THE Malaysian Bar today said it is dismayed over the suggestion that the federal constitution (FC) be amended to ensure that only Malay Muslims are appointed as the prime minister.
“What is more perplexing, if not perturbing, is the suggestion that it is the ‘understanding’ in the social contract among Malaysians that Malays are ‘expected’ to always lead in politics.
“The Malaysian Bar, coming from the perspective of an interpretation of the FC as well as against the backdrop of all lawyers practising in Peninsular Malaysia with members coming from diverse backgrounds and ethnicities, firmly believes that such a short-sighted suggestion by certain quarters could not be further from the truth in terms of what Malaysia needs to boost the rule of law,” said its president Karen Cheah.
She said the topic of multiculturalism in Malaysia continues to be a hot button issue and is a path that is well-trodden, having been discussed in every conceivable form of media – to the point that Malaysians have become accustomed to hearing the same arguments, resulting in lethargy and desensitisation from overexposure to such divisive arguments.
“The Malaysian Bar notes that the rehashing and rephrasing of these arguments due to ill-conceived statements made by irresponsible parties only serve to stir up the hornets’ nest for their own political ends as they have made no effort to verify their statements against the provisions under the FC.
“The Malaysian Bar asserts that the citizens of Malaysia must pull themselves out of this quagmire. The social contract that binds all Malaysians is the recognition that all Malaysians are equal under the law – regardless of race, religion, descent, place of birth or gender.
“This is premised on Article 8 of the FC which, as one of the fundamental liberties, has a special place as a central pillar of the FC and forms the basic structure of our FC,” she said.
Recently, Bersatu Youth chief Wan Ahmad Fayhsal Wan Ahmad Kamal said the federal constitution should be amended so that only a Malay Muslim is allowed to be Malaysia’s prime minister.
Wan Fayhsal said that this could restore Malay support for the government.
“My proposal to Anwar is that this is the best time, with a two-thirds majority, to amend the constitution so that only a Malay Muslim can be the Malaysian prime minister,” he said.
“Maybe through this, it could restore Malay support for the unity government, compared to wearing the capal (traditional sandals), singing, kissing the keris or speaking Bahasa,” he said.
Wan Fayhsal said DAP veteran Lim Kit Siang’s remarks that the federal constitution does not stop any non-Malay from being the prime minister has created unease among Malays, who were the majority race in the country.
Cheah said Article 4 of the federal constitution provides for the supremacy of the federal constitution.
Apart from Article 4 of the federal constitution, the Rukun Negara calls for, among others, constitutional supremacy (Keluhuran Perlembagaan).
“When read together with the equality provision under Article 8 that supports multiculturalism, these concepts are part and parcel of the Malaysian identity.
“Any purported suggestion that only a certain race should be allowed to take on the mantle of prime minister of Malaysia by operation of law regardless of competency and merit, betrays a fundamental tenet of the FC and amounts to defacing the Malaysian identity,” she said.
Nothing that distinguishes between races
Cheah said there is nothing in the federal constitution that supports such calls to distinguish between races and in light of the Reid Commission Report at the time the FC was constructed, it is clear that multiracialism in Malaysia was taken into account and thus formed the basic structure of the federal constitution.
The principles enshrined in the federal constitution were deliberated extensively by the Reid Commission in meetings held between June and October 1956.
In its report, Cheah said the Reid Commission made special mention of Tunku Abdul Rahman’s submission that all nationals should be accorded equal rights, privileges, and opportunities and that there must not be discrimination on the grounds of race and creed.
“Even Article 153 of the FC entrusts the Yang di-Pertuan Agong with the responsibility of safeguarding the special position of the Malays and the legitimate interests of other communities.
“Nothing in the FC supports the notion that any one race stands supreme over others insofar as the appointment of the Malaysian prime minister is concerned.
“Any attempt to enact laws contrary to Part II of the FC, including Article 8, should be struck down and deemed unconstitutional under the basic structure doctrine,” she said.
Calls to purportedly mandate the exclusive right of Malay Muslims to assume the role of the prime minister of Malaysia should be seen as anathema to the tenets of the federal constitution and a disgrace to the memory of the founders of Malaysia, added Cheah.
Such calls, she said, if made a reality, will only serve to erode multiculturalism in Malaysia by displacing other races as “second-class citizens”, unfit to serve their beloved tanah air.
“Multiculturalism in Malaysia is not only a social reality, but a legal reality as well, being enshrined as a central pillar of our FC. It is a reality that makes us Malaysians, which we all should always strive to strengthen and protect.
“Such calls, if not rejected, will invariably lead our nation down the slippery slope of ignominy and, if left unchecked, towards complete apartheid,” she added. – The Vibes, December 27, 2023
