DISCUSS THE MAIN ISSUES OF CONTENTION IN THE MALAYAN UNION PROPOSAL OF 1946.

TO WHAT EXTENT WERE THEY RESOLVED IN THE FEDERATION OF MALAYA 1948 AGREEMENT INTRODUCTION The original plan which made by British to establish the Federation Of Malaya as one of the states under him started at 1930s, but it was fail to achieved this objective because of the situation of war and uncertain of its future. But the idea of unified administrative for the state of Malaya by British which had proposed before, was now given greater urgency after the World War Two. This happened because the British feel the need for centralized direction to over see post war economic recovery as a prelude the self-government. Britain felt bound to declare its intention of returning independence to Malaya because it was a signatory to the Atlantic Charter declaring the rights of nations to self determination. This one of principle tenets of American Policy and British self-interest argued for conforming to the desires of its rich and powerful ally1. In 1944, the British government had adopted a plan which made by Edward Gent, the Assistant Permanent Under Secretary for the colonies to incorporate the Federated Malay States (FMS), Unfederated Malay States (UMS), Penang and Malacca into a Malayan Union while making Singapore as a separate Crown Colony. With this step taken, it hopes to reduce the spirit of nationalism amongst the Malays and adopted a centralized administration efficiently. Other Than that, the total development on economics aspect can be develops rapidly without the Interference form outside. But the Malays do not agree on the issues of contention in the Malayan Union Proposal of 1946, even though the British had claimed that the new Malayan Union policy was obtained the signature and agreement from the Sultans for these new treaties on 3 September 1945. With the dissatisfaction of some of the issues in the Malayan Union Plan, Malays population is rose as one in strength protest to this new scheme. Even the Chinese and the Indians communities particularly enthusiastic and in fact even criticized some of the provision. The Retired British members of the Malayan Civil Service and Malay leaders led the attack on the Union Plan, accusing the MacMichael of using `method of intimidation' to obtain the Malays Sultans' agreement to the new treaties. This such of activity created the impression of a groundswell of opposition to the Malayan Union and prove ultimately successful in bringing about the repeal of the Union scheme2.

Barbara Watson Andaya and Leonard Y. Andaya, A History of Malaya, The Macmillan Press Ltd, Hong Kong, 1982. 2 Mohamad Idris Saleh, Che Su Mustaffa, Fuziah Shafie, Sejarah Pembangunan Bangsa Dan Negara, Utusan Publications & Distributions, Cheras, 1994.

The rejected of Union Plan and proposed to sent a delegation to London to seek it repeal was made. In March 1946, some 200 Malays delegates representing forty one associations gathered in Kuala Lumpur for a Pan-Malayan Congress to discuss a Malays national movement and coordinated campaign against the Malayan Union. In this congress, it was agreed to form the United Malays National Organization (UMNO). The next congress held by Pan-Malayan Congress in Johor Baru later in May, also declared that the MacMichael treaties was invalid and demand the repeal of Malayan Union. Despite a strong opposition from the Malays, British Refused to withdraw the Malayan Union and posted for immediate implementation, so that the British Military Administration, which had governed Malaya since the end of Japanese occupation, could be removed. But when the Malayan Union was inaugurated on 1 April 1946, the opposition from the Malays was so effective, so that the plan was never brought into effect. After a final negotiation, the report from Sir Malcolm McDonald on the situation of the states and the discussion between British, Malay Rulers and UMNO, it was finally revolved in it entity after 1 Feb 1948 when the Federation Of Malaya was created3. AIM The aim of this paper is to discuss what are the main issues of contention in The Malayan Union Proposal and to what extent it has been resolved in The Federation of Malaya 1948 Agreement. 3. THE MAIN ISSUES IN THE MALAYAN UNION PROPOSAL

The British had revealed that Malayan Union Plan in a White Paper in late January 1946 after having an obtained this treaties from Malay Sultans by Sir Mac Michael. According this contention, the main issues which is include in this proposal are as follows4: 3.1 Malayan Union proposal tries to change the status of Malay States from status under protection of British government during the post World War Two into one of the British Colony. This is meant that the British have the authority and power over the administration of the states in Malaya. This can achieved by the surrendered of Malay Sultans power to the British government and be able the External Power Act can be implemented in Malaya to protect the British interest in this government.

Barbara Watson Andaya and Leonard Y. Andaya, A History Of Malaya, The Macmillan Press Ltd, Hong Kong, 1982. 4 A.J. Stockwell, British Policy And Malay Politics During The Malayan Union Experiment 1942-1948, Art Printing Works, Kuala Lumpur, 1979.

