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Zaid says racialist social contract a 1980s Umno creation
> Date: Mon, 3 Nov 2008 14:36:14 +0800
>
> > > KUALA LUMPUR, Oct 31 If at all there was a social
> > contract between
> > the Malays and non-Malays before independence, it was the
> > guarantee of
> > equality and the promise of the rule of law, said former
> > de facto Law
> > Minister Datuk Zaid Ibrahim.
> >
> > Offering his take on an issue that has been at the core of
> > a roiling
> > debate in the country, he said that the more racialist
> > social contract
> > which places more emphasis on Malay primacy was a
> > product of Umno
> > ideologues in the 1980s.
> >
> > He believed that on the eve of independence, one of the
> > elements which
> > gave Alliance leaders and all Malayans confidence was the
> > knowledge
> > that "a constitutional arrangement that accorded full
> > respect and
> > dignity for each and every Malayan, entrenched the rule of
> > law and
> > established a democratic framework for government had been
> > put in
> > place.''
> >
> > The Federal Constitution, he noted, was crafted by
> > brilliant jurists
> > who understood the hearts of minds of those who would call
> > this nation
> > their home and whose children would call it their
> > motherland.
> >
> > "Hundreds of hours of meetings with representatives of
> > all quarters
> > resulted in a unique written constitution that cemented a
> > compact
> > between nine sultanates and former crown territories,
> > '' he said.
> >
> > This compact h! onoured the Malay Rulers, Islam, the special
> > status of
> > the Malays, and created an environment for the harmonious
> > and equal
> > coexistence of all communities through the guarantee of
> > freedoms, he
> > noted in a speech at the Lawasia conference today.
> >
> > This social contract was unilaterally restructured in the
> > 1980s by "a
> > certain segment of the BN leadership that allowed for
> > developments
> > that have resulted in our current state of
> > affairs,'' said Zaid.
> >
> > "The non-Malay BN component parties were perceived by
> > Umno to be weak
> > and in no position to exert influence. Bandied about by
> > Umno
> > ideologues, the social contract took on a different, more
> > racialist
> > tone. The essence of its reconstructed meaning was this:
> > that Malaya
> > is primarily the home of the Malays, and that the
> > non-Malays should
> > acknowledge that primacy by showing deference to the Malays
> > and Malay
> > issues. Also, Malay interest and consent must be allowed to
> > set the
> > terms for the definition and exercise of non-Malay
> > citizenship and
> > political rights. This marked the advent of Ketuanan Melayu
> > or, in
> > English, Malay Supremacy.
> >
> > "Affirmative action and special status became a
> > matter of privilege by
> > reference to race rather than of need and questioning of
> > this new
> > status quo was not to be tolerated.
> >
> > "The new political philosophy in which the primacy of
> > Malay interests
> > was for all purposes and intents the raison d'tre of
> > government
> > naturally led to interference with key institutions,
> > '' he! said.
> >
> > He urged the Barisan Nasional government to abandon the
> > reworked
> > concept of the social contract and embrace "a fresh
> > perspective borne
> > out of discussions and agreements made in good faith with
> > all the
> > communities in this country.''
> >
> > In his speech, Zaid also touched on:
> >
> > Democracy, the rule of law and Umno
> >
> > "Mukhriz Mahathir will probably be the new Umno Youth
> > leader. In
> > saying as he did recently that there is no need for law and
> > judicial
> > reforms as it will not benefit the Malays, he typifies what
> > is
> > perceived as the kind of Umno leader who appeals to the
> > right wing of
> > Malay polity.
> >
> > "That he may be right is sad as it leads to the
> > ossification of values
> > that will only work against the interests of the party and
> > the nation.
> > This type of thinking may pave the way to a suggestion in
> > the future
> > that we may as well do away with general elections
> > altogether as they
> > may not be good for the Malays. We are a deeply divided
> > nation, adrift
> > for our having abandoned democratic traditions and the rule
> > of law in
> > favour of a political ideology that serves no one save
> > those who
> > rule.''
> >
> > The transition to democracy in Indonesia
> >
> > "The majority of Indonesians have embraced democracy,
> > religious
> > tolerance, and religious pluralism. In addition, a vibrant
> > civil
> > society has initiated public discussions on the nature of
> > democracy,
> > the separation of religion and state, women's rights,
> > and human rights
&! gt; > more generally. These developments have contributed to a
> > gradual
> > improvement in conditions for human rights, including
> > religious
> > freedom, over the past few years. Since 2003, Indonesia
> > has also
> > overtaken Malaysia on the Reporters sans Fronteres Press
> > Freedom
> > Index, moving up from 110th place to 100th out of 169
> > countries
> > covered. Malaysia on the other hand has dropped from 104th
> > place to
> > 124th place in the same period. I am not surprised. In
> > 1999, Indonesia
> > passed a new press law that, in repealing two previous
> > Suharto
> > administration laws, guaranteed free press through the
> > introduction of
> > crucial measures. Progress has not stopped there. On April
> > 3 this
> > year, Indonesia passed its Freedom of Information Act.
