There are six major
proposals in Hindraf’s 5 year blueprint. The first 5 are specific to
programs and recommendations that directly impact the lives of the
Indian poor. The sixth proposal is however universal in its implications
to all of Malaysian society and is clearly a proposal that when
realized will make Malaysia a mature democracy.
P. Waythamoorthy
This
is the fourth day of my Hunger Viratham. Today I have begun limiting my
talking. I spend my time in prayers, thinking, writing and resting.
In
this third part I will be penning my thoughts on the contributions that
Hindraf is making and has made to move Malaysia to be a true democracy.
Part 3
Hindraf is moving Malaysia towards true democracy
There
are six major proposals in Hindraf’s 5 year blueprint. The first 5 are
specific to programs and recommendations that directly impact the lives
of the Indian poor. The sixth proposal is however universal in its
implications to all of Malaysian society and is clearly a proposal that
when realized will make Malaysia a mature democracy.
The sixth proposal in the Blueprint reads:
6. Bringing Human Rights Practice in Malaysia up to International Standards
1)
To bring the standard of Malaysian law to be consistent with
international human rights law and international humanitarian law by
signing and ratifying the following International Covenants of the
United Nations and then to adjust the Malaysian laws to be consistent
with our commitment to these International laws..
· International Covenant on Civil and Political Rights (CCPR)
· International Covenant on the Elimination of all forms of Racial Discrimination (CERD)
2) To adopt the guiding principles as set forth in the Guiding Principles on Internal Displacement by the United Nations.
The
implications of the signing and ratification of these UN Covenants
obliges Malaysia to the elimination of all forms of racial
discrimination. Parties are obliged to not discriminate on the basis of
race, not to sponsor or defend racism, and to prohibit racial
discrimination within their jurisdictions. They must also review their
laws and policies to ensure that they do not discriminate on the basis
of race, and commit to amending or repealing those that do.
This
sixth demand in our blueprint is clearly consistent with all the Human
Rights work that Hindraf has been doing. These Human Rights legislations
are protective laws. Malaysia is a multicultural, multiethnic society
and is vulnerable to manipulations of greedy elements within.
Just
look at what has happened in our country. An institutionalized racist
regime has developed since the inception of the nation. Dr. Benjamin
Bowling of School of Law, King’s College London defines
Institutionalized racism thus: Institutionalised racism is the process
by which people from ethnic minorities are systematically discriminated
against by a range of public and private bodies. If the result or
outcome of established laws, customs or practices is racially
discriminatory, then institutional racism can be said to have occurred.
The hallmarks of the institutionalized racist regime in our country are:
a)
The Federal Constitution basically establishes 2 classes of citizens,
vide Article 153, the root of the racist system.
b) The State sanctions racist and religious extreme laws and policies
c) The State controls the Government Administration through one racial and religious group
d) The State channels most funds for economic/education/social development programs and licenses, permits etc., to one
race
e) The State controls Religious freedom to the disadvantage of non-Muslims, imposes of Muslim religious laws on non-
Muslims and extends the jurisdiction of the Syaria Courts onto non-Muslims.
f)
The State sponsors violence and threats of violence both directly and
indirectly (outsourced) on the citizens to create
fear among the non-Malay non-Muslims.
g) The State sanctions draconian, punitive laws and gives blank cheques to the Police to make arbitrary arrests of
dissenters.
h) The State explicitly and implicitly declares that the Malays are the masters (Malay Supremacy) and the sons of soil.
All
of this is in direct contravention to the stipulations of the
International laws. Hindraf in including this into the Blueprint is
boldly speaking up for all Malaysians.
The
Blueprint document that boldly calls for the establishment of a set of
laws that will eliminate racism in our country is categorized as a
narrow race-centred document by our detractors. Both BN and Pakatan
today are not inclined to open their mouths on these issues now or ever.
Yet they can call themselves “ Beyond Racial Boundaries” and
“1Malaysia” and turn around and brand Hindraf as a racist or an
extremist organization.
In
addition to these demands in the Blueprint, much of what Hindraf
pursues relates to changes that are fundamental in nature. It is our
belief that only changes that are fundamental can promote the cause of
true democracy. Instead what we get today that which is called change
and progress towards more democracy are cosmetic changes, one upmanship
changes or just simple face changes. What we need are some fundamental
changes like:
- Clear and unambiguous commitment to the principles of Equality for all as stipulated in Article 8 of the Federal Constitution as in the original Reid Commission submission.
- Strict adherence to the original spirit and intention of the Malaysian Constitution .
- Constitutional amendments to incorporate a truly impartial and independent Constitutional Court .
- Increased checks and balances to maintain integrity of the key institutions of the Government.
- To implement new economic programs to benefit all Malaysians irrespective of race and religion.
- To provide protection for minority rights.
- To give Borneo states their promised autonomy as per the 1963 Malaysia agreement.
- To adopt and ratify all International Human rights treaties and to abolish all repressive laws.
Those that wish to see our demise cast us as a narrow racist organization, inspite of the fcat that we struggle to promote democracy boldly. They use a convoluted definition of racism to cast us thus. We we stand up for the victims of institutionalized racism, and in which book of true learning does that constitute racism. The basis for truth cannot be who can shout louder.
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