14
speak up!
Need to honour
social contract
comment by Dr Ibrahim Abu Shah
RECENTLY, Datuk Seri Utama Dr
Rais Yatim, the foreign minister,
spoke on TV and lamented that
knowledge of the pre-Merdeka “so-
cial contract” is lacking within the
younger generation. In fact, many
older citizens of all races are also
unaware of this solemn pact and its
specific aims and contents.
As Umno grapples with the twin
challenge of assuring Malays of
their special, pre-eminent position
and the non-Malays of their legiti-
mate rights, we need to revisit the
painstaking process of negotiated
settlement between the various eth-
nic groups and the Malay Rulers on
their political, economic, linguistic,
religious and cultural rights under
the Merdeka Constitution. We need
to take cognisance of the articulate
and inarticulate presumptions of
our basic charter.
As the forefathers of the constitu-
tion were chiselling out the scintil-
lating details of the law, some facts
and events, some ideas and ideals
and some assumptions provided
the foundation on which the super-
structure of the Malayan state was
constructed. These “foundational
assumptions” constitute our social
contract.
The constitution took note of the
deep wounds inflicted on Malays
by the Malayan Union and the
McMichael treaties. These British
agreements had deprived the Ma-
lays of their historical privileges and
had abandoned the pre-war policy
of recognising Malaya as a Malay
country.
Consequently, at the insistence
of the Umno leadership, the Alli-
ance partners agreed that some
traditional and indigenous features
of the Malay archipelago would,
with some modifications, be central
features of our constitution. These
traditional features are: Malay
sultanate, Malay privileges, Malay
Support children with
Autism
Dyslexia, Dyspraxia & ADD/ADHD
Linguistic Council is an organization
devoted to helping children with
special needs. Our programmes are
designed to equip teachers, parents
and care-givers with the skills
necessary to identify and support
children with learning difficulties.
Diploma in Learning
Disorders Management
& Child Psychology
Register for a course preview
by calling 03-2078 1613/16
Pusat Latihan Asia Pasifik Sdn Bhd
(Linguistic Council)
No. 57 Wisma AMGM
Jalan Hang Lekiu
Mezzanine Floor
50200 Kuala Lumpur
Tel: 03-2078 1616
www.linguistic-council.com
custom, Islam, Malay reserve land
and Malay language.
The Malay sultanate was retained
but converted to a constitutional
monarchy with some discretionary
functions. In Articles 38 and 159, the
Conference of Rulers was given veto
powers over some types of constitu-
tional amendments that affect their
majesties, the special position of the
Malays and the legitimate interests
of other communities.
The Reid commission’s recom-
mendation that Malay privileges
should have a 15-year time limit
was rejected. Article 153 made af-
firmative action policies an integral
and permanent feature of the
political and economic landscape.
Any challenge to Malay privileges
would be seditious. Any legislative
proposal to amend them would re-
quire the consent of the Conference
of Rulers.
Contrary to the Reid commis-
sion’s proposal to leave Islam as a
matter confined to State Constitu-
tions, Article 3 was inserted into the
Federal Constitution to provide for
Islam as the religion of the federa-
tion. The state was permitted to pro-
mote Islam vigorously, to provide for
Islamic education, to set up syariah
courts and to subject Muslims to
Islamic laws in areas permitted by
the Federal Constitution. There are
restrictions on propagation of other
religions to Muslims. The constitu-
tion implicitly recognises that Islam
is the defining feature of the Malay
way of life.
Malay custom was recognised as
a source of family law for Malays.
Malay reserve land was protected
in Article 89.
The Malay language was chosen
as the language that would unite
the nation. Non-Malay insistence on
other official languages was rejected
but English, Chinese and Tamil may
be used for unofficial purposes.
The constitutions of all nine
states with Malay sultans provide
that the mentri besar shall be a Malay.
In some states even the state secretary
shall be a Malay.
Side by side with these Malay fea-
tures, the constitution conferred a vast
number of rights on the non-Malays.
Foremost were citizenship rights
granted to all persons, no matter
of what origin, who were born in
Malaya or Singapore. This generous
constitutional grant was made in per-
petuity with the consequence that the
children and grandchildren of former
immigrants have a right to call this
country their permanent home.
Fundamental rights are available
to all citizens irrespective of race or
religion. Except in relation to personal
laws permitted by Article 8(5) and to
Malay privileges permitted by Article
153, there is no discrimination on
grounds of race or religion.
Side by side with Islam as the
letters
letters@thesundaily.com
Education, poverty and
standing on your feet
I REFER to “No room for poverty”
(March 23). The writer uses strong
words to emphasise her zeal to eradi-
cate poverty. She has a point when
she says education is the key, but for
her to say that “many people in their
40s and 50s have no language and
numeracy skills and so they remain
poor” is a generalisation and grossly
unfair.
I wonder what statistical study the
writer chose to quote from to make
this statement, as it implies that my
parents and their peers are borderline
illiterate and are poor and depressed.
Yes, the government should conduct
training courses and give monetary
aid to our young “usahawan”, but
there is only so much the govern-
ment can do to help, it is up to the
individual himself to brush off his
“tidak-apa” attitude and embrace the
culture where one works hard and
doesn’t expect handouts to succeed.
How does a government make en-
thusiastic and focused businessmen?
You can only lead a horse to water
but if the horse decides it isn’t thirsty,
we can’t force it to drink.
One of the most effective forms
of aid is education and basic health
care for children. It is the one form
of aid that is always effective largely
because it provides hope and op-
portunity to individuals and provides
them with the skills needed to help
themselves and others in the long
run. I am well aware that there are
arguments (perhaps valid ones) that
say that education is not the best form
of aid. Aid is a double-edged sword.