> > This latest law
> > allows Indonesia's bureaucracy to be open to public
> > scrutiny and
> > compels government bodies to disclose
> > information.''
> >
> > Nation building
> >
> > "We have failed miserably in dealing with complex
> > issues of society by
> > resorting to a political culture of promoting fear and
> > division
> > amongst the people. The Ketuanan Melayu model has failed.
> > It has
> > resulted in waste of crucial resources, energy and time
> > and has
> > distracted from the real issues confronting the country.
> > The obsession
> > with the Ketuanan Melayu doctrine has in fact destroyed
> > something
> > precious in us. It makes us lose our sense of balance and
> > fairness."
> >
> > Malays and modernity
> >
> > "Dr Mahathir was right to ask that Malays embrace
> > modernity. ! He fell
> > short of what we needed by focusing on the physical
> > aspects of
> > modernity. He was mistaken to think all that was needed to
> > change the
> > Malay mindset was science and technology. He should have
> > also promoted
> > the values of freedom, human rights and the respect of the
> > law."
> >
> > The Judiciary
> >
> > "The courts must act with courage to protect the
> > constitutionally-guaranteed rights of all citizens, even
> > if to do so
> > were to invoke the wrath of the government of the day. In
> > PP vs Koh
> > Wah Kuan (2007), a majority bench of the Federal Court
> > chose to
> > discard the doctrine of separation of powers as underlying
> > the Federal
> > Constitution apparently because the doctrine is not
> > expressly provided
> > for in the Constitution. This conclusion is mystifying as
> > surely the
> > court recognises that power corrupts absolutely and can
> > thus be
> > abused. If the courts are not about to intervene against
> > such excesses
> > who is? Checks and balance are what the separation of
> > powers is about.
> > Surely the apex court is not saying that the courts do not
> > play a
> > vital role in that regard?
> >
> > "The rule of law has no meaning if judges, especially
> > apex court
> > judges, are not prepared to enter the fray in the struggle
> > for the
> > preservation of human rights and the fundamental
> > liberties. To all our
> > judges I say discard your political leanings and
> > philosophy. Stick to
> > justice in accordance with the law.
> Date: Mon, 3 Nov 2008 14:36:14 +0800
>
> > > KUALA LUMPUR, Oct 31 If at all there was a social
> > contract between
> > the Malays and non-Malays before independence, it was the
> > guarantee of
> > equality and the promise of the rule of law, said former
> > de facto Law
> > Minister Datuk Zaid Ibrahim.
> >
> > Offering his take on an issue that has been at the core of
> > a roiling
> > debate in the country, he said that the more racialist
> > social contract
> > which places more emphasis on Malay primacy was a
> > product of Umno
> > ideologues in the 1980s.
> >
> > He believed that on the eve of independence, one of the
> > elements which
> > gave Alliance leaders and all Malayans confidence was the
> > knowledge
> > that "a constitutional arrangement that accorded full
> > respect and
> > dignity for each and every Malayan, entrenched the rule of
> > law and
> > established a democratic framework for government had been
> > put in
> > place.''
> >
> > The Federal Constitution, he noted, was crafted by
> > brilliant jurists
> > who understood the hearts of minds of those who would call
> > this nation
> > their home and whose children would call it their
> > motherland.
> >
> > "Hundreds of hours of meetings with representatives of
> > all quarters
> > resulted in a unique written constitution that cemented a
> > compact
> > between nine sultanates and former crown territories,
> > '' he said.
> >
> > This compact h! onoured the Malay Rulers, Islam, the special
> > status of
> > the Malays, and created an environment for the harmonious
> > and equal
> > coexistence of all communities through the guarantee of
> > freedoms, he
> > noted in a speech at the Lawasia conference today.
> >
> > This social contract was unilaterally restructured in the
> > 1980s by "a
> > certain segment of the BN leadership that allowed for
> > developments
> > that have resulted in our current state of
> > affairs,'' said Zaid.
> >
> > "The non-Malay BN component parties were perceived by
> > Umno to be weak
> > and in no position to exert influence. Bandied about by
> > Umno
> > ideologues, the social contract took on a different, more
> > racialist
> > tone. The essence of its reconstructed meaning was this:
> > that Malaya
> > is primarily the home of the Malays, and that the
> > non-Malays should
> > acknowledge that primacy by showing deference to the Malays
> > and Malay
> > issues. Also, Malay interest and consent must be allowed to
> > set the
> > terms for the definition and exercise of non-Malay
> > citizenship and
> > political rights. This marked the advent of Ketuanan Melayu
> > or, in
> > English, Malay Supremacy.
