Reassurance for all Malaysians on rights

New Straits Times, 18 October 2008

KUALA LUMPUR: It's a message of unity, peace and harmony. Non-governmental organisations and political parties, which have been engaged in months of sabre-rattling over race and religious issues, said this was the essence of the statement from the Conference of Rulers.

As the rulers had spoken clearly on the social contract, NGOs and politicians from both sides of the divide said, the people should move forward.

Historian Professor Tan Sri Khoo Kay Khim described the statement as a reminder to all Malaysians of the centrality of the Constitution and the Rukun Negara.

The position of the Malays and Islam in the nine Malay states had always been recognised by the British, Khoo said, and when they joined the Federation of Malaya, this characteristic was carried over into the Constitution.
Bar Council president Datuk Ambiga Sreenevasan agreed that the statement reaffirmed the importance of the Federal Constitution and was a reminder of the guarantees accorded to all Malaysians.

"It reminds citizens that the guarantees were a result of well-considered negotiations, resulting in the social contract which we as citizens must respect. It is a much needed message of unity, peace and harmony," said Ambiga.

The council had in June hosted a forum on the social contract that was heavily criticised as being contemptuous of the accord, which has been described as laying the foundations of post-1957 Malaysia.

"The Bar has never questioned the social contract and anything in the Constitution. We have discussed it and there are different views about it but the Bar has never questioned it and believes that it is entrenched in the Constitution," Ambiga said.

For the Malay Solidarity Council, the statement was precisely what they have been campaigning for in light of what they see as an increasing tide of challenges to Malay special privileges.

"Society has just gone overboard in arguing about the social contract and this statement is something that is needed to stop all these disputes," said council chairman Tan Sri Ismail Hussin.

The council represents about 200 Malay NGOs which in May convened a special congress, which in turn sent a petition to the rulers asking that they put a stop to attempts to dispute Malay privileges.

The rulers' statement was released on Thursday after the conference's 215th meeting.

Among other things, it stated that the rulers hold the constitutional role to safeguard the special privileges, position, eminence and greatness of the Malay rulers, Islam, Malay as the national language, and the genuine interests of the other communities in Malaysia.

"The rulers assuaged the anxieties of Malays concerning their special position but also the non-Malays by saying that their interests are in no danger of being eroded," said Parti Keadilan Rakyat information chief Tian Chua.

Umno Youth chief Datuk Seri Hishammuddin Hussein said no community should assume that the statement referred to one of them specifically.

Former MCA Youth chief Datuk Liow Tiong Lai said though the contract's aim was to create unity, it should not be taken to mean that different perspectives on it should be ignored.

In Shah Alam, Selangor Menteri Besar Tan Sri Abdul Khalid Ibrahim said Malaysians could continue to speak out on the execution of policies in regard to the social contract.

"This (reminder) does not restrict or stop the people from speaking out and commenting in terms of its execution but it is best if the people can respect the culture and etiquette of one another," he said.

Rulers defend social contract

STAR, Friday October 17, 2008

KUALA TERENGGANU: The Conference of Rulers has come out with a strong statement defending the country’s social contract.

While stressing the need for Malays to be united, the Rulers assured the non-Malays of their rights under the Federal Consti-tution.

The statement by the Keeper of the Rulers’ Seal, Engku Tan Sri Ibrahim Engku Ngah, was issued after the 215th meeting of the Conference of Rulers on Thursday.

All ears: Tuanku Mizan (right) listening to Abdullah at the start of the Conference of Rulers at Istana Maziah in Kuala Terengganu.

He said the Malay Rulers held the constitutional role of safeguarding their “special privileges, position, eminence and greatness, as well as to safeguard Islam, Malay as the national language, and the genuine interests of the other communities in Malaysia.”

He said the Rulers warned that there should never be any attempt to test or challenge issues related to the social contract.

“The actions of certain quarters in disputing and questioning these matters, which formed the primary basis for the formation of Malaysia and are enshrined in the Federal Constitution, had caused provocation and uneasiness among the people.

“In retaliation, several quarters particularly Malay leaders whether in the government or non-governmental organisations as well as individuals had expressed their dissatisfaction and anger against those who had made the statements, reports and organised the forums.

“Among the reasons identified for these to have occurred is the cursory knowledge of those concerned regarding the historical background as to why these provisions were enshrined in the Federal Constitution and the influence of their attempts to implicate the principles of impartiality and justice without regard for the historical background and social condition of this country.

