The Fearmongering Dewan Debates Against International Treaties

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One Member confided that in all his years in the Dewan Rakyat, what he saw developing was a heightened level of communal politics never before seen. The unpleasantness infected even the interjections in the course of the debates.
The irony was not lost on me on 19 November 2018 when in the course of his reply to Members’ questions raised during the budget debate on the Prime Minister’s Department’s allocation, the Minister in the Prime Minister’s Department in charge of National Unity, Senator Waytha Moorty Ponnusamy, was relentlessly shouted down to such an extent that the Members who were attacking him verbally were not at all interested to listen to his points of reply.
The matter that triggered the outburst was Malaysia’s proposed ratification of the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD).
This was an otherwise respected treaty to outlaw racial discrimination defined by Article 1 of the treaty as “any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life”, with exclusions provided within it.
Never mind that one such exclusion is “positive discrimination”, the proposed move was perceived by the Opposition MPs as a threat to the special position of the Malays and the Bumiputeras under Article 153 of the Federal Constitution, and the position of Islam as the religion of the Federation.
One after another, a barrage of loud statements and insults were hurled at the Minister, with shouts of “Racist, Racist!” and a demand that the Minister apologise for statements that he had made ten years ago in the Netherlands as a leader of the Hindu Rights Movement, Hindraf.
The former minister in the Prime Minister’s Department Waytha MoorthyThe Minister had then allegedly said there was racial and religious discrimination in Malaysia, Hindu temples had been destroyed and there were incidents of forced conversions.
It was unfortunate that such statements were allegedly made in such terms overseas and the fallout was in a way to be expected.
To my mind, it was equally unfortunate that the strong protestations against them should be made in Parliament – ten years later!
The Senator had been appointed as the Minister of National Unity and there he was trying to reply to the points raised in the debates, but he was not given the real opportunity to do so. A few Opposition Members even shouted they were not interested to listen to him anymore and there was no need for him to reply.
I tried my level best to moderate and pacify the tense atmosphere and implored these Opposition Members to give the Minister the chance to reply.
I also reminded them there were schoolchildren in the public gallery, but all my exhortations were in vain. One Member even went to the extent of stating let the schoolchildren hear and know we are protecting their future.
Much to my disappointment, I had to end that session by saying since obviously the members were no longer interested to listen to the Minister, the Minister should just stop replying and sit down. I can only summarise the heated atmosphere generally.
Former Dewan Rakyat Speaker Mohamad Ariff Md YusofThe Hansard, if read in full, will record the full extent of the toxic exchanges. I reproduce some parts here for the reader to contemplate.
Tan Sri Haji Noh bin Haji Omar [Tanjong Karang]: Okey, terima kasih. Yang Berhormat kata peguam, saya juga peguam. […] Jangan cerita fasal peguam dalam ini. Jangan ingat Yang Berhormat sahaja peguam. Saya hendak bagi tahu. Saya hendak tanya satu sahaja pandangan peribadi. Saya tengok semua tengah viral. Mengapa di Netherlands Yang Berhormat cakap lain? Mengatakan kita ini diskriminasi, runtuh kuil, paksa masuk Islam. Dalam Dewan yang mulia ini Yang Berhormat mengatakan pula kita tidak ada diskriminasi. You are double standard. You kena betul-betul...
Dato’ Sri Reezal Merican bin Naina Merican [Kepala Batas]: You have to qualify the...
Dato’ Haji Che Abdullah bin Mat Nawi [Tumpat]: Tidak layak Menteri ‘perpaduan’.
Tan Sri Haji Noh bin Haji Omar [Tanjong Karang]: Jangan lah cakap lain. Jangan waktu di luar you menghina negara kita, you menghina Islam, kemudian dalam Dewan ini you hendak jadi hero pula. Yang Berhormat...
Dato’ Dr Shamsul Anuar bin Nasarah [Lenggong]: Ini bukan Menteri ‘perpaduan’, ini Menteri penghasut. [Pembesar suara dimatikan] […]
Dato’ Sri Haji Tajuddin bin Abdul Rahman [Pasir Salak]: Itu yang bersongkok[-]songkok sana, Melayu sana itu apa jadi? Fikir haram... [Dewan riuh] [Pembesar suara dimatikan]
Inflammatory statements
We were beginning to hear dangerous inflammatory statements floating in the august House, despite the Standing Orders banning such outbursts.
Whilst the verbal attacks against the Minister for National Unity was focused on the proposed ratification of ICERD, another round of attack was targeted at the-then Minister of Foreign Affairs, Datuk Seri Saifuddin Abdullah, who was responding to questions on the proposed ratification of the International Covenant on Civil and Political Rights (ICCPR).
