Explain the problem of racial unity in the country after the Independence of MalaysiA
1. Introduction ABDULAZIZ
Malaysia is a multiracial and multicultural country where its populations stand at over 29
million in 2011. This population consists of more than 200 ethnics groups that live in the land
of 330,803 km2 throughout the nation. The breakdown of the main ethnics are Malay 50.4%,
Chinese 23.7%, indigenous 11%, Indian 7.1%, others 7.8% (2004 est.). With this huge
amount of populations growing up in more than 200 different cultures, ethnic unity and
integration or contrary, always become Malaysia agenda and issue in managing and ruling the
society.
The existence of culture, belief, and language diversity within the nation, source various
problems of unity and integration especially the relationship between the people. Racism in
many plural countries including Malaysia, always become the number one contributor of the
cause in making the gap wider and left the future society with the same mentality. It is true
that Malaysia attained its independence through the unity and integration of all race, but if
this situation is prolong, it will create conflict and tense among the race or even able to cause
bloodshed.
2. Objective
The objective of this report is to study the current issues on unity and integration problems in
Malaysia. The discussion concern will be plotted into three major breakdowns. Firstly is the
detailed explanation and elaboration on three political parties which formed the Alliance
Party; they are United Malays National Organisation (UMNO), Malaysian Chinese
Association (MCA) and Malaysian Indian Congress (MIC). This will contain about their
background, ideology and development.
Secondly, this paper will discuss the three out of six contents of the Constitution of the Malay
Peninsula. The principle are, MCA and MIC accepts the special status of the Malays;
BahasaMelayu is the official language; and UMNO accepts the principles of jus soli. These
principles are tasked by the British Government during the negotiation for Malaya Peninsula
independence led by Tunku Abdul Rahman in January 1956. To fulfil the task, a commission
is created and known as Reid Commission.
Thirdly, the paper also covers the application of four major contents of the Federal
Constitution which initiated from the principles, the Agong as the head of state; conditions of
the citizenship tightened; basic rights and individual freedom and lastly freedom of religion.
3. UMNO, MCA, MIC and the Alliance Party ABDULRAHMAN
UMNO
United Malays National Organization (UMNO) was established in 11 May 1946 and led by
Dato’ OnnJaafar during the first Malay Congress held on 1 to 4 Mac 1746 at Kelab Sultan
SulaimanKampungBharu, Kuala Lumpur. The congress was participated by 41 associations
from the all over Malay Peninsula and well received by all.
UMNO 1946 was established in the purpose of against the Malayan Union. Among of its
existence was to unite all the Malays in Malay Peninsula; to have a national organisation; to
keep political interest and Malay supremacy; to promote Malay politics and to protect the
interest but not yet ready to claim for independence.
UMNO 1949 then was established to run as perfect politics and governance that unite the
Malay people. It is also conduct education efforts and measures of an independent
government. Further, UMNO 1949 intended to increase Malay development and became the
protector to shield the sovereignty of the Malay Peninsula. From here UMNO starts to claim
for independence of Malaya Peninsula.
Among the struggle of UMNO were to unite the Malays; to undertake the development of
Malays economy and welfare; to enhance Malay education; to fight for Malays sovereignty,
to demolish the Malayan Union; eliminate enacted and regional spirit of the Malays and to
create a national political party oriented.
Since then, UMNO had developed rapidly for example holding a few general meetings in
various cities such as in Ipoh, Perak in Jun 1446 and Kota Bharu, Kelantan in 1957. As their
principle to strive for Malay unity, most of the general meetings were officiate by the Sultan
or Malay rulers to show that their fight was consented. In 1946, the charter of UMNO (the
first Constitution of UMNO) has been established as a guide for UMNO to move. Within the
same year, the Constitution of UMNO had been approved and UMNO had become a strong
political party.
MCA
Malayan Chinese Association was formed in 27 February 1949 founded by Colonel Lee
HauShik and Tun Leong Yew Koh. This party then appoint Tun Tan Cheng Lock as the first
president. The main purpose of its establishment were to protect the rights and interests of the
Chinese people; to cooperate with the government in against communism and to have mutual
understanding with other races in order to claim for independence for Malay Peninsula.
Led by Tun Tan Cheng Lock, MCA held many campaigns to introduce and promote the
MCA to the Chinese. These campaigns drew almost 200,000 members and formed its
branches throughout Malay Peninsula. At first, MCA fully support the idea
ofDato’OnnJaafarand further formed the Independence of Malaya Party (IMP) in 26
September 1951. However, three years later the relationship between MCA and IMP became
tense. It been said that this is due to no cooperation from Dato’ Onn regarding the citizenship
issues.
