MPU2113 Pengajian Malaysia 2_Lecture Notes

MPU2113 MALAYSIAN STUDIES 2

CHAPTER 1 HISTORY AND POLITIC 1.1. THE EARLY HISTORY OF THE COUNTRY 1.1.1. COLONIZATION 1.2. ROADS TO INDEPENDENCE 1.2.1. MALAYAN UNION 1.2.2. COMMUNISTS INSURRECTION 1.2.3. INDEPENDENCE NEGOTIATIONS

1 - 22 1 1 3 3 4 5

1.2.4. MALAYSIA MERDEKA 1.3. THE FORMATION OF MALAYSIA 1.3.1. FACTORS FOR THE FORMATION OF MALAYSIA 1.3.2. TOWARDS MALAYSIA 1.3.3. INTER-GOVERNMENT COMMITTEE (IGC) 1.3.4. SEPARATION OF SINGAPORE FROM MALAYSIA 1.4. SYSTEM OF GOVERNMENT AND NATIONAL ADMINISTRATIVE STRUCTURE MALAYSIA’S SYSTEM AND STRUCTURE OF GOVERNMENT 1.4.1. 1.5. DEMOKRASI BERPARLIMEN DI MALAYSIA 1.5.1. GENERAL ELECTION 1.5.2. CHAPTER 2 THE CONSTITUTION OF MALAYSIA 2.1. INTRODUCTION 2.2. DEFINITION OF THE CONSTITUTION 2.3. HISTORY OF THE DRAFTING OF THE MALAYSIAN CONSTITUTION 2.3.1. ROLE OF THE CONSTITUTION 2.3.2. FORMS OF THE CONSTITUTION 2.4. SUPREMACY OF THE CONSTITUTION 2.4.1. THE SUPREME LAW OF THE FEDERATION 2.4.2. CONSTITUTION AS THE HIGHEST LAW OF THE LAND 2.4.3. CONSTITUTIONAL AMENDMENTS 2.4.4. FEDERAL AND STATE CONSTITUTIONS 2.5. MAIN PROVISIONS IN THE CONSTITUTION 2.5.1. MALAY LANGUAGE 2.5.2. SPECIAL STATUS OF THE MALAY KINGS 2.5.3. ISLAM AS THE FEDERAL RELIGION AND THE STATUS OF OTHER RELIGIOUS 2.5.4. CITIZENSHIP 2.5.5. SPECIAL RIGHTS OF MALAYS, BUMIPUTERA AND THE RIGHTS OF OTHER RACES 2.5.6. BASIC INDIVIDUAL RIGHTS IN THE CONSTITUTION 2.5.7. CONCLUSION

6 6 6 8 10 10 11 11 17 17 - 22

CHAPTER 3 SOCIETY AND UNITY 3.1. EHNIC COMPOSITION OF THE MALAYSIAN POPULATION 3.1.1. INTRODUCTION 3.1.2. MAIN INHABITANTS OF MALAYSIA 3.1.3. INDIGENOUS POPULATION OF SABAH AND SARAWAK 3.1.4. CULTURAL 3.2. UNITY AND NATIONAL INTEGRATION 3.2.1. ETHNIC RELATIONS IN MALAYSIA 3.3. RUKUN NEGERA: THE NATIONAL IDEOLOGY

39 - 49 35 35 35 43 44 45 45 46

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23 - 38 23 24 24 24 24 25 25 26 26 28 29 29 30 32 33 34 35 38

3.3.1.

TOWARDS NATIONAL INTEGRATION

46

CHAPTER 4: NATIONAL DEVELOPMENT 4.1. DEVELOPMENT PLAN AND VISION 4.1.1. THE CONCEPT DEVELOPMENT 4.2. NATIONAL DEVELOPMENT POLICY

50 - 55 50 50 51

4.2.1. 4.2.2. 4.2.3. 4.2.4. 4.2.5.

BEFORE INDEPENDENCE AFTER INDEPENDENCE FIVE YEAR MALAYSIA PLANS ELEVEN NATIONAL DEVELOPMENT POLICY CHALLENGES VISION 2020

51 52 52 54 55

4.3.

SUMMARY

55

CHAPTER 5 ISSUES OF NATIONAL CONCERN 5.1. MALAYSIA’S POLICY ON REGIONAL AND WORLD AFFAIRS 5.1.1. INTRODUCTION 5.1.2. MALAYSIA AND REGIONAL RELATIONS 5.1.3. MALAYSIA AND WORLD AFFAIRS 5.1.4. CONCLUSION 5.2. DEVELOPMENT AND ENVIRONMENT 5.2.1. INTRODUCTION 5.2.2. CARE AND CONVERSATION OF QUALITY ENVIRONMENT 5.2.3. INCULCATING AWARENESS AMONG OFFICIAL BODIES AND THE PEOPLE 5.2.4. CONCLUSION 5.3. HUMAN DEVELOPMENT 5.3.1. INTRODUCTION 5.3.2. SPECIAL GOVERNMENTAL HUMAN DEVELOPMENT PROGRAMMES 5.3.3. COMPETITIVENESS AND SELF-CONTROL 5.3.4. WHOLESOME VALUES IN THE CONTEXT OF GLOBALIZATION

56 - 75 57 57 57 58 63 63 63 63 67 69 69 69 69 72 74

CHAPTER 6 THOUGHTS AND BELIEFS 6.1. WHY DOES MAN NEED RELIGION? 6.1.1. RELIGION 6.1.2. THE ROLE OF RELIGION TO MAN 6.2. THE SPREAD OF RELIGION IN MALAYSIA 6.2.1. ISLAM 6.2.2. BUDDHISM 6.2.3. HINDUISM 6.3. ISLAM IN THE CONSTITUTION OF MALAYSIA 6.3.1. ARTICLE 3: RELIGION OF THE FEDERATION 6.3.2. ARTICLE 11: FREEDOM OF RELIGION 6.4. ISLAM AND THE PLURAL SOCIETY

76 - 85 76 76 77 78 78 79 80 81 81 82 83

6.4.1. 6.4.2. 6.4.3. 6.4.4. 6.4.5. 6.4.6. 6.5. 6.5.1. 6.6.

83 83 83 84 84 84 84 85 85

BUILDING RELATIONSHIP/AL-TAARUF BROTHERHOOD/AL-UKHUWAH COOPERATION/AI-TA’AWUN UNDERSTANDING/AI-TAFUHUM LOVE/AI-MAHABBAH SOLIDARITY/AI-TADHAMUN RELIGIOUS TOLERANCE THE PRACTICE OF RELIGIOUS TOLERANCE IN MALAYSIA CONCLUSION

ii

1.1.

THE EARLY HISTORY OF THE COUNTRY

1.1.1.

COLONIZATION

1.2.

ROADS TO INDEPENDENCE

1.2.1.

MALAYAN UNION

1.2.2.

COMMUNISTS INSURRECTION

1.2.3.

INDEPENDENCE NEGOTIATIONS

1.2.4.

MALAYSIA MERDEKA

1.3.

THE FORMATION OF MALAYSIA

1.3.1. 1.3.2.

FACTORS FOR THE FORMATION OF MALAYSIA TOWARDS MALAYSIA

1.3.3.

INTER-GOVERNMENT COMMITTEE (IGC)

1.3.4.

SEPARATION OF SINGAPORE FROM MALAYSIA

1.4.

SYSTEM OF GOVERNMENT AND NATIONAL ADMINISTRATIVE STRUCTURE

1.4.1.

MALAYSIA’S SYSTEM AND STRUCTURE OF GOVERNMENT

1.5.

PARLIAMENTARY DEMOCRACY IN MALAYSIA

1.5.1.

GENERAL ELECTION

1.1.

THE EARLY HISTORY OF THE COUNTRY

1.1.1.

COLONIZATION

1.1.1.1.

European Colonial Powers

Involvement of European colonial powers started with the Portugese, who captured Melaka in 1511, then the Dutch. Melaka was then ceded to the British in Anglo-Dutch Treaty of 1824. The colonization of Sabah began when Brunei surrendered its sovereign right over western Sabah to a private company jointly owned by Baron Von Overbeck and Alfed Dent. Subsequently, the Sulu Sultanate surrendered its sovereignty over eastern Sabah to the same company. In 1841, a British adventurer, James Brooke, lease Kuching from the Sultan when he succeeded in quelling a rebellion in that state. Brooke made himself the “White Rajah” of Sarawak, steadily expanding his territory at Brunei’s expense.

1.1.1.2.

Factors of British Intervention

Factors that contributed to British direct intervention in Malay politics are stated below: 





Commerce Interest. Unstable political condition caused by succession disputes between rival claimants and secret societies were claimed to have disturbed British commerce in the Malay Stats. Economic Consideration. Malay states are rich in natural resources required by the factories in Britain. It was also a potential market for British manufactured goods. Competition in Imperialist activities among European nations. The objective of imperialism was to dominate as many territories as possible. The more territories a nation could control, the greater would be the supply of raw materials for its factories in Europe.

1.1.1.2.1.

Earlier Society Reaction - Opposition

The British administration provoked dissatisfaction and resentment among the local chiefs and the people as it was felt that their positions had been eroded. In Perak, the British met with opposition from Sultan Abdullah himself as well as other chiefs. This opposition climaxed with the murder of J.W.W. Birch, the Resident. However, the British were able to crush the opposition.

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MPU2113 Malaysian Studies

The British also opposed by Negeri Sembilan people. Chiefs who did not like the British Intervening in Sungai Ujong. In Pahang, the British were opposed by Pahang chiefs who resented British intervention in the affairs of their state. In Sarawak, James Brooke’s expansion of influence through military action aroused the anger of the local people,

especially the Malays and the Ibans. Syarif Masahor, the governor of the district of Sarikei, with the help of Datuk Patinggi Abdul Gapur, led a resistant campaign against Brooke. Among the Ibans, Rentap led the resistance in Ulu Skrang. Meanwhile, in Sabah, Mat Salleh arose to oppose British rule because his position was challenged and his people saddled with unfair taxation.

1.1.1.3. 1.1.1.3.1.

Effects of Colonization Immigrants

Unlike some colonial powers, the British always saw their empire as primarily an economic concern, and its colonies were expected to turn a profit for British shareholders. Malaya’s obvious attractions were its tin and gold mines, but British planters soon began to experiment with tropical plantation crops – tapioca, gambier, pepper and coffee. But in 1877, the rubber plant was introduced from Brazil, and soon become Malaya’s staple

export, stimulated by booming demand from European industry. All these industries required a large and disciplined labour force, and the solution was the importation of plantation workers from India, mainly Tamilspeakers from South India. The mines, mills and docks also attracted a flood of immigrant workers from Southern China. 1.1.1.3.2.

‘Divide and Rule’ Policy

British implemented ‘Divide and rule’ policy to break up the people into distinct compartments according to

space and functions. In reality, it often refers to a strategy where small power groups are prevented from linking up and becoming more powerful, since it is difficult to break up existing power structures. In the years before World War II, the British neglected constitutional development in Malaya. Following their usual policy of indirect rule, they were concerned to prop up the authority of the Sultans and to discourage any talk of Malaya as a united or self-governing country. There were no moves to give Malaya a unitary government, and in fact, in 1935, the position of Resident-General of the Federated States was abolished, and its powers decentralized to the individual states. With their usual tendency to racial stereotyping, the British regarded the Malays as amiable, making good government servants British officers while Chinese making goo tin miner, business man; and Indian as rubber estate workers. 1.1.1.3.3.

Malay Society

Traditional Malay society had great difficulty coping with both the loss of political sovereignty to the British and of economic sovereignty to the Chinese. The Sultans, who were seen as collaborators with both the British and the Chinese, lost some of their traditional prestige, particularly among the increasing number of Malays with a western education, by the mass of rural Malays continued to revere the Sultans and their prestige was thus an important prop for colonial rule. The one consolation to Malay pride was that the British allow them a virtual monopoly of positions in the police and local military units, as well as majority of those administrative positions open to non-Europeans. While the Chinese mostly built and paid for their own schools and colleages, importaing teachers from China, the colonial government fostered education for Malays, opening Malay College in 1905 and creating the Malay Administrative Service in 1910. A Malay Teachers College followed in 1922, and a Malay Women’s Training

College in 1935. All this reflected that official British policy that Malay belonged to the Malays, and that the other races were but temporary residents. This view was increasingly out of line with reality, and contained the seeds of much future trouble. Page

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1.2.

ROADS TO INDEPENDENCE

1.2.1.

MALAYAN UNION

1.2.1.1.

Japanese Occupation

The Japanese under command of Major Fojira Iwaichi occupied the country in 1942 for three and a half year (15 February 1942 – 15 August 1945) after defeating the British. They were well received by local especially KMM (Kesatuan Melayu Muda) members. The Japanese ruled the Malaya according to Military administrative (gunseibu) under leadership of Major Osene Yoshihiko, assisted by nine civilian, responsible solely to the command of 25 Brigades. Finally the Alliance Force defeated Japan in 1945. 1.2.1.2.

Return of British

After surrender of Japan, British returned to Malaya with a plan to form a Malayan Union. The British wanted a union of the states in Malaya so that there would be uniformity in administration as well as lower administractive costs. The plan was announced in October 1045 and also aimed to prepare Malaya for eventual self-government. The British sent Sir Harold MacMichael on 12 Octover 1945 to Malaya to obtain the signatures of the Rulers of the nine Malay states. Sir Harold MacMichael obt ained the Sultans’ consent within three months. The Malays opposed the Malayan union proposal because they could not compromise on two matters: (a) Violation of Sultan’s power. (b) Award of citizenship through the principle of just soli (i.e. anyone born in the country after the formation of Malay Union would entitled to citizenship). To galvanize the opposition, a conference of Malay organizations was held in Kuala Lumpur in March 1946. This Pan-Malayan Malay Congress resolved to form a political party to force the British to withdraw the proposal. But the British government ignored all protests and Malayan Union was proclaimed on 1 st April 1946. Second Pan-Malayan Malay Congress in Kuala Lumpur, all Malays appointed to Malayan Union Advisory Councils at central or state levels were asked to boycott the councils. The Malay rulers were also requested to stay away from the installation of the Governor of the Malayan Union. A third Pan-Malayan Malay Congress was held on May 1946. At this conference, United Malay National Organisation (UMNO) was established. The first president of UMNO is Dato’ Onn Bin Jaafar.

1.2.1.3.

The Federation of Malaya

As a result of the hostile opposition, British were forced to dissolve the Malayan Union two years after it was formed. A Working Committee was set up to draw up a new constitution, The Federation of Malay to replace the Malayan Union. The non-Malays objected to the British intention to change the Malayan Union constitution. They formed the Pan-Malayan Council of Joint Action (PMCJA) in December 1946 under chairmanship of Tan Cheng Lock. A group of Malays with radical orientation also opposed the proposal contained in the Working Committee Report. Since the protest also came from non-Malays, the British made certain changes to the new constitution being drawn up. On 21 February 1948, the Federation of Malaya government officially replaced Malayan Union. 1.2.1.4.

Early Political Parties

Following the establishment of UMNO by Dato’ Onn in 1946, Chinese and Indians start to realize that they need

to take a step forward to protect their rights and interests. Malayan Chinese Association (MCA) was formed on 27 February 1949 and presided by Tan Cheng Lock. MCA aimed to protect the rights and interests of Chinese and to promote and maintain interracial harmony and build a united Malayan Union. The MCA’s task is to co operate with government in the Communist measures and agitate the principle of jus soli of citizenship by birth. Malayan Indian Congress (MIC) formed in August 1946 and presided by John Thivy. Community leaders in Malaya realized that unity of the people was extremely important for the attainment of self-government. They were also aware that British would not grant independence unless the various communities made unified and integrated demands.

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For this reason, Dato’ Onn Jaafar changed the principle for his struggle. His change of attitude gained support

from the British. At that time, Malaya was threatened by the communists. Besides communal tension among Malays and Chinese developed and forced British to set up an inter-communal relations committee in Penang in 1949. In this committee, the Malays were presented by Dato’ Onn Jaafar while Chinese by Tan Cheng Lock. In line with inter-racial concept, Dato’ Onn decided to open UMNO to other communities however, was opposed by UMNO members. Dato’ Onn left UMNO on 27 August 1951 and formed the Independence of

Malaya Party (IMP). UMNO found a new leader – Tunku Abdul Rahman Putra.

1.2.2.

COMMUNISTS INSURRECTION

1.2.2.1.

Origin

The Malayan Races Liberation Army (MRLA) was a guerrilla (freedom fighter) force created by the Malayan Communist Party (MCP) and, to some extent, led and dominated by ethnic Chinese communists. It was a successor of the Malayan People’s Anti -Japanese Army (MPAJA), another guerrilla force which the British had secretly trained and equipped with arms during World War II in the fight against the Japanese Occupation. The Communist Party, which had been banned in the pre-war years, was thereafter granted legal recognition by the British after the war as a reward for its wartime effort. However, most of the MPAJA’s weapons had been

kept secretly for future clandestine use. 1.2.2.2.

Guerrillas War

Despite the usage of the term “emergency”, it was in actuality a full -scale guerilla war between MRLA and

British, Commonwealth, and Malayan armed forces; some have gone as far as to characterize it as a civil war. The MRLA commonly employed hit and run guerrilla tactics, sabotaging installations, attacking rubber plantations and destroying transportation and infrastructure. Most of the Malay did not support MRLA as communism was against Islamic teachings that denied God existence. MRLA mainly supported by ethnic Chinese who live in Malaya. The Chinese supported MRLA as they were denied the equal right to vote in elections, had no land rights to speak of, and were usually very poor. The MRLA’s agents within the Chinese community were known as “Min Yuen”.

Sir Harold Briggs introduced the “Briggs Plan” to eradicate communist activities through a strategy to relocate the squatter areas from the edge of the forest to a new village; and to launch starvation movement. The relocation plan started on 1 June 1950 in Johore. Towards February 1952, more than 400,000 Chinese squatters were relocated to approximately 400 new villages. This plan was aimed at restricting the Chinese from supplying food, medicine and information to the communist guerrillas who were hiding in the jungle. This plan was effective in eradicating communist violence because it weakened Min Yuen activities and forced the communist out of the jungles. In 1951, some British army units began a “hearts and minds campaign” by giving medical and food aid to Malays

and indigenous Sakai tribes. At the same time, they put pressure on MRLA by patrolling the jungle. Units such as SAS, the Royal Marines and Gurkha Brigades drove MRLA guerrillas deeper into the jungle and denied them resources. The MRLA had to extort food from the Sakai and earned their enmity. Many of the captured guerrillas changed sides. In comparison, the MRLA never released any Britons alive. In the end the conflict involved some 35,000 British and 60,000 Commonwealth troops against a possible army of 30,000 communist guerrillas. Resolving the Emergency on October 7, 1951, the MRLA ambushed and killed the British High Commissioner, Sir Henry Gurney. The killing has been described as a major factor in causing the Malayan psyche to roundly reject the MRLA campaign, and also as leading to widespread fear due to the p erception that “if even the High Commissioner was no longer safe, there was little hope of protection and safety for the main-in-the-street in Malaya”. Gurney’s successor, Lieutenant General Gerald Templer was instructed by the British government to push for immediate measures to give ethnic Chinese residents the right to vote. He also pursued the Brigg’s Plan,

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installed Malay executives and sped up the formation of a Malayan army. His most important deal was a promise of independence once the insurrection was over. He also instituted financial reward for detecting guerrillas by any civilans and expanded the intelligence network (Special Branch). Realizing that his conflict has not come to any fruition, Ching Peng sought a referendum with the ruling British government alongside many Malayan officials at Baling in 1955. The meeting was clearly intended to pursue a mutual end to the conflict but led by Tunku Abdul Rahman, representing the Malayan government at the Baling Talks, all of Chin Peng’s demands were dismissed. With the independence of Malaya under Prime Minister Tunku Abdul Rahman on August 31, 1957, the insurrection lost its rationale as a war of colonial liberation. The last serious resistance from MRLA guerrillas ended with a surrender in the Telok Anson marsh area in 1958. The remaining MRLA forces fled to the Thai border and further east. On July 31, 1960, the Malayan government declared the Emergency was over, and Chin Peng left south Thailand for Beijing where he was accommodated by the Chinese authorities in the International Liaison Bureau, where many other Southeast Asian Communist Party leaders were housed. During the conflict, security forces killed 6,710 MRLA guerrillas and captured 1,287 of total number of guerrillas. 2,702 surrendered during the conflict, and about 500 at the end of the conflict. There were 1,346 Malay troops and 519 British military personnel killed. 2,478 civilians were killed and 810 recorded missing as a result of the conflict.

1.2.3.

INDEPENDENCE NEGOTIATIONS

1.2.3.1.

Road to Independence

Malaysians are special compared to the people of other countries because the struggle for their independence did not cause blood spills, loss of lives or property, or involve any arms revolution. Malaya’s independence was

made possible to a crucial element many nations did not achieve – the courageous unity despite the various ethnic groups, due cultures and religious. This unity harmony become the main strength, and the base for the Alliance Party to proceed with the discussion with the British to claim Malaya’s independence. The reason that cooperation among races became

the base of the independence struggle was that the world community and even the Malayan community were not convinced with Malaya’s ability to remain peaceful with a community structure that is of different religious,

race and background. 1.2.3.2.

The Struggle

Spearheading the struggle for independence was Dato’ Onn Jaafar, who founded the UMNO party one year after Japanese surrendered at the end of the World War II. The formation of UMNO was a result of a compelling unity among all the Malays – the people and the monarchs – in fighting against the Malayan Union, a British scheme meant to put an end to all Malay traditions (political and administration system and customs as well as governance of all states in Malaya). The leadership of UMNO was handed down to Tunku Abdul Rahman Putra in 1951. It is also important to mention that Malays were not alone in the struggle. Malaya was made up of a diverse community with various religious, races and ethnic groups. Although the Malay leaders were controlling the political leadership, they accepted the structure of the Malayan people and realized that a struggle without the participation of the other races would not succeed. The Malay leaders realized that in the long run, Malaya must be governed under a self-ruling system where all races are united under a single, strong and firm political banner. It soon became clear that the struggle for independence was really a struggle for all the Malayan people. 1.2.3.3.

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Prelude to Independence


Tunku Abdul Rahman Putra lead a delegation to Britain to seek independence for Malaya in 1954, but the trip was unfruitful. In January 1956, Tunku Abdul Rahman led a delegation comprising four memebers of The Alliance coalition and four Rulers’ representatives to London, to negotiate on Malaya’s independence. After

three weeks of negotiations, the London Independence Agreement was signed on February 8, 1956. The British Government had agreed to give Malaya her independence on the August 31 of the following year.

1.2.4.

MALAYSIA MERDEKA

When Tunku Abdul Rahman and his delegation returned from London, the happy news was announced at Padang Merdeka, Bandar Hilir Melaka – the place “where it all began”. The announcement was received by all with utmost joy. The people’s objective and dreams were r eached on the night of August 30, 1957 at the Padang Selangor Club

(now Dataran Merdeka) where the Union Jack flag was lowered for the last time and the Malayan flat was proudly raised. The following day, a new independent nation was born with Tunku Abdul Rahman declaring the Malayan Independence at the Merdeka Stadium. The historical event was attended by thousands of citizens, the Malay rulers, the Duke of Gloucester (representing the Queen) and other representatives from the British government. The day was a most important and glorious day for all Malayans (then) and Malaysians today, for after 446 long years of colonization, out land finally became a sovereign independent nation.

1.3.

THE FORMATION OF MALAYSIA

1.3.1.

FACTORS FOR THE FORMATION OF MALAYSIA

1.3.1.1.

The Formation of Malaysia

The establishment of Malaysia on September 16, 1963, saw the merger of the British colonial territories of – a merger whereby these Singapore, Sabah and Sarawak with the already-independent nation of Malaya colonies obtained their independence. The establishment of Malaysia was in effect the last state in the process of decolonization of the remaining areas in South-East Asia still under British colonial rule. It was a unique and peaceful method of ending colonial domination, but nevertheless a necessary and natural method, in a strategically important area of the world. Federation within a larger unit was about the only and logical way by which the territories o Singapore, Sabah and Sarawak could gain independence.

The idea of unifying the countries in the region with Malay had been sounded a few times by certain quarters, especially since the 1950’s. However, it was only after Tunku Abdul Rahman proposed the Malaysian concept

that the idea was followed up with further action until Malaysia was inaugurated as a new nation in September 1963. 1.3.1.2.

Factors for the Formation of Malaysia

The formation of Malaysia involved a gigantic change. Conceptually, it looked like a very complex plan. Many quarters were cautious and doubtful that it would take place. But the dream became a reality and Malaysia as a new nation was born, because the motivation was sufficient to stimulate the leaders and the people in the countries concerned. The following paragraphs explain briefly the factors that contributed towards the formation of Malaysia. (a) Independence Through Unification

Among the five potential member countries, only Malaya was free from any outside power after its Independence on 31 August 1957. The other four countries – Brunei, Sabah, Sarawak and Singapore were still under British rule and the entry into Malaysia would enable them to become independent from the British government. This could be expected as the British had on many occasions, while proposing the unification of the neighboring countries with Malaya hinted their readiness to grand independence. The case of “freed om

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through unification” was a primary factor for the future member countries. This desire had been revealed even

earlier on by all the members-to-be. (b) Understanding For Development

Another reason felt by all the future member countries was the question of fostering regional understanding and creating one united nation for the progress of the country and the people. The existing potential in any country would be more easily developed under one strong central administration. Kuala Lumpur, after five years of independence could use its experience as a multi-racial country to help develop the countries within Malaysia. (c) Ethnic Balance and Unity

This factor was not emphasized by Singapore but was important to the authorities in Kuala Lumpur. Tunky really wanted a Malaysian federation. A large union encompassing Brunei, Sabah, Sarawak and Singapore and not just a union of Singapore with Malaya, to ensure the preservation of ethnic balance. Maintaining a balance between non-Bumiputras and Bumiputras (inhabitants of Malay descent and native tribal groups) would ensure peace and stability in the region. Britain too, viewed this an important consideration. Most of the leaders in the prospective member states also accepted the challenge of unifying the diversified cultural heritage which could be melted into one entity under a strong central government. Language constituted the medium and channel for unity and the cultivation of an identity and Tunku drew the general attention to the fact that nonMalays in the states of Borneo could speak the Malay language, which had been decided upon as the national language in Malaya. (d) Collective Fight Against Communism

The communist threat was a source of worry to many including the British. The prospective members of Malaysia were always exposed to this danger. Malaya was constantly exposed to the communist threat even though the Emergency that lasted twelve years because of the communist terrorists, was over. Brunei was also facing the spread of communism while Singapore was worried that they might face the same problem. The British too, were concerned over the problem for the sake of British investment in South East Asia. The task of fighting communism would definitely be greater for a country to do it alone. (e) Economic Cooperation

Kuala Lumpur valued highly regional cooperation in economic matters. This could be administered from a centre following a pact among the member states. In this context each country had certain resources that could be developed to the benefit of both the country and the central government. In short, the economic potential in a state could be further developed: Singapore’s international trade, industry and tourism, Brunei’s oil products, the forestry products of Sabah and Sarawak and Malaya’s mineral and agricultural products.

