[UPDATED] Pakatan faced pressure from ‘elites’ to ratify Icerd, Rome Statute: Anwar

PM says blame should not lie with coalition’s cabinet in 2018

Prime Minister Datuk Seri Anwar Ibrahim speaking at PKR’s annual national congress at the Putrajaya International Convention Centre tonight. – Abdul Razak Latif/Scoop pic, November 25, 2023

KUALA LUMPUR – The Pakatan Harapan (PH) administration in 2018 faced pressure from “elites” to ratify the International Convention on the Elimination of All Forms of Racial Discrimination (Icerd) and the Rome Statute, said Prime Minister Datuk Seri Anwar Ibrahim. 

Speaking at the PKR annual congress today, Anwar admitted that while there were several “mistakes” during PH’s first stint in federal power, the blame should not be pinned on the cabinet at that time for the ratification of Icerd and the Rome Statute. 

“It was not the fault of the cabinet, but because of pressure from the top (as) elites wanted Icerd and the Rome Statute to be recognised,” the prime minister said in his opening address. 

“Were there discussions in cabinet (on the matter)? No. Were there discussions with lawmakers, when I was the Port Dickson MP? No. Were the people consulted? No. 

“We were forced (to ratify the international treaties) and this caused a sense of unease,” Anwar said, emphasising that reform agendas should be driven by societal needs rather than the influence of elitist groups. 

Icerd is a UN treaty that aims to eliminate racial discrimination and promote understanding among all races. 

On the other hand, the Rome Statute establishes the International Criminal Court (ICC) and defines the court’s jurisdiction, functions and structure for prosecuting individuals for genocide, crimes against humanity, war crimes and the crime of aggression.

Calling for his current administration to learn from past mistakes, Anwar warned that the people will reject a government that “rushes” plans to implement agendas. 

“(Mistakes) cannot be repeated, even though there are liberal elites who say that we are slow in (implementing) reform agendas. But, we must learn from past experiences. 

“If we rush, whether in the administration of Islam or the carrying out of our reform agendas, we will be rejected by the people. Past experience has taught us this,” said Anwar, who is also PH chairman and PKR president. 

On Thursday, Datuk Seri Saifuddin Abdullah, the foreign minister under the previous PH government, denied Anwar’s allegation that the former did not obtain cabinet approval before driving Malaysia’s ratification of the Rome Statute in 2019. 

Saifuddin, who has since defected to Bersatu, said that Anwar’s remarks, which were issued in the Dewan Rakyat, were of a malicious nature. 

The PH government, led by then prime minister Tun Dr Mahathir Mohamad, had initially signed the Rome Statute in March 2019, but was still required to ratify it.

However, in April of the same year, Dr Mahathir withdrew from the statute after then opposition parties – Umno and PAS – objected to it, claiming it would undermine Malay privilege and the legal immunity of the rulers.

It led to Sultan of Johor Sultan Ibrahim Sultan Iskandar claiming that signing the treaty would breach the constitution, as it involved the powers of the monarchy, Malay rights and Islam. 

The issue of the Rome Statute was recently raised when several quarters urged the government to refer Israeli Prime Minister Benjamin Netanyahu to the ICC over his war crimes, in light of the ongoing Israel-Palestine war. 

However, Foreign Minister Datuk Seri Zambry Abd Kadir explained that Malaysia is unable to do so, as the nation is not a signatory to the Rome Statute.

He said that an international criminal case can only be referred to the ICC by the statute’s signatories, the United Nations or the ICC prosecutor itself. – November 25, 2023