We are battling for a mature democracy

This is the fourth day of P Waythamoorthy's hunger strike.
COMMENT

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.

There are six major proposals in Hindraf’s five-year blueprint . The first five are specific to programmes 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 realised, 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); and
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 Displacment by the United Nations.

The implications of the signing and ratification of these UN Covenants oblige 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 institutionalised racist regime has developed since the inception of the nation. Dr Benjamin Bowling of School of Law, King’s College London, defines institutionalised racism as 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 institutionalised racist regime in our country are:

a) The Federal Constitution basically establishes two 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 programmes and licenses, permits etc. to one race

e) The state controls religious freedom to the disadvantage of non-Muslims, imposes Muslim religious laws on non-Muslims and extends the jurisdiction of the Syariah Courts to 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 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 categorised as a narrow race-centred document by our detractors. Both BN and Pakatan Rakyat 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 organisation.

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 programmes 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.

These are some of the fundamental changes that Hindraf struggles for. In doing this, Hindraf is promoting the cause for a more mature democracy in our country, of a more robust and prosperous Malaysia for all. The reality of Malaysia is that it is a multicultural and multiethnic nation. The way forward is more fundamental change consistent with this reality. If all we tinker around with is some nominal change at the fringes, we are going to be getting more of the same for years to come.

Those that wish to see our demise cast us as a narrow racist organisation, in spite of the fact that we struggle to promote democracy boldly. They use a convoluted definition of racism to cast us thus. We stand up for the victims of institutionalised racism, and in which book of true learning does that constitute racism? The basis for truth cannot be who can shout louder.

P Waythamoorthy is the Hindraf chairperson. He has been on his hunger strike since March 10.