What sensitive issues in the Federal Constitution affect ICERD ratification?

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Sensitive Constitutional Issues Presented Obstacles to ICERD Ratification

Malaysia's ratification of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) faced significant hurdles due to sensitive issues embedded within the Federal Constitution. The country was not sufficiently prepared to navigate these constitutional complexities, necessitating careful consideration and consultation. Professor Datuk Rahmat Mohamad highlighted that the Federal Constitution contains sensitive matters that directly intersect with the provisions of ICERD, making a straightforward ratification process unfeasible.
Constitutional Sensitivity and Ratification Challenges

The core of the challenge lay in the inherent sensitivities within Malaysia's Federal Constitution, which Rahmat indicated needed to be addressed before ICERD could be ratified. He articulated that when discussing ICERD, the presence of these "sensitive issues" within the Federal Constitution creates a situation where immediate signing is not possible. This implies a need to reconcile the obligations under the international convention with the existing constitutional framework, a process that requires more than a simple agreement.
Need for Judicial and Royal Consultation

Beyond the constitutional text itself, the practical application and understanding of ICERD were also identified as lacking. Rahmat noted that the Malaysian judiciary required education regarding the local application of the convention, suggesting a gap in preparedness for its implementation. Furthermore, the process of ratifying ICERD mandated consultation with the Conference of Rulers, a crucial step in addressing matters of constitutional and national significance that involve the unique position of the Malay Rulers.
The Process of Preparation for Ratification

Rahmat stressed that while Malaysia was not ready to ratify ICERD in 2019, the country needed to commence the process of preparation. He described this preparation as an essential ongoing process, indicating that a thorough understanding and integration of ICERD into the Malaysian legal and societal context were required. This preparatory phase would involve addressing the constitutional sensitivities and ensuring that the judiciary and other stakeholders were equipped to handle the implications of the convention.

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What sensitive issues in the Federal Constitution affect ICERD ratification?

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