Another Brick in the Wall
DAP Charles Santiago’s grouse with the four “Professor Kangkung” was for warning the Malay Rulers that as Supreme Commander, the Agong, is open to the risk of being prosecuted by the International Criminal Court (ICC).
It is no new material. Tun Dr Mahathir’s childish quarrel with TMJ insinuated of a vocal royal opposing toward the Rome Statute for the pleasure of beating people up.
If Tommy Thomas was right to say at the UM Forum that no such risk exists since any military action is the civilian government decision, then Mahathir is laying blame to the Supreme Commander of the Johor Military Force.
As written in earlier postings, the ICERD and Rome Statute issues could have been laid to rest had it not been for the stubborn Foreign Minister, Dato Saifuddin Abdullah.
Not only did he supersede the Prime Minister to sign the statute without his consent, he intended to accede to the Rome Statute by ignoring the announced withdrawal.
TMJ quoted Dato Mukhriz’s reported hope that the statute be ratified. That served only to expose Boboi’s limited understanding of the workings of international conventions and statutes.
The immediate effect to Malaysia upon becoming a party to any international convention and statute is laws must be amended to reflect the articles within the conventions and statutes.
Then one can see the real impact as it is happening in Saudi Arabia, where, being a party to ICERD, they are required to allow the issuance of liquour and night club licenses. There was a big demonstration in Riyadh against it recently.
Naturally, the provisions for the special status of Islam, the syariah court, Bumiputera rights, Malay royalties, national language, native rights, native courts, etc. could be deemed discriminatory or inhumane or whatever criteria that may be suited to the few making ultimate decisions on suitability.
It will require a Constitutional amendment and its continuity with Malaysia’s past history severed by the neo-colonialist.
The liberal groups are hiding this fact from the public, especially the Malays on the ground on the real effects of signing international instruments.
Malaysia practises dualism of law, or in other words, is a dualist state which separates international and domestic laws.
Any international instrument officially ratified or recognised has to be applied in the domestic law. Hence absorbing articles of ratified international instruments into domestic law means it becomes Malaysia’s written law too.
In other words, international statutes and conventions will impose their will on our sovereignty.
No tidak apa here even if it is said by the country’s AG or renown immigrant law Prof Shad Saleem Faruqi. It is not for these few individuals who lack the locus standi to represent any constituencies or groups of citizens to determine.