3.2 To create the unitary states comprising of the FMS, UMS, Penang and Malacca with the central government, a governor and legislative under Executive Council. The Governor at the central government will coordinate all the administration of these states. 3.3 To maintain a Singapore as a separate colony because of the fears that Malay Opposition to Singapore would prevent acceptance of the Union. It will administer by one British Governor that located at Singapore. The other reason of separated Singapore because it have so many Chinese population, so if Singapore Chinese been combined with Malaya Chinese, it will make that Chinese are more than Malays. Other than that, Singapore also has a strategic on the Naval Forces to control this region. 3.4 According to Malayan Union, the Malay Sultans were to retain their positions but their sovereignty must be transferred to the British Crown. The British have rights to interfere in the Muslim religious affairs and other Malays ceremonial activities. The British government had form up the Malays Adviser Body whereby the Sultans is members of that body while the British Governor will be the chairman. 3.5 The Malayan Union treaty also agreed that the states meeting will be remained, but it will be the administrative of the central government to control and to handle all the aspects of local government. Every state in Malayan Union will have one High Commissioner whereby they will be selected as the Chief Administration at the state level and the man whom answerable to the central government. 3.6 All citizen of the new Malayan Union would have equal rights including the admission into the administrative Civil Service. The concept of `Jus Soli' have been implemented and with this concept, all foreigners when they are born in Malaya or Singapore and those who are aging between 18 years and above stayed more than 10 to 15 years before 15 Feb 1942 are qualified to had a citizenship of Malaya. This concept was extending to all the races in this Union without discrimination as to race or creed. 4. REASON WHY CONTENTION IN THE MALAYAN UNION PROPOSAL NOT ACCEPTED BY MALAYS

With the revealed of the main issues in The Malayan Union Proposal 1946, there are two different reactions from major races in Malaya. The reaction from the non Malays, they were keep quiet about this issues because the White paper inside the Malayan Union treaties gave an advantages to them and at that time they dont have a strong leaders in presenting them to face the British. On the other hand, the Malays had

shown a clear opposition towards this White Paper and the reasons why they are not agreed with the main issues in this proposal are as follows5: 4.1 The Malays had accused the British had used the force and manipulation prior to the agreement which have been made with the Malay Sultans. The British had threaten the Sultans, if the Sultans not accepted the Malayan Union Agreement, they will accused of involvement with Japan in World War Two. They will overthrown from their present positions and replace with somebody who agreed with the agreement, which have been proposed. 4.2 The Sultans and the Malay Rulers have been given a short notice to think and discuss about the implication of the implementation Malayan Union. It was so important to the States and it future because if the detailed discussion was not made, possibility it will jeopardized the status of Malays in the future. So, by doing this the British has forced the Malay Rulers to accept this agreement without give a chance to analyst the consequences after the implementation. 4.3 The afraid of the Sultans and Malay Rulers lost their power and sovereignty of the States according to the letter in Malayan Union, which is stated that the status was change from the states under protection of British to the states which is one of the British Colony. That why the Sultans have to transferred their sovereignty to the British Crown and they will only retain their titles and positions without have a rights to administer their own states. They only can manage the aspect related to the religious matters only. 4.4 The worried of Malays status in their own country. This threat was came from the Chinese who exploit in the economics sectors and their associations will be so strong when the Malayan Union was implemented. With the implementation of Malayan Union, all the right will be equal to every body, so the Chinese will get support from the British. If the Chinese get the same rights as the Malays, for sure they will become the main threat to the Malays especially during the period of 1931, whereby the total population of non Malays in this country are more than Malays itself. Other than that, the cold relation between the Chinese and Malays during that period has adds some threat to the Malays. 4.5 The invalid treaties which obtained by British to declare the Malayan Union, because according to the Malay States Rules, the Sultans or the Malay Rulers must discuss with the Heads of the other Malays before agreed and sign the agreement with the foreigners. The Sultans are not allowed to give any area or district of even half of the states to the foreigners. These types of Rules were stated clearly in the Johor Legislative Rules.
5

Mohamad Idris Saleh, Che Su Mustaffa, Fuziah Shafie, Sejarah Pembangunan Bangsa Dan Negara, Utusan Publications & Distributions, Cheras, 1994.

