KUALA LUMPUR – There are several provisions in the federal constitution that in their implementation reflect diversity and the importance of the races in Malaysia, said former Dewan Negara president Tan Sri Rais Yatim.
He said that among them is Article 8 which states that all individuals are entitled to equal protection of the law and it is intended to promote racial diversity.
“Under Article 8, all of them regardless of whether they are Malays, Chinese, Indians, Kadazan, Murut, Orang Ulu, or Dayak are equal before the law,” he said when contacted today.
He also said Article 153 provides for the special rights of the Malays, the Orang Asli population of any state, the natives of Sabah and Sarawak, as well as the interests of other communities.
Therefore, he emphasised that it would not be right for any party to say that the constitution places no value on racial diversity as claimed by Tun Dr Mahathir Mohamad.
“So it is sufficient to demonstrate that there are constitutional rights in the Malaysian constitution, therefore there is a diversity of interests for all races. It is inaccurate to simply state that our constitution does not recognise racial diversity and the importance of community diversity,” he said.
He was commenting on the former prime minister’s statement which claimed that efforts to promote a multi-ethnic country were unconstitutional.
Rais also said that according to Article 11, every individual in this country has the right to practise their own religion in peace, while Article 12 mentions the importance of education without discrimination based on religion, race, descent, or place of birth.
“Everyone has the right to profess and practise their religion, so Article 11 is also an example of how racial diversity is recognised through religion,” he said.
Meanwhile, constitutional expert Prof Datuk Wan Ahmad Fauzi Wan Husain said if promoting a multiracial country shows that Malaysians are of multiple ethnicities but support the identities given in the constitutional rights, therefore it is not in conflict with the federal constitution.
He said the identities include assimilating a godly life, loyalty to king and country, speaking Malay and writing Jawi, practising decency and discipline based on Malaysian local values, and upholding the supremacy of the constitution.
“… Others are accommodations in the acceptance of Islam as the federal and state religion (and) Malay customs and native customs within the framework of the constitution as a source of legislation in the determination of local custom,” he said
Wan Ahmad Fauzi, who is an associate professor at the International Institute of Islamic Thought and Civilisation at the International Islamic University Malaysia, said that efforts to promote Malaysia must prioritise national identity as enshrined in the constitution.
He explained that Article 3 of the constitution recognises Islam as the religion of the federation and it is the federal doctrine that establishes the criteria for accepting the diversity of ethnic cultural heritage in this country as Malaysia’s national culture.
“There are two levels here. The first is the cultural diversity that is to be promoted as the official or national culture; its value and form should not be interpreted as compromising Islam’s position as the federal religion.
“Secondly, cultural customs, including specific local ethnic beliefs that contradict Islamic teachings can be practised by them but cannot be elevated as the cultural identity and beliefs of the Malaysian people or nation,” he said. – Bernama, July 6, 2023
