Saturday, April 12, 2008

The New Malaysian Dilemma

Pakatan Rakyat leaders today reaffirmed its commitment to implement the broad agenda to develop the nation and its desire to create a prosperous society irrespective of ethnicity, religion and culture and uphold human rights.

"The policies of Pakatan Rakyat are centered on objectives that have been agreed upon and accepted by the leaders of the three parties, PKR, DAP and PAS.

"Among these are to develop this country on the basis of justice, create opportunities for all citizens to enjoy national prosperity and to accord priority to those who are poor and marginalized.“ This reaffirmation was made in a statement jointly released by PKR president Dr Wan Azizah Wan Ismail, PKR de facto leader Anwar Ibrahim, DAP adviser Lim Kit Siang and PAS president Haji Hadi Awang.

“In fact, the strength of Pakatan Rakyat is based on principles of equality and spirit of co-operation among leaders of Pakatan Rakyat in keeping with the mandate that has been given to us by the people during the 12th General Election.

“Pakatan Rakyat is determined to implement and bring changes in accordance with the principles of democracy, socio-economic justice, equal economic opportunities and religious freedom.

Source: Pakatan reaffirms solidarity for M'sians


Tengku Faris: Non-Malays should not seek equality


Kelantan Crown Prince Tengku Faris Petra said today that Malays had given into granting non-Malays citizenship and the latter should therefore not seek equality or special treatment. He said this during his keynote speech at a forum titled “Malay unity is the core of national unity” organised by the newly formed Barisan Bertindak Perpaduan Melayu in Kuala Lumpur today.

Speaking to a crowd of about 1,000 people, Tengku Faris said the Malay rulers would be an umbrella to foster unity among all Malaysians, based on the Federal Constitution and the Rukun Negara.

“Therefore, the rakyat must unite and never raise issues regarding Malay rights and special privileges because it is a quid pro quo in gratitude for the giving in of citizenship (beri-paksa kerakyatan) to 2.7 million non-Malays into the Tanah Melayu federation.

“Thus, it is not appropriate for these other ethnic groups to have citizenship, only (later) to seek equality and privileges,” said Tengku Faris, who read from a 11-page prepared text.

However, the crown prince stressed that in an effort to unite the Malays, non-Malays also have rights that must be protected, such as in areas of religion. As an example, Tengku Faris said non-Malays are allowed to practice their respective religions in peace. They must however do so in accordance with the law and “not be provocative towards Islam”.

“The Malay rulers are the head of the Islamic religion and Malaysia is a Islamic country (negara Islam), not secular. We have our own formula (as a country) which is different from others,” he added, drawing thunderous applause from the crowd.

He added that the effort to instil Malay unity and defend Malay special rights does not mean that other races would be ignored. “In fact, if Malay rights and special privileges are taken care of and is not disturbed, it would ensure national harmony. It does not just benefit the Malays but all ethnic groups,” he said.

In his speech, Tengku Faris said the 12th General Election results have shown that the Malays are being “challenged” and thus Malays unity is of the outmost priority.

“The election results have shown that the Malays are disunited and facing other ethnic groups who are more dominant politically and economically,” he said.

As the constitution provides that the Malays are the natives (penduduk asal) of Malaysia, Tengku Faris said every Malay must defend the constitution and Islam and this can only be achieved through Malay unity.

“We have to make an effort to unite. Don’t split up. Avoid polemics that can distance us. Ideology (and) having different interpretations does not contribute to Malay unity.

“Discussing about polemics such as Islamic state, secular state, welfare state... confuses the people... Resulting from this confusion, Malays are becoming more disillusioned,” he added.

Source: Malaysiakini

This message comes from a future King; the content, contextual and conceptual ideologies are incompatible to the social convention and contrary to the constitutional provisions of itself.

Equality and justice must mean exactly what the Constitution provides, not arbitrary and discretionary in its application.

We as Malaysians, will continue to live with the hope that good sense and wisdom prevails such as to ensure the continuous harmony and peace for all. No one should question the provisions of the Constitution which in no uncertain terms provides for the rights and Privileges of the Malays; and equally, there are adequate provisions inn the same constitutions to protect the rights, liberty, justice and equality, not just religion and religious freedom, of those other such as Ibans, Kadazans, Dayaks, Malanaus, Chinese, Indians, Sikhs, and all who were called citizens of the nation called Malaysia.

