NationMaster - Encyclopedia: Social contract (Malaysia)

The social contract in Malaysia refers to the agreement made by the country's founding fathers in the Constitution. The social contract usually refers to a quid pro quo trade-off through Articles 14–18 of the Constitution, pertaining to the granting of citizenship to the non-Malay people of Malaysia, and Article 153, which grants the Malays special rights and privileges. The term has also been used occasionally to refer to other portions of the Constitution, such as the Article stating that Malaysia is a secular state. Quid pro quo (Latin for this for that, many times understood by English speakers as what for what or something for something or even at times one thing for another) is used to mean, in the English speaking world, a favour for a favour (in other linguistic contexts, such as... Malays (Dutch, Malayo, ultimately from Malay: Melayu) are a diverse group of people inhabiting the Malay archipelago and Malay peninsula in Southeast Asia. ... In 2005, UMNO Youth Chief Hishamuddin Hussein brandished the keris (traditional Malay dagger) in defense of ketuanan Melayu, the social contract and Article 153. ...

In its typical context related to race relations, the social contract has been heavily criticised by many, including politicians from the ruling Barisan Nasional coalition, who contend that constant harping on the non-Malays' debt to the Malays for citizenship has alienated them from the country. Such criticisms have met with opposition from the Malay media and the United Malays National Organisation (UMNO), the largest political party in Barisan Nasional. Many Malays, typically from UMNO, have used the social contract to defend the principle of Ketuanan Melayu (Malay supremacy). Race relations are relations between races, sometimes involving racism. ... A politician is an individual involved in politics. ... Barisan Nasional (National Front or BN) is a political coalition in Malaysia. ... UMNO Flag The United Malays National Organisation, or UMNO, (Malay: Pertubuhan Kebangsaan Melayu Bersatu), is the largest political party in Malaysia and a founding member of the Barisan Nasional coalition, which has ruled the country uninterruptedly since its independence. ... A political party is an organization that seeks to attain political power within a government, usually by participating in electoral campaigns. ... United Malays National Organisation (UMNO) Youth Chief Hishamuddin Hussein waving the keris (traditional Malay dagger) in defense of ketuanan Melayu. ...

Contractual terms

The Constitution does not explicitly refer to a "social contract" (in terms of citizenship rights and privileges), and no act of law or document has ever fully set out the social contract's terms. Its defenders often refer to the Constitution as setting out the social contract, and the Malaysian founding fathers having agreed to it, although no reference to the social contract appears to have been made by them in the Constitution or otherwise.

Instead, the social contract is typically taken to mean an agreement that provides the non-Malay and other non-indigenous peoples of Malaysia (mostly the Chinese Malaysians and Indian Malaysians) with citizenship, in return for their granting special privileges to the Malays and indigenous people of Malaysia, collectively referred to as the Bumiputra (sons of the soil). The Constitution explicitly grants the Bumiputra reservations of land, quotas in the civil service, public scholarships and public education, quotas for trade licences, and the permission to monopolise certain industries if the government permits. In reality, however, especially after the advent of the Malaysian New Economic Policy (NEP) due to the racial riots of the May 13 Incident which occurred in 1969 when Malays held only 4% of the Malaysian economy, Bumiputra privileges have extended to other areas; quotas are set for Bumiputra equity in publicly-trade corporations, and discounts for them on automobiles and real estate ranging from 5% to 15% are mandated. A Chinese Malaysian is an overseas Chinese who resides in Malaysia. ... The Indian Malaysian are a group of Malaysian largely migrated from India during the British ruling of Malaya. ... Bumiputra or Bumiputera (Sanskrit, translated literally, it means sons of the Earth; Malay, translated literally, it means princes of the Earth), is an official definition widely used in Malaysia, embracing ethnic Malays as well as other indigenous ethnic groups. ... A civil servant or public servant is a civilian career public sector employee working for a government department or agency. ... // Public education is schooling provided for the general public by the government, whether national or local, and paid for by taxes, which leads to it often being called state education. ... For the Soviet New Economic Policy, see New Economic Policy. ... The May 13 Incident is a term for the Chinese-Malay race riots in Kuala Lumpur, Malaysia on May 13, 1969 which left at least 184 people dead. ... 1969 (MCMLXIX) was a common year starting on Wednesday For other uses, see Number 1969. ... A corporation is a legal entity (distinct from a natural person) that often has similar rights in law to those of a Civil law systems may refer to corporations as moral persons; they may also go by the name AS (anonymous society) or something similar, depending on language (see below). ... A small variety of cars, the most popular kind of automobile. ... Real estate is a legal term that encompasses land along with anything permanently affixed to the land, such as buildings. ...