In the end, MCA decided that only among the Chinese could safeguard their right and interest
and multi ethnic cooperation could only be achieved through collaboration and partnership
with UMNO. MCA joined with UMNO and formed the Alliance Party.
MIC
The Malayan Indian Congress was established in 8 August 1946 and led by John Thivy as the
first president. As other party, the formation of this party generally to protect the politic,
economic and social interest of the Indians in the Malay Peninsula. In 1946, under the
leadership of K.L. Devaser MIC supports the idea of Dato’ OnnJaafar and IMP towards the
cooperation between races in the party. However, in the end, MIC joined the Alliance Party
in 1955.
The Alliance Party
The Alliance Party is formed in 1951, intended to have corporation between different race
political parties. The leader of UMNO, MCA and MIC believe that forming the Alliance
Party could establish unity and harmony between the races. The Alliance Party has been
formed in several stages according to the current political needs at the time. The British
support this cooperation in believe that it will secure its economic environment in Malaya
Peninsular.
The first stage of the Alliance Party formation is when the UMNO Kuala Lumpur and MCA
Selangor cooperated in Kuala Lumpur Municipal Council election in 1952. The alliance won
9 out of 12 contended seats. Then, all the main leaders of UMNO and MCA accept the
cooperation and intend to form a bigger alliance at the peninsular level.
In 1954, National Convention is held and formed UMNO-MCA Alliance. For the sake of
winning the national elections, the cooperation is expanded to the entire of Malaya
Peninsular. In 1955, MIC joined the alliance. The alliance then won 51 out of 52 contended
seats in national elections.
Dato’ Hj. Noah, Tun Tan Cheng Lock, Tunku Abdul RahmanandTun Abdul Razak were
among the important figure who involve in the negotiation to establish understanding
between the races for UMNO and MCA. The effects are to create unity of all races, an
effective weapon in order to remove communism influence among the people who threat the
development of Malay Peninsula economy since 1948 and to paralyze the influence of
Malayan Communist Party.
4. Three principle in Constitution of Malaysia SUNDAY
MCA and MIC accept special status of the Malays
Article 153 of the Malaysian Constitution gives the responsibility to the King to safeguard the
rights of the Malays and the natives of Malaysia, a group referred to as the indigenous. The
Article specifically tells how the federal government protect the interests of these groups by
establishing quotas for entry into the public service, scholarship and public education. It is
also generally considered to be part of the social contract, and usually said to be a legal
defence for the supremacy of the Malays - Malay belief that they are the original inhabitants
of Malaysia.
The special privileges consisted mainly in reservations for the Malays in four areas:
· estates in land;
· positions in the public service;
· scholarships, exhibitions and other similar educational or training privileges or special
facilities;
· permits or licenses for the operation of trade or business, where required by federal
law.
Malay supremacy is a racist concept which claims that the Malays are the masters of the
Federation of Malaya (now) Malaysia. The Chinese and Indians in Malaysia are considered
as immigrants (who was brought in by the British) are deemed beholden to the Malays
because the Malays willingness and readiness to accept them as a citizen of the Federation of
Malaya (now) Malaysia as a prerequisite British to grant independence to the Federation of
Malaya.
As the substitute for the willingness and readiness of what he described as the sacrifices of
the Malays, the Constitution provides special provisions for the Malays in the form of
privileges and this is set out in Article 153 of the Constitution of the Federation of Malaya
(now), Malaysia). Quid pro quo agreement or mutual give-give is usually called the Social
Contract. Malay supremacy concept is often used as political rhetoric United Malays National
Organisation of the influential over the past 50 years of the Federation of Malaya (now
Malaysia) achieving independence from the British in an effort to gain the support of the
Malays despite the fact that many Malays are knowledgeable about the concept or the notion
was.
Although this rhetoric existed before Malaysia gained independence, the phrase of Malay
supremacy was not a public matter referred to the early 2000's. Much of this is the concept of
parties is not of Malay, such as the Democratic Action Party (DAP), but before the
independence of the Baba and Nyonya also opposed this concept. The concept of Malay
supremacy gained attention in the late 1940s when the Malays unite to fight against the
Malayan Union and later, fighting for independence. During the 60's, there was considerable
effort to challenge the supremacy of the Malays, led by the People's Action Party (PAP) of
Singapore - which is a state of Malaysia from 1963 to 1965 - and DAP after the separation of
Singapore. Even so, some Constitutional Malay supremacy rooted after riots May 13, 1969
resulting from an election campaign that makes the rights of non-Malays and Malay
supremacy as the focus issue. This period also saw the rise of ultra-demanded that a single
party government led by UMNO, and increased emphasis that the Malays are the "original
people" of Malaysia - i.e. only the Malays can be considered the original inhabitants of
Malaysia.