(f) United in International Relations

Kuala Lumpur wanted to reinforce the pact among the regional countries so that they would not only be stronger internally but also in the international arena as well. Ties between a country and other foreign nations were still not well-regulated. Thus, if the countries within the plan were to unite under one government and political system, their position as one new nation would be stronger in the international arena. Tunku mentioned this in his speech at the Press conference on 27 May 1961, he stressed on the plan for political and economic cooperation among the countries in Malaysia. The formation of Malaysia itself marked the beginning of close cooperation among equal partners with the achievement of independence by member countries as a common goal. It is important at this stage, to be aware of the various economic, social and political considerations that pushed for the setting up of Malaysia. It is obvious from the above, that one or two factors reflect the sentiments of certain partners but not that of everybody. Nonetheless, all the reasons were agreed upon by each of the countries. Page

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Factors for the formation of Malaysia 1. Independence through Unification

2. Understanding for Development

3. Ethnic Balance and Unity

4. Collective Fight Against Communism

5. Economic Cooperation

6. United in International Relations 1.3.2.

TOWARDS MALAYSIA

The proposal to form Malaysia raised all sorts of reactions. The majority of the people of Malaya were interested. However, the degree of interest varied from time to time. This occurred as a result of the development of local politics and changes that occurred in the other member countries. We cannot deny for a fact that right from the beginning there were certain parties and individuals who opposed or were totally against the proposal. Changes such as these, and the development in the efforts to form Malaysia called for special actions at specific times until Malaysia was proclaimed two and a half years after Tunku seriously mooted the idea. Problems and issues that required action arose in all the prospective member states. The questions of status and position in Malaysia became a concern of all the countries. Everybody, from leaders to the common people, in each of the countries wanted to know the form of the new country that was about to take shape. At the same time, there was anxiety as regards the status of a country within Malaysia including the question of autonomy in certain areas. Queries concerning these matters were constantly asked in the prospective member states. To solve the problem, the authorities in Kuala Lumpur took all kinds of measures. Tunku and specially-formed Committee made visits to the countries to verify the uncertainty in the people’s thinking. The most important

among the actions taken was the Singapore Referendum and the UN Investigation, following restlessness resulting from local political changes ad outside interference. (Refer to the table below for the relevant information). Tunku and his team also had consultations with Britain, the Philippines and Indonesia. This included settling the differences in the reports made by the Malayan and British representatives to the Cobbold Commission while Tunku, Tun Abdul Razak and Tan Siew Sin had discussions in London. Special Measures Towards The Formation Of Malaysia Date Jan 1961 July 1961

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Action/Body Tunku’s goodwill visit to

Objective To reduce the people’s

Sabah and Sarawak

doubts give further clarification

Tunku’s visit to Brunei To

Effect/Decision Successfully reduced the fear of Malayan dominance Sultan of Brunei set up a High Commission


August 1961

Singapore consultations

Mid-1961

Integration Consultative Committee (ICC) (following a decision of the Association of Commonweath Parliaments) Consultation with Britain To assure the position of over the interest of the Sabah and Sarawak Borneo states. within Malaysia.

November 1961

August 1962 (Date of report) -formed April 1962

July 1962

August 1962

September 1962

Jun 1963

July 1963

1.3.3.

1. Explanation to the people 2. Discuss Singapore’s position/ autonomy Dissolved the suspicion of the people and the leaders of Sabah/Sarawak.

Cobbold Commission (following Tunku’s consultation with Britain, October 1961)

To survey the opinions of the people of Sabah and Sarawak (survey was carried out in Feb-April 1962) Malaysia Pre-agreement Resolve the differences consultations (London) in the Malayan and British reports to the Cobbold Commission Inter-Government To structure the form of Committee (or the new country Landsdowne Committee) including the Constitution.

Singapore referendum (preceded by referendum campaign) UN mission

The Malaysian Agreement was signed by all the four countries including Britain

To convince the people: citizenship and trade status To get a definite answer from the people of Sabah/Sarawak (The Philipines and Indonesia alleged the people were suspicious) Agreement was scaled (New nation with freedom for three countries)

Agreed Singapore be given autonomy inn Education and Human Resource. Uncertainty was successfully reduced. ICC continued to hold meetings from time to time.

1. Singapore-Malaya consultations agreed upon. 2. Referendum to be carried out 3. England-Malaya defense agreement to be extended Survey confirmed more than 70% of the people in the two countries were in favour. Proposal

was

Malaya’s

proposal

adjusted. was

generally accepted. The basic framework of the constitution was prepared. Landsdowne Committee report was accepted and became the basis of the Malaysian Agreement. 70% of the people agreed to join Malaysia 1. More than ⅔ of the people supported 2. Philipines and Indonesia continued to oppose.

Malaysia, a new nation was born, Proclamation on 16th September 1963.

INTER-GOVERNMENT COMMITTEE (IGC)

An Inter-Governmental (IGC), known also as the Lansdowne Committee comprising members from Malaya, Sarawak. Sabah and Britain was set up with the task of drawing out the constitutional details for the federation. The completed report was signed and submitted to the respective governments on February 27, 1963. The report contained the constitutional guarantees and safeguards for the people of the Borneo territories, in the proposed Malaysian federation.

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The climax of the events was the historic signing of the Malaysia Agreement on July 9, 1963 in London by representatives of Sarawak and Sabah, Singapore, Malaya and Britain. The Agreement provided for the necessary constitutional steps to be taken to bring about Malaysia on 31st August, 1963. Singapore, Sabah and Sarawak were to have new constitution, with safeguards and guarantees for the special interest of each of the territories. Among the safeguards was immigration to the Borneo Territories according ti which restrictions are placed on the inflow of immigrants from Malaya and Singapore to Sarawak and Sabah. The financial arrangements and contributions to the Central Government were agreed upon with provisions for a Common Market and a Tariff Advisory Board. The Malaysia agreement was subsequently passed by the Legislatures of Malaya, Singapore, Sarawak and Sabah and by the British Houses of Parliament. It thus became constitutionally binding upon the five territories about Malaysia and upon Britain to terminate its colonial rule over Singapore, Sarawak and Sabah.

1.3.4.

SEPARATION OF SINGAPORE FROM MALAYSIA

Singapore’s profound interest to join Malaysia did not last. Various in ternal events occurred and affected Singapore’s stand regarding her membership in Malaysia. About two years after Malaysia was formed the

Malays and Chinese in Malaya and Singapore experienced dangerous racial polarization. It was clear the polarization occurred between Malay extremists in Malaya and Chinese extremists in Singapore; but it was threatening more and more the relations and tolerance between Chinese and the Malays. The channel of dispute was the People’s Action Part in Singapore and the Allianc e in Malaya. The split in Singapore-Kuala Lumpur relations arose initially in the first Malaysian general election in 1964 in which the PAP was one of the many contesting parties. Before the general election, Lee Kuan Yew and several PAP leaders belittled MCA, again and again saying the MCA leaders lacked the caliber and were over-friendly with UMNO. Words such as these offended not only the MCA leaders but also UMNO leaders including Tunku Abdul Rahman, who valued very much the understanding and good relations between UMNO and MCA. The attitude of Lee Kuan Yew and PAP in general was interpreted by MCA and UMNO as a PAP tactic for taking over the role of the MCA in protecting the interests of the Chinese community. The mammoth scale of PAP’s

general election campaign clearly manifested that attitude. The PAP call to the Chinese to support the PAP and to force UMNO leaders to alter their social and economic treatment of the city dwellers made of the Malays. Indeed, the first Malaysian general election campaign was an event that brought serious repercussions. While the Chinese were confused, the Malays were generally suspicious of Lee Kuan Yew. A large number of them interpreted Lee’s, and in general, the PAP’s action as a move to create hostility. Hostile political feelings soon grew into negative racial sentiments. Alliance leaders regarded PAP’s criticism of the MCA as a weak party as

an attempt to destroy the good understanding within the Alliance. By July 1964, relations between the races became obviously strained. In fact, the tenseness exploded into riots twice – on 21 July and 2 September 1964. These events damaged the understanding relationship between Tunku and Lee. Lee’s relations with the MCA leaders too deteriorated. The situation urged Tunku to express his disappointment and to state that separation perhaps is the only solution if the Singapore leaders felt there was no more understanding. For the first 4 months of 1965, relations between Singapore and Kuala Lumpur were marked by disputes with more and more leaders joining in the fray. Nobody made any genuine effort to improve the situation. Instead all the leaders who came forward merely did so to strengthen their own struggle. On 27 April 1965, Singapore announced a convention to form a “United Opposition Front” with the aim to fight for equality of rights. Subsequently, Lee Kuan Yew started his “Malaysia For Malaysians” campaign underlining

that no community in Malaysia was more native than other communities. The Malays considered this statement a direct challenge to their status. After the convention on May 9, it was clear that the PAP slogans heightened Chinese unity against the Malays. The situation grew increasingly critical after UMNO extremists under Jaafar Albar reacted against Lee’s “Malaysian Malaysia” campaign witht eh call “Malays Unite”.

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Meanwhile, MCA leaders began to express a feeling of u neasiness over Singapore’s behavior Tan Seri in and T.H.Tan were among the MCA leaders who suggested that Singapore break away from Malaysia. Nonetheless efforts were made from time to time again from June to August to find a solution. All attempts failed because Singapore continued to make the situation worse. Finally on 7 August 1965, Lee and Tunku signed the separation agreement. On 9 August 1965, Parliament passed the Separation Act. With that, Singapore officially left Malaysia.

1.4.

SYSTEM OF GOVERNMENT AND NATIONAL ADMINISTRATIVE STRUCTURE

1.4.1.

MALAYSIA’S SYSTEM AND STRUCTURE OF GOVERNMENT

System refers to the divisions, each of which has a function and a role to play. All tasks that are carried out contribute towards the safeguard of the system as a whole. In the context of the government it refers to the system of government. The structure of a government refers to the stratifications in which each division works to maintain and render more efficiently the administration of the country. 1.4.1.1.

Specialization Of Power

The Federation of Malaysia practices a system of parliamentary democracy. There are three basic bodies – the executive, the legislative and the judiciary. The powers of the three bodies do not overlap and each has its own role. This means there is no interference between the bodies. The aim is to ensure the neutrality or objectivity of each of the bodies. Each body cannot influence the decision or action taken by another body. The executive body has the power to govern. The function of the legislative body is to draw up, amend and pass laws. The responsibility if the Judiciary is to keep watch, to ensure that executive does not abuse its power by drawing up laws as and when it fancies, so that the laws do not go against the provisions in the Federal Constitution itself. 1.4.1.2. 1.4.1.2.1.

Administration At the Federal Level The Executive

The executive body has the power to govern. It is responsible to carry out the matters of governing and administration. This body, with its officers at both the federal and state levels, as specified in the Federal Constitution, has the role of implementing the laws that have been passed by the legislative body whether in Parliament (at the federal level) or in the State Legislative Assembly (at the state level). The executive at the federal level is known as the cabinet and at the state level as the State Executive Council. Malaysia is a constitutional monarchy, nominally headed by the Yang Di-Pertuan Agong (“paramount ruler”), and customarily referred to as the king. Kings are elected for 5-year terms from among the nine sultans of the peninsular Malaysian states. The king is also the leader of the Islamic faith in Malaysia. Executive power is vested in the cabinet led by the Prime Minister; the Malaysia constitution stipulates that the Prime Minister must be a member of the lower house of parliament who in the opinion of the Yang di-Pertuan Agong, commands a majority in parliament. The cabinet is chosen from among members of both houses of parliament and is responsible to that body. The bicameral parliament consists of the Senate (Dewan Negara) and the House of Representatives (Dewan Rakyat). Sarawak in East Malaysia have governors appointed by government; powers of state governments are limited by federal constitution; under terms of federation, Sabah and Sarawak retain certain constitution prerogatives (eg. Right to maintain their own immigration controls). The federal government has authority over external affairs, defense, internal security, justice (except civil law cases among Malays or other Muslims and indigenous peoples, adjudicated under Islamic and traditional law), federal citizenship, finance, commerce, industry, communications, transportation, and other matters.

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1.4.1.3. 1.4.1.3.1.

Yang Di-Pertuan Agong – The King Introduction

The Yang di-Pertuan Agong is elected to the throne for a five-year term from one of the hereditary Rulers of the nine states in the Federation which are ruled by the Sultans. The states are Perlis, Kedah, Perak, Selangor, Negeri Sembilan, Johor, Pahang, Terengganu and Kelantan.

14th Yang di-Pertuan Agong Almu'tasimu Billahi Muhibbuddin Tuanku Al-Haj Abdul Halim Mu'adzam Shah ibni Almarhum Sultan Badlishah State: Kedah Duration: 13 December 2011 - Current

In the other states that is Melaka, Pulau Pinang, Sabah and Sarawak, the Head of State is the Yang di-Pertua Negeri or Governor of the State. The Yang di-Pertua Negeri is appointed by the Yang di-Pertuan Agong for a four-year term. His Majesty the Yang di-Pertuan Agong (King or Supreme Sovereign) is the Supreme Head of Malaysia. His Consort, the Raja Permaisuri Agong, takes precedence immediately after him. Every act of government flows from his authority but (excluding few matters I which he retains a personal discretion) he acts on the advice of Parliament and the Cabinet.

1.4.1.3.2.

The Power of the Yang di-Pertuan Agong

According to the Constitution (Article 20, [2]), the executive powers of the Yang di-Pertuan Agong allow him to use his discretionary powers in three matters: Page

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

Appointment of the Prime Minister Not to consent to the dissolution of Parliament



Request for a meeting of the Rulers’ Council to be held, to discuss matters pertaining to the special rights,



status, honour and importance of the rulers and other matters, as stated in the Constitution. As fountain of Justice, he appoints Chief Justice of the Federal Court, the President of the Court of Appeal, the Chief Judge of Malaya, the Chief Judge of Sabah and Sarawak, the judges of the Federal Court, the judges of the Court of Appeal and the judges of the High Courts on the advice of the Prime Minister after consultation with the Conference of Rulers.

As fountain of Honour, he can bestow orders of chivalry or give other honours or recognition. The Yang diPertuan Agong has the power to grant pardons, reprieves and respites in respect of all offences which have been tried by court-martial and all offences committed in the Federal Territories of Kuala Lumpur and Labuan. (The Ruler or Yang di-Pertua Negeri of a State has power to grant pardons, reprieves and respites in respect of all other offences committed in his State). He also exercises a similar prerogative in Pulau Pinang, Melaka, Sabah, Sarawak and the Federal Territories of Kuala Lumpur and Labuan as Head of Religion in these states if a pardon is in respect of an offence against the Muslim religion. Article 55 of the Federal Constitution provides that only the Yang di-Pertuan Agong shall summon Parliament to meet. He is also vested with special powers to prorogue or dissolve Parliament. As such, His Majesty the Yang di-Pertuan Agong is obliged by the Constitution to summon Parliament within six months between the last sitting in one session and the date appointed for the first meeting in the next session. The Dewan Negara comprises of 70 members of whom 40 are nominated by the Yang di-Pertuan Agong from among citizens who, in his opinion “have rendered distinguished public service or have achieved distinction in

the profssions, commerce, industry, agriculture, cultural activities or social services or are representatives of racial minorities or are capable of representing the interest of aborigines”, 2 members to represent the Federal Territory of Kuala Lumpur and 1 member for the Federal Territory of Labuan, 1 member for the Federal Territory of Putrajaya. The remaining 26 are elected by the Legislative Assemblies of the 13 states of Malaysia, each state returning 2 senators. Both the President and the Deputy President are elected by members of the Dewan Negara from among themselves. 1.4.1.3.3.

Election of King

The Yang di-Pertuan Agong is elected by the Conference of Rulers. To qualify for election, he must be one of the nine Rulers. He holds office for five years or until his earlier resignation or death. When the office falls vacant, the Conference of Rulers meets to elect a successor. Each Ruler signifies his intention or otherwise to offer himself for election. A secret ballot is then taken on each Ruler in turn starting with the Ruler next in precedence after the later or former Yang di-Pertuan Agong. The first Ruler who obtains not less than five votes favourable to him is then declared to e elected. When this has been done, a Deputy Supreme Head of Malaysia (the Timbalan Yang di-Pertuan Agong) may be elected by a similar process. On his election, the Yang di-Pertuan Agong relinquishes, for his tenure of office, all his function as Ruler of his own State and may appoint a Regent. However, he remains Head of Muslim religion in his State; and in the event of the Regency becoming vacant thereafter, he may appoint a new Regent in accordance with the Constitution of his State. he must also approve any amendment to the Constitution of his State. 1.4.1.3.4.

Conference of Rulers

The Conference of Rulers is established by the Constitution and consists of Rulers and the Yang di-Pertua Negeri. Its prime duty is the election of the Yang di-Pertuan Agong and his deputy (in this, however, the Yang di-Pertua Page

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Negeri plays no part). The Conference must be consulted on the appointment of Judges, the Attorney-General, the Election Commission and the Public Services Commission. The Conference must likewise be consulted and concur in the alteration of state boundaries, the extension to the Federationas a whole, in Muslim religious acts and observances, and in any Bill to amend the Constitution. Consultation is mandatory in matters affecting public policy or the special matters affecting the rights, prerogatives and privileges of the Rulers themselves. The Prime Minister, Menteri-Menteri Besar and Chief Ministers attend all the meetings of the Conference of Rulers other than a meeting to elect the Yang di-Pertuan Agong or the Timbalan Yang di-Pertuan Agong. The Conference of Rulers shall exercise its functions of – (i)

Electing, in accordance with the provision of the Third Shcedule, the Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong;

(ii)

Agreeing or disagreeing to the extension of any religious acts, observances or ceremonies to the Federation as a whole; Consenting or withholding consent to any law and making or giving advice on any appointment which under this Constitution requires the consent of the Conference or is to be made by or after consultation with the Conference.

(iii)

1.4.1.3.5.

State Executive Council

West Malaysia is divided into Federal Territory of Kuala Lumpur and 11 states: Johor, Kedah, Kelantan, Melaka, Negeri Sembilan, Pahang, Perak, Perlis, Penang, Selangor, and Terengganu. East Malaysia consists of the states of Sabah and Sarawak, and the Federal Territory of Labuan. Each of the 13 states has a titular ruler whose title varies in different states. Effective executive power in the states rests with the chief minister, who heads an executive council, or cabinet. Each state has its own written constitution and a unicameral legislative assembly empowered to legislate on matters not reserved for the federal parliament. The State Council resembles the Cabinet of Ministers at the federal level. In the Malay states with Sultan/Raja, this body is headed by the Menteri Besar, whereas for states that do not have a Sultan, it is the Chief Minister who heads it. In the Peninsular, it is known as State Executive Council. In Sabah the same body is known as the Cabinet and in Sarawak it is called the Supreme Council. The state governments are led by chief ministers (“Menteri Besar”) selected by the state assemblies (“Dewan Undangan Negeri”) advising their respective

sultans or governors. Even though in terms of the Constitution the ruler or Yang di-Pertua Negeri is the chief of the state, the executive power of the state is this body. The State Executive Council is responsible for forming various state policies, implements them and acts as advisor to the role or Yang di-Pertua Negeri. 1.4.1.3.6.

The State and the C onstitution

The position of the Yang di-Pertua Negeri is protected under the Federal Constitution. According to Article 70(1), they take priority over everybody else in their respective state. Meanwhile, especially for the Raja or Sultan, the right of his majesty to inherit and to hold, to enjoy and execute Parliamentary and special rights according to the constitution in the state is assured by Article 70(1) of the Constitution. The ruler or sultan is the leader of the religion of Islam for the respective states according to Article 3(2) of the constitution. The role of the ruler is to safeguard the sacredness of Islam, the practices and ceremonies related to it. In this context, His Highness is the “patron” or “protector” of Islam, in keeping with his position as religious

leader in his state. He also has a power to grant pardon or to postpone sentences for offences tried in public and the religious courts in their states. As the ruling body of the state, the State Executive Council is responsible for forming various state policies, implements them and acts as advisor to the ruler or Yang di-Pertua Negeri. The members of the State Executive Council are collectively responsible for decision taken by the State Executive Council as the body that forms the state government. Page

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1.4.1.3.7.

Coordination between the State and Federal Government

Even though in practice every state government has certain powers in administering the state, to ensure uniformly in the national government administration, a mechanism for coordinating the central government with the state government is created. This is done through two levels: First level: through National Land Council, the National Finance Council and the National Council for Local Government. Second level: carried out by a number of special committees that hold meetings and discussions from time to time for the purpose of coordination between both the central and state governments. 1.4.1.4. The Cabinet 1.4.1.4.1. The Concept of the Cabinet 



The concept of the Cabinet actually existed in the period of the Malacca Malay Sultanate. Names like Bendahara, Laksamana, Temenggung, Shahbandar and Orang Besar 4, 8, 16 and 32 (dignitarie s) were “cabinet” line -ups of the time. Everyone had a basic role similar to that of the cabinet today. The cabinet of Malaysia is the executive branch of Malaysia’s government. Led by the Prime Minister, the

cabinet is a council of ministers that is accountable to the Parliament. According to the Article 43 of the Constitution, members of the Cabinet can only be selected from members of either houses of Parliament. Formally, the Yang Di-Pertuan Agong appoints all Ministers on the advice of the Prime Minister, which he is obliged to follow. By convention, members of the Cabinet are typically appointed from the lower house of Parliament, the Dewan Rakyat. Although Deputy Ministers and/or Parliamentary Secretaries may be appointed to each portfolio, they are not included in the Cabinet. The Cabinet meets weekly, every Wednesday. This is decided by a general election process which is the pillar behind the practice of Parliamentary democracy in Malaysia. In this context, it can be said that the people have the power to decide on the government they want. Every individual who meets the conditions can vote to choose his representative in Parliament. At the highest level, appointed representatives who are appointed ministers, form the government. Since Independence, the Barisan National or National Front (formerly known as the Alliance Party) has continued to form the government. 1.4.1.4.2.

The Role of the Cabinet

The primary role of the Cabinet including the Prime Minister is to determine the government’s policies and to issue directives for their implementation by the government administrative machinery at the Federal and State levels, besides acting as an advisory body to the Yang Di-Pertuan Agong. The members of the Cabinet have meetings from time to time to come up with policies, discuss matters such as the implementation of the policies determined, current problems encountered by the Country and Government. The regular nature of the meetings allows every minister to k now about the development of an implemented policy and ‘follow up’ and ‘ follow through’ to be activated by the ministers and ministries responsible.

A policy to be implemented by a ministry must first be presented in the Cabinet meeting through a Cabinet paper by the minister concerned. The Cabinet paper is like a working paper. Before its presentations, the minister responsible will hold consultation and discussion with the departments under his ministry and also other ministries. This process is done with great care so as not to have any adverse effect upon its implementation. 1.4.1.4.3.

Prime Minister

The Prime Minister of Malaysia is the indirectly elected head of government of Malaysia. He is formally appointed by the Yang di-Pertuan Agong, or King, of Malaysia, and is invariably the leader of the largest party in the federal House of Representatives (DewanRakyat), the elected lower house of Parliament. He heads the Cabinet of Malaysia, whose members are appointed by the Yang dipertuan Agong on the Prime Minister’s Page

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advice. Since independence in 1957, the Prime Minister has been from the United Malays National Organisation (UMNO), the largest component party of the Barisan Nasional or National Front (known as Perikatan or Alliance until the 1969 general election). The head of government is the chief officer of the executive (government), often presiding a cabinet. In a parliamentary system, the head of government is often styled Prmine Minister, Premier, etc.

1.4.1.4.4.

Requirements for Taking Office

According to the Constitution of Malaysia, the Prime Minister must be:  

A member of the Dewan Rakyat (House of Representatives). Born a citizen of Malaysia; naturalized citizens may not be appointed as Prime Minister.

Although theoretically, the constitution gives the Yang di-Pertuan Agong discretion in the appointment of the Prime Minister, the appointment is invariably made based on vote-taking in the House or on the party commanding the most seats. Worry has been expressed that Malays, whether from UMNO or Parti Islam SeMalaysia (PAS), will prevent a non-Bumiputra (such as a Chinese Malaysian) from becoming Prime Minister. However, the government has repeatedly assured the public that the constitution does not mandate that the Prime Minister must be a Bumiputra. 1.4.1.4.5.

The Duties of the Prime Minister

The Prime Minster/s main function is to preside over the cabinet and to coordinate policies and efforts of the various portfolios in the government. The Prime Minister also has certain constitutional and statuary functions. He advises the Yang di-Pertuan Agong on the appointment of judges, the Service and Election commissions and the filling senior posts in the Civil Service. The Prime Minister’s Department in general oversees and coordinates the policies of the government and their implementation. Its main functions are as follows: 

Overall management of staff functions associated with duties and responsibilities of the Prime Minister in regards to the legislative, constitutional and political matters.



Overall management of the Prime Minister’s Office and its resources.



Overall management of the Prime Minister’s programmes



Coordination and preparation of the Prime Minister’s speeches, special messages and statements

 

Overall management of media and public relation matters. Coordination of the implementation of special projects as identified by the Prime Minister.

The post of Deputy Prime Minister is a conventional (i.e. it is not established under the Constitution or any written law). The Deputy again enjoys a high measure if confidence within the Cabinet and the party, and is available to take over the administration in the event of the absence or disability of the Prime Minister.

1.5.

PARLIAMENTARY DEMOCRACY IN MALAYSIA

1.5.1.