Why can't we just call it: all the rights as enshrined in accordance with the provisions of the constitution instead of defining it according to our skin color and creed? At the time the constitution is drawn up, care had been taken to ensure the rights and privileges of the Malays, the Sultans, the other races, and every religion are codified and defined precisely. Islam was stated in the constitution as the National Religion and that the non-Muslims are granted the rights and liberty to accept and practice other religions. The laws enacted by Parliaments are civil laws, criminal laws and administrative laws in conformance with those of the Commonwealth states and compatible with universal laws. Syariah laws are accorded accordingly in the constitution to bind Muslims. There is no confusion and complexities. Defending the constitutions by all Malaysians will ensure national unity and ensures harmony for all. The sovereign are the defenders of all, everyone, every citizens of the nation.

In the words of philosopher, Jean Jacques Rousseau, "The Sovereign for its part, cannot impose upon its subjects any fetters that are not in conformance to the social convention which transcended and becomes codified in the form of a formal written Constitution; for no more by the law of reason than by the law of nature can anything occur without a cause.

"The undertakings which bind us to the social body are obligatory only because they are mutual.

"As soon as a question of particular fact or right arises on a point not previously regulated by a general convention, the matter becomes contentious.

"From whatever side we approach our principle, we reach the same conclusion, that the social compact sets up among the citizens an equality of such a kind, that they all bind themselves to observe the same conditions and should therefore all enjoy the same right.

"Thus, from the very nature of the compact, every act of the Sovereign binds all the citizens equally, so that the Sovereign recognizes only the body of the nation, and draws no distinctions between those of whom it is made up.

"We can see from this that the sovereign power does not and cannot exceed the limits of general conventions, and that every man may dispose at will of such goods and liberty as these conventions leave him; so that the Sovereign never has a right to lay more changes on one subject than on another, because, in that case, the question becomes particular, and ceases to be within its competency.

"By the social contract we have given the body politic existence and life; we have now by legislation to give it movement and will. For the original act by which the body is formed and united still in no respect determines what it ought to do for its preservation.

"Doubtless, there is a universal justice emanating from reason alone; but this justice, to be admitted among us, must be mutual." (Reference: Jean Jacques Rousseau; On The Social Contract)

30 comments:

lucia said...

it's very distressing and disturbing to learn that a future king can said this. see my comments at aisehman's blog.

Anonymous said...
This comment has been removed by a blog administrator.
Maverick SM said...

Anon 12:10 AM,

I am sorry that I had to delete the comment. Your comments were generally constructive and acceptable except for a few words that may be construed by the authorities as contemptuous and seditious.

I do accept your opinion and agree with the contextual aspects but I can't allow some words to be published as I may be indicted.

Lucia,

I had read your comment there,

Anonymous said...

Huh. Sounded more like a talk from pre-japanese colonization. If msia fails, see if he enjoys being the king of a failed state.

Anonymous said...

The special position of the malays as prescribed under Article 153 of the Constitution is limited in scope to only the reservation of reasonable quotas in these 3 sectors: public services, educational places and business licenses.

Hence, the present rampant racial discriminations practiced on almost every facet of our national life are mostly violations of the Constitution. Examples of these violations are:

(a) Racial discrimination in the appointment and promotion of employees in publicly funded bodies, resulting in these becoming almost mono-raced bodies. These bodies include: the police, civil service, army and various semi and quasi government agencies.

(b) Imposition of compulsory share quota for malays in non-malay companies.

(c) Imposition of compulsory price discounts and quotas in favour of malays in housing projects.

(d) Completely lop-sided allocation of scholarships and seats of learning in clearly unreasonable proportions that reflect racial discriminations.

(e) Blanket barring of non-malays to publicly funded academic institutions (that should include the Mara).

(f) Barring of non-malays from tenders and contracts controlled indirectly or directly by the government.

Our Constitution provides for only one class of citizenship and all citizens are equal before the law.

The presence of Article 153 does not alter this fact, as it is meant only to protect the malays from being "squeezed" by other races by allowing the reservation of reasonable quotas on certain sectors of national life.

However, this Constitution has now been hijacked through decades of hegemony of political power by the ruling party to result in the virtual monopoly of the public sector by a single race.

