At its core, the 1957
Federal Constitution embodies the spirit of moderation of different groups
negotiating ways to move forward together. In doing so, it defines
what each one must
give up for everyone to gain something. It found a workable compromise for all.
Whether or not we
completely agree with it in total, we cannot deny the genius of our
Constitution; how it has managed to bind together the weave of our multiracial,
multireligious and
multilingual nation. Rather than be dreamers, our forefathers were wise to be
pragmatic to the realities ofour society.
Here I would like to
share with you what Prof Shad S.Faruqi has to say about our Malaysian
Constitution. He outlines 10 sterling achievements of our Constitution – and a
testimony of we Malaysian. This article is taken the preface from his book “
The BEDROCK Of Our Nation : OUR CONSTITUTION
PREFACE
As we commemorate 55 years of independence it is
time to reflect on our triumphs and travails, our successes and failures and to
renew our resolve to overcome many unmet challenges.
In the area of constitutionalism, most will agree
that though the cup is not full to the brim, it is not empty. There is enough
in it to relish and cherish and protect and preserve.
The Constitution has survived the vicissitudes of
race and religious politics. Despite many political and economic crises that
could have torn other societies asunder, our Constitution has endured. It has
provided a rock-solid foundation for our political stability, social harmony
and economic prosperity.
One can count ten sterling achievements of the
socio-legal system ushered in by the 1957 document of destiny.
First is the wondrous durability of political
cooperation amongst the country’s racial and religious groups. The coalition of
14 disparate political parties under a sometimes shaky but nevertheless
enduring political alliance is perhaps the world’s longest surviving political
arrangement. The rainbow coalition of political and ethnic parties that has
ruled the country for 54 (plus two pre-Merdeka) years is built on an
overwhelming spirit of accommodation, a moderateness of spirit, an absence- of
the kind of passions, zeal and ideological convictions that in other plural
societies have left a heritage of bitterness and violence. The existence of
such a power-sharing arrangement has done much to weld politically incompatible
elements together. In a country of autonomous and widely divergent cultural
worlds, each in its own orbit, the 14-party Barisan Nasional is the sun that
keeps the various planets from colliding with the
others.
Second is the success of the economy which was
achieved by giving protection to the right to property and to trade and
commerce. An open economy and vigorous development plans made Malaysia one of
the economic success stories of the region. A dynamic economy has implications
for the realisation of many of the fundamental rights guaranteed by the
Constitution. Many constitutional rights have socio-economic pre-requisites for
their flowering. Only then can they find expression in reality. It is not an
exaggeration to say that food is as important as freedom and bread as important
as the ballot box. Five decades of enlightened policies on foreign trade and
investment opened up the global economic gateway for Malaysia long before
globalization came in vogue.
The economic successes of the country had
significant implications for social justice. They helped the progressive
elimination of poverty and the securing of the basic necessities of life for
the population. The country’s social welfare policies including price controls,
subsidies for essential goods and services, highly subsidised medical services
for the poor, free primary and secondary education, educational loans and
scholarships, credit facilities for small scale businesses, low cost housing,
FELDA schemes, legal protection for workers, and the provision of social
security have done much to secure dignity for the lower and middle income
groups.
Third, Malaysia used the economy to unite its
disparate racial groups. By encouraging entrepreneurship and allowing the
minority communities to provide leadership in the economic area and permitting
them to soar to the heights of their abilities, the government achieved twin
objectives. It succeeded in developing the country. It gave to every community
a stake in the country.
The fourth sterling achievement is that despite
periodic tensions and racist rhetoric, the country’s enduring and endearing
inter-ethnic harmony has few parallels in the world. Citizens not only
tolerate, they celebrate each others’ religious and cultural festivals. Instead
of creating a melting pot, Malaysia painstakingly weaved a rich cultural
mosaic. The plurality of lifestyles this engenders has given rise to an
extraordinarily multi-faceted society. The various people of Malaysia are like
the colours of a rainbow – separate but not apart. No race, religion or region
is in a state of war with the government. Except for the racial riots of 1969
and some other instances of communal disorder, ethnic, tribal or religious
violence is unknown. For 54 years Malaysia has provided the world with an
example of how a fragmented multi-ethnic and multi-religious polity can be
welded together in a common nationality.