“Unless this phenomenon is arrested immediately, it can lead to disunity and racial strife that can undermine the peace and harmony which has all this while brought progress, development and success to the nation,” he added.

“As such, it is necessary for the Conference of Rulers to emphasise and remind all quarters of these constitutional provisions besides giving emphasis to the assurance of safeguarding the genuine rights of other communities.”

The Rulers also called on the Malays to be united saying “it has to be emphasised that this agenda is more important and foremost than political or factional interests”.

“Non-Malays should not worry because their rights are guaranteed under the Constitution,” he said on Thursday.

The meeting was attended by Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin who was accompanied by Prime Minister Datuk Seri Abdullah Ahmad Badawi. The two-day meeting, which ended Thursday, was chaired by the Sultan of Kedah, Sultan Abdul Halim Muadzam Shah.

All the Rulers and Yang di-Pertua Negri attended the meeting except the Rulers of Pahang, Johor, Terengganu, Perlis and Negri Sembilan.

This is the full press statement issued by the Keeper of the Rulers’ Seal, Engku Tan Sri Ibrahim Engku Ngah at the end of the 215th Conference of Rulers held at the Istana Maziah in Kuala Terengganu Thursday

“Press Statement issued by the Keeper of the Rulers’ Seal on the role of the Yang diPertuan Agong and the Malay Rulers regarding the special privileges, position, eminence or greatness of the Malay Rulers, Islam, Malay as the national language, the special position of the Malays, and genuine interests of the other communities in accordance with the Federal Constitution.

“The Malay Rulers who attended the meeting of the Conference of Rulers conferred on the issuing of this special joint press statement today.

“The Malay Rulers hold the constitutional role to safeguard the special privileges, position, eminence and greatness of the Malay Rulers, safeguard Islam, Malay as the National Language, and the genuine interests of the other communities in Malaysia.

“The actions of certain quarters in disputing and questioning these matters, which formed the primary basis for the formation of Malaysia and are enshrined in the Federal Constitution, had caused provocation and uneasiness among the people. In retaliation, several quarters particularly Malay leaders whether in the government or non-governmental organisations as well as individuals had expressed their dissatisfaction and anger against those who had made the statements and reports and organised the forums.

“Among the reasons identified for these to have occurred is the cursory knowledge of those concerned regarding the historical background as to why these provisions were enshrined in the Federal Constitution and the influence of their attempts to implicate the principles of impartiality and justice without regard for the historical background and social condition of this country. Narrow political interests are also a cause.

“Unless this phenomenon is arrested immediately, it can lead to disunity and racial strife that can undermine the peace and harmony which has all this while brought progress, development and success to the nation.

“As such, it is necessary for the Conference of Rulers to emphasise and remind all quarters of these constitutional provisions besides giving emphasis to the assurance of safeguarding the genuine rights of other communities.

"It has to be emphasised that each provision in the Federal Constitution has undergone the process of discussion, consideration, consultancy, sacrifice and compromise of the highest degree for what has been championed, discussed, considered, benefited from as well as agreed to by all quarters concerned, until the realisation of the provisions in the Federal Constitution which are known as the Social Contract.

"It is not proper to dispute and question this Social Contract and more so to subject it to a review or change because it is the primary basis of the formation of Malaysia. Therefore, it is appropriate for the Malay Rulers to remind that there should never be any attempt ever to test and challenge issues related to the Social Contract.

“Truly, the leaders of the pre-independence era were insightful and farsighted. They brought along with them the Malay Rulers for the negotiations to claim independence. The Institution of the Rulers was retained and legally enshrined in the constitution of an independent Malaysia.

The Institution of the Rulers was accorded eminence, was positioned at the apex of Government, as the head of the country and the states, as a protective umbrella, ensuring impartiality among the citizens. The Institution of Rulers takes on the role of being a check-and-balance factor to untangle complications, if any.

“The Conference of Rulers also calls on the Malays to be united to safeguard the privileges, position, eminence and greatness of the Malay Rulers, safeguard Islam, Malay as the national language, and the genuine interests of the other communities in Malaysia as enshrined in the Federal Constitution.

"It has to be emphasised that this agenda is more important and foremost than political or factional interests.

“Non-Malays should not harbour any apprehension or worry over their genuine rights because these rights are guaranteed under the Federal Constitution and provisions of the state constitutions of Malaysia contained in Article 153 of the Federal Constitution.

“It is hoped that with this emphasis, all confusion among the people regarding these matters can be contained and an atmosphere of peace, harmony and mutual respect can continue to exist among the people for the maintenance of order in the country.” - Bernama