GENERAL ELECTION

Since 1957, Malaysia has retained the simple majority multi-party system whereby the political party which secures the majority of the Parliamentary seats (House of Representatives) or the State Legislative Assembly seats may form the Federal or State Government as the case may be. The polling system is the simple or FirstPast-The-Post. This implies that the candidate who secures a simple majority will be declared the winner in the constituency he contested. 1.5.1.1.

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Election Laws and Regulations


To facilitate the proper conduct of elections a number of laws and regulations have been enacted. The laws and regulations formulated are: (a) (b) (c) (d)

Federal Constitution States Constitution Election Commission Act 1957 Election Act, 1958 (Act 19)

(e) (f) (g) (h)

Election Offences Act, 1954 (Act 5) Elections (Conduct of Elections) Regulations, 1981 Elections (Registration of Electors) Regulations, 2002 Elections (Postal Voting) Regulations 2003

These laws and regulations are directly involved with the election process. There are also other relevant laws which are not directly involved in the election process but seen to have normal influence in the conduct of elections are (a) (b) (c) (d) (e)

Societies Act 1966 The Police Act 1967 Sedition Act 1970 Official Secrets Act 1972 The Internal Security Act 1960

1.5.1.2.

(f) (g) (h) (i)

Printing and Publications Act 1984 The Broadcasting and Communication Act 1988 Anti-Corruption Act 1997 Peaceful Assembly Act 2012

Election Commission

The Election Commission (EC) is an organisation tasked with the responsibility to: conduct elections, prepare and revise electoral polls and review of the electoral constituencies. The EC is established under Article 114 of the Federal Constitution of Malaysia. They are appointed by Yang DiPertuan Agong in consultation with the Conference of Rulers and will serve until the Age of 66.

1.5.1.3.

Important Elements in Elections

The important elements for the conduct of elections are:

Constituencies

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Electors/ Electoral Roll

Candidates

Election Process


1.5.1.3.1.

Constituencies

Constituency = a body of voters in a specified area who elect a representative to a legislative body. (a) Number of Constituencies

The election system practiced by Malaysia, stipulate that a candidate is elected to represent the residents of that constituency in Parliament (Federal Election) or the State Legislative Assembly (State Election). To date, there are 222 Parliamentary seats (Parliament) and 576 State Seats. (b) Delimitation of Constituencies As part of its main function, the Election Commission is responsible for reviewing the boundaries of Parliamentary and State Constituencies. As provided for under the Federal Constitution, the Election Commission is to undertake this review at intervals of not less than 8 years. The last delimitation exercise was completed in March 2003. 1.5.1.3.2. Electors/ Electoral Roll (a) Registration of Electors /Voters

An important element in the election system is that the elector has to register with the Election Commission before he can vote in an election. A person is entitled to register if he satisfies the following requirements:    

Is a Malaysian citizen; Is not less than 21 years of age on the qualifying date; Is resident in any election constituency in Malaysia; and Is not disqualified for any reasons given under the laws.

(b) Disqualification

An elector will be disqualified if he: 



 

On the qualifying date is detained as a person of unsound mind or is serving a sentence of imprisonment; or Before the qualifying date he has been convicted of an offence and sentenced to death or imprisonment for a term exceeding 12 months and is still liable on the qualifying date; or Found guilty and sentenced under the Election Offences Act, 1954; or Has acquired citizenship of another country.

(c) Revision of Electoral Roll

The revision of electoral roll is carried out throughout the year as required by law. You can register at the Election Commission’s Headquarters, State Election Offices, and Post Offices or through the Commission’s mobile teams. The revised electoral rolls are prepared every 3 months and they are displayed for 7 days for claims and objections. After considering the claims and objections through public enquiry, the electoral rolls for that year will be certified by the Commission. During the revision of the main roll, the names of electors who are dead and those that have been disqualified under the law will be expunged from the roll. Page

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1.5.1.3.3. Candidates (a) Qualification

In the Malaysian system of elections, a candidate contesting can either represent a party or stand as an independent candidate. He is qualified to be a candidate in any election if he:   

is a Malaysian citizen and a resident of the country; must not be less than 21 years of age on nomination dat; and must be a resident of the State if contesting state seat.

(b) Disqualification

A candidate will be disqualified for any of the following reasons: Has been found or declared to be of unsound mind; or Found to be an undischarged bankrupt; or     



Holding an “office of profit”; or

Failed to lodge any return of election expenses; or Has been convicted of an offence by a court of law in Malaysia and sentenced to imprisonment for a term not less than 1 year or to a fine of not less than Rm 2,000 and has not received a free pardon; or Has obtained citizenship of another country.

1.5.1.3.4.

Election Process

1.5.1.4.

Election Period

Elections to the House of Representatives and the State Legislative Assembly are, as stipulated by law, held once in 5 years unless any of the houses is dissolved earlier than the stipulated period. The general election will be held within a period of 60 days from the date of dissolution.

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By-elections will have to be held within the period of 60 days from the date of vacancy, caused either by the death, resignation or disqualification of a member of the House of Representatives or the State Legislative Assembly. On this aspect, the date of vacancy will be established by the Commission. Enforcement Unit will compromise the Enforcement Officer from the Election Commission, a representative from District Police Office, a representative from Local Government Authority and a representative from each party/candidate contesting. The Enforcement Officer is responsible to the Returning Officer and the duties of his Unit would include overseeing campaign materials, election speeches and public rallies and to ensure that the provisions of Elections Laws and Regulations are not breached. The Commission also sets up various committees at Federal/State/constituency levels to assist in the briefing of political parties, candidates, or their agents and workers on he Commission’s laws and regulations. Generally, the mode of campaign would involve the following activities by political parties and candidates: (a) (b) (c) (d)

Distribution of pamphlets, handbills, letters Posters Closed-door talks and meetings as well as public rallies House to house canvassing

Political parties would also make known their party manifestos. They may also use the electronic media if allowed by the owner. To display posters and banners, each candidate has to place a deposit of RM 5,000 for parliamentary elections and RM 3,000 for state elections. This deposit will be refunded if the candidate removed all posters, banners etc within 14 days after elections. For the peaceful conduct of elections, the police will issue separate guidelines during the campaign period. All forms of campaigns must end by 12.00 midnight before polling day. 1.5.1.5.

Polling Day

Polling day refers to the day electors cast their votes. Officially, this day starts after 12.00 midnight and ends after the announcement of the results. However, polling time is fixed from 8.00am to 5.00pm for Peninsular Malaysia, and may slight variation for Sabah and Sarawak. For remote areas, mobile teams are utilized to facilitate polling. For those area polling times may differ as stipulated by notices issued earlier. The Election Commission normally issues general notices informing the public of all important matters concerning the election which include the following matters: (a) (b) (c) (d)

The polling date Location of polling stations Time of polling at all the polling stations Places of counting and the tally center for each constituency

Voting is carried out in gazette polling stations. Each station will have a Presiding Officer who will supervise the whole process of voting and counting. He will be assisted by voting and counting clerks. 1.5.1.6.

Electoral Roll Checking Booth

The law does not allow a candidate to open or maintain an election booth at every polling center within his constituency. However, a party is allowed to establish an operation’s room not less than 50 meters from polling center. To facilitate voting the Election Commission will set up its Electoral Roll Checking Booth at all the polling centers. These booths are to assist the electors to check their names and polling streams. 1.5.1.7.

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Permission to Enter Polling Stations


Only electors whose names appear in the electoral roll of a particular polling station are allowed to enter to cast their vote. The elector’s Identity Card, issued by the National Registration Department, forms the basis of

identification to be presented at all the polling stations. No person can vote in more than one constituency. To ensure order and secrecy of the vote only the following officers are allowed to enter the polling station: (a) (b) (c) (d)

Members and officers of the Election Commission; The presiding officer and his election staff; Candidates and their election agents; Polling/counting agents.

1.5.1.8.

How to Vote

Voting is by secret ballot. An elector will cast his vote for one candidate only by marking the ballot paper with a sign “X” against the name of the candidate of his choice. After marking the ballot paper, the voter will fold appearing on the ballot paper and insert it in the ballot box provided. If two papers are marked for simultaneous elections (House of Representatives and State Legislative Assembly) each of the ballot papers will have to be marked, folded and inserted in separate boxes marked “PARLIMEN” and “NEGERI” respectively.

1.5.1.9.

Postal Voting

The postal votes are mailed, as early as possible, to all those entitled to vote by post. Postal voters normally comprise personnel from the Armed Forces, Police Field Force, election officials on duty including the police, government officers serving overseas, students studying overseas, and their spouse. Postal votes must must reach the Returning Officer by 5.00am on polling day. Proper procedures have been formulated to ensure the secrecy of the vote. 1.5.1.10.

Polling Agent

The law permits a candidate to appoint a polling agent for the purpose of safeguarding his interest at every polling station at any one time. The role of the agent is to ensure that the voting is conducted in accordance with all the procedures given in the relevant laws and regulations. 1.5.1.11.

Counting of Votes

Counting of votes is carried out by the Presiding Officer at the polling station or at a specified central counting center. Postal votes for each constituency are counted by the Returning Officer at the specified place. During the counting of votes, only the following authorized persons are allowed to be present: (a) (b) (c) (d)

Members and officers of the Election Commission; Officers appointed by the Election Commission; Counting clerks; and Candidates, their election agents and their counting agents.

The presence of the candidates’ agents is to ensure that the counting is carried out in accordance with th e

proper procedures as provided for by the relevant laws and regulations and to ensure that the counting is flawless and transparent. 1.5.1.12.

Official Tallying of Votes

After the completing of the counting of votes at the various polling stations and at any central counting center, a statement of the results of the poll will be forwarded to the Returning Officer at the tally centre. The Returning Officer will add all the votes, obtained by each candidate inclusive of postal votes, to determine the winner. The Returning Officer for the constituency will declare the candidate, who secures a majority, as the elected representative of the constituency. 1.5.1.13.

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Method of Challenging Election Results


Article 118 of the FederalConstitution clearly stipulates that “No election to the House Representatives or to the Legislative Assembly of a State shall be called in question except by an election petition presented to the High Court having jurisdiction where the election was held”.

1.5.1.14.

Election Petition

As stipulated under Section 32 of the Election Offences Act 1954, a petition may be filed on the following grounds: (a) Bribery, intimidation or any misconduct that may have affected the result of the election; (b) Non-compliance with Election Laws and Regulations; (c) Corrupt or illegal practice committed by the candidate or any of his agents; (d) The candidate or his agent is found to the disqualified for the election. The election petition may be presented to the High Court Judge within 21 days after publication of the results in the Gazette. If the Election Judge, after conducting a trial over an election petition, decided an election to be void, the Election Commission will give notice of a fresh election for the constituency concerned. 1.5.1.15.

Return of Election Expenses

A candidate is entitled to incur expenses in the conduct of the election but not in excess of: (a) RM 200,000 for House of Representatives (b) RM 100,000 for State Legislative Assembly The report on the return of election expenses should be forwarded to the State Election Officer within a period of 31 days after the date of publication of the election results in the Gazette. Failure to submit the statement of the account of elections expenses within the prescribed period a candidate or his agent will be guilty of an illegal practice as stipulated under the Election Offences Act, 1954. 1.5.1.16.

Storage and Disposal of Election Documents

Safe custody of the ballot papers and other documents constitute an important aspect of the electoral process. These documents are to be placed in a special box or boxes and securely sealed in the presence of the agents of the candidates immediately after the results are announced. Boxes which contain ballot papers are to be kept for a period of 6 months in the safe custody of the Returning Officer. The marked electoral rolls and the counterfoils of the ballot papers are kept in the safe custody of the State Director of Elections for the same period of time. The boxes are only to be opened under the order of a High Court Judge in cases relating to the election petition. After the period of 6 months, the Returning Officer, on obtaining permission from the Election Commission, will destroy the ballot papers and other documents. The Returning Officer will submit the certificate of disposal to the State Director of Elections. Within the context of the legal framework on elections, the election process in Malaysia may be considered free and fair. Elections had always been peaceful and results are unquestionably legitimate and acceptable to all.

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2.1.

INTRODUCTION

2.2.

DEFINITION OF THE CONSTITUTION

2.3.

HISTORY OF THE DRAFTING OF THE MALAYSIAN CONSTITUTION

2.3.1.

ROLE OF THE C ONSTITUTION

2.3.2.

FORMS OF THE CONSTITUTION

2.3.2.1.

WRITTEN CONSTITUTION

2.3.2.2. 2.4.

UNWRITTEN CONSTITUTION SUPREMACY OF THE C ONSTITUTION

2.4.1.

THE SUPREME LAW OF THE FEDERATION

2.4.2.

CONSTITUTION AS THE HIGHEST LAW OF THE LAND

2.4.3.

CONSTITUTIONAL AMENDMENTS

2.4.4.

FEDERAL AND STATE CONSTITUTIONS

2.4.4.1.

THE FEDERAL CONSTITUTION

2.4.4.2.

STATE CONSTITUTION

2.4.4.3.

AMENDMENT TO THE STATE CONSTITUTION

2.5.

MAIN PROVISIONS IN THE CONSTITUTION

2.5.1.

MALAY LANGUAGE

2.5.2.

SPECIAL STATUS OF THE MALAY KINGS

2.5.2.1.

MAIN FUNCTIONS OF THE COUNCIL OF RULERS

2.5.2.2. 2.5.2.3.

DISCRETIONARY POWERS MEMBERSHIP AND MEETING

2.5.3.

ISLAM AS THE FEDERAL RELIGION AND THE STATUS OF OTHER RELIGIOUS

2.5.4.

CITIZENSHIP

2.5.4.1.

CITIZENSHIP THROUGH MEANS OF LAW

2.5.4.2.

CITIZENSHIP THROUGH REGISTRATION

2.5.4.3.

CITIZENSHIP THROUGH NATURALIZATION

2.5.4.4.

CITIZENSHIP THROUGH REGIONAL AFFILIATION

2.5.4.5.

LOSING CITIZENSHIP

2.5.4.6.

PROCEDURE OF STRIPPING CITIZENSHIP

2.5.5.

SPECIAL RIGHTS OF MALAYS, BUMIPUTERA AND THE RIGHTS OF OTHER RACES

2.5.5.1.

PUBLIC SERVICES

2.5.5.2.

ECONOMY

2.5.5.3.

EDUCATION

2.5.6. 2.5.6.1.

BASIC INDIVIDUAL RIGHTS IN THE CONSTITUTION PERSONAL FREEDOM

2.6.

CONCLUSION

2.1.

INTRODUCTION

In brief, a constitution is a collection of guidelines and measures for regulating the administration of a country. It is a basic for making the laws for the ruling government to run the country in order justly and efficiently. This is also important for matters like citizenship, judiciary, finance, general election and distribution of power

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among the parties such as between the central and state governments to carry out. Indeed, the constitution contains a set of rules concerning rights, power, procedure and responsibilities. Meanwhile, the modern constitution was only introduced after Malaya’s independence in 1957 and was

improvised after the Federation of Malaya was formed in 1963.

2.2.

DEFINITION OF THE CONSTITUTION

In brief, a constitution is a collection of guidelines and principles for regulating the administration of a state or country. It is a basic for making the laws for the ruling government to run the country in order justly and efficiently. The Constitution also important related to matters like citizenship, judiciary, finance, general election and distribution of power among the parties such as between the central and state governments to carry out. The Constitution roles as the highest source of laws in a country to ordinance the governance of a country. It also seeks to provide assurance and security to the people.

2.3.

HISTORY OF THE DRAFTING OF THE MALAYSIAN CONSTITUTION

The constitution of Malaysia was first introduced as Constitution of the Federation of Malaya on Merdeka Day or known as The Independence Day. Subsequently, it was changed to Constitution of Malaya on 16th September 1963. During the period of time, the formation of the Malaysian Constitution has undergone a long process started in the 19th century by the British colonials. They colonized four states which were Perak, Selangor, Negeri Sembilan and Pahang. (Pahang also known as the Federated Malay States). During the Second World War in 1942-45, Japan attacked and occupied Malaya before the British returned in 1946 and introduced a new form of government known as Malayan Union in April 1946. This new system of governance was strongly opposed by the Malays. Later, a new agreement named the 1948 Federal Agreement would comprise a British High Commissioner, an Executive Council and a Federal Legislative Council was formed. This Legislative Council had both official members and several non-official members appointed by the British High Commissioner. From this agreement, a new Constitution for Malaya was born, taking effect from 1 February 1948 and known as the 1948 Federal Constitution of Malaya. In 1955 election, the Alliance Party won by majority and automatically appointed as the ruling government, demanded that the British organize a Constitutional Council which took place in London. A liberated commission was proposed and set up to formulate a constitution for the Federation of Malaya as the first step towards independence. The Federal Constitution of Malaya Commission was established and chaired by Lord Reid (England), Sir Ivor Jennings (UK), Sir William Makell (Australia), B. Malik (India) and Judge Abdul Hamid (Pakistan) to avoid the problem of biasness. In October 1956, the Reid Commission held a referendum and succeeded in obtaining 131 suggestions from the Malayan citizens. As a whole, the basis of the formation of the Federal Constitution of Malaya as the Reid Commission adopted the suggestions from the Alliance Party. Thus, the Federal Constitution of Malaya was formed on 31 August 1957 and became an independence country. This 1957 Federal Constitution of Malaya was enforced until today with several amendments was made. For example, the Malaysia Act passed in 1963 to amend Article 1(1) and (2) for the merger with Sabah, Sarawak and Singapore, which its name was then changed to Federation of Malaysia.

2.3.1.

ROLE OF THE CONSTITUTION

In general, the existence of a constitution is playing a main role for a country to keep the stability of a nation and it relevant as time passes. Below are several functions of the constitution’s roles.

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(i)

(ii)

(iii) (iv) (v)

Creating a fair government. For example, as stated in Part 1, Article 3(1), although the Constitution had allocated Islam as the religion of the Federation or official religion of the country, other religions are still free to be practiced in Malaysia. Prevent abuse of power and restricts the movements for both government and public . This situation will indirectly create distribution of power and prevent power domination by any party. As outlined in the Constitution, although the special allocations for the YDPA as well as Sultans/Kings/State Governors has certain powers, actions are still subject to the Constitution. A tool for resolution of problems . The Constitution served as the highest set of laws of the country and prime source of reference in the formulation of Federal and State legislations. The continuity of a nation to be guaranteed . The Constitution preserves the identity of the Malaysian nation as well as the implementation of the country’s administration and legislative processes. Ensure national stability. The Constitution succeeded in gaining peace and solidity for the country as well as a certain freedoms and privileges for every Malaysian.

2.3.2.

FORMS OF THE CONSTITUTION

Generally, the Constitution is divided into two types, which are the written constitution and unwritten constitution.

2.3.2.1. Written Constitution A form of compiled constitution and arranged in a document. It has THREE main characteristics:

(i)

Protected and difficult to be amended . Document cannot be modify or edit unless there is an allocation in the Constitution which allows it to be done.

(ii)

The authority of the Parliament. The Parliament has the power to enact the law towards Articles contained in the Constitution except the fundamental freedom.

(iii)

The authority of the Court . The Court has the supremacy to define the laws and protect the Constitution.

2.3.2.2. Unwritten Constitution All principles of the constitution that are not collected in a document remained under unwritten constitution. As for example, the Parliamentary Acts and court rulings.

Hence, Malaysia practices a written Constitution system meaning a Parliament empowered by the Constitution.

2.4.

SUPREMACY OF THE CONSTITUTION

Supremacy of the Constitution is among the principles stated in our Rukun Negara. This supremacy can be divided into several perspectives. The highest order is called the Constitution, followed by Constitution amendments and finally the relationship between State Constitutions and the Federal Constitution.

2.4.1.

THE SUPREME LAW OF THE FEDERATION

Under the Malaysian Federal Constitution, it states the following: (a)

Constitution is the highest law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall or to the extent of the inconsistency, be invalid.

(b)

The validity of the law imposes restrictions on the right stated in Article 9(2) but does not relate to the matters mentioned; or it imposes limitations as are mentioned in Article 10(2) but those were not deemed necessary or expedient by the Parliament.

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(c)

The validity if any law made by Parliament or the Legislature of any State shall not be questioned that it makes provision with respect to any matter, or as the case may be, the Legislature of the State has no power to make laws, except in proceedings for a declaration that the law is invalid.

(d)

Proceedings for a declaration that a law is invalid mentioned in Clause (3) (not being proceedings falling within paragraph (a) or (b) of the Clause) shall not be commenced without the leave of a judge of the Supreme Court; and the Federation shall be allowed to be a party to any such proceedings, and so shall any State that would or might be a party to proceedings brought for the same purpose under paragraph (a) or (b) of the Clause.

2.4.2.

CONSTITUTION AS THE HIGHEST LAW OF T HE LAND

The Constitution is the highest power in Malaysia since independence until today. Thus, Malaysia is a federation with a written constitution. Allocation Parliament

Constitution

YDPA’s position

Legislative powers

Fundamental rights

2.4.3.

Details Gains authority from the Constitutions which defines the legislative power of the Federal government in one part and to every state. The Constitution decides on the matters doable by the Federal government, as well as the states. Enable the Parliament or the State Legislative Assembly to enact laws on the issues. As for instance, those related matters to education, defence, foreign affairs, etc. The Federal Laws will be declared void if they coincide with the Malaysia Federal Constitution, quoting Article 4(1) of the Federal Constitution. His Majesty a s the Head of State, the epitome of the people’s faith and loyalty, the symbol of the country, the Head of Rulers ,etc. He confined to limitations imposed by the Constitution. He is the constitutional king and acting upon the council from the Board of Ministers. Established by various legislative bodies and confined to the limits and judiciary

power set by the constitution. The power of the Yang di-Pertuan Agong as head of all three branches of the government (administration, judiciary, legislation) are entitled to the circumventions decided by the Constitution. Serves as a fundamental element in a country practicing the system of parliamentary democracy. The government cannot evict a citizen, cannot prevent a citizen from returning to their home country, cannot force imprison anyone to become a forced laborer and cannot imprison anyone other than due to the laws. Hence, there are various matters in the Constitution that must be obeyed by the government.

CONSTITUTIONAL AMENDMENTS

Since 1957 to the end of 1982, the Federal Constitution of Malaysia had been amended approximately 22 times. According to Article 159 and Article 161 (E), the Constitution can be amended easily by Parliament which elaborates a few amendable matters as stated below. Article Article 159 (4)

Article 161 (E)

Details Matters can be amended with a two-thirds entire majority in each House of Parliament and these amendments do not require the consent of anybody outside the House of Parliament. Matters related to Sabah and Sarawak can be amended by a two-thirds entire majority in each House of Parliament but only if the Governors of these states agree.

AMENDMENTS MADE TO THE CONSTITUTION Item Details Separation of This amendment was done with two-thirds of the House of Representatives Singapore supporting the separation of any Malaysian territory which necessitates the

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approval from the Councils of Rulers. Thus, in September 1963, Singapore was excluded from the Federation of Malaysia. On gender The Article 8(2) of the Constitution had been amended to include the word ‘gender’ whereby there will be no laws or policies that discriminate women. This amendment ensures to stop the gender inequality and discrimination. Immunity of the This amendment was done due to the exemption of these royalties from the Kings action of the laws no longer suitable. This can avoided the anger towards the king or the regal system and the people will be protected from being oppressed by the king. Position of the Yang (i) His majesty must terminate his function as the Agong if found guilty and is di-Pertuan Agong or sentenced to jail for more than a day. He will not be allowed the throne unless he the status of a king is forgiven. (ii) During the termination of the King, a Deputy King or a Council of Regency will be appointed to carry out the duties of a king for the particular state. The adaptability and a proper amendment is necessary to avoid a negative perception by the populace towards the royal institution. (iii) The State Constitution must contain allocations set in the Eighth Table of the Federal Constitutions and be in harmony with the Federal Constitution. Water Supply This amendment allowed the Federal government to supervise the management Management of water supply at the state level except in Sabah and Sarawak to be more efficient and effective. Rape cases

Laws concerning rape were amended to reinforce their effectiveness and enhance the sense of justice for the victims. For example, amendment raising the age level for statutory rape from 14 to 16 years old, imposing a mandatory minimum of prison sentence and adding maximum imprisonment period for outrage of modesty offences from 2 to 10 years.

CONSTITUTIONAL AMENDMENT PROCESS

The bill or proposed amendment is debated in both Houses of Parliament First Reading Second Reading Committee Stage

Third Reading - conditional on obtaining absolute majority of 2/3 of the total number of members of House of Representativese and Senate YDPA grants consent 2.4.4.

FEDERAL AND STATE CONSTITUTIONS

There are two types of crucial bodies that govern the country, which are the Federal government and the State government. Both bodies are instrumental in determining the development of the country.

2.4.4.1.

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The Federal Constitution


The Federal Constitution of Malaysia consists of 183 Articles which emphasizes on various aspects of governance such as basic freedom, the power and status of the YDPA, privileges of the Malay rulers and the rights of Malays, religion, citizenship, judiciary and etc. The Constitution has specific attributes that makes it the country’s law that guarantees peace and well -being

for the people. Such attributes are: (i)

Malaysia symbolism

(ii)

Has a Constitutional Monarchy

(iii)

Practices parliamentary demoncracy

(iv) (v)

Islam is the official religion but other religions may be practiced freely The separation of power in government administration

The table shown the brief contents and certain specialised domains of the Federal Constitution. List Federal

Shared

State

Matters Issues related to foreign affairs, defence, internal security, criminal and civil laws, citizenship, etc. Enable the state legislative body to enact laws as long as they do not conflict with the Federal laws. For example, the wildlife protection, study grants, children protection, town and rural planning, public health, etc. Entails matters handed to the state like the Shariah laws, individual and family Muslim laws, state holidays, state government machinery, etc.

2.4.4.2. State Constitution The allocation of power of the states is termed as a necessity. Articles 71 of the Constitution allocates that each state’s constitution must have the particular allocation.