The fifth outstanding feature of Malaysia is the
peaceful and cooperative manner in which social engineering is being
accomplished. Unlike some other societies like Fiji, Indonesia, Kenya, Uganda
and Zambia (with a similar
problem of identification of race with economic function and the concentration
of wealth in the hands of powerful minorities), the Government in Malaysia did
not expropriate the wealth of one community to bestow it on another as happened
in Kenya, Uganda and Zimbabwe. It embarked on a pragmatic expansion of
opportunities to give to every community its share of the pie. The country’s
efforts at social restructuring have had a clear impact. The success of welfare
policies has brought human dignity and the graces of life to many who were
living on the fringes of existence at the time of independence. Ameliorative
programmes have positive human rights implications because formal rights are
not enough; rights must find correspondence in social reality.
A sixth remarkable feature of the country is the
emancipation of women. In the work place, in schools and in universities, women
are easily outnumbering men. In the professions they are making their mark and
increasingly moving into leadership positions. Recently the Constitution was
amended to outlaw gender discrimination in the public sector.
Seventh, Malaysia as a Muslim country is an
exemplar of a moderate, enlightened, progressive and tolerant society that
embraces modernity and democracy and yet accommodates the spiritual view of
life. The imperatives of modernity and the aspirations of religion mingle
together. Secularism and Islam co-exist in harmony and symbiosis. Malaysia
preserves the best of its religious, cultural and moral traditions and yet
keeps the portals of its mind open to the world. It is a nation in which the
past, the present and the future blend together beautifully.
Eighth, Malaysia has successfully kept the armed
forces under civilian control. There has been no attempted coup d’etat
and no “stern warnings” from military generals to the political executive. Even
in 1969 when law and order broke down in the Klang Valley, the National
Operations Council was headed by Deputy Prime Minister Tun Abdul Razak who
called the shots with the army and police representatives in attendance. If
army personnel commit criminal transgressions, they are arrested by the police
and prosecuted in the ordinary courts. Malaysia has kept the armed forces out
of politics by creating a subtle check and balance between the armed force and
the police force. The numerical strength of the two forces, their equipment and
the rank of their top officers are nearly equal. Another remarkable phenomenon
is that the extra-constitutional military-industrial complex that, behind the
scenes, dictates policy in many democratic countries like the USA has not been
able to displace civilian control over military and industrial decisions in
Malaysia.
Ninth, Malaysia has very successfully used
education as a tool of social engineering and upward social mobility. Primary
and secondary education is free and open to all irrespective of race or
religion. Tertiary education is highly subsidised. Though the number of public
universities has risen to 20 from only one after Merdeka, the government is
unable to meet the aspiration of all who seek higher education. Nevertheless,
the 90% literacy rate is high on any standards. The opportunities for upward
mobility through higher education are almost unmatched in this part of the
world.
Tenth, our law and order situation is relatively
satisfactory. The recent Bersih 2.0 rally, though criticised by the security
establishment, was largely peaceful and proves that, by far and large, in this
country liberty does not degenerate into a licence for anarchy. Street violence
is not our way of solving problems.
The blessings of Allah on Malaysia are many. There
is much in Malaysia’s struggles and successes that is worthy of emulation by
friends and foes alike.
But despite our successes we cannot be complacent.
As we celebrate fifty-four years of independence, our laws and institutions,
our values and our views cannot remain impervious to the changes and challenges
all around us. We cannot operate the way we operated when Malaya began
its tryst with destiny in 1957. One must remember Woodrow Wilson’s observation
that the Constitution is not a mere lawyer’s document. It is a vehicle of life
and its spirit is always the spirit of the age. In the realm of
constitutionalism there are always new challenges and opportunities that beckon
the human spirit.
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