The ensuing racism, corruption and corrosion of integrity of our democratic institutions have brought serious retrogression to our nation-building process in terms of national unity, morality, discipline and competitiveness of our people.

Anonymous said...

As a post-independence-born Malaysian, I would like to offer my thoughts on Article 153 of the federal constitution which mentions the special position of the malays. Please note that there is no mention of the words 'special privileges' or 'special rights' in the constitution.

For too long, there has been a lack of understanding of what our forefathers had in mind when they included this clause in our much talked about social contract. To gain a better understanding, let us take a trip back in time to 1957 to actually visualise the scene then.

In a scenario where the immigrant Chinese and Indians were seeking citizenship rights in Malaysia, it is reasonable to presume that they would have had to understand and acknowledge the difficulties faced by the majority malays.

And this is where the meaning of the words 'special position' comes into focus. What did our forefathers mean by the special position of the malays? Did they mean that the malays would enjoy a higher status than all the other races? Did they mean that the malays would have special rights and privileges in perpetuity?

If this is what our forefathers had intended, then our constitution would have mentioned this specifically. However, the constitution or social contract does not say so.

What then, could the words 'special position' mean? It is reasonable to infer that our forefathers were concerned first by the fact that the malays were left behind economically despite being the indigenous majority in the country.

Secondly, they were concerned by the fact that, despite being immigrants, the Chinese and a small segment of the Indian community were relatively much better off.

The clause was therefore more so of an acknowledgment by the non-malays of the disadvantageous economic situation of the malays. The consideration given by the former to the latter when entering into the social contract for citizenship rights was agree to provide some measure of support for the malays to improve their economic standing.

If our forefathers had meant for these preferences to last in perpetuity, then there would not have been a request for a review in 15 years.

When I see the compulsory requirement for non-malay companies to hand over a certain portion of their equity to the malays for no input at all, I am tempted to ask: Is this what our forefathers had in mind? I can go on listing the abuses forever because there are plenty of them.

It is intriguing to hear senior BN and Umno leaders repeatedly asking the people to adhere to the social contract. What contract they are referring to? It cannot be the federal constitution. It is most probably some contract that they have entered into unilaterally without the agreement of the non-malays.

So it seems to be incorrect to firstly equate the words 'special position' with 'special rights and privileges'. Secondly, it also seems incorrect to suggest that the malays have special rights and privileges in perpetuity and therefore, that they have a higher status than everyone else.

The non-malays only agreed to allow them preferences over the others for a finite period of time. It has now been almost 50 years since independent but has such a meaningful review of those preferences taken place at all? Absolutely not.

In fact what has happened is that successive BN governments, dominated by Umno, and especially after the 1969 tragedy, have taken the liberty to very liberally interpret Article 153. This has led to the wholesale abuse of the consideration provided by the non-malays in 1957 for their citizenship rights.

It seems to me that the real social contract of 1957 was torn up long ago by the BN government with the way in which the NEP was implemented from the 1970s onwards.

To me, the real social contract of 1957 has long been dead. I hope the day will come when the people of Malaysia in the true independent spirit will make it live again.

Then perhaps, we would not have to spend hundreds of millions ringgit on nonsensical projects like the National Service to inculcate unity amongst the races.

Anonymous said...

I have mentioned in the past that NEP is not constitutional and has extended its period beyond what has been planned to be necessary. 20 years has passed, but greed has set in.

Greed to benefits only a few and not the poverty stricken Malaysians. An affirmative policy that helps the poor regardless of race is needed.

I have also demonstrated that India has Muslim presidents despite being 80% Hindu. Similarly, in Australia there are Asian mayors. In America, New Zealand and many countries, top positions are for the capable not based on race or religion.

Now, let us not sweep all discussions under the carpet with the term Article 153.

Article 153 should always be interpreted together with Article 8 that all Malaysians must be dealt with fairly and treated as equal.

While the positions of the malays are respected and their heritage not forgotten, they are not meant to be the guardians of toll and wealth and collectors that usurp all money, oil and some natural resources till it is left dry.

It is important we publish this, so we do not just shiver when we hear Article 153, and begin to think of greedy ways to gain from another or use it to put down another races.

Article 153:

(1) The quotas reserved must be reasonable and the reservation of licences and permits for malays and natives must be of such proportion as may be deemed reasonable.

