Cross the Rubicon

The Malaysian Government created unnecessary confusion and further public discourse on the official position of the nation’s status regarding the ICERD and Rome Statute, which warranted the Rulers to stand up and give Titah on the matter and in the tone of violation of the Federal Constitution.

The Malay Mail story:

Johor Sultan warns against ratifying UN conventions, accuses Putrajaya of violating Constitution

KUALA LUMPUR, March 23 —  Johor Sultan Ibrahim Iskandar has accused Putrajaya today of going against the Federal Constitution in its move to ratify several core human rights conventions, including the recent Rome Statute of the International Criminal Court (ICC).

In an address at his birthday celebration in Johor Baru, he also harshly labelled those who are allegedly disputing the authorities of state rulers and governments when it comes to Islam, water, forestry, and land as “traitors”.

“Any party that touches the rights and powers of a ruler or state government, is breaking the law and can be considered as traitors,” he said.

“The action of the federal government to ratify ICERD and signed the Rome Statute is an action that is contradictory to the Federal Constitution because it touches on the power of the rulers and the special status of the Malays as well as the sanctity of Islam in the country.”

The text of his speech was published by his crown prince Tunku Ismail Ibrahim on his Facebook page.

ICERD refers to the International Convention on the Elimination of All Forms of Racial Discrimination — which Putrajaya has backed off from ratifying following pressure from Malay-Muslim lobby groups.

The ICERD seeks to oblige countries to ensure that everyone, regardless of race, is able to enjoy a long list of rights some may take for granted, including the right to freedom of expression, the right of peaceful assembly, the right to work, the right to housing, the right to medical care, social security, education and even the right to access places for the public’s use such as restaurants, theatres and parks.

“The government should remember on the social contract in the history of the formulation of the Federation of Malaya, where the special status of the Malays and the powers of the Yang di-Pertuan Agong along with the Malay rulers are not to be touched or infringed,” the sultan added.

The sultan’s remark came even after Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah has decreed earlier this month to dispel any misinformation regarding the International Criminal Court Statute, including the claim that the Yang di-Pertuan Agong will be exposed to the prosecution.

Wisma Putra has also repeatedly explained that the Agong cannot be held responsible towards the four core international crimes covered by the statute: genocide, crimes against humanity, war crimes, and the crime of aggression.

Putrajaya also explained that ratifying the statute does not require the agreement of the Conference of Rulers, since it does not fall under the nine issues stipulated under Articles 159(5) and 38(4) of the Constitution.

Despite that, it said the Cabinet will still inform the Agong of the decision in respect of the principles of Constitutional Monarchy.

Sultan Ibrahim today warned the federal government against ratifying any international conventions just for the sake of foreign recognition, claiming it would jeopardise the rights and sovereignty of the country and its citizens.

Pakatan Harapan had in its manifesto pledged to ratify core United Nations conventions to in order to protect the human rights of Malaysians.

Sultan Iskandar then reminded members of the public that Johor is an independent sovereign state that has existed prior to the Federation of Malaya and Malaysia.

“This sovereignty means Johor has powers and rights in executing matters as enshrined in the state and Federal Constitution,” he said.

Despite the sultan’s claim, as one of the states in the federation of Malaysia, Johor’s jurisdiction is spelled out in the Ninth Schedule of the Constitution. Foreign policy is under the jurisdiction of the federal government.

The remark today came following a protest by Malay-Muslim groups yesterday in Johor, who submitted a memorandum to the sultan protesting against acceding the Rome Statute.

Recently, Johor crown prince Tunku Ismail Ibrahim has questioned Putrajaya’s ratification of the Rome Statute, causing Prime Minister Tun Dr Mahathir Mohamad to dismiss the statement made by Tunku Ismail as being his personal opinion, saying the prince is not an elected representative. 

NST story:

Msia accedes to the Rome Statute of the International Criminal Court

MARCH 5, 2019 @ 12:04AM 

BY AZURA ABAS

PUTRAJAYA: Malaysia on Monday signed the Instrument of Accession to the Rome Statute of International Criminal Court.

Foreign Minister Datuk Saifuddin Abdullah signed the instrument following the decision of the Cabinet during its meeting on Dec 12 last year.

The instrument was deposited to the Secretary-General of the United Nations on the same day.

“Malaysia’s accession to the Rome Statute reflects its commitment to combating international crimes for global peace and security.

“As a responsible member of the international community, Malaysia stands firm by its belief in the rule of law and acknowledges ICC’s complimentary role to existing domestic laws.

“Malaysia stands ready to work together with all state parties in upholding the principles of truth, human rights, rule of law, fairness and accountability,” Wisma Putra said in a statement.

