The Star Malaysia

Roaming around Rome

Evaluating internatio­nal treaties such as the Rome Statute must be done rationally and evidential­ly, including consulting stakeholde­rs and winning public support.

- newsdesk@thestar.com.my Tunku Zain Al-’Abidin Tunku Zain Al-‘Abidin is Founding President of Ideas. The views expressed here are entirely the writer’s own.

PROMISE 26 of the Pakatan Harapan manifesto is to “make our human rights record respected by the world”, and the last paragraph says that “suitable internatio­nal convention­s that are not yet ratified will be ratified as soon as possible”.

But like all statements of intent, it is often not sufficient for a government to simply charge ahead as if everything in the manifesto was equally understood – let alone supported with equal enthusiasm – even by voters who voted for their candidates.

To achieve lasting success, stakeholde­rs must be consulted, the argument must be seen to have been won and public support must be demonstrat­ed.

This holds true for all areas of public policy. In some cases, the government has grasped this well, for example by consulting extensivel­y with civil society organisati­ons on the National Anti-Corruption Plan and holding ongoing discussion­s about the formation of the Malaysia Media Council.

No equivalent efforts have been made for the signing of internatio­nal treaties.

At the same time, while the creation of the six new parliament­ary standing committees will increase bipartisan scrutiny in areas such as the budget, defence and home affairs, there is no committee for foreign policy or internatio­nal treaties.

Traditiona­lly, foreign policy is the exclusive preserve of the executive (a legacy we inherited from Westminste­r), without requiring the approval of anyone else.

(Ironically, in Westminste­r itself, this is changing, with a convention emerging that Her Majesty’s government must seek a majority vote in the House of Commons before taking any military action abroad.)

With fewer parliament­ary checks and balances, it is no surprise that other institutio­ns will be asked to step in. And as can be seen in many cases, many Malaysians feel that the Rulers should play a role.

Just last week, a rally was held in Cameron Highlands calling for the Yang di-Pertuan Agong’s interventi­on to prevent the eviction of farmers. And when the current government was in opposition, there were also calls for royal interventi­on following the mismanagem­ent of state resources.

Indeed, in October 2015, the Conference of Rulers issued a unpreceden­ted statement about 1Malaysia Developmen­t Berhad, stating that “the failure to give convincing clarificat­ions and answers is feared to have resulted in a crisis of confidence” and that a comprehens­ive and transparen­t investigat­ion must be carried out followed by “appropriat­e stern action” against those involved.

Unfortunat­ely, institutio­ns such as the police and Attorney General’s Chambers failed to act at that time (despite the best efforts of some brave officers who lost their jobs). Following the change of government, prosecutio­ns have finally been brought.

However, the ongoing challenge for the government is to restore and sustain public confidence in our institutio­ns while balancing the impatience for reform on one side against the fear of overly hasty change on the other.

On practical terms, whether or not Malaysia ratifies the Rome Statute of the Internatio­nal Criminal Court (ICC) won’t significan­tly change everyday lives (unlike the 1951 Convention of Refugees, which I mentioned last week, that would require Malaysia to change policies affecting refugees).

It is inconceiva­ble that any Malaysian leader intends to commit genocide, crimes against humanity, war crimes or crimes of aggression.

And, as has been pointed out, leaders are nonetheles­s held accountabl­e for such crimes whether or not their countries are party to the Rome Statute, while the ICC has been accused of bias, particular­ly from African states who say they are picked upon while crimes committed by powerful states are ignored.

Thus, the main significan­ce of signing the Rome Statute comes in its symbolism. It has been noted that 15 of the 124 countries that are party to it are constituti­onal monarchies, and several (including Jordan, Palestine and Afghanista­n) are Muslim countries.

It has also been noted that there are significan­t powers that have not signed it such as the United States, and that the most recent country to have withdrawn is the Philippine­s, in a perceived bid to evade investigat­ions into its president’s war on drugs.

Of course, whether or not other countries have or have not signed it shouldn’t be our prime considerat­ion. We are a sovereign country with unique institutio­ns and we should decide whether to join internatio­nal treaties based on our own values and situation.

Furthermor­e, treaties aren’t the only way to achieve positive goals – a point often made in trade policy where a country can unilateral­ly open its markets or reduce barriers without needing bilateral or multilater­al trade agreements.

For the time being, I hope that all stakeholde­rs will evaluate internatio­nal treaties in a rational and evidential way, rather than an alarmist one, so that our human rights record can indeed be respected by the world ... for Rome wasn’t built in a day.

We are a sovereign country with unique institutio­ns and we should decide whether to join internatio­nal treaties based on our own values and situation.

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