(2) The scope of the reservation of quotas is only with respect to positions in public service, scholarships, and other similar educational or training privileges accorded or given by the federal government.

(3) The special reservation of quotas must not affect the rights of other communities.

Apart from the provisions allowed under the abovementioned Article 153, all citizens of Malaysia must be treated as equal. This is clearly provided for under Article 8 of the Federal Constitution.

Article 8:

(1) All persons are equal before the law and entitled to the equal protection of the law.

(2) No public authority shall discriminate against any person on the ground that he is resident or carrying on business in any part of the federation outside the jurisdiction of the authority.

(3) There shall be no discrimination in favour of any person on the ground that he is a subject of the ruler of any state.

NEP: It will destroy the Malaysia.

We must demand these changes and the power is with the people. We must go against a corrupt government, a fanatic religious social structure and not accept crime rates and the NEP. We need to change Malaysia and the social structures that are not relevant for Malaysia anymore.

We need to free ourselves from these chains that make our lives not worth living.

Dan-yel said...

Frankly I'm rather concerned about the rise of royal activism. True that when there's benefit when the royalty choose to assert itself in the face of deadlock politics. But the sovereign political impartiality was there for a reason. Where's the line that the royalty should not cross whenever they feel obliged to comment on social matters? In my opinion with all due respect to His Highness, what he said could be interpreted as in favour of one ideology rather than what is provided by the Constitution.

In 5 or 10 years time, what would happen to our democracy if the monarch intervene beyond what is acceptable to the Rakyat considering the impending political stability. If His Majesty chose to stand up against a political party's choice of executive head, perhaps in his opinion that person is incompetent or corrupt, whatever the noble reason that gives us the relief, still Royal activism in such a case could set a dangerous precedent. Whatever the contention maybe, it's best that the royalty restrict its intervention only in cases where it is absolutely necessary for national security and restrict its public opinion on matters not politically controversial.

Anonymous said...

Faris should take note that Nepalses have just voted to dump their king and his heir, Prince Paris

CK said...

with all due respect, the royal intervention, or rather voice, is becoming more disturbing. in my humble opinion, i think tengku faris's opinion is really pre-historic.

Anonymous said...

Each tiny step taken forward towards making a Malaysia for all Malaysians seems to be thwarted by people with vested interest.

Anonymous said...

Thought someone in MCA said they should be more vocal on issues pertaining to the masses? Well, this is their chance.
Let's hear what OKT has to say on that nonsense poured out by none other but the future king of our country.

Anonymous said...

raja nazrin... ah, a rare pedigree but for the rest...???

Anonymous said...

SAY WHAT? NON-MALAYS ARE 2ND CLASS CITIZEN OR SUB-HUMAN... ISSIT?

WITH THIS MENTALITY, ITS NO WONDERS THE WORLD STILL THINK MALAYSIANS LIVE IN TREE TOP.

FOR ONE WILL NEVER BE PROGRESSIVE UNTIL THEY EMBRACE CHANGES.

Anonymous said...

He was reading from a prepared text...who wrote it?

Anonymous said...

It is very sad and worrying to hear this coming from someone that is suppose to be educated and "seen" the world....
My personal opinion is I think we are still a long way from being recognised a true Malaysian Malaysia....a long along way to go...but I hope with the current development, we have taken the first step towards that and hopefully one day, our childrens children will be there to embraced the true Malaysian concept.
As for now, we should strive to make it happen, we should educate our young ones properly and try to remove the skin barrier....
I am not a Muslim but I will say "Inshah Allah" as I hope this will also be gods will....

Anonymous said...

welcome back to feudal states mentality. law of the jungle.

Anonymous said...

of late while using mca, its another effort by the fil-sil/umno to instil fear among the malay & the erosion of the myth that called malay supremacy...

this fil-sil & umno are all out to instigate the malays to create another m13.

its utterly disgusting that mca & some member of the royalty are involved in this concerted effort to create umno supremacy which are detrimental to the well-being of the malay/non-malays & the country in general... and only way to stop this is to kick-out the fil-sil & mca from the political landscape.

Maverick SM said...

Hasilox,

The message is insidious. We wait for Pakatan Rakyat to express their views and also MCA, MIC and Gerakan. I don't think Umno will say anything.