There are two main allocations under the Eighth Schedule, which are PART I – Fixed allocations and financial allocations and PART II – Temporary allocations. Most Malay states have fixed allocations which have: (i)

A King or State Governor

(ii)

State Government Meeting Council

(iii)

State Legislative Authority

(iv)

State Legislative Assembly

The Constitution also clarifies the relationship between the Federal government and the State government. Total of 7 chapters outlining this relationship:

Page

(i)

Division of legislative power

(ii)

Division of ruling power

(iii)

Division of financial burden

(iv)

Land

(v)

National development

(vi)

Distribution of Federal government to the State

(vii)

National Council for the local government

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2.4.4.3. Amendment To The State Constitution Allocations of the State Constitution may be amended through state laws but not by any other way. As for example, the succession of the royal throne as well as the status of Malay officials cannot be amended by the State Legislative Body.

Amendment arising from a law that provides for the number of members to be appointed to the state legislative body in line with any necessary allocation which stated in the Eight Schedule of the Federal Constitution of Malaysia (if made after the State Legislative Assembly is elected according to Section 4). The draft of law is only approved at the second reading and the third reading and has gained votes as much as two-thirds from the total numbers of members by the State Legislative Assembly. Nonetheless, it is stated in paragraph (a) and (b) they do not need the extra two-thirds votes. Some State Constitution require approval from certain groups of people towards amendments concerning: (a)

The appointment and characteristics of the heir of the throne, the queen or the deputy king or the members of the Council of Acting Rulers.

(b)

Dismissal, quitting, throne resignation or the heirs.

(c)

The appointment and characteristics of the ruling dignitaries or the Malay customs and members of the Advisory Council regarding religion or custom and bodies.

(d)

Matters for holding, arranging, validating and dismissing the position, title, nobility, grandness and the grants of the Malay customs and making orders on the royal palace and the hall.

The Parliament may also amend a State Constitution temporarily on the grounds that the state is in the state of emergency.

2.5.

MAIN PROVISIONS IN THE CONSTITUTION Main Provisions of the Constitution

Malay Language

2.5.1.

Special Status of the Malay Kings

Religiono fIslam

Citizenship

BasicRights

MALAY LANGUAGE

Since 15th century, Bahasa Melayu took its place as thelingua franca through the progress made by the Melaka Malay Sultanate. It was the main language used by traders coming from all over the world. The use of language began to diminish as English was more prioritized in both administration and education during the British occupation. However, the status of the Malay language was re-examined when the Federal Constitution of Malaya was first formed. The allocation of the Malay language was to be made the national language until today due to Malaya could not make use of English as the official language and unite its people. In Article 152 of the Constitution, it also stated that the positioning of the Malay language must be used for official purposes (public authority). Under the 1948 Sedition Act as allocated in the Emergency Ordinance Number 45, 1970, ‘If there are parties who take advantages of language issues, (say, a politician demanding to

make Chinese/Tamil language as a way to gain votes) in public, he or she can be accused of committing an offence. Besides, there are also temporary provisions towards the use of Bahasa Melayu. English is allowed to be used in both Parliamentary Assemblies, the State Legislative Assembly and other official purposes. Thus, all laws to

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be amended in any Parliamentary Council, for all Parliamentary Acts and mini legislation issued by the Federal Government and all the trials in the Federal or High Courts is allowed to use English language. After 10 years, the Parliament dropped these temporary provisions through the 1967 National Language Act. However, this Act is no longer used by Sabah and Sarawak. It was soon revised from the 1963 National Language Act to the 1963/67 National Language Act.

2.5.2.

SPECIAL STATUS OF THE MALAY KINGS

The Council of Rulers was first established for the Federated Malay States on 1 July 1896 to discuss a collective affairs and needs with the English administrators. The First Meeting or better known as the Durbar Meeting was held on 13-17 July 1897 at the National Palace, Bukit Chandan, Kuala Kangsar, Perak. Those Malay rulers in attendance were: (i)

DYMM Sultan Idris Murshidul Adazam Shah (Perak),

(ii)

DYMM Sultan Abdul Samad (Selangor),

(iii)

DYMM Tuanku Muhammad (Negeri Sembilan),

(iv)

DYMM Sultan Ahmad (Pahang)

Meanwhile, the English representatives of the Straits Governor were: (i)

Sir Charles Mitchell (the High Commission of the Federated Malay States),

(ii)

Sir Frank Swettenham (the chairman and the Resident General of the Federated Malay States),

(iii)

Hugh Clifford (the English Resident in Pahang),

(iv)

J.P.Rodgers (the English Resident in Selangor),

(v)

W.H.Treacher (the English Resident in Perak)

The establishment of Federal Malaya in 1948 had increased the membership with the inclusion of nonFederated Malay States, namely the states of Johor, Kedah, Perlis, Kelantan and Terengganu. Its name was changed to the Council of Rulers after its independence with Melaka and Penang joined in. Later, the states of Sabah and Sarawak become members when Malaysia was founded in 1963. The first Council of Rulers meeting after the independence was held on 30 and 31 October 1957 which was chaired by DYMM Sultan Syed Putra Ibni Amlarhum Syed Hassan Jamalullail, the King of Perlis. The Council of Rulers is an official body founded succeeding the Article 38 of the Constitution, which served as a platform for the Kings and the State Governors to meet up and discuss. The Constitution also allocated the government to get advice from the Council of Rulers, matters pertaining to the selection and appointment of the Yang di-Pertuan Agong. Furthermore, the council also the highest authority in matters pertaining to Islam in Malaysia. It is joined by nine Malay Kings and four State Governors in Malaysia. Under the regulations, only the DYMM and the Kings are rendered qualified to chair the meeting and turns existing determined by the Council. Other than that, the Head of the Ministers or the Chief Minister acts as advisor to the DYMM of Kings and the TYT of the respective State Governors. While, the Yang di-Pertuan Agong will only be present on the second day, accompanied by the Prime Minister as his advisor.

2.5.2.1.

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Main Functions Of The Council Of Rulers


According to the Fifth Schedule of the Constitutions, the functions and duties of the Council of Rulers are as follows: (i)

Selecting the Yang di-Pertuan Agong and the Deputy Yang di-Pertuan Agong for the Federal based on the provisions of the Third Table.

(ii)

Approve or disapprove any actions, practices or religious ceremonies across the Federation.

(iii)

Approve or disapprove any laws and also provide advice regarding any appointment which according to the Constitution requires the agreement of the Council of Rulers or required to be done by or after discussions with the Council.

(iv)

Member appointment of the Special Court under Clause (1) Article 182.

(v)

Grant pardon, reprieve, respite or remittance and suspend or lighten sentences as per Clause (12) Article 42, and may deliberate on matters concerning national policies (immigration policies) and any other changes deemed necessary.

The Council of Rulers deliberates on matters regarding the policies of the country, whereby the Yang di-Pertuan Agong must be joined by the Prime Minister and other Kings. The State Governors are joined by their chief ministers or the head of the ministers.

2.5.2.2. Discretionary Powers Under the Article 38(6) of the Constitution, it can act on their discretionary powers to:

(i)

Select or dismiss the Yang di-Pertuan Agong from his position or select or dismiss the Deputy of the Yang di-Pertuan Agong.

(ii)

Provide advice on any appointment.

(iii)

Approve or otherwise, any laws which may alter the border of any state or the ones broaching the issues of privileges, status, dignity or the nobility of Kings.

(iv)

Agree or otherwise so that any action, practice or religious ceremony are broadened to the entire Federal.

(v)

Appoint the member of the Special Court under Clause (10) Article 182.

(vi)

Grant forgiveness, reprieval and respite or remittance, suspension or remission, under Clause (12) Article 42.

2.5.2.3. Membership And Meeting Attendance is extremely important for members of the Council of Rulers. A representative must be appointed if the member absent with unavoidable reasons which is stated by the provision of the State Laws/Body for

that particular state. Meanwhile, the State Governor cannot be a member of the Council concerning the selection of the Yang diPertuan Agong and the Deputy. The Yang di-Pertuan Agong is not a member of the Council of Rulers. His Majesty comes to attend the meeting on the second day as the Head of Malaysia and is accompanied by the Prime Minister (His Majesty’s advisor).

Every meeting is chaired by each of the nine members of the Malay rulers in turn. The meeting is normally held every thrice a year, but the Keeper of the Royal Seal of the Kings must call upon the meeting when requested to do so by the Yang di-Pertuan Agong, or not less than three members of the Council.

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2.5.3.

ISLAM AS THE FEDERAL RELIGION AND THE STATUS OF OTHER RELIGIOUS

Since 13th century, Islam has found its place in Malaysia through the discovery of the Terengganu Stone Inscription dated 1292 AD and during the time of the Melaka Malay Sultanate in the 15 th century. Although Malaya was conquered by the British from 1874 until its independence, the development of Islam continued to expand. Article 3(1) of the Constitution allocated that Islam is the religion for the Federal, but the Constitution also allows the freedom to all individuals to practice their own religions peacefully and harmoniously. The King or Sultan acts as the Head of Islam in his state. Meanwhile, the Yang di-Pertuan Agong acts as the Head of Islam only in his state. (Melaka, Penang, the Federal Territory, Sabah and Sarawak). The Council of Rulers also acts as the Head of Islam in their own states, whereby they perform collaborative on collective agreement in determining matters regarding Islam in the Federal. Under Article 3(2) of the Constitution, the Council of Rulers will agree and the Yang di-Pertuan Agong will act to represent the Kings. Besides, Islam also used to coordinate the administration of the Islamic affairs at the Federal level, a National Council of Islamic Affairs was established by the Council of Rulers. The chairperson is normally the Prime Minister, a representative from each state of the Peninsula (appointed by the King), for Penang and Melaka representative (appointed by the Yang di-Pertuan Agong), Sabah and Sarawak by the State Governor. The role of the National Council is to advice the Council of Rulers, state governments and the State Religious Council on matters relating to Shariah law, Islamic education and standardize Islamic Shariah laws and administration. Article 12 of the Constitution grants the authority to the Federal to prepare laws to allocate financial aid for the establishment of the Islamic Foundation or to finance the Islamic subject to Muslims. Except for Sabah and Sarawak having received the permission from the State Governor. Matters under State Legislation Authority regarding Islam: (i)

Syariah laws and laws of self and family

(ii)

Malay customs

(iii)

Reserves

(iv)

Tithe

(v)

Alms

(vi)

Baitulmal

(vii)

Mosque

(viii)

Imposing punishment for offences committed by Muslims towards the disciples of Islam

(ix)

The Shariah Court

(x)

Managing the intention and belief among the Muslims

2.5.4.

CITIZENSHIP

Generally, citizenship means by the loyalty given to a region, town, state or country and the willingness to accept all duties and responsibilities. In addition, the individual has a certain duties to perform, defending the country from enemy threats developing the country, caring and protecting their rights. The allocation for acquiring citizenship are stated in Part 3, Article 14 to 22 of the Constitution. Meanwhile, Article 23 to 28 of the Constitution listed the criteria related to the loss of citizenship.

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2.5.4.1. Citizenship Through Means Of Law Individuals born before Malaysia Day and who become citizens of the Federation automatically. Situation Terms of Eligibility 1957 citizen of the federation Obtaining citizenship through registration or naturalization Born between 31 August 1957 and Parents are citizens or permanent residents October 1962 Born outside the federation on or after The father is a citizen or works with the federal government. independence The birth is registered with the Federal Consul Office.

Individuals born on or after Malaysia Day and become the citizens on the provisions of the qualification. Situation Born in Malaysia Born outside of Malaysia

Terms of Eligibility Either parent is a citizen or permanent resident The Father is a citizen or serves in the government. Within a year after his or her birth, the birth must be registered at the Federal Consul Office.

2.5.4.2. Citizenship Through Registration Situation Terms of Eligibility Wife and child are citizens Still married to a citizen starting October 1962 Residing in the Federal for two years before application and intending to continuously reside in the Federal In good behavior Aged less than 21 years old Registered by parents or caretakers if either one are citizens Born before October 1962 Aged 18 years or more and Able to prove residency in the Federal for 5-7 years before  

   

born in the Federal before Independence Day

  

Aged 18 years old and living in Sabah or Sarawak on Malaysia Day

 

application Have intention to be permanent resident in the Federal Have simple knowledge ofBahasa Melayu In good behavior Residing in the Federal before Malaysia Day After Malaysia Day, residing in the Federal for 7-10 years before application

2.5.4.3. Citizenship Through Naturalization Situation Terms and Regulation Individual or foreign citizens Stayed in the Federation of Malaysia 10 out of 12 years before the aged 21 years and above date of application Intends to be a permanent resident in the Federation of Malaysia In good behavior Knowledgeable in Bahasa Melayu 

  

2.5.4.4. Citizenship Through Regional Affiliation Citizenship of Singapore, Sabah and Sarawak obtain citizenship when all three territories became part of the Federation of Malaysia on 16 September 1963. 2.5.4.5. Losing Citizenship A citizenship of a resident may lose in two ways:

(a)

Rejecting the citizenship

(b)

The government strips the citizen of his citizenship for the following reasons: (i)

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An individual has become a foreign citizen MPU2113 Malaysian Studies

(ii)

Disloyalty proven through his or her speech or action

(iii)

Betrayed the government during the way by trading or contracting and dealing with enemies of the country

(iv)

Acquired the citizenship by means of registration has been imprisoned not more than 12 months or fined not less than RM5,000 without forgiveness for the offence committed

(v)

Residing in a foreign country for more than 5 years continuously without registering at the Federal Consul Office

2.5.4.6.

Procedure Of Stripping Citizenship

The individual whose citizenship is being revoked is informed in writing

The individual refers his or her case to an investigation committee

The government, via the investigation committee's report , decides whether the individual's citizenship should be stripped or not 2.5.5.

SPECIAL RIGHTS OF MALAYS, BUMIPUTERA AND THE RIGHTS OF OTHER RACES

In Article 160(2) of the Federal Constitution, Malay defines as: (a)

Someone whose religion is Islam

(b)

Speaks the Malay language

(c)

Practices Malay customs

(d)

Born before Independence Day whether in the federation or in Singapore, or resided in either place on the day of independence

In Sabah and Sarawak, Bumiputera are categorized as receiving special privileges as those received by the Malays in Malaya. Among the matters included in the privileges of Malays as Bumiputera are: (a)

Public Services

(b)

Economy

(c)

Education

2.5.5.1. Public Services During Malaya was under British colonization, lower level positions in administration were held by other races especially Indians and Sri Lankans who speak English. Meanwhile, higher position were held by the British officers.

Article 153 of the Constitution also provide the obligations of the Yang di-Pertuan Agong on the counsel of the Council of Ministers in deciding on the reservation for the Malays, the Sabah and Sarawak Bumiputeras. 2.5.5.2.

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Economy


During the British colonization until Independence Day, Malays are still less involved in trade and business. Business was mostly dominated by foreign races. Later, the government introduced the New Economic Policy in the 1970s (1971-1990) in the hopes that Malays would comprise at least 30 per cent of the country’s trading and industrial activities. In order to determine the rate of reservation to Malays, the Yang di-Pertuan Agong must issue an order to the authority responsible to issue the permit or license for business and commercial dealings. 2.5.5.3. Education Majority of the Malays were not educated whether at primary, secondary school or tertiary level. Most of them were illiterate or at most limited to reading, counting and writing only.

Under Clause 2 Article 153 of the Constitution, the Yang di-Pertuan Agong is responsible to protect the special position of the Malays and Sabah and Sarawak Bumiputera by declaring reservation granted to them like study grants, aid and educational specialties and other facilities which made ready by the Federal Government.

2.5.6.

BASIC INDIVIDUAL RIGHTS IN THE CONSTITUTION

Individual rights and freedom are important to have free movement, to obtain education, to speak out, to obtain property and others. Under Section 2 of the Malaysia Human Rights Commission Act (Act 597), Malaysia’s stance are based on the

principles shown below. 1 2 3 4 5 6 7 8

Full commitment on basic principles of the International Bill on Human Rights and other agencies of basic human rights. The implementation must take into consideration of local values. Human rights are universal by nature, inseparable, interdependent and interconnected with one another. Holding firmly the objective principles, which are unbiased and non-selective. Refusing any principles which politicizes and exercises unfairness towards human rights. Rejecting the adoption of the human rights as conditions for any financial and development aids or as steps taken to expand business. Respecting and obeying fully, the dignity of the country and the sustainability of the region and not intervening in state affairs in a country. Supporting the rights for development as universal rights and significance to complete the basis of human rights. Malaysia was appointed as a member of the commission by the Economic and Social Council of the United Nations in between 1993-1995.

The Federal Constitution guarantees basic rights. Article 5 6 7 8 9 10 11 12 13

Matters Right to life and personal freedom Slavery and forced labor are forbidden Protection from criminal law Right to equality before the law Prohibition of exile and freedom of movement Freedom to voice, gather and be in associations Freedom to religion Matters regarding education Right to own property

2.5.6.1. Personal Freedom Under Clause 1, Article 5 of the Constitution, no one’s life can be taken away and self -freedom removed other than if the laws dictate them to.

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Clause 2 stated if a complaint is filed to the High Court or to any judge about someone who has been detained due to his or her offenses, the court must investigate beforehand, unless it is satisfied that the detainment was valid. Clause 3 specified that if one is detained, he or she must be informed of the reasons for the detainment as soon as possible and allowed to defend themselves by a lawyer they appointed. Personal Freedom

Freedom to Freedom from slavery and forced labor

Equality before the law

Prohibition of exile and freedom of movement

voice, gather and be in associations

Freedom of religion

Equality in education

Right to own property

Slavery and forced labor

Under Clause 6 of the Constitution stated that no one can be detained as a slave or a forced laborer. But the Federal laws may make an allocation to initiate a conscription service for the country. This clause also specifies that work relates to jail sentence is not counted as forced labor. In Article 7, it provides protection from criminal laws that took effect retrospectively and from repeat trials. Nobody can be punished or heavier punishment for an action not regarded as an offence to the law at the time the action was committed. Clause 2 provides that a person who has been released or connected with an offence cannot go on trial once commit the same offence, unless the charge or release is made void and retrial. Equality before the law

Clause 2 allocates a citizen cannot be differentiated on religion, race, generation, or place of birth. Everyone has rights in any position or under the local authority and statutory in the fields of business, trade, professional work and etc. Prohibition of exile and freedom of movement

Under Article 9 of the Constitution, nobody can be sent into exile or detained from entering the Federation. A citizen has right to speak freely and produce their thoughts. Nevertheless, it is dictated to the law of immigration related to Sabah and Sarawak. This also relates to the security of the Federation, such as public security, public health and sentence imposed to the offenders. Freedom to voice, gather and be in associations

Under Article 10 of the Constitution, citizen has freedom to speak, gather and set up associations. However, the Parliament can imposed necessary restrictions to preserve the security of the Federation and protecting the specialties and insults towards the Parliamentary Council and the State Legislative Assembly. The amendment and generating the 1971 Constitution (Amendment) Act, Act 30 was effectively took place on 10 March 1971, which makes it a sedition or crime for questioning sensitive issues. Freedom of religion

The Federal Constitution has provided Islam as the official religion of the Federation but every citizen is entitled to practice their religion freely through Article 11.

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Individual has right to spread his or her religion, but the state law and the Federation may control or impede the growth of any intention or belief of religion among Muslim followers. Nonetheless, the freedom is given to missionaries work among non-Muslims. In Sabah and Sarawak, the State Law intending to restrict any religion, intention and belief among Muslims requires the vote as much as two-thirds of the State Legislative Assembly members. Every religious group is entitled to: (a)

Handle their own religious affairs

(b)

Set up and maintain foundations for the purpose of religion and donations

(c)

Acquire and own properties and administer following the dictation of laws

Equality in education

Under Article 12 of the Constitution, there has been no difference towards citizen to obtain education due to religion, race, generation and place of birth. (a) In the administration of any educational foundation, maintained by a public local authority about students’ enrolment or student fees.

(b) In Article 153, financial allocations and aid from the public local authority to bear and finance students in any student foundations. Every religious group has freedom to establish and maintain foundations for children’s education or regarding the religion of that group. However, in the Federal and the State laws, a special financial aid can be initiated to maintain the Islamic Foundation or teaching Islam to followers. Any teaching on any religion or to take part in any religious ceremony or prayers other than their own religion is not acceptable. Right to own property Under Article 13 of the Constitution, no one’s asset can be removed except by the order of law. The laws cannot

be used to take or use properties by force without sufficient compensation.

2.6.

CONCLUSION

The presence of the Constitution as the foundation of law in the formation of the discipline for the administration of a country. Through the setting up of Constitution, it has succeeded in administering the country, generating peace and keeping stability of the country. Hence, the Constitution is the backbone to the harmony and prosperity of the races in Malaysia. It not only serves as a platform for the formation of parliamentary democracy but also based on the agreement of all the races in Malaysia. Through this set of written laws, every citizen, be it the ruling group are entitled to their own rights and able to obtain the supposed defense.

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3.4.

ETHNIC COMPOSITION OF THE MALAYSIAN POPULATION

3.4.1.

INTRODUCTION

3.4.2.

MAIN INHABITANTS OF MALAYSIA

3.4.3.

INDIGENOUS POPULATION OF SABAH AND SARAWAK

3.4.4.

CULTURAL

3.5.

UNITY AND NATIONAL INTEGRATION

3.5.1.

ETHNIC RELATIONS IN MALAYSIA

3.6.

RUKUN NEGERA: THE NATIONAL IDEOLOGY

3.6.1.


3.1.

ETHNIC COMPOSITION OF THE MALAYSIAN POPULATION

3.1.1.

INTRODUCTION

Malaysia is inhabited by population of many races and variety. The diversity can be observed from the ethnic point of view. This difference in ethnicity is paralleled by other differences such as the way of life, language, politics, economy, place of residence and social contacts. Historically speaking, Malaysia especially Peninsula Malaysia, was srcinally inhabited by Malays (also the earliest people to inhabit the Malay Archipelago region). They were the ones who developed the culture of the countries in the region. Besides the Malays, there were also other early inhabitants, both in the Peninsula and in Sabah and Sarawak. Therefore, the early inhabitant of this country, classified as Bumiputeras (son of the soil) were already diversified. The variety was further enhanced with the arrival of other people, specified from China and India, who had different backgrounds from that of the Bumiputeras. These Chinese and Indians were categorized and non-Bumiputeras. It is this diversity of people that forms the pattern of the country today. But there are some who consider this as a source of strength and not a source of disintegration in the building of a successful and flourishing nation. This underlines the uniqueness of the country – diversity in unity. This unique characteristic is recognized by the world over.

3.1.2.

MAIN INHABITANTS OF MALAYSIA

The population composition of Malaysia can be analyzed by looking at the ethnic groups in the Peninsula, Sabah and Sarawak. Table 1.1 below gives a breakdown of the composition. To information in Table 1.1 shows the population diversity in this country. Malays, Chinese and Indians have each their own sub-ethnic groups. The Malay ethnic group itself can be differentiated according to the states, which is, differentiated through language, dialects and cultural elements. Peninsular Malaysia Sabah Sarawak Malay          

Chinese

Banjar Boyan Bugis

  

Jawa Kampar Kerinci Mendaling Minangkabau Rawa Johor-Riau

Hokkien Chuan Chew Chin Chew

Indian   









Eng Eng Hua Choon Hok Chew Kwantung Kanton Teochew Hakka Hailam 

 

Malayali Punjabi Ceylonese Tamil Telegu

Indigenous   

Negrito Senoi Melayu Asli (Each of the sticks consists of tribal community)

     

 

Bajau Dusun Murut

  

Bisaya Kadayun Orang Sungai Orang Laut Brunei

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    









Table 3.1 Composition of the Malaysian Communities and Tribal Communities 3.1.2.1.





Bidayuh Bisaya Iban Kayan Kedayan Kelabit Kenyah Melanau Mlays Murut Penan Punan

The Malays


The Malays form the largest grouping in the country and are categorized as “Bumiputera” along with other

indigenous people. The Malays people regards themselves as the early indigenous population of Peninsula Malaysia, and this is also the assumption of the non-Malays. In practice, the Malays believe that they have a “special position” whereby they expect to receive special treatment as provided for in article 153 of the Constitution (needs a responsible government to protect the Malay’s “special position” and the welfare of the other communities)

as a right and not privilege. The special position of the Malays was also recognized in the 1948 Federation of Malaya Treaty. The principle underlying the special position is historical and economic justification. History of the Malays in Malaya

Most of the Malays people It inisPeninsula were thetheir descendants of peopleMalaya who srcinated from the Indonesian Archipelago. importantMalaya to beartoday the mind that arrival in Peninsula during that period (before colonialism) was normal migration from one Malay area to another. Before the colonialists arrived, the people in the Malay Archipelago area moved freely from one area to another because these areas belonged to them. It was only after the 1842 Anglo-Dutch Treaty that the area was divided into what is today Indonesia and Malaysia. History shows that the migration of people from Indonesian Archipelago into Malaya started at the latest from the nineteenth century. Among the many Indonesians who migrated to Malaya were the Minangkabau, Javanese, Banjar, Bugis and Boyan. Many Minangkabau people from Sumatra came to Malaya in the fourteenth century. The Jawa people were known to have lived as merchants in Malacca since the time of the Malay Sultanate of Malacca. However, the great migration of Indonesians into Malaya was during the British colonial period. They came as contract and free labour in the European and Chinese owned coffee and rubber plantations. There was several factors that encouraged the migration of Indonesians to Malaya. Among them were: 1. Poverty. The increasing population caused a rise in the rate of poverty besides the variety of tax charges imposed upon them by the Dutch colonialists 2. Political stability and growing economy in Malaya. Malaya’s economy was growing, for instance, the tin ore industry and plantation agriculture. In addition to that, Malaya was peaceful. 3. Indonesia traits. Some of the Indonesians, for instance, those of Bugis descent were skilled in the field of sailing and business. As such, they customarily travelled to other areas. Among the Minangkabau people on the other hand, their matrilineal family system was said to have passed on the concept of travelling among the male members of the community. There was also migrations due to the family problem. 4. Political instability in Indonesia. At that time, the Dutch colonized Indonesia. The pressure from colonialists and the hatred towards them were also factors that push them to migrate to Malaya. Economy

Although there were poor Chinese and Indians, the Malays were the poorest. Poverty among the Malays is often related toindustries a numbersectors of factors assaid occupation. Many of the Malays were involved in the agricultural and traditional thatsuch were to have low productivity. Some people commented that what is done by the Malays is itself not productive in terms of income production. For instance, it is alleged that they are not using the latest technology in production. However, there are also allegations that the poverty of the Malays is due to the area in which they live. It is common knowledge that most Malays live in rural areas where the standard of living is low. Besides that, it is Malays are not exposed to similar opportunities other communities living in urban areas. This is due to the area in which they live, which is led endowed with physical, social and economic amenities. In fact, poverty among Malays was also connected to the existence of “immigrant culture” among migrant community. The Immigrant culture was alleged to be emphasizing the

importance of working hard for “survival” in a foreign country thus causing the indigenous community to be left behind. The British policies were also said to have caused economic backwardness among the Malays. The Page

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policies were disappointing in two aspects. First, the British Policies had ultimately left the Malays in the rural areas and involved in traditional economic activities. Second, it denied the Malays an involvement in modern economic activities largely participated by the non-Malays.

