Sunday, December 5, 2010

The Ketuanan Myth and Justice


Everyone should understand the Constitution for his or her own sake


Justice, fairness and accountability of the rulers are part of the requirements of being a developed nation of which unfortunately and sadly we severely lacked. This is particularly true when it comes between the ruling coalition and the opposition.

Whether we realise it or otherwise, that is the appalling side of our so-called democracy. If we do not belong to the ruling coalition then any dissenting views are construed as belonging to the Opposition or at least pro Opposition, though there is truth in those dissenting opinion. As long as one is affiliated to the ruling coalition then whatever statement, declaration or view coming from their mouth will not be severely criticised and prosecuted by both the ruling coalition and their mouth pieces including majority of the mass media.

While delivering his policy speech at the 2010 National Convention, Tan Sri Bernard G.Dompok openly declared that the term Malay Supremacy (Ketuanan Melayu) should no longer exist. He averred that the 'Tuan' had left Sabah and Sarawak in 1963 and in 1957 for the Peninsular Malaysia. Indeed, his concept , understanding and views of Ketuanan Melayu is shared by majority of Malaysians especially those who feel and experience that they are being sidelined and treated unfairly though they are truly Malaysian citizens.

The UPKO President further cemented his argument by saying that even if the concept of Ketuanan Melayu is actually referring to the sovereignty of the Malay Rulers, the Rulers should therefore are perceived and in reality should look after the well being of other citizens not exclusively those Malay from which the Rulers belong to. Indeed, as Professor Emeritus Khoo Kay Kim had rightfully observed that the concept is nowhere to be found in the Federal Constitution. However, he had differed from Dompok as he opined that the supremacy or ketuanan actually means loyalty to the Rulers.

This is enshrined in Article 32 which stipulated that the Yang Dipertuan Agung is the Supreme Head of the Federation and he shall take precedence over all others. Nonetheless, Dompok rightfully observes that being the Supreme Head of the Federation and since the Federation consists of various ethnics therefore he too is responsible to look after the well being of all and not exclusively the Malays except for those clearly stipulated in the Constitution.

At the same time, the ruling coalition particularly those from Umno including those from Sabah in the like of Armani Mahiruddin were calling for PKR's President head for saying the same thing as that of UPKO President. They were urging that Dr.Wan Azizah be detained under the draconian ISA for 'directly challenging the provisions of the Federal Constitution. This is mind boggling and an insult to every Malaysians since as mentioned above there is no mention specifically about Malay Supremacy in the letters of the Constitution.

In fact Article 153 of which the proponents of the concept often referred to albeit erroneously is about the duty of the Yang Dipertuan Agung to safeguard the special position of the Malay AND natives of Sabah and Sarawak AND the legitimate interests of OTHER COMMUNITIES. Under the law, the word 'and' should be interpreted conjunctively and not otherwise. To interpret the word disjunctively or separately will certainly bring grievous injustice to all Malaysians since under the same Constitution (Article 8), everyone is equal before the law and thus accorded equal protection under the law. Under the 1Malaysia concept, the differences among various ethnics are accepted wholeheartedly and therefore should be celebrated. None should be above the rest as justice for all is the core of the concept promulgated by Datuk Seri Najib himself under auspices of Vision 2020.

Many prefer to ignore the later parts of Article 153 which specifically mention the rights of the natives of Sabah and Sarawak and other communities including the Chinese and the Indians. This is actually what we and our brothers are calling for- Our legitimate rights provided under the Constitution and not what others deem as trying to take way what they have been accorded to as rightfully theirs. I could not find anything wrong with asking for what initially and originally are our rights,could you? We understand that the Malays have certain privileges being the natives or sons of the soil, so do we us natives of Sabah and Sarawak like Borneonisation of Federal posts in Sabah which enviously is tightly and steadfastly uphold in neighbouring Sarawak!


Returning to the issue of Malay supremacy, we could see clearly how Dompok's and Azizah's statement shared their common feature - the term should no longer be used or exist. Sadly, though they share the same feature, only Wan Azizah has to face the brunt from the ruling coalition! This is what many are dissatisfied and even feel insulted. I am pretty sure that many will try to uphold Dompok since he belongs to the ruling coalition by offering countless excuses blurring his own intention.

Being a Muslim and a native of Sabah, I am thoroughly appalled by the double standard and unjust treatment that we have to endure as citizens of this land of ours that we call Malaysia. Everyone should instead remember the provision of Article 8 that we are all equal before the law and of course the preamble to the 1Malaysia concept that our differences should be accepted and celebrated and not otherwise!

IGNORANCE IS THE ROOT OF EVIL

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