Some suggest that this bias towards Malays in education and politics is, in part, a response to the ability of the Chinese Malays to secure most of the country's wealth. The Indian Malays, as with the Indian Singaporeans, can make a case for being those that lose out the most, although this may be disputed. ^{[citation needed]}

The government did roll back the quota system for entry to public universities in 2003 and introduced a policy of "meritocracy". However, this new system was widely criticised by the non-Bumiputras as benefiting the Bumiputras by streaming them into a matriculation programme that featured relatively easy coursework while the non-Bumiputras were forced to sit for the Sijil Tinggi Pelajaran Malaysia (STPM, or Malaysian Higher Education Certificate). Although in theory non-Bumiputras may enter the matriculation stream, and Bumiputras may sit for the STPM, this rarely occurs in reality. Meritocracy was also criticised by some quarters in UMNO as being discriminatory, as it caused the rural and less-prepared Malays to fall behind in university entrance rates. 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... the suffix -cracy implies, meritocracy is strictly speaking a system of government based on rule by ability (merit) rather than by wealth or social position. ... The Sijil Tinggi Pelajaran Malaysia (Malaysian Certificate of Higher Education) is an optional examination in the education system of Malaysia. ...

The Reid Commission which prepared the framework for the Constitution stated in its report that Article 153, the backbone of the social contract, would be temporary only, and recommended that it be reviewed 15 years after independence. The Commission also said that the article and its provisions would only be necessary to avoid sudden unfair disadvantage to the Malays in competing with other members of Malaysian society, and that the privileges accorded the Malays by the article should be gradually reduced and eventually eliminated. Due to the May 13 Incident, after which a state of emergency was declared, however, 1972, the year that Article 153 was due to be reviewed, passed without incident. 1972 (MCMLXXII) was a leap year that started on a Saturday. ...

According to the social contract's proponents, in return for the enactment of these originally temporary provisions, non-Malay Malaysians are accorded citizenship under Chapter 1 of Part III of the Constitution. Except for the Bumiputra privileges, non-Bumiputras are otherwise generally regarded as equal to their Bumiputra counterparts, and are accorded all the rights of citizenship as under Part II of the Constitution. In recent years, some have sought to provide Malay citizens with more political rights as per the ketuanan Melayu philosophy. However, most of these ketuanan Melayu proponents argue that their additional rights are already written as law and thus only seek to "defend" them from their opponents. United Malays National Organisation (UMNO) Youth Chief Hishamuddin Hussein waving the keris (traditional Malay dagger) in defense of ketuanan Melayu. ...

When he assumed the Presidency of UMNO, Tunku Abdul Rahman (later the first Prime Minister of Malaysia) stated that "...when we (the Malays) fought against the Malayan Union (which upset the position of the Malays' rights) the others took no part in it because they said this is purely a Malay concern, and not theirs. They also indicate that they owe their loyalty to their countries of origin, and for that reason they oppose the Barnes Report to make Malay the national language. If we were to hand over the Malays to these so-called Malayans when their nationality has not been defined there will be a lot of problems ahead of us." However, he continued that "For those who love and feel they owe undivided loyalty to this country, we will welcome them as Malayans. They must truly be Malayans, and they will have the same rights and privileges as the Malays." ^[1] Tunku Abdul Rahman Putra Al-Haj ibni Almarhum Sultan Abdul Hamid Shah (February 8, 1903â€“December 6, 1990) usually known as the Tunku (a princely title in Malaysia), and also called Bapa Kemerdekaan (Father of Independence) or Bapa Malaysia (Father of Malaysia), was Chief Minister of the Federation of Malaya... The Prime Minister of Malaysia is the elected head of government of Malaysia. ... The Malayan Union was formed on April 1, 1946 by the British. ... Not to be confused with the Malayalam language, spoken in India. ...

