the Times part 3 : Rights, the Social Contract and Nation building
ABIM's president, Yusri Mohammad then speaks at length on the challenges
to nation building as we reach our 50th year of independence, arguing for
the social contract and bumiputera rights to remain intact. Below are
excerpts translated, adapted and summarised:-
The basic formula for the terms in the 1957 Social Contract is that all
main races in the country accept the special rights of the Malays as well
as the rights of all the races. Tunku Abd Rahman made it clear in
pronouncing that the formula which was the basis for the Federal
Constitution on 10th July 1957: the agreement that the rights of the
Malays being the indigenous people of the country be affirmed and
preserved, whereas the non Malays being the immigrants be granted new
rights as citizens of the country. The Malay rights as envisaged before
independence were:
The special position of Islam and Malay adat
The special position of the Malays
The special position of the Malay rulers
Later, in 1971, similar rights were affirmed for the pribumi of Sabah
and Sarawak. The Non-Malays were given all rights as citizens including
their freedom of religion, language, political and economic rights and
others. There is no such thing as the existence of 1st or 2nd class
citizens. All citizens have rights according to the constitution.
The social contract is the culmination of compromise and a balance of
rights and demands in an atmosphere where there exist conflicting
interests between different races. Everyone had to relinquish some
demands in order to obtain justice for all.
Three memorable quotations are taken from speeches debating the
inaugural Federal legislative Council July 1957:
"It is a right (citizenship) which has given the Malays very grave
concern and fear. Nevertheless, because of their desire and anxiety to
put Malaya on the pedestal as an independent nation, they are prepared to
give the right to the new people." Tunku Abd Rahman referring to the
readiness of Malays to accept the citizenship of the other races.
"The principle of the special position of the Malays has already been
embodied in the Federation of Malaya agreement. The Malays therefore
cannot be expected to give up what they already have in the same way they
do not expect the other communities to give up their existing rights. Far
more important however is the indisputable fact that as a race, the
Malays are economically backward and well behind the other races in this
field. To put in another way, the main object of this provision is to
ensure that the Malays do not lose the little they already have, and if
possible be given a reasonable handicap to enable them to catch up with
the other races. I cannot think of a more laudable objective or a more
necessary one." Tun Tan Siew Sin in brushing off criticism concerning
provisions for special Malay rights.
"We hear it spoken, Sir, of first class and second class citizenship. Is
the first class citizen one who is badly provided with roads, has a leaky
roof over his head, cannot even get a doctor on a rainy day even if his
child is badly ill? Is that person, be he in the kampong or estate or new
village, the first class citizen, or is it he who has a bungalow in the
Federal capital, one, possibly in the Cameron Highlands and a couple more
at a seaside resort who is a first class citizen, I ask." Tun Sambanthan
in countering claims concerning inequality of the races.
We are grateful and thankful that this social contract remains intact as
the main stabilising factor of politics and ethnic relations. It is fair
to say that generally apart from the 13th May incident, ethnic relations
in Malaysia are harmonious. Countries which neglect to give special
rights to the indigenous communities such as Sri Lanka and Fiji face
coups, violent conflicts and outright civil war.
Recently, radical demands have been issued by certain groups which no
longer respect this social contract which in fact transgresses the laws
of the land. They certainly fail to understand history and feel
themselves to be above the law. If they continue to question basic
bumiputera rights as enshrined in the constitution, then there maybe a
backlash of counter demands from bumiputeras which we do not want to see
it happen.
The 'Merdeka Statement' by 42 NGO's demanding the formation of a Truth
and Reconciliation Committee to investigate 13th May is unwarranted and
excessive. It implies apartheid like conditions which is totally
perverse. There is no reason for this insistence except to open up old
wounds which was a blot in history by selfish extremists while neglecting
the feelings of the majority who feel that it should be left in the past.
After 50 years everyone has accepted the other, living in peace and has
prospered from the wealth of the nation, the political stability and
economic development. There has been weaknesses in the implementation of
national policies which can be remedied but not to the extent that the
terms of the Social Contract be questioned.
ABIM shall continue to uphold and support policies which raise the
socio-economic well being of the bumiputeras. At the same time, in the
name of social justice, policies which help the people should be open to
others who are qualified. In this regard, scholarships have been given to
non-bumiputeras who qualify and ABIM has no objection to this development.
We do not oppose policies, in fact, we shall support those which help the
people regardless of race or religion.
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