> >
> > "Affirmative action and special status became a
> > matter of privilege by
> > reference to race rather than of need and questioning of
> > this new
> > status quo was not to be tolerated.
> >
> > "The new political philosophy in which the primacy of
> > Malay interests
> > was for all purposes and intents the raison d'tre of
> > government
> > naturally led to interference with key institutions,
> > '' he! said.
> >
> > He urged the Barisan Nasional government to abandon the
> > reworked
> > concept of the social contract and embrace "a fresh
> > perspective borne
> > out of discussions and agreements made in good faith with
> > all the
> > communities in this country.''
> >
> > In his speech, Zaid also touched on:
> >
> > Democracy, the rule of law and Umno
> >
> > "Mukhriz Mahathir will probably be the new Umno Youth
> > leader. In
> > saying as he did recently that there is no need for law and
> > judicial
> > reforms as it will not benefit the Malays, he typifies what
> > is
> > perceived as the kind of Umno leader who appeals to the
> > right wing of
> > Malay polity.
> >
> > "That he may be right is sad as it leads to the
> > ossification of values
> > that will only work against the interests of the party and
> > the nation.
> > This type of thinking may pave the way to a suggestion in
> > the future
> > that we may as well do away with general elections
> > altogether as they
> > may not be good for the Malays. We are a deeply divided
> > nation, adrift
> > for our having abandoned democratic traditions and the rule
> > of law in
> > favour of a political ideology that serves no one save
> > those who
> > rule.''
> >
> > The transition to democracy in Indonesia
> >
> > "The majority of Indonesians have embraced democracy,
> > religious
> > tolerance, and religious pluralism. In addition, a vibrant
> > civil
> > society has initiated public discussions on the nature of
> > democracy,
> > the separation of religion and state, women's rights,
> > and human rights
&! gt; > more generally. These developments have contributed to a
> > gradual
> > improvement in conditions for human rights, including
> > religious
> > freedom, over the past few years. Since 2003, Indonesia
> > has also
> > overtaken Malaysia on the Reporters sans Fronteres Press
> > Freedom
> > Index, moving up from 110th place to 100th out of 169
> > countries
> > covered. Malaysia on the other hand has dropped from 104th
> > place to
> > 124th place in the same period. I am not surprised. In
> > 1999, Indonesia
> > passed a new press law that, in repealing two previous
> > Suharto
> > administration laws, guaranteed free press through the
> > introduction of
> > crucial measures. Progress has not stopped there. On April
> > 3 this
> > year, Indonesia passed its Freedom of Information Act.
> > This latest law
> > allows Indonesia's bureaucracy to be open to public
> > scrutiny and
> > compels government bodies to disclose
> > information.''
> >
> > Nation building
> >
> > "We have failed miserably in dealing with complex
> > issues of society by
> > resorting to a political culture of promoting fear and
> > division
> > amongst the people. The Ketuanan Melayu model has failed.
> > It has
> > resulted in waste of crucial resources, energy and time
> > and has
> > distracted from the real issues confronting the country.
> > The obsession
> > with the Ketuanan Melayu doctrine has in fact destroyed
> > something
> > precious in us. It makes us lose our sense of balance and
> > fairness."
> >
> > Malays and modernity
> >
> > "Dr Mahathir was right to ask that Malays embrace
> > modernity. ! He fell
> > short of what we needed by focusing on the physical
> > aspects of
> > modernity. He was mistaken to think all that was needed to
> > change the
> > Malay mindset was science and technology. He should have
> > also promoted
> > the values of freedom, human rights and the respect of the
> > law."
> >
> > The Judiciary
> >
> > "The courts must act with courage to protect the
> > constitutionally-guaranteed rights of all citizens, even
> > if to do so
> > were to invoke the wrath of the government of the day. In
> > PP vs Koh
> > Wah Kuan (2007), a majority bench of the Federal Court
> > chose to
> > discard the doctrine of separation of powers as underlying
> > the Federal
> > Constitution apparently because the doctrine is not
> > expressly provided
> > for in the Constitution. This conclusion is mystifying as
> > surely the
> > court recognises that power corrupts absolutely and can
> > thus be
> > abused. If the courts are not about to intervene against
> > such excesses
> > who is? Checks and balance are what the separation of
> > powers is about.
> > Surely the apex court is not saying that the courts do not
> > play a
> > vital role in that regard?
> >
> > "The rule of law has no meaning if judges, especially
> > apex court
> > judges, are not prepared to enter the fray in the struggle
> > for the
> > preservation of human rights and the fundamental
> > liberties. To all our
> > judges I say discard your political leanings and
> > philosophy. Stick to
> > justice in accordance with the law.