Former foreign affairs minister Saifuddin AbdullahAlmost similar arguments were raised by the Opposition MPs who interjected. The fear that the ICCPR would force Malaysia to allow Muslims to leave Islam because of the international yardstick of freedom of religion.
This was forcibly argued to the extent that the Minister was accused of being “liberal”, followed by the interjection, “You are prepared to sell your own people.” Again, for the reader to sense the deteriorating environment, I quote from Hansard.
Dato’ Dr Shamsul Anuar bin Nasarah [Lenggong]: This is not the Minister of “unity”, this is the Minister who instigates... [Microphone muted] [...]
Dato’ Sri Haji Tajuddin bin Abdul Rahman [Pasir Salak]: Those wearing the songkok [-]. With songkok that side, the Malays there, what is happening? Thinking “haram” [Uproar in the House] [Microphone muted]
Dato’ Saifuddin Abdullah: Jadi tidak timbul isu yang dibangkitkan. Akan tetapi Yang Berhormat Pasir Salak, kalau saya boleh cadangkan Yang Berhormat baca laporan diskriminasi yang dikeluarkan oleh Pusat KOMAS. Baca juga laporan SUHAKAM tentang keperitan isu-isu tanah Orang Asli dan itu jugalah latar belakang mengapa pentadbiran Pakatan Harapan ingin membatalkan atau memansuhkan beberapa undang- undang dan ingin meminda beberapa undang-undang. Kalau Yang Berhormat Pasir Salak kata tidak berlaku diskriminasi dan sebagainya, saya tidak tahulah Yang Berhormat duduk di dunia mana.
Dato’ Sri Haji Tajuddin bin Abdul Rahman [Pasir Salak]: Tuan Yang di-Pertua, yang dibawa oleh Yang Berhormat Menteri Jabatan Perdana Menteri yang diikuti oleh Yang Berhormat Menteri Luar Negeri ini diskriminasi terhadap bukan bumiputera. Itu maksudnya yang hendak dibawa kepada konvensyen itu. Ya, you jangan geleng kepala. I know you. You are very liberal. [Pembesar suara dimatikan] [Dewan riuh]
Timbalan Yang di-Pertua [Dato’ Mohd Rashid Hasnon]: Sila Yang Berhormat Menteri, teruskan Yang Berhormat Menteri.
Dato’ Saifuddin Abdullah: Tuan Yang di-Pertua, saya ucap terima kasih kerana Yang Berhormat Pasir Salak menuduh saya sebagai liberal. Bermakna saya ikut Rukun Negaralah. [Ketawa]
Tuan Ahmad Fadhli bin Shaari [Pasir Mas]: Yang Berhormat, nanti...
Dato’ Sri Haji Tajuddin bin Abdul Rahman [Pasir Salak]: You are prepared to sell your own people. [Dewan riuh]
Beberapa Ahli: Tarik balik.
Tuan Sanisvara Nethaji Rayer a/l Rajaji [Jelutong]: Saya minta Yang Berhormat Pasir Salak tarik balik. [Pembesar suara dimatikan]
Thus, the proposed ratifications of several international multilateral treaties that would have enhanced the international image of Malaysia became mired in domestic issues of racial discrimination, the special position of the Malays and Bumiputeras and the position of Islam in the Federal Constitution.
The actual legal provisions and ramifications under international law and the reservations allowed became buried in the torrents of misinterpretations, emotions, domestic issues and racial insecurities. It was bad.
Unfortunately, at this time Parliament had not yet established a Special Select Committee on Foreign Relations or International Relations for all these issues to be analysed and discussed objectively and without prejudices.
It could have worked better had Parliament had such a committee, but then again there could not be a guarantee it would.
Deputy Speaker [Dato’ Mohd Rashid Hasnon]: The Honourable Minister, please proceed.
Dato’ Saifuddin Abdullah: Mr. Speaker, I offer my thanks to the Member for Pasir Salak who accuses me of being liberal. which means I abide by the Rukun Negara [Laughter]
Tuan Ahmad Fadhli bin haari [Pasir Mas]: The Honourable Member, wait…
Dato’ Sri Haji Tajuddin bin Abdul Rahman [Pasir Salak]: You are prepared to sell your own people. [Uproar in the House]
Some Members: Withdraw.
Tuan Sanisvara Nethaji a/l Rajali [Jelutong]: I ask that the Member for Pasir Salak to withdraw. [Microphone muted]
This is an excerpt from Mohamad Ariff Md Yusof's new book titled "Parliament, Unexpected", a reflection on his time as the Dewan Rakyat speaker. - Mkini

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