Early criticism

Article 153, and thus by extension the social contract, has been a source of controversy since the early days of Malaysia. Singaporean politician Lee Kuan Yew (later the first Prime Minister of Singapore) of the People's Action Party (PAP; its Malaysian branch would later become the Democratic Action Party or DAP) publicly questioned the need for Article 153 in Parliament, and called for a "Malaysian Malaysia". Questioning the social contract, Lee stated: "According to history, Malays began to migrate to Malaysia in noticeable numbers only about 700 years ago. Of the 39 percent Malays in Malaysia today, about one-third are comparatively new immigrants like the secretary-general of UMNO, Dato' Syed Ja'afar Albar, who came to Malaya from Indonesia just before the war at the age of more than thirty. Therefore it is wrong and illogical for a particular racial group to think that they are more justified to be called Malaysians and that the others can become Malaysian only through their favour." ^[2] A politician is an individual involved in politics. ... Lee Kuan Yew (also spelt Lee Kwan-Yew) (born September 16, 1923) (Chinese: æŽå…‰è€€; Hanyu Pinyin: ) was the first Prime Minister of the Republic of Singapore from 1959 to 1990. ... The Prime Minister of Singapore is the head of government of the Republic of Singapore (and prior to 9 August 1965, the State of Singapore). ... Party logo with a symbol of red lightning that signifies action. ... Democratic Action Party (DAP) logo The Democratic Action Party (DAP, Parti Tindakan Demokratik in Malay) is Malaysias largest secular and Socialist opposition party. ... The Parliament of Malaysia consists of the lower house (Dewan Rakyat or literally Peoples Hall, in Malay) and upper house (Dewan Negara or Nations Hall in Malay). ... The sometimes tumultous relationship between the Peoples Action Party and United Malays National Organisation, which were, and still are, the ruling parties respectively of Singapore and Malaysia, has impacted the recent history of both States. ...

Lee criticised the government's policies by stating that "[t]hey, the Malay, have the right as Malaysian citizens to go up to the level of training and education that the more competitive societies, the non-Malay society, has produced. That is what must be done, isn't it? Not to feed them with this obscurantist doctrine that all they have got to do is to get Malay rights for the few special Malays and their problem has been resolved." ^[3] He also lamented, "Malaysia — to whom does it belong? To Malaysians. But who are Malaysians? I hope I am, Mr Speaker, Sir. But sometimes, sitting in this chamber, I doubt whether I am allowed to be a Malaysian."

Lee's statements upset many, especially politicians from the Alliance, Barisan Nasional's predecessor. Then Finance Minister Tan Siew Sin of the Malaysian Chinese Association (MCA) called Lee the "greatest, disruptive force in the entire history of Malaysia and Malaya." Tunku Abdul Rahman, the first Prime Minister of Malaysia, considered Lee to be too extremist in his views, while other UMNO politicians thought Lee was simply taking advantage of the situation to pander to the Malaysian Chinese. Tun Tan Siew Sin (21 May 1916â€“17 March 1988)) was Malaysias first Minister of Commerce and Industry, Finance Minister for 15 years, and president of the Malaysian Chinese Association (MCA). ... MCA Logo The Malaysian Chinese Association (Persatuan Cina Malaysia, MCA) (Chinese: é©¬åŽå…¬ä¼š;; pinyin: Ma Hua Gong Hui - Mandarin / Ma Wah Koong Wui - Cantonese) is a political party in Malaysia, made up of Chinese Malaysian and one of the three major parties that make up the ruling Barisan Nasional, or National Front. ... Tunku Abdul Rahman Putra Al-Haj ibni Almarhum Sultan Abdul Hamid Shah (February 8, 1903â€“December 6, 1990) usually known as the Tunku (a princely title in Malaysia), and also called Bapa Kemerdekaan (Father of Independence) or Bapa Malaysia (Father of Malaysia), was Chief Minister of the Federation of Malaya... The Prime Minister of Malaysia is the elected head of government of Malaysia. ...

