consider itself bound by as well as statements by Qatar indicating how the government will interpret certain provisions, in accordance with Islamic Sharia law, the national constitution, and other national laws.

As to the ICESCR, Qatar acceded with reservation to Article 3 of the convention, to which the State does not consider itself bound by because of the incompatibility with inheritance and birth principles of Islamic Sharia Law.

SAUDI ARABIA

Reservations:

[The Government of Saudi Arabia declares that it will] implement the provisions [of the above Convention], providing these do not conflict with the precepts of the Islamic Shariah
.
The Kingdom of Saudi Arabia shall not be bound by the provisions of article (22) of this Convention, since it considers that any dispute should be referred to the International Court of Justice only with the approval of the States Parties to the dispute.

SINGAPORE

Reservations and declarations made upon signature and confirmed upon ratification:

"The Government of the Republic of Singapore makes the following reservations and declarations in relation to articles 2, 6 and 22 of the International Convention on the Elimination of All Forms of Racial Discrimination (hereinafter referred to as the “Convention”) adopted by the General Assembly of the United Nations in New York on the 21st day of December 1965 and signed on behalf of the Republic of Singapore today:

(1) The Republic of Singapore reserves the right to apply its policies concerning the admission and regulation of foreign work pass holders, with a view to promoting integration and maintaining cohesion within its racially diverse society.

(2) The Republic of Singapore understands that the obligation imposed by Article 2, paragraph 1 (d) of the Convention may be implemented by means other than legislation if such means are appropriate, and if legislation is not required by circumstances.

(3) The Republic of Singapore interprets the requirement in Article 6 of the Convention concerning “reparation or satisfaction” as being fulfilled if one or other of these forms of redress is made available and interprets “satisfaction” as including any form of redress effective to bring the discriminatory conduct to an end.

(4) With reference to Article 22 of the Convention, the Republic of Singapore states that before any dispute to which the Republic of Singapore is a party may be submitted to the jurisdiction of the International Court of Justice under this Article, the specific consent of the Republic of Singapore is required in each case."

UK

Her Majesty's Government have decided that the United Kingdom should sign the Convention, these objections notwithstanding, because of the importance they attach to the Convention as a whole."


Upon ratification:

"First, the reservation and interpretative statements made by the United Kingdom at the time of signature of the Convention are maintained.

"Secondly, the United Kingdom does not regard the Commonwealth Immigrants Acts, 1962 and 1968, or their application, as involving any racial discrimination within the meaning of paragraph 1 of article 1, or any other provision of the Convention, and fully reserves its right to continue to apply those Acts.

"Lastly, to the extent if any, that any law relating to election in Fiji may not fulfil the obligations referred to in article 5 (c), that any law relating to land in Fiji which prohibits or restricts the alienation of land by the indigenous inhabitants may not fulfil the obligations referred to in article 5 (d) (v), or that the school system of Fiji may not fulfil the obligations referred to in articles 2, 3 or 5 (e) (v), the United Kingdom reserves the right not to apply the Convention to Fiji."

There are more to the above, go read.

USA

III. The Senate's advice and consent is subject to the following declaration:

That the United States declares that the provisions of the Convention are not self-executing."

JAPAN

Reservation:

"In applying the provisions of paragraphs (a) and (b) of article 4 of the [said Convention] Japan fulfills the obligations under those provisions to the extent that fulfillment of the obligations is compatible with the guarantee of the rights to freedom of assembly, association and expression and other rights under the Constitution of Japan, noting the phrase `with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of this Convention' referred to in article 4."


Now, you expect our sovereign Nation to accede without reservations.. Thinking cap missing somewhere I suppose.

Why should Malaysia subject herself to such convention? What benefits do we get? None. If at all, ICERD is a farce.

UN can't even lift a finger against the Zionist.

Other sovereign nations join with reservation. UK too. Yes, Britain and the legacy of its empire that was responsible for many of the world's historic problems. Be it in India and elsewhere. And, particularly Persekutuan Tanah Melayu, Sabah and Sarawak which forms Malaysia as equal partners.

And you expect us and has urged the Government in the name of the Bar to join without reservations. Go on saying that in your own capacity outgoing President.

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Assalamualaikum dan Salam Kedah Aman Makmur,
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