Law Man,

I truly love your thesis and intellectual discussions. I am extremely thankful for the good write up.

Fong,

You are a great writer and I am impressed with your thesis. Please share your intellectualism with us here more often asn your views are constructive and crtically reflective of a social problem.

Kok,

Thank you for sharing with us your intellectual view points and I truly appreciate your views.

Dan-yel,

Thanks you for your constructive views and I am grateful and delighted that we are having some great discourse.

CK,

I agree with you that it is insidious and scary.

Gan,

I share your same concern.

Artchan,

I think so; he must have been given a prepared text and he is just a reader.

GobloKing said...

I am a Malaysian

My non Malay forefathers came here in search of a peaceful country into which their children and their children's children may live peacefully.

They - like every other Malaysian -loved, toiled and died on this land, THEIR country.

Nobody gave them anything and they worked hard and desperately here. We can call them the early pioneers.

Therefore I have as much right to be here, to share the joys and tribulations of my country as the next person

Whatever racist propaganda anyone heaps upon me is of no consequence

I know who I am

I am Malaysian

mindful mariner said...

In my opinion, unless or until racism and racial based political parties are totally eliminated, Malaysian Citizens, and of course Malaysia will never be a truly united nation, and this insidious and festering form of apartheid will seriously mar the progress of the country towards the goal of becoming a modern 'developed nation'.

The race of everyone should be officially 'Malaysian'.

Religious beliefs should be regarded as personal and private matters, and the government should ensure the complete freedom of religion.

A person's religion should not be recorded on official documents, including IC cards, unless the person specifically elects to allow it.

Human rights should be upheld universally and without exception.

Maverick SM said...

Gobloking,

I am the same as you and I share your voice.

Mindful Mariner,

I have to say that your opinions are perfect and ideal; and we can only pray for it to happen.

Aleckii said...

I know that we have a Sedition Act (Not sure about the spelling) but really? A comment like that at a time like this?

It's sad to be told that you don't deserve the equal rights even when you are born and raised a Malaysian, even if you feel yourself to be and embodies your entity as a Malaysian.

What a disappoinment.

Anonymous said...

All this while, UMNO has been hood-winking the people that UMNO=Malays and Malays=UMNO. This is far from the truth.

Also those in UMNO have been shouting ketuanan melayu (to makeit sound heroic to the Malays) when what they really meant is Ketuanan UMNO. If we can successfully expose this, half our battle is won.

Maverick SM said...

Aleckii,

Ya, we did have but it is used and applied for a segment of the people only and exclude those exclusive breeds.

Anonymous said...

No need to talk so much. There is no such thing as equality. Not between races, religion or clans. Never between men and women.

So what's all the fuss about? I think you people confused equality with fairness.

We need to be fair to each other, yes. But as whether you and I are equals is a different story. Regardless if you Malay or not, I am no equal to anyone.

Anonymous said...

Sultan already nyanuk even before he got old!
Crazy,…. A**HOLE

Anonymous said...

Whoever wrote that speech is a Neanderthal who tries to negate the arduous evolution of Human Civilization in a single line.

A line that attempts to demolish the very Golden Rule of Mankind observed by the Forces of Civilization. The archetype of backwardness unabashedly displayed.

Anonymous said...

Edi: What would you say in the light of this:

You know the Malaysiakini report by Andrew Ong that has it that Tengku Faris had made some rather un-Bangsa Malaysia statements last week?

Well, Lil’ Hummingbird tells me that she heard from the horse’s mouth that the Crown Prince never made those statements.

Apparently, it was written in HRH’s scripted speech by some official, but he re-worked it the night before he was to deliver the keynote address.

I’m also told that whilst he delivered his re-worked speech, the media reps in attendance were given the original text.

So it would seem that the reporters merely extracted from the distributed original text and did not report on what was actually said.

I’ve suggested to Lil’ Hummingbird that she flutter away and hum in the royal ear that royal steps be taken to clear this most unfortunate confusion.

http://harismibrahim.wordpress.com/2008/04/14/what-you-read-aint-always-whats-said/#comments

Anonymous said...

I am absolutely disgusted by the comment blurped out by the so-called crown prince. He is supposed to be someone with some 'brain', given the fact that he will rule a 'village' ????
Is he even good enough for that??