3.1.2.2. The Chinese The presence of the Chinese in Malays can be traced back to the period of the Malay Kingdom of Malacca. At that time, there were ties between Malacca and China. Even today, there are groups of Chinese who have been assimilated into the Malay society, especially in Malacca where they are known as the Baba community. In the 18 century, there were Chinese merchant’s settlements in Pahang, Kelantan and Terengganu, whist in the early the early nineteenth century, many Chinese had arrived in the Straits Settlements (Singapore, Malacca and Penang Island). Most of them worked as businessman and craftsmen. Based on statistics, in 1820 there were 8500 Chinese in Penang Island; 1150 in Singapore in 1822 and 4100 in Malacca in 1826, in Johor, the arrival of the Chinese between 1925-1962 was due to the encouragement from Temenggong (Military Chief) Ibrahim for the purpose of opening gambier and black pepper plantations. The Chinese started to come in big numbers to Malaya in the mid-nineteenth century as a result of the opening of tin-mines, especially in Perak, Selangor and Ujong River.

The majority of Chinese in the country today are descendants of the Chinese immigrants who came in the nineteenth century. In the early twentieth century, most of them continued to live in the country. In the 1930s, immigration requirements were tightened; the Japanese took over China and World War Two erupted causing the Chinese to live on in Malaysia. During World War Two, The Chinese played an important role in forming the Malayan People’s Anti-Japanese Army (MPAJA) and in 1948, they also played an important role in forming the communist Malayan Races’ Liberation Army (MRLA). During the emergency, Chinese people living at the edge

of the jungle were moved to new villages to prevent them from being used and forced to give help to the communist guerrillas. These new villages had much better facilities than traditional Malay villages, thus creating eventually a gap between them. Most of the Chinese in Malaya srcinated from Fukien, Kwantung and Kwangsi in South China. Most of them entered the country through the contract system arranged by agents. However, this system was eliminated in 1914; following which many Chinese migrated individually. Many factors led the Chinese to migrate. These factors, classified as push-pull factors can be summarized as follows: 1. Difficulties of living in China. During the period, the Chinese experience hardship because of the rapid increase in population, frequent natural disasters (flood and drought) and limited natural resources. 2. Political instability in the districts of south China . Although the Manchu Dynasty was ruling China at the time, the local Chinese considered the Manchu rulers as foreigners. Thus they were against the kingdom. The revolt that took place threatened the lives of the people. 3. Growth in the tin and rubber industry. The expanding tin and rubber industries created a need for labour. This can be said to be a strong pull factor, more so when the price of tin and rubber shot up. 4. Political stability of Malaya. The Malay states were in a state of stability where many were already under British rule. This stability caused the economy to improve (through the tin and rubber industries) and to acquire a labour force. Thus labourers from China were to encourage to migrate to Malaya. 5. Migration facilities. The facility of transportation systems such as steamship and also immigration agents made it easy for the Chinese to migrate. 6. Chinese population characteristics. The people from the southern provinces (such as Kwangtung and Fukien) are said to be hardworking and like travelling. These factors encouraged them to migrate.

Although there are various clusters of Chinese in Malaya, the main clusters are Hokkien. Hakka, Teochew and Hailam. They differ from one another, for instance in dialect, customs, economics specialization and the place in which they live. They are even hostile towards one another amongst them. Page

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Economy

Because relatively few Chinese could acquire land for agricultural, many of them were involved in business as merchants, businessman and craftsmen. This created a stereotype belief that the Chinese are business minded. Although there were among the Chinese fisherman and vegetable farmer, they were generally recognized as people most actively involved in business. They were many Chinese who were disadvantaged economically living in squatter areas with other communities. There were a few Chinese who were wealthy, controlling transportation companies, construction and estate. But most of the Chinese business activities were small, family business. One of the characteristics of Chinese business is that they are based on sub-ethnic groups. For instance, the Hokkiens controlled the rubber estates, while the Hainanese concentrated more on the coffee shop business. But now, these differences are slowly disappearing when more and more of them have modern education and go into other fields besides business, such as employment in the government service and manufacturing in modern factories.

3.1.2.3. The Indians The Indians presence in Malaya can be traced back historically to some 2000 years ago when they were trading in the posts in the states in Malaya. During the period of the Malay Kingdom of Malacca, Tamil-Islam influence played an important role in the ruling system; as a matter of fact, there was an Indian settlement in Malacca known as Kampung Kling. The Indians were also widely recognized as propagators of Islam during that time. During the British occupation of Penang in 1786, Indian labourers migrated to the island to work in sugar cane plantations and as domestic help. Indian prisoners were also brought in by the British to help construct building and roads.

At the beginning, the bulk of Indian population in Malaya consisted of those srcinating from South India (Tamil Nadu). They were brought in by gents through a contract system; with a contract signed for three years. Development in agriculture (rubber and sugar cane) brought in large numbers of Indians into Malaya. After 1910, the contract systems was changed to the Kangany System. The kangany usually consisted of supervisor of plantation labourers who brought in workers from their village in India. These workers in the Kangany System were not tied by any contracts but they were required to pay back expenses of bringing them to Malaya. Meanwhile, the Indians from Punjab, better known as Sikhs started migrating to Malaya towards the 20 th century. The factors that encouraged the migration of Indians into Malaya can be summarized as follows: 1. Difficulties living in India. Land for agriculture and work opportunities related to it were scare. The main reason was the rapid increase in population. The situation became worse with occurrence of natural disasters. Many farmers lost their land and were in debt. For those who were educated, it was difficult to get employment. The caste system on the other hand, was said to have restricted their social mobility causing the lower caste to be more inclined to migrate. 2. Rapid economic development in Malaya. Commercial agriculture introduced into Malaya, especially rubber, followed by palm oil, needed labourers, at that time, the price of rubber was high and so was the number of Indian migrants. 3. Encouragement from British government. The British encouraged the migration of Indians to work in the plantations, the civil service (clerical and technical) and construction (building and roads).

The Indian immigrants consisted largely of Tamils, Malayalis, Telegus and Sikh. Indians came in large numbers to Malaya in the 1880s with the opening of coffee plantations in Malaya. The Indians left for Malaya from centers such as Chittoor, Chinglepet, Coimbatore, Madura, Malabar, Arcot, Salem, Tanjore, Trichnianpoly and Vizagapatam. Economy

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Although some of the Indians who came to Malaya had business skills and capital, they did not manage to form a strong business cluster. The Chettiar group, for instance, came to Malaysia as loan providers and were not involved in other business. In contrast, the Chinese used capital from the Chettiar group to become the important business group. They were relatively few wealthy Indians because they did not invest in Malaya, instead they kept their capital to be brought back to India when they stopped working in Malaya. However, among the later Indian Immigrants, many started businesses like restaurant business, hairdressing and cloth stores. The majority of the Indians in Malaysia had low income, and were involved in low skilled or unskilled occupations. Most of them remained in the plantation economy as labourers. However, there were also many who were involved in other fields, like training. Many were owners of grocery, book and textile stores with a few in the medical and legal professions.

3.1.3.

INDIGENOUS POPULATION OF SABAH AND SARAWAK

In Sabah and Sarawak, the population is also very varied. The communities are differentiated according to the area they live in, economy, society and culture. In Sabah, there are 23 tribal communities, the largest tribes among which are the kadazans, Bajau, Murut, Sulu and Brunei people. Table below summarizes the background of the population of the state of Sabah. Community Background Kadazan The largest community, also known as the Dusun people Originally from Kalimantan and most of them live in the hinterland Concentrated in the areas of the Ranau and Tambunan valley Bajau This community was srcinally from Mindanao and Sulu Island and was known as the sea people and Samal people Concentrated in Semporna, Kota Belud and Timbang Island in Sandakan Bay Murut Live mostly in the interior such as Tenom, Rundu and Persiangan    

  

Sulu

 

Brunei





A small number among them still live in long houses and are nomad Originally from the Sulu Archipelago and now concentrated in Sungai Sugut Muslims Originally from Brunei and now settled in Sabah, in Beoufort, Kimanis and Papar Muslims

Sarawak was also inhabited by a diversity of tribal communities, each with its own characteristics. Among the well-known tribes are Malays, Melanau, Iban, Bidayuh, Penan and Kelabit. Table below gives the background of each of the tribes mentioned above. Community Malays

Background Originally from Sumatra, they have been there since the 15th century Live mostly along the coastal area Muslims   

Melanau

  

Iban

  

Penan Kelabit

   

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Live mostly along the Igan, Oya and Mukah river Muslims Assimilated with the Malays and practice the Malay Culture Originally from Kalimantan (River Kapuas) Also known as the Sea Dayaks The largest community and live in inland areas such as along the Sungai Sekrang, Sungai Batang Lupour and Sungai Rejang Most of them lives as nomads in the woods Settles mainly in the area of the rivers Baram and Rejang The most famous of their villages is Bario Some of them still live in long houses MPU2113 Malaysian Studies

Each of the Malays and Melanau, most of the indigenous tribes in Sarawak formerly lived in the woods in either long or make-shift houses. Today, most of them have moved to areas exposed to modern development.

3.1.4. 3.1.4.1.

CULTURAL Malay Cultural

The majority of the Malays live in villages within which the community is characterized by strong social ties and strict social control. Only Malays who live in urban areas seem to experience a loose pressure on social control. Strict social control actually has implications on the behavior of and individual. It ensures adaption to the values and norms of the community. The Malays like and have a high regard for consensus. Just like the non-Malays, the Malays have an extended family system. In other words, their family unit is not small and the family is considered an important institution for social security. All Malays are Muslims, but not all Muslims are Malays. Islam that is practiced by the Malay does not make them narrow minded, intolerant, fanatic nor aggressive. Generally, the Malays are described as humble people who do not impose their wishes upon others. The Malays are said to be even-tempered and able to control themselves; hot tempered behavior is not respected and often regarded as “rude” (no manners). For these

reasons they seldom given vent to their feelings of anger and they avoid being Frank. Consequently, it is difficult to understand their feelings, attitude, views and convictions; so they are always misunderstood. This misunderstanding sometimes goes beyond relations between people and into the economic, social and political areas.

3.1.4.2.

Chinese Cultural

As we know, the Chinese in this country comprise various dialectal communities. But as in China, a uniformed culture, based on Taoism and Confuciannism, could not be created despite various efforts. From the language aspect, the acceptance of Mandarin as the official language was only limited to government services and schools. In Malaysia, most of the Chinese are Buddhists. Many of the festivals celebrated by the Chinese in the country have their roots in the history and culture of society in China. The New Year is celebrated based on the rotation of days related to planting activities; the moon cake festival on the other hand, celebrates the harvesting season and the Chinese farming communities opposition against Mongolian rule; the dragon boat festival in Penang is in remembrance of an honest prime minister, who committed suicide to protest against corruption and opposition in the government.

3.1.4.3.

Indians Cultural

As mentioned earlier, the Indians in this country are not homogeneous group. They can be differentiated, not just in terms of srcin, but also language, caste and religion. The majority of them, of South Indian descent, speak Tamil. Every group has its own dialect and societies. The castes similarity had their own organizations. The Natukottai Chetty for instance, is a society for merchants while the Maruthuvar Sangam is a society for their Maruthuvar caste (hairdressers). Other castes that had their own societies were Vanniyar, Thevar, Nadar. Yadhavar and Adhi Dravidar. Besides that, there were also societies based on the area of their srcin. The Indians also can be differentiated based on their religion. The religions of the Indians in Malaysia range from Hinduism to Sikhism, Christianity and Islam. However, approximately 90 percent of Indians in this country are Hindus and speak Tamil. As such, the Tamil culture is the most prominent among the Indian cultures. Meanwhile, the majority who are Hindus belong to the Saivite sect. Most of the temples in this country are Saivite temples. The most popular denies immortalised in these temples are Siva, Subramaya and Ganesh Indians from North India come under the Vaishnavite sect whose temples are devoted to the deity Vishnu. Besides that, Mathurai Veeran and Mariamman. Besides that, religious festivals are also celebrated, such as

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Thaipusam in Penang and Kuala Lumpur and Sithraparuvam in Teluk Intan, besides the punggal or New Year festival.

3.2.

UNITY AND NATIONAL INTEGRATION

3.2.1.

ETHNIC RELATIONS IN MALAYSIA

Relations among ethnic groups in Malaysia have been much discussed. This is because the country is indeed renowned as a multi-racial society that has successfully created peace and become a model of a calm and peaceful plural society for other countries.

3.2.1.1.

The Theory of Racial Relations

The process of national integration in Malaysia can be analyzed on the model of contract between different ethnic groups or races. The relation between races can be seen from the degree of “nearness” beginning with

relations that are apart to relations that are close.

Low Integration

Segregation

High Integration

Accommodation

Acculturation

Assimilation

Amalgamation

Figure 3.2 The Process of Integration

1. Segregation: This is the relation that has the characteristics of a split among the ethnic groups in a country. The split occurs in various situations, such as the area of residence, the school system, transportation and public facilities. 2. Accommodation: This is a process where the ethnic groups are aware of each other’s norms and values but they continue to safeguard their own living culture. However, they live in harmony and respect one and another. At the level of the central government each ethnic group sends a representative who represents his own group. But in certain institutions like economy and education they are mutually dependent on one another. 3. Acculturation: This is the process that is sometimes known as cultural assimilation. It happens when people from a minority group. This process is a process of borrowing or accepting the cultural elements of the majority group, without changing the srcinal cultural elements. 4. Assimilation: This is a process that is sometimes given the name of structural assimilation to differentiate it from acculturation or cultural assimilation. The concept of assimilation is about the entry into a dominant society through friendship and close connection. The degree of assimilation of the minority groups varies, that is, based on physical differences (like the colour of the skin and the degree to which the cultural features differ from that of the dominant group). 5. Amalgamation: This is a process that happens when culture or race mixes to form types of new culture and race. The most important way of making sure the process of amalgamation takes place is through intermarriage between ethnic groups or races.

All the five processes above portray how minority group become part of the main stream of a society. It also depicts the stages of unity and integration in a society based on the form of the relationship between the groups concerned. The presence of accommodation in a society reflects that a society is in a situation of merging together. Page

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3.3.

RUKUN NEGARA: THE NATIONAL IDEOLOGY

3.3.1.


In this country, the government has taken steps since independence to create social unity and national integration. After the 13 May 1969 episode, greater and more serious efforts have been taken to achieve this objective.

3.3.1.1.

National Educational Policy

Briefing a nation that is independent, a national educational policy has been implemented. The main objectives of educational policy are to fulfil development requirements and create social integration and national unity. The task of nation-building would be difficult or impossible without social and political stability. Therefore, national integration or social unity is of great importance to any developing country. This is especially so in our country because under colonial rule efforts were never taken to encourage unity among the people. In contrast, colonial education policy actually served to keep various communities as separate and distinct entities.

3.3.1.1.1. The 1952 Education Ordinance The main details of the Ordinance are: 1. Two types of school were recommended: (a) Malay-medium schools (b) English-medium schools 2. 3. 4. 5.

Facilities to be prepared for the study of Chinese and Tamil Chinese and Tamil schools to be excluded from the national education system English to be taught from standard 1 in Malay-medium schools Malays to be taught from standard 3 in English-medium schools

This Education Ordinance was not implemented because of financial problems caused by the economic recession.

3.3.1.1.2. The Razak Statement 1956 In 1955 the Aliance won the general elections and formed a party of a semi-elected government still under British control. In preparation for an independent Malaya, the British formed a committee to prepare a national education system. The committee was headed by Dato’ Abdul Razak Hussein, the Minister of Educatio nal at that time. The report of this committee, called the Razak Report or the Razak Statement, 1956 contained the following proposals. (a) Every child be given the opportunity for education. (b) There should be only one education – the National Education System. (c) There should be two types of school: (i) The public schools using Malay as a Medium (ii) The public-type schools using English, Chinese or Tamil (d) Malay and English to be compulsory in all schools. (e) Chinese and Tamil to be taught in a school if there were 15 or more pupils, or if requested by parents (f) Aid to be given to all schools (g) Secondary level schools to be establish: (i) National secondary schools with Malay as the medium of instruction and English a compulsory subject. (ii) National-type secondary schools with English as the medium of instruction and Malay a compulsory subject. Page

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3.3.1.1.3. The Rahman Talib Statement 1960 and Education Act 1961 The Rahman Talib Statement was released in 1960 after a review was conducted on the 1956 Razak Statement. Its proposals were included in the Education Act of 1961. Details of the Act are: 1. 2. 3. 4.

Children in primary schools should be given the opportunity for further their studies in secondary schools. Education should be free in national primary and national secondary schools. The school-going age should be from 6 to 15 years ole. Those who fail to enter academic schools should be admitted to vocational schools – agriculture, carpentry and cookery. 5. There should be two types of school: (a) schools (b) National National-type schools 6. Curriculum and examinations should be coordinated in all national and national-type schools. 7. Malays as the national language to be taught in all primary schools, replacing English as the medium of instruction. 8. Chinese and Tamil should be taught should there be at least pupils or should parents request it. 9. Islamic knowledge should be taught if there were 15 Muslim pupils. Malay replaced English as the medium of instruction in the Peninsula in 1970. The 1961 Education Act was extended to Sabah and Sarawak in 1976. With that, a single national education system came into existence in the country.

3.3.1.2.

The New Economic Policy

The issue of national solidarity is related to the country. The colonial experience created a situation in which each community came to be identified by its economic function. The rate of poverty among the people was high. The income disparity between people in the urban and the rural regions was significant. The imbalance in economic share among the communities was wide. This situation was carried over when the country became independent. The wide economic imbalance was seen as a major factor hindered national unity and that eventually led to the ugly experience of 13 May 1969. Consequently, the New Economic Policy was launched in 1970. This policy was planned for the next 20 years until 1990, with four 5-year Malaysian Plans serving as channels to achieve the New Economic Policy’s objectives.

The New Economic Policy can be said to be an attempt to kill two birds with one stone: it sought to eradicate poverty among the people, regardless of race, in order to restructure society and obliterate the identification of race with economic function or status. The ultimate objectives of this was national unity and integration. To eradicate poverty, many steps were taken. Employment opportunities were created through developing the industrial sector and opening up new land. Incomes or earnings of the people improved through development projects in the rural areas, education, training and construction of infrastructural facilities.

3.3.1.3.

National Culture Policy

A policy for the creation of national culture was introduced as an attempt to foster national integration. The guidelines of the policy were drawn up at a congress on culture held in Kuala Lumpur in August 1971. The congress concluded that the National Culture Policy should contain three basic principles, viz. (a) It must be based on the culture of the indigenous people of this country. (b) Elements from other cultures which are suitable and acceptable may be incorporated into it. (c) Islam will be an important elements in the national culture.

3.3.1.4.

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The Rukun Negara


The Rukun Negara or national ideology was introduced on 31 August 1970 by National Legislative Council with the aim of fostering national integration in the wake of the 13 May 1969 communal unrest. The unfortunate 1969 episode was viewed by many quarters as a manifestation of inter-communal tension. Because of this, the Rukun Negara was devised with the intention of building a common Malaysian identity in anticipation of the evolution of a Malaysian race (‘bangsa Malaysia”). The adoption of the Rukun Negara as a national ideology corresponds to the Pancasila of Indonesia and the Declaration of the Independence of the United States of America. The Rukun Negara seeks to: (a) Create a common identity among the people and eliminate parochialism and racism, replacing them with a spirit of solidarity. (b) Cherish and maintain democratic principles among the people as well as the government. The people and the government must respect the principles of democracy and adhere to them with full responsibility. (c) Build a fair and just nation where citizens are treated equally regardless of race or religion. (d) Build a Malaysian society that is liberal in the sense that the people are free to live their own way of life, to voice their opinion and to make choices (e) Create a society that is progressive and that seeks knowledge which is in line with the development of science and technology. The Rukun Negara has five principles: (a) (b) (c) (d) (e)

Belief in God Loyalty to King and Country Honour of the Constitution Sovereignty of the Law Courtesy and Politeness

The first principle implies that Malaysians are God-fearing people. The official religion is Islam, but other religious are free to be practiced in the country by their respective followers. By being God-fearing, the Malaysian people will have high moral values and will be fair, patient, loyal, cooperative etc. Viewed from another angle, a person who does not have a religion cannot be considered a citizen. The second principle means that the King is the symbol of the country’s sovereignty and of the solidarity and freedom of the people. The position of the Malay Rulers cannot be questioned. All citizens of the country must be loyal to the King. As the king is the symbol of the nation, disloyalty to the king is considered disloyalty to the nation. The third principles states that the constitution is the highest set of law in the country and it protects the rights of all citizens. Every citizen must respect the constitution. This principle also implies that citizens must respect the constitution. This principle also implies that citizens must respect all laws passed through the provisions in the constitution. The fourth principle means that the laws in the country are sovereign because they are passed through provision laid out by the constitution. The laws also imply that citizens receive equal treatment of the same status before the law regardless of their rank, race and religion. Citizens must abide by the law of the country. The last principle means the citizens of this country must possess noble behavior so that they will respect each other and be fair, trustworthy, loyal, co-operative, tolerant etc. Such qualities lead to a sense of shared values and destiny and to a feeling of solidarity. Peace is then assured.

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4.4.

DEVELOPMENT PLAN AND VISION

4.4.1.

THE CONCEPT DEVELOPMENT

4.4.1.1.

SOCIAL DEVELOPMENT

4.4.1.2.

ECONOMIC DEVELOPMENT

4.4.1.3.

ATTITUDE DEVELOPMENT

4.5.

NATIONAL DEVELOPMENT POLICY

4.5.1.

BEFORE INDEPENDENCE

4.5.2.

AFTER INDEPENDENCE

4.5.3. 4.5.4.

FIVE YEAR MALAYSIA PLANS ELEVEN NATIONAL DEVELOPMENT POLICY CHALLENGES

4.5.5.

VISION 2020

4.6.

SUMMARY

4.1.

DEVELOPMENT PLAN AND VISION

4.1.1. 4.1.1.1.

THE CONCEPT DEVELOPMENT Social Development

Food BASIC NEEDS

Clothing

Shelter

Generally, social development brings changes and advancement. Basic needs should include opportunities to obtain basic service facilities such as health, education, clean water supply, electricity and transportation. Social development can bring social changes by altering a poor, narrow and inadequate lifestyle to a situation of greater comfort, convenience and security.

4.1.1.2.

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Economic Development


Increase in national or per capita income or the monthly income of citizen

•Economic development

Authorities can use the nation’s money to

provide basic facilities

•Support and expand the aspect of

social development.

Citizens enjoys a peaceful life

•contribute to the nation’s growth economic

Economic development is always tied to changes in income. Increase in national or per capita income or the monthly income of citizen are indicators or signs of economic development. With the increased in national income or economic development, the authorities can use the nation’s

money to provide basic facilities that can support and expand the aspect of social development. With the existence and expansion of social facilities, citizens enjoys a peaceful life and following that, able to contribute to the nation’s economic growth by providing manpower that is health, with potential, skilled, educated, productive and dedicated.

4.1.1.3. Attitude Development The development of citizen’s attitu de towards development is crucial. This is to prevent negative attitudes such as indolence, fatalism or no perseverance, defeatist attitude, indifference or reluctant to strive or enjoy together the opportunities of development provided by the responsible party.

Attitude change is one component that needs attention when discussing national development. Attitude change or development is often the determination and foundation in the first step to achieve economic changes.

4.2.

NATIONAL DEVELOPMENT POLICY

4.2.1. BEFORE I NDEPENDENCE When the British ruled Malaya:  





No national development policy aimed care of the welfare of the people. The colonialists only focus on economic activities including rubber industry and tin mining in (peninsula), petroleum and black pepper (Sarawak) black pepper (Sabah). Economies classified based on race: Chinese (tin mining), Indians (rubber estates) & Malays (Agriculture). Colonialist’s policies resulted two differential development gaps between areas:

1. Between Urban And Rural Area RACES Page

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ECONOMIC SYSTEM MPU2113 Malaysian Studies

Practicing a self-supporting or subsistence economic system by involving themselves in farming, paddy planting, vegetable gardening or fishing. Lived in the plantation sector with a very poor conditions. Endeavored and worked in the mining sector. Become town centres indirectly. Fortunate and had the chance to enjoy the facilities provided by British.

Malays Indians Chinese

2. Between East Coast and the West Coast. East coast difficult to access and is not naturally rich in tin ore was left behind in the tide of development. The colonialists’ economic policy focused strictly on profit exploitation activities with little consideration for citizens’ welfare.

4.2.2. AFTER INDEPENDENCE Development policies inherited after independence. After independence the government was to develop the economy to benefit the country’s own

citizen so as to narrow the differential development gap and subsequently to eradicate poverty. The national development policies known as Five Year National Development Plan (NDP) release every five years. The NPD consider the main agenda in planning and implementation of economic and social development for the people of Malaysia. NDP agenda consist of definite philosophies, objectives and aims, focus, programs and implementation strategies. 4.2.3.

FIVE YEAR MALAYSIA PLANS

Malay(sia) Plan FMD (1956-1960)

SMP (1961-1965)

Plan Name -

Focus 



MP 1 (1966-1970) 

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Rural development and extension of agricultural area. Improve further the system of services – education, health, water and electricity supply. Improve agricultural development. Increase efforts to eradicate the economic imbalance between sectors and territories especially after 13 May; extend the socioeconomic development plan to include Sabah & Sarawak.

Main Objective 



Develop rural area to improve the standard of living; reduce illiteracy; enhance the standard of health; eradicate poverty.

