Duli Yang Maha Mulia Seri Paduka Baginda Al-Wathiqu Billah Sultan Mizan Zainal Abidin Ibni Al-Marhum Sultan Mahmud Al-Muktafi Billah Shah
RE: PETITION TO HIS HIGHNESS THE MALAYSIAN KING IN CONJUNCTION WITH INTERNATIONAL DAY FOR THE ELIMINATION OF RACIAL DISCRIMINATION.
PETITION TO SET UP A ROYAL COMMISSION WITH VIEW TO
MAKE RECOMMENDATIONS TO DISMANTLE AND END ALL
MALAYSIA’S INSTITUTIONALISED RACIST POLICIES.
We write in reference to the highest law on our land, the Malaysian Federal Constitution that declares all those born in Malaysia as Malaysian nationals and that which guarantees and confers important fundamental human rights upon all Malaysian citizens. It is upon those bases that we request your Highness’ indulgence on the following issues.
Your Highness, we respectfully bring to your attention that our own Malaysian Constitution at Article 8(1) reiterates the first Article of the Universal Declaration of Human Rights, that: “All human beings are born free and equal in dignity and rights”.
Of particular importance to us is Article 153 of the Federal Constitution, which bestows upon the Agong the power of having (i) the responsibility, “…to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak…” and (ii) “the legitimate interest of all the other communities in accordance with the provisions of this Article.”
However, following our country’s independence, the prerogative role of the Agong to determine the extent of the quotas for the Malays and natives of Sabah and Sarawak has been usurped by UMNO and the results have transgressed all norms of human rights and universal human rights standards.
We have seen how the UMNO led government, under the pretext of preserving national security and peace, has propagated and continues to propagate government sponsored policies that seek to perpetuate special privileges for the Malays while ignoring its legal duty on safeguarding the legitimate interest of all minority Malaysians. The ruling UMNO party, using such racist policies is deliberate in deflecting the original true intention and spirit of the Article 153 as their sole interpretation and emphasis on the first limb of Article 153 is in direct conflict of Article 8:
(1) “All persons are equal before the law and entitled to the equal protection of the law”; and
(2) “Except as expressly authorized by this Constitution, there shall be no discrimination against the citizens on the ground only of religious, race, descent or place of birth in any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.”
We therefore draw your Highness’ attention to the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, adopted in 1963, which states:“Discrimination between human beings on the grounds of race, color or ethnic origin is an offence to human dignity and shall be condemned as a denial of the principles of the Charter of the United Nations, as a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights, as an obstacle to friendly and peaceful relations among nations and as a fact capable of disturbing peace and security among nations.”
Sadly, we witness on a daily basis the inequality and lack of freedom, which non-Malay/Muslim Malaysian nationals are expected to endure. We have seen the human destruction and sufferings those inequalities have upon ordinary innocent people. We have been forced to adopt a stance not appreciated by many in the government but having been denied of our right to function as an integral part of society we have had to pursue such an endeavor. We seek to address the resultant gross infringements of the constitutional rights of the marginalized Indians who continue to remain vulnerable in spite of 54 years of opportunity for the UMNO led government to have instituted socio-economic development policies for the marginalized Indians. UMNO chose not to include the Indian marginalized into their development policies because of the overall racial slant of their policies .
We all constitute one human family unit. Instead of allowing diversity of race and culture to develop as strength of our unique nation, we have been severely bound up and held back by this race-based mentality imposed by UMNO’s narrow policies. It is our opinion that now is the opportunity to refocus our understanding and bring true equality and freedom into our policies that focus on human values rather than race or ethnicity and to expand our vision to see diversity as strength.
We therefore humbly urge Your Highness, as the Constitutional Monarch of Malaysia to bring an end to the deeply dividing, entrenched and institutionalized racist policies promoted by the 54-year rule of UMNO government. We would further urge Your Highness that, now, is the time to show your Highness’ compassion for your people and to take real steps to eradicate racism, as well as all types of intolerance, which regrettably has accelerated at an alarming rate in Malaysia through institutionalized racism.
The minority communities who feel perpetually wounded, neglected and denied of their right to live in a free and equal society suffer solely due to UMNO party’s institutionalized racial policies.
Before GOD, every human is born equal and free, and, the International Day for the Elimination of Racial Discrimination reminds us of our collective duty and responsibility towards promoting and protecting this very treasured and fundamental belief. With that in mind, we from the HINDRAF MAKKAL SAKTHI urge the Your Highness to form a Royal Commission;
- that would be charged to investigate and report on the 54 years of entrenched Institutionalized Racism in Malaysia
- that would make recommendations to dismantle and end all racist policies and make recommendations to administer Article 153 in a legal and equitable manner without infringing the rights of non- Malays and non- Muslims;
- to make inquiries on the Constitutional infringements of 54 years of UMNO led Government and make recommendations for or mandate a Constitutional Court that would act as the final forum which would rule on constitutional matters;
Your obedient subject