PAP-UMNO relations were chilled further by the PAP running several candidates in elections on the Malay peninsula, with UMNO retaliating by trying to run candidates on its ticket in Singapore. Eventually, the Tunku decided to ask Singapore, through Lee and some of his closest confidantes, to secede from Malaysia. Eventually, Lee agreed to do so, and Singapore became an independent nation in 1965. The Constitution of Singapore contains an article, Article 152, that names the Malays as "indigenous people" of Singapore and therefore requiring special safeguarding of their rights and privileges as such. However, the article specifies no policies for such safeguarding, and no reference to a "social contract" has ever been made by the political establishment in Singapore. The sometimes tumultous relationship between the Peoples Action Party (PAP) and United Malays National Organisation (UMNO), which were, and still are, the ruling parties respectively of Singapore and Malaysia, has impacted the recent history of both states. ... The Malay Peninsula (Malay: Semenanjung Tanah Melayu) is a major peninsula located in Southeast Asia. ... The Constitution of Singapore is the supreme law of Singapore and it is a codified constitution. ...

Present debate

In 2005, the social contract was brought up by Lim Keng Yaik of the Gerakan party in Barisan Nasional. Lim, a Minister in the government, asked for a re-examination of the social contract so that a "Bangsa Malaysia" (literally Malay for a Malaysian race or Malaysian nation) could be achieved. Lim was severely criticised by many Malay politicians, including Khairy Jamaluddin who is Prime Minister Abdullah Ahmad Badawi's son-in-law and Deputy Chairman of the UMNO Youth wing, and Ahmad Shabery Cheek, a prominent Malay Member of Parliament from the state of Terengganu. The Malay press (most of which is owned by UMNO) also ran articles condemning the questioning of the social contract. Lim was adamant, asking in an interview "How do you expect non-Malays to pour their hearts and souls into the country, and to one day die for it if you keep harping on this? Flag-waving and singing the Negaraku (the national anthem) are rituals, while true love for the nation lies in the heart." Image File history File links Hisham_Keris. ... Image File history File links Hisham_Keris. ... Dato Seri Hishammuddin Bin Tun Hussein is a Malaysian politician and member of United Malays National Organization (UMNO). ... United Malays National Organisation (UMNO) Youth Chief Hishamuddin Hussein waving the keris (traditional Malay dagger) in defense of ketuanan Melayu. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... Yang Berbahagia Dato Seri Dr Lim Keng Yaik (Chinese : æž—æ•¬ç›Š) is the National President of Parti Gerakan Rakyat Malaysia since 1980. ... The Parti Gerakan Rakyat Malaysia (Malaysian Peoples Movement Party in English) formed on 24th March 1968, is a liberal party in Malaysia. ... Not to be confused with the Malayalam language, spoken in India. ... Khairy Jamaluddin is the son-in-law of Prime Minister Abdullah Ahmad Badawi. ... Yang Amat Berhormat Dato Seri Abdullah bin Haji Ahmad Badawi (born November 26, 1939) is the current prime minister of Malaysia, succeeding Tun Mahathir bin Mohamad. ... State motto: no State motto Capital Kuala Terengganu Sultan Sultan Mizan Zainal Abidin Chief Minister Dato Idris Jusoh Area 12,955 km2 Population - Est year 2000 879,691 State anthem Terengganu State Anthem Terengganu (Jawi: ØªØ±Ú Ú¬Ø§Ù†Ùˆ, formerly spelled Trengganu) is a state of Malaysia. ... Negaraku or Negara Ku is the national anthem of Malaysia. ...

A year earlier, Abdullah had given a speech where he mentioned the most "significant aspect" of the social contract as "the agreement by the indigenous peoples to grant citizenship to the immigrant Chinese and Indians". However, Abdullah went on to state that "the character of the nation" changed to "one that Chinese and Indian citizens could also call their own". However, the speech went largely unremarked.