The term "Malay Supremacy" should be viewed in the context of the Malays before
independence who consider the Malay Peninsula as inheritance (Sons of the soil) as
recognized by the British colonial time. The term also refers to the situation before
independence which explains the reaction of the Malays against the Malayan Union which
has eliminated the "Malay Supremacy" in terms of sovereignty, political power and
citizenship issues that are loose. "Malay Supremacy" propagated by the Malay leaders at that
time, to unite against the Malayan Union rather than independence. Therefore, this concept is
the reality of events and history at that time and it included not intended to threaten the unity
of the Malaysian society.
BahasaMelayu as the official Language
BahasaMelayu has become the lingua franca since the 15th century with the establishment of
the Malacca Sultanate. During the British colonial era, the language has become precedence
as English was widely used in all areas including communication and transaction. Therefore
the position of BahasaMelayu has been revised. BahasaMelayu then was enshrined in Article
152 of the Malaysian Constitution which provides for the BahasaMelayu must be used for
official purposes (including any of the purposes of a public authority). This is also to protect
other languages and no one else prohibited from using languages other than Malay.
Through the Constitution of Malaysia, BahasaMelayuwas raised to be the national language
and have the privileges inside the law. Mentioned in Article 152 of the constitution, Part XII
insisted that the national language of this country is BahasaMelayu. This means that
BahasaMelayuspoken by the indigenous inhabitants of the archipelago Islands, including in
Malaya was chosen as the national language.
The choice of BahasaMelayu as the national language actually invites a lot of debate. This
issue has been discussed and debated delicately by the leaders and constitution drafters. This
issue is studied and given justice from every aspect whether historiography, linguistics,
functions in a variety of situations and status. Found that English is the lingua franca or
intermediate language that has been used since centuries. Most notable is its use as a
language of communication among the traders in the heyday of the Malay kingdom of
Malacca. This thing ever recorded by Antonio Pigafetta, a traveler from Italy who followed
Magellan ship from the port of Seville in Spain in 1519, when he arranged dictionary Italian-
BahasaMelayu as a first guide to the European traders in Malacca.
English is also consistent aspects of phonology, morphology, syntax, semantics and
terminology. This makes it easy to learn and use by speakers of other languages. It can also
be written using Roman letters or use the Jawi (Arabic). Compared to other languages used in
Malaya, Malay dialects do not have a significant difference to cause it to be a different
language.
Of all the factors set forth above, one thing cannot be denied is that the position of the
BahasaMelayuis the language of the original population of Malaya. In addition, one thing is
very interesting to us, especially the generation born after independence was the rights of any
other language in Malaysia is absolutely allowed by the Constitution of Malaysia. Stated that
all languages are available in Malaysia are freely used, studied, taught and developed.
This means that languages other than BahasaMelayu is not prohibited as a language of
communication, it just does not get the status of the national language. However, the most
important thing in the language selection process to serve as the national language of our
country is consensus and compromise among all those who are in the Federation of Malaya at
that time.
UMNO accepts the jus soli principles FARHAN
Jus soli is derived from the Latin to mean is a right by which nationality or citizenship can be
recognized to any individual born in the territory of the related state, regardless of race and
ethnicity. Forthcoming 19 centuries, the country was divided between those who have
citizenship of the land in accordance with jus soli as in France and owns the land in
accordance with jus sanguinis blood right as in Germany. However, many European countries
accept the concept of Germany as a "national objective", based on blood, race or language as
Fichte classic definition of a nation, makes them contrary to republican Ernest Renan member
who proposed the "subjective nationality", based on the daily poll for equipment homeland.
The concept of nationhood that are not essential this allows the implementation of jus soli,
against the jus sanguinis.
In Malaya jus soli was introduced in 1945 under the Malayan Union which citizenship to
foreigners, especially the Chinese and Indians into Malaya at that time to solve problems
faced by their nationality. Then it was implemented in 1946 that has resulted in the influx of
the foreigners, especially the Chinese and Indians approaching 1 million. This has made their
unhappiness arises because the Malays were said to have threatened the position of the
Malays and the institution of the Malay Rulers, as a result of these things have caused the
Malays stand against this idea.