Strategy 

Diversify the country’s and the people’s success of

income; reduce unemployment; improve the standard of living for the lower income groups (all with the aim to create unity among communities)







Provide socio-economic infrastructure facilities by establishing institutions, departments and ministries with specific roles: 1952-RIDA (economic development); 1959-Ministry of Rural Development (infrastructure development); 1966(agriculture development); 1960-Adult Education Division (mind development); 1962-JKK (community development); 1961-Animal Dept. (advice and supply services); 1966-MARA (credit and technical assistance) Create a planning and observation system by introducing the Red Book Plan and Operation Rooms at all levels-federal, state, district and village. Establish agriculture and farming family support agencies with specific roles: 1965-FAMA (agricultural marketing); 1969-MARDI (agricultural research); 1969-Agricultral Bank (credit assistance and advisory services) To ensure citizen involvement in governmental development efforts and also to promote community development movement as rural development strategy, such as Renewal Movement and Progress Movement.


MP 2 (1970-1975)

Outlines Perspective Plan 1 (OPP1)





MP 3 (1976-1980)

MP 4 (1981-1985)

New Economic Policy (NEP) – main focus or theme is to create communal unity among all Malaysian citizens. This can be achieved through economic development especially in sectors and communities that are lagging behind, without neglecting the developing sectors and communities. The NEP was drafted for the purpose of comprehensive development in terms of communal and economic sectors







Two main aims outlines by the NEP are: Eradication of poverty Restructuring Malaysian society so that community identification according to economic sectors does not exist

The purpose of this is to eradicate poverty between sectors, rural and urban, and also within sectors to narrow down the poverty gap.









involvement.



MP 5 (1986-1990)

MP 6 (1991-1995)

MP 7








(1996-2000)



The period fixed by the government for realizing the plan is 20 years, encompassing four Five Malaysia Plans Give new life to the expired NEP Prepare and give birth to an industrial society Expand and develop the socio-economic and harmonious life of the people











National Development Ensure economic transformation by improving the efficiency of labour and capital. Expenditure the shift to value added activities through capital and technology. Encourage largescale industrial activities Develop modern services sector.





Modernize (system) and further activate agricultural production through rubber and oil palm replanting and planting of double cropping padi through irrigation schemes (sungai Manik in Perak, Kemubu in Kelantan and Muda in Kedah) and off-shore fishing. The above activities are complete with the establishment of support agencies such as: 1971-LPN, 1972-RISDA, 1973-LPP (smallscale farming and agriculture marketing development); 1971-MAJUIKAN (marketing development); 1979-PORIM (agricultural research development). Introduce District Development Guide Book1987 (RED BOOK II), more or less to the RED BOOK in the 60s-used to improve the effectiveness of planning, implementation, administration and coordination machinery at every stage.

Further stabilize the potential of agricultural development activities implemented on OPP1 so that it is more economic, competitive and progressive. Give support to no-governmental bodies involved in efforts to eradicate poverty. Strengthen national unity.



Implement macro-economic management.







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Provide more employment opportunities for all communities by encouraging them to be involve in high potential sectors such as industrial and trade, supported by the establishment of specific agencies: 1971UDA (business development); 1969-PERNAS (human resources and business development) followed by extending plans to open up more land and land grouping plans under FELDA, FELCRA and SALCRA (for Sarawak), introduce and extend the plans for territorial and agricultural development, together with the Green Book Plan.





Page

Increase manufacturing capacity and income of the poor through “in-situ” development plans by modernizing rural sectors as well as more adequate social facilities.

Encourage investment to increase productivity. Increase international competitiveness to face competition Encourage manufacturing for world market Develop strong human resource for long term economic growth


MP 8 (2001-2005)


Develop a strong and sustainable economy.







Change growth strategy form input-driven to knowledge-driven Expedite structural changes in the economic sector. Strengthen socioeconomic stability



Increase efficiency through IT



Overcome social problems.



Sustain macro economy stability



Eradicate poverty and restructure society



Increase growth through productivity









Increased competitiveness in the primary economic sectors. Extend the usage of ICT Strengthen human resource development Carry out a comprehensive and integrated approach in natural resources and environment issues.



Upgrade the quality of life



Strengthen positive values and attitude.

4.2.4. ELEVEN NATIONAL DEVELOPMENT POLICY CHALLENGES I. Expenditure economic transformation from investment-supported growth to productivity and quality supported growth through increased efficiency of labour and capital; II. Speed up the shift to high value-added activities, capital and technology intensive and labour-

III. IV. V. VI. VII. VIII. IX. X. XI.

saving production; Manage steady growth, sustain price and external balance stability; Encourage a global approach specifically in the industrial sector to become more competitive, export oriented with higher production capacity; Encourage greater integration in the production process among domestic industries to reduce dependency on imported products and to expand export products; Increased global competitiveness, strengthen infrastructure and protect the environment for expanding private sector involvement; Build modern, dynamic and open service sectors as incentives to growth; Strengthen further science and technology (S&T) and increase research and development (R&D); Ensure steady development through environment rehabilitation awareness in the process of economic and social development; Improve efforts aimed at an equitable distribution of increased national income to sustain continuous socio-economic stability as well as to expedite the restructuring of society; Endeavour to solve social problems, the decline in the morals and ethics of society especially among the youth.

4.2.5. VISION 2020 Nine Challenges of Vision 2020

1. Create a Malaysian nation that is united and with a common objective. 2. Create a society that is free, peaceful and advanced, confident of its own capabilities, successfully proud and strong in facing problems. Page

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3. Create and develop a democratic society that is matured and practices a shared philosophy. 4. Create a moral and ethical society with strong religious and spiritual values. 5. Create a society that is tolerant and liberal and free to practice its own customs, culture and religions. 6. Create a scientific and progressive society that is forward-looking and farsighted and is thus able to contribute to improving civilization based on science and technology. 7. Create a caring society and practice a caring culture. 8. Create society that is fair in the distribution of national wealth regardless of race. 9. Create a prosperous society with a competitive economy.

4.3.

SUMMARY

1. The objective of national development is a peaceful and prosperous society that enjoys the nations fairly and equitably distributed wealth. 2. Economic imbalance between sectors, races and territories arose as a result of the colonial economic system, a trade-oriented economy that profited only one party. 3. The main effect of colonization and its economic system was the creation of a ‘dual economy’, that is, agriculture in rural area dominated by Malays and Indians (estate workers) and a trade business sector monopolized by the Chinese. 4. The 1969, May 13 incident – racial fight in Kuala Lumpur city – is a manifestation of the long term effect left behind by colonization and its economic system that caused wide economic differences particularly between races and the urban and rural sectors. 5. The two prongs of the New Economic Policy (NEP) (1971-1990) were the eradication of poverty regardless of race and the restructuring of society. 6. “Economic and social restructuring of Malaysi an society that is lob-sided is a social engineering process that needs much sacrifice, tolerance and ’reciprocal exchange’ among various races in Malaysia without forgetting earlier historical events”.

7. The document National Development Policy was planned on five-year basis known as the Five-Year Malaysian Plan (FYMP). 8. The first five-year national plan is known as the First Malaysian Plan (1956-1960); to date the country has undergone nine five-year plans. 9. The NEP covers four FYMP beginning with the Second Malaysian Plan and ending with the Fifth Malaysian Plan (1986-1990) 10. The spirit and purpose of the NEP, also known as Outline Perspective Plan 1 (OPP1) was carried on by Outline Perspective Plan 2 (OPP2) which concentrated on eradicating extreme and relative poverty. 11. OPP2 began with the sixth Malaysian Plan and ended 10 years later; its focus was creating balanced development.

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5.1.

MALAYSIA’S POLICY ON REGIONAL AND WORLD AFFAIRS

5.1.1.

INTRODUCTION

5.1.2.

MALAYSIA AND REGIONAL RELATIONS

5.1.3.

MALAYSIA AND WORLD AFFAIRS

5.1.3.1.

COMMONWEALTH ORGANISATION

5.1.3.2. 5.1.3.3.

SOUTH-SOUTH COOPERATION MALAYSIA AND THE ORGANISATION OF ISLAMIC C OUNTRIES

5.1.3.4.

INTERNATIONAL FIGHT AGAINST DRUG

5.1.3.5.

THE UNITED NATIONS ORGANISATION

5.1.3.6.

COOPERTION THROUGH THE UNITED NATIONS – EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANISATION

5.1.4.

CONCLUSION

5.2.

DEVELOPMENT AND ENVIRONMENT

5.2.1.

INTRODUCTION

5.2.2.

CARE AND CONVERSATION OF QUALITY ENVIRONMENT

5.2.2.1.

THE PRINCIPLE OF ENVIRONMENTAL PROTECTION AND CONSERVATION

5.2.2.2.

ENVIRONMENTAL PROTECTION AND CONSERVATION MANAGEMENT

5.2.2.3.

MANAGEMENT OF NATURAL RESOURCES PROTECTION AND CONSERVATION

5.2.3.

INCULCATING AWARENESS AMONG OFFICIAL BODIES AND THE PEOPLE

5.2.3.1.

EDUCATION AND TRAINING PROGRAMMES

5.2.3.2.

NON-GOVERNMENTAL ORGANIZATION PROGRAMMES

5.2.3.3.

INTERNATIONAL AND REGIONAL AGREEMENT

5.2.4.

CONCLUSION

5.3.

HUMAN DEVELOPMENT

5.3.1.

INTRODUCTION

5.3.2.

SPECIAL GOVERNMENTAL HUMAN DEVELOPMENT PROGRAMMES

5.3.2.1.

HUMAN DEVELOPMENT THROUGH PRIME AGENDA, CORE PROGRAMMES AND MINISTRY OF YOUTH AND SPPORTS’ NATIONAL SOCIAL SERVICES

5.3.2.2.

SOCIAL DEVELOPMENT THROUGH NATIONAL INTEGRATION AN DEVELOPMENT OF HUMAN RESOURCES

5.3.2.3.

MINISTRY OF EDUCATION PROGRAMME FOR HUMAN DEVELOPMENT

5.3.3.

COMPETITIVENESS AND SELF-CONTROL

5.3.3.1.

MORAL STRENGTH

5.3.3.2.

CONTINUOUS PEACE AND HARMONY

5.3.3.3.

HIGH SELF RESPECT

5.3.4.

WHOLESOME VALUES IN THE CONTEXT OF GLOBALIZATION

5.3.4.1.

DEVELOPMENT OF WORLD STANDARD KNOWLEDGE

5.1.

MALAYSIA’S POLICY ON REGIONAL AND WORLD AFFAIRS

5.1.1.

INTRODUCTION

Malaysia plays an important role in establishing cooperation in various directions through active participation in diverse areas like trade, environment and social development. Ties of unity aligned along regional understanding are very important for building up a network of sustained sharing among Indonesia, the Page

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Philippines, Thailand, Singapore, Brunei and Malaysia through the Association of Asian Nations (ASEAN). Universality in the more and more complex process of development and advancement, for example, technology and knowledge, requires South East Asian countries to come together through commonly approved external policies. Cooperation in politics, security, culture, respect for freedom, sovereignty, regional stability and non-interference in the affairs of other countries constitute the important agenda for ASEAN and the United Nations Organisation. Malaysia continues to be openly committed, based on regional and international cooperation, to the creation of universal peace. Malaysia actively plays a role according to her capability in efforts to help other developing countries through various programmes such as the South-South Dialogue. Regional and international cooperation is important as a way of benefiting more efficiently from resources and enhancing her competitiveness in a new era of international cooperation.

5.1.2.

MALAYSIA AND REGIONAL RELATIONS

ASEAN is the Organisation of South East Asian Countries, set up following the Bangkok Declaration of 8 August, 1967. All five Foreign Ministers of the member countries at that time, Tun Adam Malik of Indonesia, Tun Thanat Khorman of Thailand, S. Rajaratnam of Singapore, Narcisco Ramos of the Philippines and Tun Abdul Razak of Malaysia unanimously signed the declaration. On 7 January 1984, Brunei Darussalam joined ASEAN. In March 1999, Cambodia became the seventh member of ASEAN, followed later by Vietnam, Myanmar (Burma) and Laos making tem members altogether now. ASEAN was set up because of a failure to build up a comprehensive, sustained, unified regional and international strength through the South Asia Organisation (ASA) that was established on 31 July 1961 with only the Philippines and Malaysia as members. The failure of MAPHILINDO, established in August 1963 with only Malaysia, Indonesia and the Philippines as members was also the reason for ASEAN to be set up as an organization that stands firm, symbolizing precisely the agreement of the countries in the region. In the spirit of solidarity, advantage is taken of the organization to avert all negative elementns that can split ASEAN unity. All social, cultural, economic and other planning commonly agreed upon stimulate efforts to reinforce regional unity through ASEAN besides the return of economic and material benefits. ASEAN contributes towards economic, social and political development through various programmes, for example, the Kuala Lumpur Declaration (1971). The agreement was ratified for the proclamation of the South East Asia region as a one that is neutral, peaceful and free from all forms of foreign interference. The proclamation was known as ZOPFAN (Zone of Peace, Freedom and Neutrality) ASEAN also reached agreement with the European Economic Union (EEC), the United States, Canada, Australia, New Zealand and Japan in the second ASEAN Heads of States Conference (1977). In the Conference, Japan, Australia and New Zealand agreed to contribute towards ASEAN development. The concept of the Exclusive Economic Zone (EEZ) was implemented to underline the importance of the aspect of maritime boundaries as a right for common economic exploitation like minerals and fishing. At the same time, it is also to avoid political disputes among countries in the region. The firm ASEAN solidarity policy managed to avert differences, for example, the Malaysia-Thai dispute over the maritime zone between south Thailand and the state of Kelantan (1977); the Malaysian-Indonesian disagreement over the area in the South China Sea and eastern Sabah. Based on the Malaysia-Indonesia Memorandum of Understanding (1973), Malaysia agreed to give the islands of Natuna and Anambas to Indonesia even though they were located in Malaysia’s Exclusive Economic Zone.

Besides the disputes above, discord also arose when Singapore laid a claim on Batu Putih Island and Vietnam on the Spratley Islands. However, the disputes were averted based on the ASEAN principle of priority to peace and prosperity through consultations among the member countries. Table below is a summary of ASEAN’s

aspirations as depicted by her objectives, programmes and strategies. Summary of ASEAN’s Objectives

Objective Page

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Programme

Strategies MPU2113 Malaysian Studies

Speed up economic growth, social and cultural progress Nurture and protect regional peace and stability founded on justice and the laws based on the Charter of the United Nations.

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Political cooperation on boundaries Elimination of smuggling activities and communist threat Kuala Lumpur Declaration-27 November, 1971 ZOPFAN Conference of Heads of ASEAN Countries – 1976 in Bali, 1977 in Kuala Lumpur Agreement of Cooperation Agreement of Friendship International Conference on Drug Abuse and Heroin Trafficking United Nations Conference on Refugees in Geneva Exclusive Economic Zone specifically on maritime boundaries held in Vienna in 1987 Industrial Cooperation ASEAN Industrial Joint Ventures Brand To Brand Complementation Scheme ASEAN Industrial Project Indonesia-Malaysia-Thailand Growth Triangle Brunei Darussalam- IndonesiaMalaysia-Philippines East ASEAN Growth Area (BIMPEAGA) East Asia Economic Consultations Asia-Pacific Economic Cooperation (APEC)

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Regional cooperation Shared boundaries Consultation and joint patrol South East Asia as a zone of peace, neutrality, and freedom from foreign interference and on good terms with the Western and Communist blocs Maintains relations with the Peoples’ Republic of China

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Diplomatic relations with Vietnam Cooperation in industry, agriculture, forestry, transportation, mining, energy, tourism, banking and finance Problems of refugees, encroachment, drug Supply and Purchase of basic commodities Freedom from nuclear arms or South East Asia Nuclear Free Zone (SAENFZ) Consultations between ASEAN and European Economic Union, United States and Canada Fight Against Drug in the Golden Triangle in northern Thailand and Vietnamof expertise with Australia, Sharing Canada, Japan, United States, New Zealand and the European Economic Union Increase in industry, infrastructure, tourism, agriculture, telecommunications and energy Cooperation among countries in the Mekong Valley

ASEAN Economic Ministers’

Conference(EAEC)

5.1.3.

MALAYSIA AND WORLD AFFAIRS

5.1.3.1.

Commonwealth Organisation The Commonwealth Organisation is an organization of former, independent British colonies. The organization symbolizes an association of effective interwoven networking that holds together the former colonial territories as countries that are still united not just with Britain but with other former British protectorates such as Australia, New Zealand, Canada, India and Sri Lanka. Today, there are 49 members in the Commonwealth including Malaysia.

Malaysia uses the Commonwealth as a bridge for participating in various socio-economic and political activities. In this context, Malaysia is the Commonwealth Secretariat for drawing up technical cooperation programmes such as technology management, agricultural training, environment and remote sensing.

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5.1.3.2. South-South Cooperation South-South cooperation is a strategic programme for strengthening friendly ties among members of the Movement of Non-aligned Countries or “Non -Aligned Movement” (NAM) specifically in the aspect of protection of trade, banking and finance, price fixing and commodities, industry, information exchange, investment and technical cooperation.

The cooperation encompassing the countries in the southern half of the globe is vital for countries in NAM to form their own decisions to be progressive and competitive. South-South cooperation emerged for the first time in the Asia Africa Conference in Bandoeng in 1955. The conference proclaimed the importance of economic development and cooperation among member countries. Besides that technical programmes and aid were combined in the form of expertise, training, pioneer projects, equipment, exchange of expertise and location of institutional training and research at the national and international level. The comprehensive framework of the common agreement was made in the Group of 77 Conference in Caracas, Venezuela in 1981. In May 1986 Malaysia was the initiator for the formation of a South commission in the South-South II Intellectuals and Statesmen Conference in Kuala Lumpur. The proposal and the contention for setting up the commission was supported at the 8th Non-Aligned Countries Conference in Harare, Zimbabwe, 1987. The South Commission was formed with members comprising political figures from Tanzania, India, Egypt, Brazil, Mozambique, Sri Lanka, West Samoa, Argentina, Uruguay, Zimbabwe, Jamaica, the Philippines, Mexico, Nigeria, Ivory Coast, Yugoslavia, Venezuela, China, Guyana, Cuba, Pakistan, Senegal, Indonesia, Algeria and Malaysia. NAM’s 13th Conference hosted by Kuala Lumpur in February 2003 ended with a co llective call “to seek justice and freedom from oppression and economic hegemony, besides making war illegal to solve the world’s problems”.

5.1.3.3. Malaysia And The Organisation Of Islamic Countries As an Islamic nation, Malaysia is a respected role model because of her continual efforts at forging closer ties with other Islamic countries in the world. Malaysian leaders have always endeavoured to enhance and establish the glory of Islam, since the time of the first Prime Minister, Tunku Abdul Rahman. The outcome of all this was the decision to form the Organisation of Islamic Countries. The decision was made at the Conference of Islamic Foreign Ministers in Jeddah, in March 1970. The Organisation of Islamic Countries, (OIC) was set up in May 1971 and was known as the Islamic Commonwealth or Islamic Secretariat. A total of 43 countries are members of the OIC.

5.1.3.4. International Fight Against Drug The abuse and smuggling of drug is a threat to the Malaysian and international peace loving and health conscious society. Malaysia is a caring country and has taken firm measures to fight against drug abuse to build a healthy and progressive social and economic life. This aspiration is founded on high religious values in the society especially amongst the young generation. Thus, various efforts are implemented to eradicate this activity both nationally and internationally.

For the prosperity and development of the nation, the Malaysian government has spent a great deal of money to surmountand andcustom destroy this Malaysia immoral and activity through campaigns, rehabilitation immigration checks. the ASEAN countries have establishing combined their strength to centers, combat drug abuse since 1976.

5.1.3.5. The United Nations Organisation Knowing that partnership and agreement builds peaceful and harmonious living with other countries, Malaysia strives to carry on a positive role in the United Nations Organisation. In Malaysia’s judgement, wars like the First World War are destructive bringing but damage to property. The huge loss of lives will cause an imbalance in economic, political and social strength, wealth and progress. This organization was created to bring about unity and stability through consultation and discussion programmes among countries that are concordant with

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the constitutional principles of Malaysia. Thus, Malaysia firmly supports the philosophy, objective and programmes of the United Nations.

5.1.3.6. Coopertion Through The United Nations – Educational, Scientific And Cultural Organisation UNESCO (United Nations Educational, Scientific and Cultural Organisation), whose headquarters is in Paris was set up on November 4th, 1946. In the early stages of its formation, the body had only 28 member countries. Today, its membership stands at 161. UNESCO activities are focused on the continent of Africa and Latin America since the needs and demands of the inhabitants of these two continents are more urgent because of backwardness and poverty. Seminars and conferences have become the arena for solving the problems of member countries especially on the development of S & T. The partnership of knowledge becomes a bridge for close ties of friendship in advancing and enhancing the performance of education, science and culture in the member countries. Table below presents a summary of information concerning international organizations.

SUMMARY OF INFORMATION ON INTERNATIONAL ORGANISATIONS No. 1

Policy Objective Programme Strategy Commonwealth To provide facilities Cooperation in trade, Conferences among Organisation and benefit to research and ministers of different member countries economic and social portfolios, members of and aid parliament and speakers of parliament To have diplomatic Commonwealth relations between Speaker-Speaker Colombo Plan was member and nonConference – 1987 implemented to: member countries - Supply training and Conference of Heads research experts of Commonwealth - Prepare places of States – 1989, Kuala training in universities Lumpur for those that need them Colombo Plan - Prepare equipment for Commonwealth research and help Scholarship and - Finance physical Fellowship Plan development projects Commonwealth Fund - Aid in health, agriculture Technical cooperation and marketing Issue of Antarctica as - Opposition against “Common World 

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Heritage”

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South-South Cooperation

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To have effective cooperation among the countries of the south to face the present economic system To restructure the economy involving all the countries of the world To determine the mandate and

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Dialogue to form a New International Economic Order Commission Fund Group of 15 (G-15) and Malaysia as pioneer in programmes for investment data exchange, and SouthSouth Trade and Technology

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objective of the South Commission

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Forge closer unity and cooperation among member countries economically, socially, culturally and in the field of science Firm up cooperative efforts to protect honour, independence and national rights Solve problems of dispute involving Islamic nations Eliminate any oppression and colonialism to bring about universal peace

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Meeting of Expert Groups Bilateral Payments Arrangement to encourage trade among South-South countries Malaysian technical cooperation in the Carribean, Combodia, Laos, Myanmar, Vietnam, Argentina, Chile, Peru and Venezuela, Kazakhstan, Kyrgystan, Tajikistan, Turkmenistan, Uzbekistan, Albania, Bosnia, Herzegovinia, Croatia and Mongolia Study tours, sending of experts, implementation of socio-economic development and supplies Islamic Unity Fund set up after the Islamic Summit Conference (1974) Studies of the History of Islamic Civilization and the Arabic language International Islamic University of Malaya Islamic University of Nigeria International seminar or symposium: Application of Islamic Syariah (Islamabad 1979), Islam and Social Policies in the Context of the New International Economic Order (Geneva - 1980), Islam and Jerusalem (Paris, 1981), World Islamic Congress (Colombo1982)

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Exchange of information between governments, organizations, corporate sectors and individuals Increase banking relations Joint projects in Danang, Vietnam, Cambodia, Uzbekistan and Namibia Offer scholarships to enhance education performance particularly in engineering, agriculture, law, economic planning and development administration.

Financing education, welfare, publication and sports Financing construction of buildings, supply reading materials and education tools and establishing fellowship Help to Islamic countries facing hardship including Chad, Gambia, Guinea, Mali, Mauritania, Nigeria, Senegal and Upper Volta Cooperation in preparing and sending doctors and voluntary medical workers Focus on spiritual and welfare development specifically Islamic youths at the international level Support Islamic Development Bank activities (IDB) and set up IDB in Malaysia in 1995 Unite to support the struggle of the Palestinian people


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Fighting Drug Abuse Internationally

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Create peace and security from drug abuse activities Destroy all negative (drug abuse) activities

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Create a common peace with member countries Improve the quality of life of member countries Protect and improve the people’s

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Strict international legislation International Conference on Drug Abuse and Illegal Trafficking in Vienna, Austria – 1987 United Nations Fund for Drug Abuse Control General Assembly Security to determine and decide on security issues through the power to veto United Nations Economic and Social Council to improve the quality of life Emergency aid to war victims, in particular, children International Red Cross Organisation

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Mandatory death sentence on locals, and foreigners Cooperation of the UN to fight drugs at the international level Overcome the problem of youths all over the world in handling drug abuse

Conference of member countries representations to solve problems of dispute involving member countries Solve any world issue or disagreement Arbitrate in any international dispute Organize United Nations programmes through agencies including the World Health Organisation (WHO), United Nations High Commission for Refugees (UNHCR), United Nations Development Programme (UNDP) and United Nations Children’s

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CONCLUSION

Malaysia stands ready to continue the country’s development in the future through various smart partnership programmes with developed and developing countries for economic, social and political advancement. Page

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Malaysia forges ahead in a variety of development planning besides giving contributions and aid to develop nations that are still backward and poor. Malaysia as a whole, unites with advance and less advanced nations to put their forces together for development particularly in the field of science and technology. Organisations, conferences, seminars and dialogues are platforms for creating understanding among member countries to handle problems of poverty, health, education and security.

5.2.

DEVELOPMENT AND ENVIRONMENT

5.2.1.

INTRODUCTION

Quality environment contributes to the efforts at raising productivity and economic growth in the short and long run. A number of mechanisms, institutions and programmes are implemented to overcome environmental pollution and to restore natural resources through various national and international programmes such as the United Nations Conference for the Environment and Development. Malaysia is not left behind in playing an important role in environmental development and protection. Malaysia views seriously the problem of protecting and restoring the environment to ensure that steady balanced development can be achieved. To enhance steady development, a positive economic mechanism is implemented. This strategy is supported by the strict enforcement of fair laws. These measures encourage the private sector to apply and develop technology characterized by excellent quality environment. Indeed development can continue without adversely affecting the quality of the environment. Weaknesses such as environmental restoration guidelines and approaches that lack clarity are resolved to prevent pollution and deterioration in the quality of the environemtn like soil erosion, water and air pollution.

5.2.2.

