Affirmative Action in Malaysia: Constitutional Conflict with the ICERD?

Abstract

Copyright © 2018 The Author. Since the landmark event of 9th May 2018 in Malaysia, when a peaceful, democratic revolution dismantled the stronghold of Malaysia’s single-party rule for the past 61 years, the newly minted government has made robust promises for the betterment of Malaysian citizens. One of these promises includes a renewed commitment to the development of human rights in the country. This commitment was recently tested, as Malaysia debated a decision to ratify the United Nations International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). A 700-odd crowd protested and opposed Malaysia’s intended ratification, amongst other vocal opponents who have expressed themselves through press conferences and social media. Four days ago, Malaysia finally decided not to ratify the ICERD. Why, one might ask? Is it really an unreasonable thing to hope for racial equality?An answer could lie in what Thomas Sowell once stated: “When people get used to preferential treatment, equal treatment seems like discrimination.”