CHAPTER 3 - REPORT OF THE LAW REFORM AND INTERNATIONAL TREATIES WORKING GROUP In this respect, the Commission is deeply concerned about the Government’s announcement that detention without trial will be retained in the proposed law. The Commission urges the Government to revoke its decision in view of the human rights violations that are likely to occur should detention without trial remain in place. The Attorney-General’s Chambers sought the Commission’s recommendations for the proposed law, at a briefing in October. It is hoped that the Commission’s recommendations, based on the ISA Report, will be given due consideration. 11. INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (ICERD) The Commission reiterates its call to the Government to accede to the ICERD. It is unfortunate that Malaysia, with its multi-cultural society, is among 16 countries that have yet to accede to the Convention. In July, the Commission’s representatives attended a Technical Committee meeting on the ICERD at the Department of National Unity and Integration, in the Prime Minister’s Department. The possibility of Malaysia’s accession to the ICERD was discussed. The Commission presented four arguments to assuage any reservations that the Government might have in acceding to the Convention. (i) There is a need to highlight provisions in the Federal Constitution as well as other practices that are in line with the ICERD, instead of focusing only on Article 153 of the Federal Constitution which is seen as the stumbling block to accession. (ii) Accession will not compromise Malaysia’s sovereignty. Safeguards under Article 14 of the ICERD enable a country to decide whether or not to recognise the competency of the ICERD Committee. (iii) As a member of the Human Rights Council, Malaysia already has an obligation to address racial issues. Such responsibility does not arise only upon accession to the ICERD. (iv) Malaysia should have the courage to face international scrutiny and explain itself, should it be considered to be in breach of treaty obligations. This is a normal procedure for State Parties under any Convention. (Spain is the only country to have been brought to justice to date for breaching the ICERD; it was questioned about its language policy.) 64