In the end, Lim stated that the Malay press had blown his comments out of proportion and misquoted him. The issue ended with UMNO Youth chief and Education Minister Hishamuddin Hussein warning people not to "bring up the issue again as it has been agreed upon, appreciated, understood and endorsed by the Constitution." Dato Seri Hishammuddin Bin Tun Hussein is a Malaysian politician and member of United Malays National Organization (UMNO). ...

Earlier that year, Hishamuddin had waved the keris (traditional Malay dagger) at the UMNO Annual General Meeting, warning non-Malays not to threaten "Malay rights" and to question the social contract. This was applauded by the UMNO delegates, but widely ridiculed in the Malaysian blogosphere. A keris or spelled as kris in English is a symbolic weapon that is mainly used in Southeast Asian countries. ... It has been suggested that this article or section be merged with Weblog. ...

Other politicians, mostly from opposition parties, have also criticised the NEP and its provisions, but refrained from directly criticising the social contract or Article 153 of the Constitution. Former Deputy Prime Minister Anwar Ibrahim of the Parti Keadilan Rakyat (PKR) promised he would roll back the NEP if he ever gained power, and many from the Democratic Action Party (DAP) have also spoken out against the NEP. They criticised the NEP as benefiting only a small portion of Malays, mostly well-connected and urban, while ignoring the rural and poor Malays, and noted that the NEP's avowed goal was to give the Malays a 30% share in the country's economic equity, regardless of whether only a few or many Malays held this share. The DAP has been particular in arguing it does not question Article 153 or the social contract, but merely seeks to abolish inequitable policies such as the NEP. Anwar Ibrahim has been touring the lecture circuit around the world since his release in 2004. ... This article is about the Peoples Justice Party of Malaysia. ... Democratic Action Party (DAP) logo The Democratic Action Party (DAP, Parti Tindakan Demokratik in Malay) is Malaysias largest secular and Socialist opposition party. ...

Article 10 (4) of the Constitution permits the government to ban the questioning of Article 153, and thus the social contract; indeed, the Sedition Act does illegalise such questioning. The Internal Security Act (ISA) also permits the government to detain anybody it desires for practically an infinite period of time, and many, including politicians from the DAP such as Lim Kit Siang and Karpal Singh have been held under the ISA; it is widely believed this was because of their vehement criticism of Malay privileges. The Internal Security Act 1960 (ISA) is a preventive detention law in force in Malaysia. ... Lim Kit Siang Lim Kit Siang (b. ... Karpal Singh Ram Singh or simply Karpal Singh is a Malaysian politican and a lawyer by profession. ...

Usage in other contexts

The social contract has also occasionally been referred to in a context other than that involving race relations. In the 2004 general election, the DAP ran on a platform of defending the "social contract" by combatting an Islamic theocracy, which the Constitution forbids, but was endorsed by former Prime Minister Mahathir bin Mohamad, Lim Keng Yaik and by PAS, the second-largest Malay-based political party in the country. General elections were held in Malaysia on March 21, 2004. ... Mahathir bin Mohamad (born July 10, 1925) was the Prime Minister of Malaysia from 1981 to 2003. ... The Islamic Party of Malaysia (commonly known as PAS or Pas, from the Malay Parti Islam SeMalaysia) is an Islamist political party in Malaysia and is currently headed by Datuk Seri Abdul Hadi Awang. ...

Notes and references

Other references

Malaysiakini is a high-brow Malaysian political news website published in English and Malay. ... The Straits Times is an English-language broadsheet newspaper based in Singapore. ... BERNAMA or Malaysian National News Agency is an authorized body set up by an Act of Parliment in 1967 and started work in May 1968. ...

External link

Categories: Articles lacking sources | Politics of Malaysia File links The following pages link to this file: Abraham Lincoln Aristotle Ayn Rand Adolf Hitler Al Gore A Modest Proposal Articles of Confederation Arthur Schopenhauer Albert Einstein Amhrán na bhFiann Arthur Conan Doyle Ada programming language Antarctic Treaty System Andrew Jackson Andrew Johnson Adam Smith Bill Clinton Bible... Wikisource â€“ The Free Library â€“ is a Wikimedia project to build a free, wiki library of primary source texts, along with translations of source-texts into any language and other supporting materials. ...

Contents

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