Resistance towards jus soli arises when there is dissatisfaction with the Malays. Principle of
jus soli would eliminate special rights enjoyed by the Malays as the native citizen. The
Malays do not want special rights enjoyed by the Chinese and Indians who considered that
squat in Malaya. Elimination of special rights of the Malays worry cause economic
domination by the Chinese will increase and this will widen the economic gap between the
Malays and Chinese. This matter has caused the Malays reject principles that will lead to the
Malays will become foreigners in their own country.
Malay rights have been grazing with ravenous by the British because of resentment of the
Malays who have supported the Japanese, prompted the British were forced to withdraw.
When the Japanese surrendered,British returned to administer and install revenge for the
Malays. Therefore, they had approved the formation of the Malayan Union which contains
principles that offense the Malay which is the principle of jus soli. Although jus soli was part
of the Malayan Union Constitution, the principle in it gives a great inconvenience to the
Malays. The Malays feel they are marginalized from many aspects compared to other races.
With the extreme inclusion and regulations were not strict in the principle of jus soli has
caused their unhappiness arise. Malay economic ownership increasingly comes nowhere
close to the immigrants. The immigrants have mastered some big cities at that time and the
Malays only live in the village and carry out subsistence economy. As a result of the
awareness of the Malay intellectual leaders spearheaded by Dato’OnnJaafar was successful in
uplifting the Malays against that principle. Although basically the refusal is a broad based
opposition to the Malayan Union, by virtue of the principle of jus soli in the Constitution then
it is automatically deducted.
5. Three principle in the Federal Constitution
Citizenship
This matter is contained in Part 3, Article 14 and 22 of the mention of the rights and ways to
get Malaysian citizenship. While Article 23 to 28 also discusses the way or characteristics
that cause a person can drop and deprived citizens.
For example, a professional who immigrated to another country to work, and at the same time
bring the family to live with him in the country. He needs to know the steps that must be
taken while in the surrogate country, either on himself or on his family members.
For example, if his wife gives birth, he must register a birth within the Malaysia embassy or
consulate office nearby. If this action fails to take her then the child is not eligible for
citizenship Malaysia although his parents were citizens of Malaysia.
Generally, citizenship can be obtained in several ways. First, through the Effective Law of
the individuals who were born before Malaysia Day and be a citizen of the Federation shall
be entitled to be a citizen of Malaysia, as well as individuals who were born on or after
Malaysia Day is entitled to Malaysian citizenship.
For citizenship obtained by registration or application, the individuals involved usually is the
spouse who is not a citizen but are interested in becoming a citizen of Malaysia. The couple
must still legally marry, resided in the Federation for more than two years and intends to
continue to reside in the Federation, and was married in or after 1962.
While for individuals aged less than 21 years old, she must have been registered by their
parents where one of them must be a citizen of the Federation, at any office of the
government attorney and the child must be on or after the year 1962. Likewise with
individuals aged 18 years or over, who was born in the Federation before Independence Day,
we need to prove residence status in the Federation for five of the seven years before they are
eligible to apply.
In addition, the individual must intend to be a resident, have a good knowledge of English
and do not have any records of misconduct.
For individuals aged 18 years and residing in Sabah and Sarawak on Malaysia Day will be
eligible for Federal citizenship if they have lived in the Federation of Malaysia on Malaysia
Day, or have resided for seven of the ten years in the Federation after 1962.
Malaysian citizenship can also be recovered by way of Entry. The way is open for individuals
or foreigners over the age of 21 and interested in becoming a citizen of Malaysia. The
conditions for obtaining citizenship is entry, the person has lived in the Federation of
Malaysia for ten of the twelve years prior to the date of application, intend to become a
permanent resident in Malaysia, have exemplary conduct and have knowledge of Bahasa
Malaysia.
The last way to get citizenship is through the merge of Region. This method is a simple but
rare. This situation only occurs if there is a political process and a complicated law. For
example, all people living in Singapore, Sabah and Sarawak are directly eligible for
citizenship rights of Malaysia when the three provinces joined the Federation of Malaysia in
1963.
However, the right as a citizen of Malaysia is not permanent because there are certain
conditions that must be adhered to by all citizens. These rights can be forfeited or revoked by
the Constitution of Malaysia if the holder commits an act contrary to the requirements of the
constitution. For example, people are no longer interested in maintaining citizenship
possessed by rejecting foreign citizenship as a citizen.
Also be deprived of his citizenship by the constitution if the person proves that he is no
longer loyal to the country through action or speech. Insurrection is committed by an
individual either within or outside the country also resulted in the constitutional right to
withdraw the citizenship of the person. For example, conduct or business relationship with an
enemy country or countries likes Israel. All Malaysian citizens are prohibited from having
contact of any kind with Israel. If this condition occurs, the government through its rights in
the constitution would revoke citizenship of the individual.