CARE AND CONVERSATION OF QUALITY ENVIRONMENT

Pollution and deterioration in the quality of the environment will not only affect negatively the health of the people but also the progress and economy of the country. The importance of the quality of the environment to man is proven by research and studies within and outside the country. A number of research studies conducted this century shows that unless man takes care and conserve the environment to avert all negative effects, the quality of life will deteriorate as a result of his own doing. This is because man, for his carelessness, greed and his non-abidance of the law, will gradually be unable to enjoy the beauty of nature and fresh air even though there is improved physical development. In general, if present conditions continue the living things on this earth will continue to experience the undesirable effects of environmental pollution. Malaysia is always careful as regards the effects of human activities on the quality of the environment. As a result of rapid development the environment is easily contaminated, with deterioration in the quality of the air and quality of river water. These are caused by the release of poisonous smoke, solid wastes materials and dangerous toxic wastes and oil spills. Uncontrolled industrial growth and urbanization also cause pollution and deterioration in the quality of the environment. Three primary sources of air pollution are vehicles, generating stations and factories, and domestic burning of fuels. In 1955, the sources mentioned contributed respectively, 75%, 20.3% and 4.6% of the pollution in the environment. Meteorological stations recorded pollution caused by these sources to be increasing and also points that they can cause haze in the environment. Malaysia views seriously the effective management and administration of the protection and conservation of the environment and natural resources. Effective management and administration are important to enhance the quality of the surroundings and the sustenance of natural resources. For example, the earth as a valuable natural resource needs to be managed carefully so that it is developed in a manner such that the quality of the environment and the long-term socio-economic advancement of the country is not compromised. The state government with the state development agencies can play an important role in developing the natural resources. Generally, the policy of the country as regards the environment is, Page

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1. To have a clean, safe, healthy and productive environment for the present and future generations 2. To protect and conserve natural resources and the co untry’s unique cultural heritage through the effective involvement of everyone, 3. To encourage a way of life and a pattern in utilization and production that is aligned to the principle of sustained development

5.2.2.1. The Principle Of Environmental Protection And Conservation The protection and conservation of the environment needs the involvement of everyone. Malaysia is tackling various environmental problems. In this context, the government has outlined several principles like the following,

1. 2. 3. 4. 5. 6. 7.

Protection of the environment Conservation of soil fertility and environmental quality Sustained improvement in standard and quality of health and safety Stress on the integration of various aspects to create environmental quality Commitment and accountability towards quality of environment Determine the suitability and effectiveness of using natural resources Active involvement at the international level

Table below shows the objective, programmes and strategies implemented by the country to improve management of the environment. The next table shows the care the government takes in managing natural resources to further enhance the development of the country.

5.2.2.2. Environmental Protection and Conservation Management Objective The government takes important steps to protect and rehabilitate the environment

To ensure the quality of the environment is protected in the long run in line with the efforts to enhance national development; and To increase governmental involvement in an integrated manner to protect and rehabilitate the environment nationally and internationally. Programmes Strategy Air quality Reduce the release of black smoke by diesel Enforcement by the Department for the engine vehicles Environment, The Police and Transport Set the smoke release standard at “50 Hartridge Department Smoke Units” Enforce laws related to offences such as open burning of waste, release of effluents Control the illegal disposal of toxic and dangerous wastes and sea pollution Checking of smoke releasing by vehicles Reduce congestions and pollution especially in the Klang Valey and Kuala Lumpur and improve the development of light rail public transportation Reduce the content of lead in the air River quality Strategy Joint activities by the Department for the Assess the quality of river water according to Environment with the Ministry of Health, the Air Biochemical Oxygen Requirements, the need for Unit in the Police, the Department for Chemical Oxygen, Ammonic nitrogen, solid mix Employment Safety and Health and level of hydrogen Federal Government Administration Center in Effective evaluation of high land development Putrajaya activities and the opening of new land that results Oil Filter Company (1990) 

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Supervision of Air Quality Index Evaluation and examination of high development land and the opening of land Supervision of domestic waste water 10 years restoration of the Klang River Love Our Rivers Campaign Dangerous substances and wastes Enforcement, provision of regulations for the practice and development of safe toxic chemicals for the destruction of dangerous wastes at Bukit Nanas, Negeri Sembilan Nuclear Technology Research Institute Malaysia Training in determining the negative effects of poison on plants under the Pesticide Act (1974) Technical Committee on Illegal and Prohibited chemicals Food and Agricultural Organisation Sharing of information and expertise at the international level through the London Guidelines for the Exchange of Information on Chemical Products that are Illegal and Prohibited in International Trade, member of the Basle Convention On The Movement of Dangerous Chemicals Across Borders And Their Destruction (1994) Custom Orders (1988) on Prohibition Regarding Imports  

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– Custom (1988) Orders (Prohibition Regarding Exports) Energy and the Environment Improve the efficiency in the utilization of energy

Oil Spills National Oil Spills Contingency Plans in coordination with the private sector like the Petroleum Industry Malaysia Joint Aid Group Regional cooperation with Brunei Darussalam, Indonesia and Singapore through the Standard Operations Procedure 

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5.2.2.3. Management of Natural Resources Protection and Conservation Objective Maintain biological and ecological stability and enhance the country’s socio -economy   

Control and manage the utilization of natural resources

Ensure that the management and development of resources are in line with and suited to the country’s

current development Extend effective and integrated cooperation with agencies within and outside the country Programme Strategy Land resources Improve the standard in the planning of land Urban and Rural Planning Act (1976, 1994) utilization State Level Development Plan Reduce negative effects in land utilization such as erosion and land slips State Planning Committee to coordinate and manage natural resources and man-made products 

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Land management advisory service at the level of the State and Federal government and local authorities Manage the development of public parks and landscape projects Water resource Strategy Management and control of water catchment Control of development of highland areas, water catchment areas and water supply areas and river water Guidelines on water utilization Forest Resources Strategy Increase in forest reserve amounting to 14.06 Improve the effectiveness of enforcing million hectares reforestation Reforestation projects and establishing forest Protect the forests and biological diversity estates especially involving logging National Forestry Act (1984) Method of logging that reduces the negative effects to the environment Malaysian Peer System and Selection Provision of log supply Replanting of forest trees Improve the forest product industry Management system Third national forest inventory in West Malaysia Forest cultivation to improve the economy of the local people Improve research and development programmes especially the management of forest uses, census Forest control using the Geographical Information and control of resources, silviculture, System (GPS) reforestation and rehabilitation. Studies of the environment and forests – based industry. Biological diversity Enforcement of laws Maintain Malaysia as a ‘megadiversity’ territory, Protect and manage national biological resources rich in marine parks and national parts, wild life and ensure a fair and equitable distribution of 

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sanctuaries and reserves National Biological Diversity Committee (1994) National Action Plan Participate in the RAMSAR Convention On Wetlands of International Importance Protection of the Habitat of Water Birds and Tasek Bera The National Park at Batang Ai, Loagam Bunut and Tanjong Dutu in Sarawak Somporna Island Park and the Wildlife Sanctuary in Kinabatangan in Sabah Land Review and update the approach and integrate the practice of land rehabilitation at all levels of implementation Roads, Drains and Building Act (1974)

biological resources and technology

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Land Erosion Model National Remote Sensing Center and the Department of Environment to produce a map of erosion risk areas Mineral and Energy Resources Sustained management of fossilized fuels such as petroleum, gas, coal, hydroelectricity, solar energy and biomass National Mineral Policy (1992) Mineral Development Act particularly for the development of exploration and mining. (1994) 

as in Cameron Higlands, Fraser’s Hill, Genting

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To minimize land erosion Control land development for agriculture, tourism, road construction, development sites preparation work. Extend the use of GIS for high land development

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Develop hydro-electric power to optimize the generation of electricity and to minimize the negative effects on the environment Develop environment friendly solar energy projects Standardize the procedure to protect the environment MPU2113 Malaysian Studies

State Mineral Enactment Model that includes a better procedure as regards the environment Coastal and marine resources Rehabilitate coastal areas for fish rearing 38 islands have been gazette as marine parks and 6 as areas where fishing is prohibited Marine parks 

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Besides the measures to protect and conserve the environment mentioned above, the government organizes close overall planning through education. At the same time, efforts are also made to increase public awareness and international and regional cooperation.

5.2.3.

INCULCATING AWARENESS AMONG OFFICIAL BODIES AND THE PEOPLE

Generally genuine efforts continue to be put together and integrated, so that the protection and conservation of the environment is sustained. These efforts are well received by official governmental and non-governmental organizations as well as the people to develop the country that they cherish.

5.2.3.1. Education And Training Programmes Education on the environment is made part of the curriculum in the primary and secondary schools, and in the institutes of higher learning such as teachers’ colleges and universities. The teaching emphasizes the values of protecting the environment so that students will cherish a love for cleanliness, beauty and high health standards.

The curriculum and textbooks are then used to refine and enhance the people’s understanding and knowledge so that they will always look after the environment. This is accompanied by co-curriculum activities founded upon wholesome environmental values. Courses at the under-graduate and post-graduate levels are offered to sensitize students to various aspects of the environment. The Industrial Standard and Research Institute (SIRIM) has also launched an environmental protection programme among small and medium-sized industries. Local authorities provide training to their staff to equip them with a comprehensive understanding of environmental cleanliness management. In their effort to disseminate information, the Department for the Environment and the National Film Department have published and distributed various information to increase society’s awareness and knowledge of current environmental issues. The steps that society can carry out to rehabilitate the environment are also highlighted. The primary steps that can be taken are explained below.

5.2.3.2. Non-Governmental Organization Programmes Non-government bodies are not left behind in efforts to conserve the environment. Programmes implemented include activities for schoolchildren, quiz and awareness campaigns such as “Love Our Rivers”, “Tree Planting Campaign”, “Clean and Beautiful Campaign”, “Haze Awareness Campaign” and teaching the society about conservation of natural resources or the environment. These activities are further reinforced by exhibitions with the cooperation of the media and the private sector.

The Malaysian Business Council through sustained development and the Malaysian Business Council for Sustained Development established in 1992, encourage the business community to be committed to protecting the environment. Businessmen are guided to give top priority to quality of the environment. At the same time, the endeavor to create an environment of quality is sustained by the Malaysian International Business and Industry Assembly through the 16 principles of the Business Charter for Sustained Development that are applied when handling environmental problems. In the same vein the private sector sponsors recycling campaigns and the disposal of solid things like aluminum tins, plastic, bottles and papers.

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5.2.3.3. International And Regional Agreement Government concern for the environment is clearly seen in the UNCED conference in Rio De Janeiro, Brazil, 1992. The action plan known as Agenda 21 involves integrated strategies drawn up as the basis for the international society to put environment and development together with its implementation under the supervision of the Commission for Sustained Development. The government’s concern, recognized internationally was clearly proven when Malaysia was picked as the location for follow-up action to the Rio Conference.

In fostering commitment on the environment, Malaysia was directly involved in the Framework of Climatic Change Convetion – FCCC, the Biological Diversity Convetion, the Basel Convention On the Movement and Disposal of Dangerous and Toxic Wastes Across Boundaries, the RAMSAR Convention and the Desertification Convention. Malaysia is actively forming the mechanism to protect the environment through the Convention on Ozone Diminishing Substances and the reforestation issue. The question of sustained protection of the environment is also brought to the international arena through the General Agreement on Tariffs and Trade (GATT), the Group for Environmental Measures and International Trade (1994), and the World Trade Organization (WTO). Financial aid from the Montreal Multilateral Protocol Executive Fund also increases awareness activities to take care of environmental quality. The National Committee on Climatic Changes was formed to draw up a scientific research programme related to socio-economic development, especially on global warming and the rising sea level that brings effects on the environment. Malaysia’s concern continues to be portrayed in the country’s stress that it is not satisfied with the lack of transfer of environment friendly

financial and technological resources from the advanced to the countries of the South. The government constantly fights for the transfer of technology at a reasonable cost and urges developing countries to jointly emphasize the importance of environment in regional and international development.

5.2.4.

CONCLUSION

The government has taken strategic measures to enhance the quality of the environment through various methods including legislation to control and prevent negative effects such as air and water pollution. Malaysia continues to be concerned by pressure and active involvement even to the international level in the management of the environment and natural resources. The concern for the environment continues to be applied until it becomes a practice for the people of Malaysia to love a clean, safe and healthy environment while sustaining national development. Consciousness and commitment that come from the heart of every Malaysian to continue to protect and conserve the environment becomes a responsibility that contributes towards national development. The heritage of a natural environment and natural resources constitutes an invaluable possession. Effective management is very important to place Malaysia as a safe and healthy nation even though it is rapidly developing.

5.3.

HUMAN DEVELOPMENT

5.3.1.

INTRODUCTION

Tolerance developed through combining wholesome physical and spiritual values is an important defense for all Malaysians, especially the young to counter various challenges of increasing complexity. A more challenging way of life demands that Malaysians have the right attitudes to continue their peaceful kind of life. Future Malaysians should be citizens with principles capable of contributing to the progress of the country and ready to face the challenges of the future wisely. Pure steadfast visions will produce a Malaysian nation filled with enthusiasm, resolution and commitment that can wipe out all negative ills. Malaysia will not be able to achieve a stage of development that is economically, socially and politically strong without the involvement of the people as a whole. Self or collective enhancement does not mean only strength in materialistic values but also a strong mind that can reject all weaknesses such as moral decadence, corruption and drug abuse. Page

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5.3.2.

SPECIAL GOVERNMENTAL HUMAN DEVELOPMENT PROGRAMMES

The government implements many programmes through various ministries such as the Ministry of Youth, Ministry of National Unity and Social Development and the Human Resource Ministry and the Ministry of Education carry out programmes for human development to create a defense to fight against negative social ills. The Ministry of National Unity and Social Development, set up on 27 October 1990, has as its objective, social integration among different races; social welfare aid, integration of absrcinal tribes; the protection of women’s interest; and coordinating population and family development progra mmes. The Ministry of Human Resources plays the role of protecting the interest of the workers through the concept of harmonious relations between organizations and coordinating the planning of development programmes for skilled, productive and disciplined workers. Human resources with positive values will contribute towards the development of religion, people and country. Table below explains the efforts of the country in the implementation of human development programmes by the Ministry of Youth and Sports through Core programmes and Prime Agenda, National Social Service and the action Plan of the Malaysian Youth Council. Under the 7 th Malaysian Plan, the Ministry of Youth and Sports trained a total of 200,000 youths in leadership especially young people who have left school, those in institutions of higher studies, and other youngsters. It was hoped that the programme would produce young leaders with a strong sense of responsibility towards religion, the people nad country. The government placed special emphasis on social service to enhance the quality of life and the well-being of the people so that the people would be more productive and have positive values of life. Positive living values were encouraged among the people to build a strong and progressive society. 5.3.2.1. No. 1

Human Development Through Prime Agenda, Core Programmes And Ministry Of Youth And Spports’ National Social Services Programme Strategy Prime agenda to To mobilize efforts to create a younger generation that is; Dynamic, Creative 

enforce youth development

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

 



2

Core Programmes









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With vision, entrepreneurship and culture founded upon knowledge, skills, technology and up-to-date information system Highlight youth activities through informal training that emphasizes awareness of lifelong education in line with Malaysian and eastern religions and moral norms To sustain efforts in creating a frontline of dynamic and capable leaders To reinforce integrated cooperation between government, private and nongovernment organizations Promote a culture of peace through thoughts and activities that have as roots, the esteemed local culture Prime Leadership Programmes - Leadership training for a total of 200,000 youths - Skill development programmes: - Vocational training in the National Institute of Skills for Youth - Center for Industrial Training, MARA and industrial parties Programmes for the development of entrepreneurs - Motivation and entrepreneurial management training - Increase the number of entrepreneurs Programme for developing personality - Studies on potential in various areas - Physical development projects through the Institute of Skills for Youth, Computer Centers and Youth Activities at the district and national level Implement the Young Comrades (Rakan Muda) Programme: - Application of new approaches through the Young Comrades Principles and the Young Comrades Code of Practice - Focusing on youths who need attention including drug cases


3

National service

social





4

Malaysian Youth Council (MYC) Action Plan











 

Form a generation of young people who can face social tests through self control accompanied by values such as: - Patriotism - Sturdy identity Apply various core modules that include: - Core Module (10 days), - Sports Module (5 days) and - Career Development Module (5 days) MYC can be summarized as the agent for reformation and socialization because of: - Recognition of various levels of youth movement especially in terms of permission, support and encouragement - Mobilize efforts to activate youth organizations to attract more youths to take part - Networking integrated programmes that involve different parties Reaffirm the role and functions of youth movements especially among school leavers Stress on aspects such as: - Spirit building - Values of community development Foster joint unity movements with the government through Prime Leadership programmes Diversify youth movement activities especially information technology to enhance the status of the nation and that of the people Ensure effectiveness in planning, implementation and evaluation Upgrade the quality of youth leadership so that they play the role of decisionmakers, counselors, “parents”, peers and so on.

 





 

Draw up youth policies according to current needs Emphasize the solving of moral problems especially to handle teenage social ills Prepare infrastructure and physical facilities for young people to interact, such as Young Comrades Centers (Rakan Muda) Improve the ability of youths to handle the influence of cultures and outside forms of entertainment that are not in line with local values Encourage and develop healthy culture as a sustainable socialization tool Encourage the discussion of theories or views that are in line with local culture

5.3.2.2. Social Development Through National Integration An Development Of Human Resources No. Programme Strategy 1 (Ministry of Unity and Social Foster unity among the races Development ) Reduce the economic development imbalance between - National Integration states and urban and rural areas

- Social and Community Development - Natural Disaster Aid - Moral Reform Centers (especially for adolescents) - Tunas Bakti (“Young Potentials”) schools - Reform Homes - Development

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Inculcate values and spirit of cooperation and responsibility to overcome problems through community projects such as rehabilitation centers, welfare homes and Prime Welfare Brigade Inculcate the spirit of mutual help for unfortunate and poor families Give help and moral support to adolescents faced with social problems so that they will change for the better and can contribute to national development Strengthen the institution of the family to produce responsible citizens MPU2113 Malaysian Studies

Promote and determine methods or techniques to create strong families

2

(Ministry of Human Resources)

Development human Create a work of force thatresources is disciplined and productive Improve the skills needed to manage future challenges including industrial development

5.3.2.3. Ministry Of Education Programme For Human Development The Ministry of Education (MOE) also applies and comes up with different programmes related to human development especially for educators through the National Education Philosophy, Islamic Education specifically for Muslim students, the Integrated Curriculum for Secondary Schools (KBSM) and school counseling service. No. 1

Programme Philosophy of National Education

2

Islamic Education (specifically Muslim students)

3

Integrated Curriculum

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Secondary

for

School

Strategy Integrated and overall development of the potential of an individual Create human beings who are balanced and harmonious intellectually, spiritually, emotionally and physically, guided by their belief in and obedience to God Produce Malaysian citizens who are - Knowledgeable - Resourceful - Noble in character - Responsible - Capable of achieving personal well-being - Contribute towards social and national harmony and prosperity Build up the potential of the self for forming good morals, behavior and attitudes following God’s teachings Inculcate behavior as underlined in the Koran and the Sunnah Develop human beings who can lead society to a peaceful and happy life Encourage and form quality knowledge to strive for excellence in life Integrated, overall development of the potential of an individual through learning, practice and edification Physical, spiritual, emotional and intellectual development of harmonious values through language and skills Provide opportunity to students to look for and explore knowledge Produce students with noble characters and capable of achieving well-being for himself, society and country Build a generation of caring young people


4

School Counselling Service (in Kindergarten, primary and secondary school)

Inculcate academic excellence, career, psychosocial, peace of mind and parenthood Develop students with positive personality and an interest towards neighbours, teachers, parents, friends, school, society and country Inculcate values of a happy family life Implement family counselling programmes through activities Understand the family culture including interaction, family structure, and role Disseminate information on family through activities, advice, stories, discussions, seminars and conferences Make the counselor a leader so that - Schools and families can interact effectively to solve educational problems - Information sharing takes place between the students and the school and families - The student understands what is wholesome behavior

5.3.3.

COMPETITIVENESS AND SELF-CONTROL

5.3.3.1. Moral Strength Competitiveness will exist if every citizen is ready to look for technical and spiritual knowledge, which is necessary to stabilize the national economy and to sustain peace through high moral values. High moral values can overcome negative ills that can threaten national harmony and development.

A competitive citizen is one who is always carrying out activities directed at quality development and who is respected, applauded and looked upon as a role model by other countries. Thus, Malaysian should be able to make Malaysia an example of success not just technologically, culturally, economically and politically but also spiritually, based on a firm belief in God. Various programmes and government policies can be adapted and taken advantage of for moral sustenance to create competitiveness and self-control, such as Vision 2020’s and Plan of Action For Social Ills in Selangor (Zainal Abidin Ahmad, 1988) Factors To Strengthen Moral for Developing Competitiveness and Self-Control No. 1

Factor Stability in life

Strategy Improve the standard of living to world standard for a stable life

3

Strengthen the economy as a whole for the well-being and welfare of Economic development the people for well-being Build up a strong socio-economic foundation to overcome social Overcome social ills problems

4

Productivity

5

Political stability

6

Agreement integrated unity

7

Change according needs and time

2

Increase productivity to enhance national inceom Build up a strong political system to create an environment of peace in the country

and

Develop a high level of agreement and unity among all races in and outside the country

Determine and implement appropriate changes accordingly to to develop the country in various fields such as information technology Develop skills and advancement based on integrated knowledge

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8

Knowledge culture

9

Quality Culture

10

Health Culture

Priority to quality when producing a product or service to the people Priority to a continuous high standard of health for the people

5.3.3.2. Continuous Peace And Harmony Continuous peace and harmony constitute the lifeblood of the country’s development and progress. This basis should be built first. All manpower, skills and knowledge should be united to sustain peace and harmony founded on wholesome values to construct quality living. Malaysians brought up with high morals and ethics view a peaceful and harmonious life as the pivot for a lasting civilization. Table below contains a number of steps that can be taken advantage of for creating social well-being and harmony.

Factors For Building Social Well-Being No 1 2 3

Factor Balanced basic qualities Strong character Expert

4

Understand history

5

Generation stouthearted determined

that

Objective To build intellectual quality or lifelong knowledge Have perseverance and be firm in the face of challenges Produce a generation that is strong in language and knowledge to translate various fields Produce a generation that understands and practices the wholesome values of Malaysian history for continuous peace and prosperity in the country

is and

Create a generation with firm endurance and determination to face challenges

5.3.3.3. High Self Respect Every Malaysian can contribute towards the country’s progress through qualities of self -control such as high respect for oneself. Respect needs to be protected and improved to achieve excellence. In this age, honour can present a person or a country from being subjugated. The strength of self-respect does not apply only to military strength but also the protection of self-respect in terms of overall political and socio-economic stability. The following are behavioral values that can build up high self-respect:

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.

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Not easily disappointed Always proactive and looking for opportunities to pursue ambition Brave Fair Confidence Honest Always improving work standards Protect and value local traditional culture Dynamic and changes according to the passage of time Staunch in religious teaching Masters and puts into practice in an integrated manner various areas of knowledge Is patriotic to the country Strives for excellence until the Malaysian nation is respected and held in high esteem Industrious, persevering and patient in the face of challenges

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It must be remembered that fulfilling these values and behaviours must be done in a wider perspective taking into account national rules and social norms. Being brave, for example, without turning one’s back on the

country’s laws even though the act is to uphold justice or to defend the nation’s respect. The freedom of speech and basic human right to form association is allowed by the Constitution. However, it should be done within the limits of the country’s laws and the norms of the society to avert any negative outcome.

5.3.4. 5.3.4.1.

WHOLESOME VALUES IN THE CONTEXT OF GLOBALISATION

Development Of World Standard Knowledge The country places great emphasis on the development of knowledge like information technology that is sophisticated and of world standard, as an important resource for developing the country. IT has become a field of knowledge for building up the country’s defense. IT can be made use of to develop the people in various

aspects of life, for example, religion, culture, economy, and politics. It can be made use of for disseminating information on Malaysia’s excellence and successful achievements internationally through the system of

broadcasting using electronic media in particular, the computer. The Multimedia Corridor is an example of an international arena that can exalt Malaysia’s image. It is the one technological arena that will balance Malaysia’s position in the universal phenomenon of IT advancement which will all at once push up the nation’s development status. Table below shows the MSC as a programme of national concern to place the country’s IT in the global arena.

MSC – Universal Standard IT

Aim To know and to identify all advantages and disadvantages of the universal explosion of information technology 



To develop the endurance to prepare oneself for constructing the best mechanism to choose and to adapt information obtained from within and outside the country to the way of life of the people Make use of a smart city, that is Putrajaya, as the launching pad for world standard IT development Programme Strategy Electronic government Government administration center that uses the concept of sophisticated multimedia Computerised information network that links with various organizations through the electronic method such as video conferencing meetings and sharing of database, line for sharing information with businessmen and the public, within and outside the country Smart School Schools obtain and share information through the Internet Telemedicine Long distance medical education, diagnosis and treatment through information network Making Malaysia a smart telemedicine center Research and Development Develop R&D centers in corporate bodies and universities within and Complex (R & D) outside the country 





National card for diverse uses (I-card)

Borderless marketing center

Become a base for the study of the world’s first national multi-applications

card. The card can be used for miscellaneous items, as a credit card, telephone card, club-membership ard and card for dealings with the government sector Create the best electronic services for clients in the Asia Pacific market Functions as the best platform for electronic commerce (EC) and technical support services Create a regional center for control purposes and to offer a regional network for management support specifically in terms of designing, manufacturing and distribution center  

Web

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Provide daily 24 hours and 365 days operations throughout the world by using information network and logistics at a very reasonable price


6.7.

WHY DOES MAN NEED RELIGION?

6.7.1.

RELIGION

6.7.2.

THE ROLE OF RELIGION TO MAN

6.8.

THE SPREAD OF RELIGION IN MALAYSIA

6.8.1.

ISLAM

6.8.2.

BUDDHISM

6.8.3.

HINDUISM

6.9.

ISLAM IN THE CONSTITUTION OF MALAYSIA

6.9.1. 6.9.2.

ARTICLE 3: RELIGION OF THE FEDERATION ARTICLE 11: FREEDOM OF RELIGION

6.10.

ISLAM AND THE PLURAL SOCIETY

6.10.1.