Certainly aid can be good, but not all
aid does good. Some aid can be harm-
ful. Aid agencies will be the first to
admit that giving aid that is effective
takes practice.
To say “nothing else should be
done until poverty is wiped away”
is dangerous and could lead to
anarchy. Poverty does not equal
misery, although it often does. If you
believe poverty equals misery then
you have to accept that everyone in
a poor or un-industrialised country
is miserable. Obviously this not true
– google Bhutan, virtually no GDP,
very happy people. Misery is a state
of mind brought about by the feeling
religion of the federation, all other
religions may be professed, practised
and propagated in peace and har-
mony: Article 3 and 11. No person
can be subjected to a religious tax
of a religion other than his own. All
religions have the right to set up their
own religious institutions. No one can
be compelled to receive instruction in
a religion other than his own: Article
12.
Rights in respect of education
are available to all persons irrespec-
tive of religion or race. All political,
social, cultural and religious groups
have freedom of association: Article
10(1)(c). Except for official purposes,
there is a right to promote one’s lan-
guage.
Malay privileges are offset by
guarantees for non-Malays. For ex-
ample, land reserved for Malays must
be accompanied by an equal area of
land available for general alienation:
Article 89(2). Article 153 on Malay
privileges specifically provides that
quotas and reservations for Malays
and the natives of Sabah and Sarawak
will not be used to deprive non-Malays
of permits and licences they already
hold. The Yang di-Pertuan Agong is
required to protect “the legitimate
interests of other communities”.
Under 150(6A), it is provided that
even in times of emergency, rights
in respect of religion, citizenship and
language cannot be violated. The
of hopelessness, disenfran-
chisement, powerlessness
and uselessness. The reason
why the US still has people
living in poverty is because
poverty is a state of mind, not
a state of no money. The US
puts millions of dollars into
relieving poverty, yet it still
exists. To give everyone the
job that is right for the indi-
vidual is a scenario that can
exist only in utopia.
What any good education
system must do is to create
an environment where the
children are taught how to be
independent, to have the desire
to explore and be inquisitive,
as well as the worldliness to
seek for themselves what is
right for them. Who are we
as people to determine what
job is right for any individual?
Children must learn to stand on
their own feet, it is only then we
create a generation of thinkers
and risk-takers who can take
over as leaders of the country.
Yes, overemphasis on educa-
tion has created a generation
of book-smarts, but how many
of these kids will graduate from
college street-smart and wise
if we continue to mollycoddle
them and let them stay at home
with their parents till they gradu-
ate? I moved away from home at
the age of 18, ten years ago. My
family is still close knit and we
love each other to pieces, but I
know I wouldn’t have grown a
backbone if I had mummy and
daddy to solve every problem and
make every decision for me.
The writer also suggests that
extracurricular activities be made
a thing of the past and children
should be put to work. Which par-
ent would want to see their child
give up their youth just for a few
extra sen a month? What kind of
a nation are we going to build? A
money hungry book-smart robotic
generation?
Sgt Smarty Pants
Kuala Lumpur
theSun | TUESDAY MARCH 24 2009
Conference of Rulers is made the
ultimate guardian of citizenship rights
of all persons. Any amendment to citi-
zenship rights requires the consent of
the Conference of Rulers.
Electoral rights to vote and to
contest parliamentary and state seats
is available to all citizens. A right to
property, a right to trade and com-
merce and an entitlement to market
rights in an open – and largely
non-Malay owned – economy was
permitted.
Unlike in some East African states
where the properties and assets of
immigrant communities were com-
pulsorily expropriated, the policy in
Malaysia has been to resort to peace-
ful and gradual social restructuring
under the law. Evolution, not revolu-
tion, has been the Malaysian modus
operandi.
In sum, the Constitution of the Fed-
eration of Malaya was built on a spirit
of moderation, of give and take and
of workable compromises between
all stake-holders. The resulting agree-
ments constitute our social contract.
We need to study and understand the
spirit of compassion and compromise
that animated the basic law. We need
to respect it, internalise it and build
on it.
Datuk Seri Prof Dr Ibrahim Abu Shah
is vice-chancellor of UiTM. Comments:
letters@thesundaily.com.
Head injuries
best left
to doctors
FANS around the world are mourning
the death of actress Natasha Richard-
son, following a minor skiing accident
on March 16 at Mont Tremblant resort
in Canada.
Richardson fell and hit her head while
standing at a beginners ski slope. Initially,
she felt fine but later that evening com-
plained of discomfort and was rushed to
hospital where she lapsed into a coma.
Her family later made the decision to
remove her from life support.
Doctors later indicated that the cause
of death was pressure caused by bleed-
ing under the skull – caused by her minor
fall – and that her death could have been
prevented if she had sought medical
treatment earlier.
This should be a clear reminder that
any person who experiences a head
injury should visit a doctor as soon as
possible because of the danger of seri-
ous complications arising from a minor
accident.
Malaysians may not go skiing regu-
larly but they should think about how to
prevent injuries that could occur from
falls – whether walking on a wet 5-foot
way, playing sports, riding a bicycle/mo-
torcycle, or slipping and falling at home
or the workplace.
While there has been effort made by
the government to remind people about
safety, it is incomplete. To give you an ex-
ample: the Road Safety Department has
made lots of effort to warn motorcyclists
about the dangers of driving without a
helmet but there is little effort made to
warn people about the dangers of cycling
without a helmet – even though the risk
of injury from falling is just as great for a
cyclist as it is for a motorcyclist.
Malaysians should look at Richard-
son’s death as a safety reminder.
Moaz Ahmad
Subang Jaya