In addition, any citizen who obtains citizenship through registration as mentioned above was
not spared from the action of stripping citizenship if the person imprisoned not exceeding 12
months or to a fine of not less than 5000 without obtaining pardon for the offense.
Similarly, individuals who have resided in a foreign country for more than five years
continuously and never reported or registered in the Federal Consulate. Deprivation of
citizenship can be done by the government on the rights in the constitution through the
judicial process. If the court is satisfied with the government's allegations, the decision will
be communicated to the individual through writing together with reasons such action is taken.
Basic rights and individual freedom ABIR
The existence of the fundamental rights of every individual is very important because, the
Constitution of Malaysia recognizes and acknowledges the role, contribution and gives every
individual the right in accordance with their nature. First human right is the right to worship.
Through Article 11 and 12, it is stated that every person has the right to practice his religion
without causing any anxiety and fear to others. Religious groups are also entitled to manage
everything including setting up foundations and religious property. Meanwhile, one cannot be
asked to pay any tax if the proceeds of the collection used for the benefit of other religions
than his, and someone who is under 18 years old should never be invited to take part in
religious ceremonies other than his religion.
Each individual also guaranteed the right to get education in this country without distinction
of any citizen solely because of religion, race, and ethnicity, place of birth, language and
color. Similarly, the right to property as stated by Article 13, the individual shall not be
deprived of property except by law. If the government is taking action to deprive an
individual of property, it shall be the duty of the government to pay reasonable compensation
to the original owners of the property.
If in other countries, the movement of people within an area despite still being in its
administration area is not free as is the case in our country. In Malaysia, the movement of a
person is not restricted except for reasons of security, public health and sentence as
punishment restricted residence. However, the movement of the peninsula to Sabah and
Sarawak is subject to specific immigration law and it does not become a big issue because it
has been agreed by the previous leaders almost 45 years ago.
In addition we are free to move, we also have the freedom of speech, assembly and
association. Freedom is given a means of nurturing leadership talents are among Malaysians
and also as a means to present the views, opinions or criticism prudently. However, this
freedom does not mean that all things can be discussed openly for fear will cause unease
among certain groups. Sensitive issues such as issues relating to religion, language,
nationality, race or ethnicity, privilege, citizenship, quotas for the Malays and the sovereignty
of rulers is forbidden in an open court.
Another trend freedom enjoyed by every citizen of Malaysia is no party that can be slave or
force to work, and enjoy protection and equality before the law. For example, an accused
person cannot be considered innocent as long as not been convicted guilty by a court
exercising a fair trial.The accused also cannot be accused of the same charges for the second
time; the event was discharged and acquitted by the court on the same charge.
Freedom of Religion
Based on Part I, Chapter 3 of the Constitution of Malaysia, the official religion of the
Federation is Islam, but other religions may be practiced in peace and harmony in any part of
the Federation. Malaysia's constitution also states that the Sultan or King of a country is the
head of the Islamic religion to the state, while states not ruled by a Sultan or Raja as Penang,
Malacca, Malacca, Sabah, Sarawak and the Federal Territory (Putrajaya, Federal Territory of
Kuala Lumpur) will be headed by the King.
This provision is very important to note by all Malaysians because through it we will realize
that Malaysia is a country that really upholds religious practice. This is reinforced by the first
rule in the Pillars of Faith in God. In other words, Malaysia is not a place for people who
have no religion or free thinkers. Government shall have the right through its powers as
provided by the Constitution to take action against the persons or citizens who have no
religious beliefs.
Just as the national language selection process, the selection of Islam as the official religion
of the country are based on historical factors, functions, status and existence in our country.
In addition, other religions in the country are freely practiced even synagogues were built to
facilitate the devotees to carry out their religious obligations.
Conclusion
Existence of provisions in the constitution and practicing in our country's administrative
system must be understood holistically. We also need to understand the background of the
history, politics and sociology before we make any interpretation. In addition, as a citizen,
regardless of the status of economic, social, political, educational, religious or whatever our
differences, we must know and understand the rights as a citizen who is legally as provided
by the Constitution of Malaysia.
However, the question arises that sometimes makes us be very sad to see the post-
independence generation who seems not so concerned matters related to citizenship,
constitution, or the history of the formation of Malaysia itself. Our responsibility to instill
patriotism back, and one way is to encourage all citizens to understand the constitution of
Malaysia, the background and the history of our country Malaysia