BUILDING RELATIONSHIP/AL-TAARUF

6.10.2.

BROTHERHOOD/AL-UKHUWAH

6.10.3.

COOPERATION/AI-TA’AWUN

6.10.4.

UNDERSTANDING/AI-TAFUHUM

6.10.5.

LOVE/AI-MAHABBAH

6.10.6.

SOLIDARITY/AI-TADHAMUN

6.11.

RELIGIOUS TOLERANCE

6.11.1.

THE PRACTICE OF RELIGIOUS TOLERANCE IN MALAYSIA

6.12.

CONCLUSION

Religion is one of the main features in a strong civilisation. In fact, religion is the distinctive feature that marks one civilisation from another. Religion highlights the nation’s customs or belief system. A civilisati on cannot

exist or fail to develop if it merely depends on physical growth and development. Malaysia is a nation with a plurality of race, religion, and beliefs.

6.1.

WHY DOES MAN NEED RELIGION?

Religion is a form of relationship between man and a supreme power. It is a sacred relationship whereby man believes that this supreme power (referred as God) can provide protection and safety. Generally, religion is the manifestation of the relationship between man and the Almighty. It also represents human dependence on the Almighty. Furthermore, religion serves:       

To unite society To enhance the spirit of nationalism A source of governance Determines tradition and culture Upholds the values of society Upholds civilisation Serves as a tool for unity

6.1.1.

RELIGION

Religion is divided into two categories i.e. revealed religion and man-made religion. Revealed religion is a religion based on revelations from God to humans, for example, Islam and Christianity. On the other hand, a man-made religion is a religion created through a body of human philosophy and occasionally. They srcinated from collective thoughts and reflections of thinkers of those times, for example, animism, Confucianism, Hinduism, Buddhism, Sikhism, Tao, Shinto and primitive religion. Page

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Following is the main difference between religion and a belief system. Religion is a form of sacred relationship between man and a supreme God which includes the conviction that there is life after death and the day of judgement for the retribution of all actions of humans. Beliefs refer to what a society considers to be acceptable behaviour and the acceptable traditions within that society. These accepted norms and traditions are inherited over time from one generation to another. A belief system, unlike religion, does not hold on to the concept of life after death and retributive day of judgement.

6.1.2.

THE ROLE OF RELIGION TO MAN

Every person alive needs a set of convictions to live by which provides direction and guidance, as well as a channel of supplication. Religion is the source of which humans find comfort form their daily challenges. What is the actual role of religion? Firstly, religion is the foundation for moral values. It is the foundation for spiritual growth and food character. It is also the basis for moral values for every human being. All human are naturally and intrinsically inclined towards goodness, peace and security. Religion enables human beings to cultivate within themselves good traits like respect for others, honesty, decency, trustworthiness, respect for parents, teachers and other. Secondly, it is the source of law and good governance. Islam is the Malaysia’s national religion which is stated

in Article 3 of the Federal Constitution. Before the coming of Islam, the Malay state had already adopted Islam as the religion of the local Malay community. Afterwards, Islam was made the foundation for the system of governance in the country and this continued until independence and the formation of Malaysia in 1963 was achieved. Today, Islam is the thrust for the system of administration and governance in Malaysia. Furthermore, religion is an identity to its followers. This is evident especially from the large Malay Muslim community in Malaysia. Islam had given a common identity to the Malay people in their choice of attire, conduct, art, customs, thinking style and in fact, the entire lifestyle of the Malays. This can also be observed from followers of the other religion, for example, the Indian community who are Hindus. Through religion, their identities can be known from the way their culture, dressing, food, and others. Besides, it is culture and arts. In most cases, religion has also shaped the culture and arts of a particular race. As in the case of an identity, culture and religion are also related. Many forms of dances and arts are inspired from religion. Above and beyond, religion is the foundation of a civilisation. A great civilisation is gauged from the way it emerges, its rise and fall of its religion. All civilisations in the world begin with religious rituals. In many instances, a civilisation is built when the people submit to a religion and falls when the people depart from religion. Moreover, religions plays a role in enhancing the spirit of nationalism or patriotism. In Islam for example, the followers are taught to defend the honour of the religion, its race and country from being enslaved and oppressed by those who wish to destroy Islam. Followers who die while defending the religion and the country are considered martyrs. Last but not least, it can strengthen unity in the society. As for Islam, many excerpts from the Quran and Hadith urge its followers to be good to each other, to help one another regardless of race and social backgrounds or religion. Islam encourages mankind to get to know each other and to stay away from disputes.

6.2.

THE SPREAD OF RELIGION IN MALAYSIA

In the context of Malaysia’s plural society, each race, especially the three largest: Malay, Chinese, and Indian have their system of beliefs. At times, there are shared customs and there exist similarities. This has made cooperation and understanding among members of the Malaysian society easier. Page

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What is a belief system? Within the Malay community, belief is usually linked to religion, that is their belief in God and the unseen Islam is the religion of the Malays. The Chinese and Indian communities too have their own religion and sets of beliefs. There are those among the Chinese and Indian communities who are Muslims, Hindus, Buddhists, and Christians. However, most Chinese are Buddhists and most of the Indians are Hindus. Today, a large section of the Chinese and Indians in Malaysia are Christians. Belief in God became the main pillar in national unity when it was made the main declaration in Rukun Negara. The aspect of divinity and belief in God in very important so that humans have faith and are guided towards living a life that is complete.

6.2.1.

ISLAM

Islam arrived in the Malay World as early as the 13 th century and maybe even earlier. The arrival of Islam in Malaya was proven through the discovery of the Batu Bersurat Terengganu dated 1212. The spread of Islam in th Malaya steadily grew with the emergence of the Malay Melaka Sultanate during 15 century. Islam thrived when the Raja Melaka embraced Islam followed by the people of Melaka. Islam thrived further during the Malay Melaka Sultanate when the royal palace was made a centre for Islamic learning. At this time, Islam spread through several ways; the role of trades: marriage: and trade. The arrival of Islam in the Malay World largely the lives of the Malays community at a time, when the belief in animism, occult and superstition was still prevailing. Islam teaches mankind about God, that is the oneness of Allah and the Prophet Muhammad SAW is the Messenger of Allah and last of the Prophets. Man was created by Allah on this earth as a Vicegerent ( Khalifa) of Allah and Man are required to be pious and be faithful only to Allah. There is no God but Allah. The arrival of Islam was easily accepted in the psyche of the Malay community because Islam is a simple religion to understand and easily practised and incorporated in their daily lives. Furthermore, the Islam way life had already been practised in the daily lives of the Malays such as their way of dressing, socialisation, diet, human relations, and others. Today, Islam is accepted by various levels of society in Malaysia. Chinese and Indians are also Muslims and they embraced Islam on their own will. There are also among these two races who embraced Islam through marriage with Muslim Malays. This is called the concept of amalgamation. Important days in Islam 

The month of Ramadan

This is the ninth month in the Hijra year when Muslims are required to fast for a month. In the month of Ramadan, Muslims are taught to restrain themselves by not eating and drinking during the day and to control themselves from certain actions that nullify their fast. Fasting is an obligation that must be fulfilled by Muslims for the purpose of instilling in one’s soul the values of patience and compassion in understanding the struggles of others. Fasting also rests human’s stomach and is beneficial to health. In

the month of Ramadan, there is a special night called Lailatul Qadar (the Night of Power) when all Muslims are encouraged to gain pahala (reward) promised by Allah for the night. 

The Month of Syawal

It is celebrated to mark the completion of a month of fasting, abstaining from food and drink and other acts that would nullify their fast. The arrival of the month of Syawal marks the arrival of the Hari Raya Adil Fitri celebration. On that day, Muslims observe the Aidilfitri sunat prayers, after which they call on their neighbours, relatives, and friends and seek forgiveness. The Hari Raya celebration is made more festive with the preparation of various delicacies. 

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Maal Hijrah

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It is very meaningful and important day to be remembered by Muslims throughout the world. This day marks an important milestone in the Islamic Calendar. On this day, the Prophet Muhammad SAW migrated from the City of Makkah to the City of Madinah in 622 AD. Symbolic to this hijrah (migration), Muslims are encouraged to change, to reject bad or poor traits, to embrace the good for religion, self and the society. Therefore, hijrah here is also taken to mean bringing changes in one’s life towards living a better life. 

Maulidur Rasul

This day is celebrated by Muslims throughout the world to commemorate the birth of the Prophet Muhammad SAW. He is the last prophets sent by Allah SWT. TheMaulidur Rasul celebration is filled with religious lectures, processions, the recitation of selawat and the Maulidur Rasul ceremony in commemoration of the birth of the Prophet Muhammad SAW. 

Hari Raya Haji (Festival of Sacrifice)

This is a festival celebrated by Muslims throughout the world on 10 Dzulhijjah. On that day, Muslims observe the Aidiladha prayers which is followed by the Qurban (ritual sacrifice). Hari Raya Haji is an important festival for Muslims. On that day, Muslims commemorate the Prophet Ibrahim’s sacrifice in submission to Allah’s command. 

Nuzul al-Quran

This is a commemoration of the first revelation of the Holy Quran revealed to the Prophet Muhammad SAW. It was revealed in stages until the last revelation as the Al-Quran in its present form. This first revelation was received by the Prophet Muhammad in the Cave of Hira’. The Quran is the greatest miracle of the Prophet Muhammad SAW because theQuran became the divine guidance to humanity.

6.2.2.

BUDDHISM

Buddhism is one go the earliest religion that arrived in the Malay World. The arrival of this religion is proven through the existence of Buddhist ancient tomb temples called candi in the Bujang Valley, Kedah. However, with the arrival of Islam, many people in Malaya embraced Islam. In the context of the Malaysian society of today, most of the Chinese in Malaysia are Buddhists and some are Christians and Hindus. Other than the Chinese, the Thais who live in the states of Kelantan, Kedah and Perlis are also Buddhists. Historically, Buddhism was founded by Siddartha Gautama. He was a prince from India known asShakyamuni. He was prompted to meditate in search of the truth. His meditations led to the birth of Buddhism. The teachings of Buddha emphasized several cycles of life: sila, meditation, awakening, attaining Sambodhi, freedom from the cycle of birth or nirvana and the Law of Karma. However, most in the Chinese community embrace the teachings of Taoism, Confucianism and ancestral worship. Major festivals for the Chinese community 

Chinese New Year

This is the most important festival for the Chinese community. During this festival, all family members from far and near will gather at their family’s house. On that day, the house will be cleaned and all debts must be paid. The burning of firecrackers in the middle of the night marks the beginning of a new year ‘exorcising’

bad luck and bad fortune. Other than that, the Chinese community will decorate their houses with oranges as a symbol of good fortune. The centrepiece of the main meal during Chinese New Year is Yee Sang and Kuih Bakul (Layer Cake). On the eve of the New Year, the family will hold a grand feast of traditional dishes such as roast duck and grilled meat, mandarin oranges and so on. The tradition of visiting is also practised, whereby the young will visit the old and they will receive Ang Pau (red packets).

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

Chap Goh Mei Festival

This is celebrated on the 15 th day of Chinese New Year. Chap Goh Mei or Yuanxao Jie is celebrated with prayers and the burning of large joss sticks. A grand feast is also held. During this time, they burn fireworks and the tanglung is also l ighted. For those hoping to find a good husband, they will throw tangerines in the sea or river. 

Mid-Autumn Festival

The Mid-Autumn Festival is a traditional Chinese community festival that is celebrated on 15 th day of 8th month in Lunar Calendar. According to cultural history of the Chinese community, this festival was first celebrated during the reign of Shang Dynasty. During this festival, the Chinese will prepare their traditional food and mooncake. On that night itself, everyone will come out to playTanglung, watch dragon dances, firecrackers, fireworks and others. 

Ching Ming

It is a festival known as ‘Ancestor Memorial’. Ching Ming is on 5 th April and it is a festival to remember the

departed. Relatives will go visit the graves and bring foods or flowers. There are also those who create replicas of cars, money, houses and so forth to be burnt as a symbolic gesture to be departed. 

Chung

This is a festival celebrated in the memory of a prominent figure in the Chinese community of long ago named Quwuan. He was a politician and poet who loved this country. He criticised the many shortcomings of the Chinese government. His criticisms led him to be thrown into the river. To commemorate that incident, the Chinese will cook dumplings made from glutinous rice and it is floated down the river as what was done long ago to avoid the fishes from eating the corpse ofQuwuan. This festival is also known as the ‘Dragon Boat’ festival.

6.2.3.

HINDUISM

Hinduism is usually related to the Indians because many from the Indian community in Malaysia are Hindus and only some are Muslims, Christians and Buddhists. Historically, Hinduism srcinated from India. Major festivals for the Chinese community 

Deepavali

This is celebrated on 14th day of Aippasi month in the Tamil calendar. Among the importance of this festival is to celebrate victory over evil and spiritual darkness. On Deepavali, the Hindus decorate their houses with lamps and candles, play fireworks and distribute sweets and gifts. They also participate in prayers on that day. 

Thaipusam

Thaipusam is celebrated in honour of the Hindu God, Lord Murugan. Thaipusam is the day for the Hindu devotees to fulfil their vows and atone for all their previous sins. Therefore, the Hindu devotees will implore for help from Lord Murugan. During this festival, devotees will shave their heads, carry kavadi (burden) either on their shoulders or on their heads. A kavadi is usually made of a few wooden or steel rods with the idol of Lord Murugan placed on top. 

Tamil New Year

This day is celebrated on 14 th April and it is a new year for Indians. On the morning of that day, they will take an oil bath, after which they will go to the temple to pray. They will also for forgiveness from their parents during this New Year celebration.

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

Celebrating the Gods’ Festivals

These are celebrated in the months of April and October. In April, the celebrations are for Lord Panguniutharam and Lord Murugun, whereas in October, the celebration is for Lord Vinayagar, also known as the Elephant God. 

Ponggal

There are three important days in the festival of Ponggal, the first day is called Ponggal (harvest festival), the second day is called Mattu Ponggal (thanksgiving to cows and bulls) and the third day is called Kanni Ponggal (for unmarried women). The Ponggal festival is a day when people will cook rice with milk in an earthenware pot.

6.3.

ISLAM IN THE CONSTITUTION OF MALAYSIA

The Constitution of Malaysia is unique for a country with a plural society. This uniqueness can be seen in its formation that takes into account the needs and interests of the multiracial society in Malaysia. This means that all races and ethnicity in Malaysia has a place in the system of government of Malaysia. As a sovereign country, every individual regardless of their religion and culture must respect the Constitution. This is due to the fact that the Constitution is the supreme law of the country and the actions of its citizens are subject to the Constitution. There are accustomed or traditional features in the existing Constitution which emerged from an agreement between the Malays and non-Malays during independence and the first legislation. This was referred to as the elements of Malay tradition or referred today as the social contract. The traditional elements of the social contract include Islam, the Malay language, the special position of the Malays and the Bumiputra in Sabah and Sarawak and the monarchy. All the following Articles are protected under the Sedition Act. This means that anyone who questions any of the above elements will be charged under the Sedition Act. This is because the elements of tradition are regarded sensitive and if it is discussed openly would affect the course of the system of government of Malaysia.

6.3.1. 

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ARTICLE 3: RELIGION OF THE FEDERATION Islam is the official religion of the Federation: but other religions may be practised in peace and harmony in any part of the Federation. In every State other than States not having a Ruler the position of the Ruler as the Head of the religion of Islam in his State in the manner and to the extent acknowledges and declared by the Constitution, all rights, privileges, prerogatives and powers enjoyed by him as Head of that religion, are unaffected and unimpaired; but in any acts, observance or ceremonies with respect to with the Conference of Rulers has agreed that they should extend to the Federation as a whole each of the other Rulers shall in his capacity of Head of the religion of Islam authorise the YDPA to represent him. The Constitution of the States of Melaka, Penang, Sabah, and Sarawak shall each make provision for conferring on the YDPA shall be Head of the religion of Islam in that State. Nothing in this Article derogates from any other provision of this Constitution. Notwithstanding anything in this Constitution the YDPA shall be the Head of the religion of Islam in the Federal Territories of Kuala Lumpur and Labuan; and for this purpose Parliament may be law make provisions for regulating Islamic religious affairs and for constituting a Council to advise the YDPA in matters relating to the religion of Islam. The discussion of Article 3 is closely related with Article 11 of the Constitution. While Islam is the religion og the Federation, the practices of other religions are allowed under the Constitution.

Rationale for Article 3

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Article 3 in the Malaysian Constitution has its own rationale. The native population in the Malay Peninsula are the Malay Muslims. As the religion of the majority, it is hence relevant that Islam be made the religion of the federation. Historically, Islam was accepted as the main religion since the Malay Sultanate of Melaka until the British colonial rule. Legally too, Islamic law was recognised by the Malay states before and during the British colonial rule. Furthermore during the British colonial rule, the position of Islam was not interfered with the British left all matters related to Islam to the Malay Rulers. The additional rationale is, even though Islam is the religion of the Federation, freedom of religion is guaranteed in the Constitution. In this regards, the non-Malays need to understand that the practises of their own religions are not compromised and they are free to spreads, practise and propagate their religions to the extent that they do threaten public safety. There is no discrimination between the Malays and non-Malays on the grounds of their difference in religion. Even though the Constitution provides for freedom of religion and the freedom to propagate the religion to others, this freedom does not extend towards the Muslims. This means that they cannot propagate their religion to Muslims. This must be clearly understood by persons of other faith so they will not harbour any prejudice towards Islam and the Muslims. This matter has already been explained in the Constitution through Article 11. Article 3 is also important because it emphasises the freedom of every person in Malaysia to practise her religion in peace and to refrain from actions that may threaten public safety. This article denotes that despite the freedom of each religion to practise its ritual, public safety and social sensitivity is still of paramount importance.

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ARTICLE 11: FREEDOM OF RELIGION States that other religions may be practiced in peace and harmony anywhere within the Federation since freedom of religion is guaranteed in the Constitution. Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it. Through Article 11 (4), state law and federal law may control or restrict the propagation of other religions to Muslims. No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own. Every religious group has the right o To manage its own religious affairs o To establish and maintain institutions for religious or charitable purposes o To acquire and own property and hold as well as administer it in accordance with law. State law and in respect of the Federal Territories of Kuala Lumpur and Labuan, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam

6.4.

ISLAM AND THE PLURAL SOCIETY

Malaysia is a multi-racial, multi-religious, multi-cultural and multi-lingual country. In other words, Malaysia is a multiracial country which comprises different ethnic groups with its three majority ethnics of Malay, Chinese, and Indian. Other minority ethnics are Baba Nyonya, Singh, Siam, Javanese, Minangkabau and different ethnics in Sabah and Sarawak such as Kadazan-Dusun, Melanau, Iban, Bajau, and others. Even though outsiders/foreigners see the Malaysian society as a multicultural, Islam is still the official religion of the Federation as enshrined in the Constitution. Therefore, questions arise on how Malaysia manages religion and society that are multicultural with multiple beliefs. The fact is all human in this world regardless of race and religion is created by Allah SWT. The term plural society in Islam is referred to in a verse of the Quran:

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O mankind, indeed We have created you from male and female and made you people and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is most righteous of you. Indeed, Allah is Knowing and Acquainted.

(Surah al-Hujurat 49:13)

This verse means that Allah created Mankind to learn about one another. Thus, mankind was deliberately created by Allah on this earth to constitute different races, backgrounds skin colour, preferences, language, religion, and way of life. During the time of the Prophet Muhammad SAW, he had already recognized diversity in race and religion. This recognition is witnessed during the establishment of the Islamic state in Madina which observed the Christian and Jewish communities in the Constitution of Madina. They were well treated, free to practise their religion and received the same rights in receiving justice. Islam at the time became the pillar of justice, tolerance, and welfare of all races. = The basic of relationship in Islam is divided to six elements, which includes building relationship, brotherhood, love, solidarity, cooperation and understanding.

6.4.1.

BUILDING RELATIONSHIP/AL-TAARUF

Building relationship or in Arabic, Al-Taaruf, means that mankind is created by Allah with different looks and skin colour so that they may build relationship between one another and live in harmony. They cannot be hostile towards each other. The practice of this c oncept suits the context of Malaysia’s multi -racial and multireligion society. Every race needs to nurture relationship amongst between them. As an example, the Malays must know their neighbours even though they are from different races. Building relationships will prevent misunderstandings or prejudice among races.

6.4.2.

BROTHERHOOD/AL-UKHUWAH

Brotherhood or al-Ukhuwah means that Islam encourages Muslims to live along the lines of brotherhood among their Muslim brethren. In this case, all Muslims are brothers. Al-Ukhuwah also means relationship based on brotherhood is more important than ties based on blood ties and ethnicity. The unity of the ummah is based on the strength of a community. In the context of Malaysian society, all races must have strength in unity regardless of religion and ancestry to fight against clear or hidden enemies.

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COOPERATION/AI-TA’AWUN Man cannot live alone. The first Man created by God, Adam, lived as a pair with Eve and evolved into the society of today. Therefore, the main path for humans is that they have to cooperate to help one another. In Islam, this relationship that was encouraged goes beyond the boundaries and beyond religion, regardless of the ancestry and status of that person. In the context of the multi-cultural society in Malaysia, this concept must be fully practised to create a loving and harmonious society. This concept must be translated through activities such as communal work for example, to maintain cleanliness of the neighbourhood and neighbourhood safety, helping out a sick neighbour and so forth.

6.4.4.

UNDERSTANDING/AI-TAFUHUM

Understanding or al-Tafahum means human or the society must understand one another. This attitude is necessary to avoid preconceptions towards other which in the end may bring about hostility and conflict. Conflicts especially involve in religion is due to lack of knowledge towards the religion and the sensitivity if certain races which is usually referred to as prejudice. In this case, when a race does not understand the sensitivity and the religion of other races, prejudice may arise, which result in misconception towards other races. Among the religious issues and conflicts in Malaysia is the use of the word ‘Allah’, arson attacks on surau

and churches, making fun of other religions in the social media and so on.

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6.4.5.

LOVE/AI-MAHABBAH

Love or al-Mahabbah is a blessing from Allah to Mankind that must be sown in the hearts of all members of the society. Love is the bond that holds a community. Love is the bond that holds a community. Love protects the community for shameful attributes such as envy, hatred, hostility and others. In the context of the Malaysian society of today, all races must have love regardless of race and ancestry. For example, help given by someone should not be limited to the same race of the same faith only or help and cooperation extended only to people of the same race or religion.

6.4.6.

SOLIDARITY/AI-TADHAMUN

Solidarity means that each human being in a society must have the desire to protect one another. All members of the society must have this desire to help others who are in trouble or facing problems. In the context of the Malaysian society, even though Islam is the official religion and the Malays are given various special privileges, but other races such as the Chinese, Indian, Eurasians, the orang asli and others do have rights under the Constitution. There is no prohibition for them to practise their religion, to be given a position in the government system or to be given an opportunity to start businesses and so forth.

6.5.

RELIGIOUS TOLERANCE

A critical feature of creating unity among the multi-racial society in Malaysia is tolerance, and that is tolerance towards religion. Historically, tolerance between different races had existed even before Malaya achieved independence. This is evident from the agreement forged between the Malays and non-Malays on Islam as the official religion of the Federation. In the context of Islam, the concept of tolerance is enshrined in the Quran in Surah al Mumtahanah 60:8: Allah does not forbid you from those who do not fight you because of religion and do not expel you from your homes – from being righteous toward them and acting justly toward them. Indeed, Allah loves those who act justly.

Tolerance also means freedomfor any religion to practise it so long it does not intrude any other individual’s privacy and other religions. For most of Malaysians, religious freedom is readily guaranteed in the Constitution. This freedom created harmony in the Malaysian society since independence. An understanding of the influence and role of religion creates a society that is capable of cooperating and interacting. In other words, a harmonious society equipped in facing problems. Not only in terms of Islam, but other minority races in the Malaysian society of today are not marginalised or secluded. The Constitution gives them the freedom and guarantee to practise the values taught by their religion and belief. This freedom creates harmony in the Malaysian society since independency. This sense of harmony must be nourished and nurtured all the time and enhanced from time to time. There are several factors necessitation the implementation of religious tolerance, especially those involving society’s sensitivities. Lately, various issues and conflicts arose related to the sensitivities of the society. Among others, the use of the word ‘Allah’, arson attacks on surau and churches, parts of animals such as its head left at places of worship, affected the sensitivities between races and insulted other religions. If these conflicts are left unchecked, it is likely to become ‘cancerous’ to the Malaysian society. There are people among the

Malaysian society who dare question the position of Islam as the official religion of the country and the spread of other religions to Muslims in Malaysia. Lately, we are seeing a declined in religious tolerance because of changing times, lack of understanding towards other religions, the existence of social media, the role of the mass media had brought about racial sensitivities and external influences which are easily disseminated due to advances in technology.

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However, efforts towards nurturing awareness to the community are very important. Religious tolerance can be nurtured through the education system; by creating a subject on ethnic relations to be taught at public and private universities; through the role of mass media, government bodies and non-governmental bodies (NGO); and creating an awareness among the society of this country.

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THE PRACTICE OF RELIGIOUS TOLERANCE IN MALAYSIA The tradition of open house and mutual visits during celebrative seasons. Communal work in housing estates and neighbourhood consisting of various race, culture and background. Each religion is respected by members of different faith. All races are free to practise the religion of their choice in peace. The non-Malays accept Islam as the religion of the federation. The non-Malays exhibit respect and silence when the Azan and prayers are read during Islamic ceremonies. Non-Muslim employers allow their Muslim employees time to perform their daily and Friday prayers during work. Public holidays are granted to all races during major religious celebration e.g. Islam, Hinduism, Buddhism, Buddhism and Christianity. All races are given equal rights in the economy, politics and social pursuits without any discrimination despite the provision of the Special Privileges for the Malays and Bumiputera. All races need to understand the concept of halal and haram for the Muslims and likewise the Muslims also need to be sensitive to the other races.

6.6.

CONCLUSION

Malaysia has an excellent record as a multi-racial, multi-religious and multi-cultural nation. It is unlike other plural nations which are facing problem in balancing the freedom from the influences of values and religion in the society. A society that fails to guarantee religious freedom runs the risk of failing to create harmony.

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MPU2113 Pengajian Malaysia 2_Lecture Notes

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