On Feb 15, Yang Di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah was informed by Saifuddin of the decision of the Cabinet on the matter.

“The prime minister had previously written to His Majesty, the acting Yang Di-Pertuan Agong (Sultan Nazrin Shah) on Dec 26, 2018, informing the latter of the Cabinet’s decision on the matter.”

The ICC was established in 2002 and is governed by the Rome Statute.

The ICC is the first permanent, treaty-based, international criminal court, with the objective to end impunity against the perpetrators of the most serious crimes of concern to the international community, namely genocide, war crimes, crimes against humanity and crimes of aggression.

************

Further confusion is added that a media report stated Gerontocracy Prime Minister Tun Dr. Mahathir Mohamad said there are a few paramount issues of reservation on Malaysia ratifying the Rome Statute.

NST story:

PM: We want to ratify Rome Statute, but…

KUALA LANGAT: Malaysia is keen on ratifying the Rome Statute of the International Criminal Court, subject to conditions and only if it is brings in positives for the country, says Prime Minister Tun Dr Mahathir Mohamad.

This, he said, was because of the various freedoms spelt out under the statute, some of which could be at odds with Malaysia.

“We want to ratify but it is subject to our conditions in this country. There are certain things that they want to do that under the Rome Statute which we cannot do. For example, under the Rome Statute, there is absolute freedom for everybody to do all kinds of things.

“There are men marrying men, women marrying women. I do not know what they do when they marry. But they are very funny people. We do not have to be funny people like them. That, we do not accept. We only accept the good ones,” Dr Mahathir told a press conference after launching the Love My Palm Oil campaign in Pulau Carey on Sunday.

Dr Mahathir was asked to comment on a statement by the Sultan of Johor Sultan Ibrahim Sultan Iskandar, whom in his birthday speech, reportedly accused Putrajaya of violating the Federal Constitution by signing the Rome Statute.

Sultan Ibrahim was quoted as saying that the Rome Statute, along with the attempt to ratify the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), had touched on the monarchy, Malay privileges and sanctity of Islam.

He was also quoted as saying that “anyone who touches on the rights and powers of a monarch or state government has violated national laws and can be considered traitors.

“The federal government’s intention to ratify ICERD and sign the Rome Statute is a move that is against the Federal Constitution because it touches on the powers of the monarch, Malay special privileges, and the sanctity of Islam in this country.”

Meanwhile, Dr Mahathir said Public Accounts Committee chairman Datuk Seri Dr Ronald Kiandee will keep his position despite making the move from Barisan Nasional to Parti Pribumi Bersatu Malaysia (PPBM).

“This is not a legal matter. It is a promise made by Pakatan Harapan. We can do it anytime (replace the PAC chairman). We will stick to our promise but it is not necessary that when moment something happens, you have to drop everything.

“We will think about and we will find a good candidate. At this moment, he (Ronald) remains PAC chairman,” said Dr Mahathir, who is also PPBM chairman.

*********

The gross inconsistency and lack of clarity for the Federal Government policies, decisions made, announcements and serious doubts on the roll out and implementation brought forth worsening confidence on the Pakatan Harapan Government.

There is a strong rumour that Chinese top commercial leaders also expressed the grave lack on confidence to do business in Malaysia.

Recently, it was believed that Finance Minister Lim Guan Eng and Political Secretary Tony Pua went to Hong Kong and met several leading Chinese global business owners.

The issue of the unilateral cancellation of Mega Projects was brought up and questioned during the meetings.

This include the ECRL highway project from Port Kelang to Tumpat in Kelantan is Malaysia Government’s is not reliable to follow through a decision and agreement made.

The incompetency of the Malaysian Government to plan and managed the nation on behalf of the rakyat is abundantly clear.

In this instance by acceding to the Rome Statute is a manifestation of inking a document and having after thought, which include not agreeing to the full set of terms.

On 8 December last year, half a million Malaysians, predominantly the Malay-Muslim converged and had a massive anti-ICERD demonstration in Dataran Merdeka.

Other issues which made the majority of Malay-Muslims very concerned had manifested their deep displeasure of not anguish.

It is time they converge again in a massive demonstration. The violation of the Federal Constitution, in letters and spirit is the matter of grave concern.

This violation include as Malay the official language.

DAP Ministers and Deputy Ministers have used Mandarin in their official Federal Government communique.

After all, Islam as the religion of the Federation of Malaysia, the role and position of HRH Rulers and articles pertaining to the Malays are defining ingredients of the nation.

When they ‘Cross the Rubicon’, they have to deal with the wrath.

Published in: on March 24, 2019 at 20:00  Leave a Comment  

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