Sabah indigenous people group supports ratification of ICERD

KOTA KINABALU - A local NGO championing the rights of indigenous people has urged the federal government to ratify the controversial UN treaty on the elimination of racial discrimination, as long as it is in line with the Malaysia Agreement 1963 (MA63).

Persatuan Anak Negeri Sabah said ratification of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) should be in step with MA63, especially regarding the alienation of land for indigenous communities.

“Reservations on the rights of indigenous communities must be honoured as has been international accepted in the UN Declaration on the Rights of Indigenous Peoples,” its chairman Ester Golingi told reporters today.

Golingi dismissed the claims by some that ratifying the treaty would harm the rights of indigenous people in Sabah and Sarawak, saying the ICERD was based on the promotion of fair principles and equal justice before the law, regardless of race.

Ester Golingi

She said the ICERD also condemned any agenda of racial supremacy, which she claimed had stunted the country’s growth.

“It is unfortunate that in the context of Malaysia, race includes religion,” she said.

“Article 160 of the Federal Constitution defines a Malay as a person who, among others, professes the religion of Islam, habitually speaks the Malay language, and conforms to Malay customs.

“As a result, Malay citizens who convert out of Islam are no longer considered Malay under the law, and the Bumiputera privileges afforded to them under Article 153 of the constitution as well as the New Economic Policy are forfeited.”

Likewise, she added, a non-Malay Malaysian who converts to Islam could lay claim to Bumiputera privileges provided that he or she meets the other conditions as well.

Golingi said the issue stemmed from decades of Malay-centric politics in Malaya, which she urged Sabahans to reject.

“We must cherish and be proud of our God-given ethnicity. Do not get confused between race and religion. Many of the problems our nation runs into are caused by delusions of race and religion. Let us be true to ourselves.”

Adding that diversity in race and religion should be celebrated, she said this was the mark of a mature nation.

“Adopting the ICERD is an important first step to move Malaysia towards becoming a progressive nation which is necessary for competition in the global society,” she said.

She also proposed that people’s religion be removed from their MyKads, recalling the warning by UN Special Rapporteur on Freedom of Religion and Belief Ahmed Shaheed that forcing people to declare their religions in that way could open the door to discrimination.

“Besides, Malaysia is now one of the few nations which have not ratified the ICERD. It is in the same boat as countries like North Korea, Angola and Myanmar.

“Indonesia, which is ethnically more diverse than Malaysia, has ratified the ICERD.”