4.6 Malayan Union was a policy before the war. So, after the war, the nationalism spirit was develop in the Malays individuals especially when they saw the victory of Japan over the America and the British. The failure of the British to defense the Malaya have bring a new lesson learnt to the Malay leaders that they cannot hope from the British to defense their country in the future. So, for those ambitions they must fights for independent from the British government. Based on the factors stated above, that why the contention of the Malayan Union proposal in 1946 was not accepted by the Malays. Because of this reason also, the inauguration of Malayan Union on 1 Apr 1946 was not received a declaration from the Malays, but in the other hands, they used this as a platform to fight for their rights and independence states. Because of this opposition also, the British government have to think back on those proposal and discuss with the Malays representative in find a solution. 5. RESOLUTION IN THE FEDERATION OF MALAYA 1948 AGREEMENT

Generally, The Federation Of Malaya 1948 Agreement is the reflection of the extension discussion between the British and the Malays, after a strong opposition from the various organizations, especially from the Malays communities. This resolution was done after the tolerance was made between the British government and the Malays. With this agreement, the Malays have retained the right they belong to, all the Sultans of States able to retained their power, sovereignty of the states and makes them more power then before after the establishment of The Federation Of Malaya. Based on this agreement, some resolution from the Malayan Union was accepted by both parties with the modifications in certain areas especially towards the Malays right. The British government has to accept this modification and resolution, which presented by the UMNO in order to avoid a new crisis in the Malaya. So, the resolution, which has been resolved inside The Federation of Malaya 1948 Agreement, is as follows6: 5.1 The Federation has agreed to remain the nine states, Penang and Malacca, while the Singapore is remained as the separation of British Colony. 5.2 All the Sultans were give back their power and have the sovereignty of their states as before the war was occurred. 5.3 Strong unity control government was established with the legislative power and the High Commissioner ran it. He will be supported by one Government Working Organization Committee which inside this committee it will have the formal members and the non-formal members. According to this agreement also, the English and Malay language has become the formal language in the Federation Of Malaya.
6

Mohamad Idris Saleh, Che Su Mustaffa, Fuziah Shafie, Sejarah Pembangunan Bangsa Dan Negara, Utusan Publications & Distributions, Cheras, 1994.

5.4 Government Working Committee was established to supervised of the Administration of the states and it have a seven formal members (included three personnel from ex-.efficio) and seven non-formal members. 5.5 The Federation Legislative Hall was established which it have seventy five members, fifty from them are informal members which is selected by the High Commissioner to represent the Malay States and Unfederated Malay States. Out of this total, twenty-two were Malays, fourteen Chinese, and seven European, five Indians, one Serani and one Ceylonese. The government has been given their priority to gear up the economy status of the Malays, compared to other races. 5.6 The High Commissioner was selected to be the President Of Legislative Hall. Even though they're so many non-formal members in this organization, he can overrule and abolished any rules, which are not agreed upon by the Legislative Hall. 5.7 The High Commissioner was giving the responsibility to take care of the Malays privileges and other valid privileges related to other races. High Commissioner has to discuss with the States Rulers about the immigration policy, which it will be restricted to certain stages. 5.8 The Federal Government will handle the defense aspects, foreign policy, Jurisdictions, Enterprises, relationship and all the aspect of financial. 5.9 The state government will have their own power over their own local government, religious, education, agriculture, health and land aspects. 5.10 Inside the states, the Sultans have a full power with their support from the Government Working Committee and the States Legislative Committee, which included formal and non-formal members whom, has been selected. All the rules, which agreed upon by the State Legislative Hall, must endorsed by the Sultans. The Sultans also can release any rules, which are not able to agree upon by that committee involved. 5.11 The Kings Council was form up in order the Sultans of the states meet together amongst them and with the High Commissioner to discuss about any matter, which arise especially about the immigration policy. This committee can be conducted at any time when it is required, and the High Commissioner must attend at least three times in a year. 5.12 The citizenship aspects for the non-Malays were made more restrictive than earlier in Malayan Union scheme. Those who is reigning residence of at least fifteen years during the previous twenty five years a declaration of

permanent resettlement and certain competence in Malay or English are qualified to be the citizen of Federation Of Malaya. With this restrictive measure, the migration in these states can be controlled and the Malays privileges can be sustained. 6. THE RESOLUTION AGREEMENT BEEN RESOLVED AFTER THE FEDERATION

After the Sultans and the Malay Rulers made the agreement in this agreement, most of the contention in the Malayan Union has been resolved. Amongst the main factors which is achieved to resolved are as follows7: 6.1 When Malayan Union was designed, the power of Sultans are limited towards the religious matters only and be as part of the President Of Malay Adviser Committee in their own states but in according to the Federation resolution, the Sultan is having their sovereignty as before the World War Two. The new resolution also has fulfilled the objective of every body, which before this it was not included in the Malayan Union proposal. 6.2 The Sultans have the ownership administer their local government in their states the guaranteed of protection from the British. 6.3 The British have been given a power in the defense and all foreign affairs policy, they also responsible to defense the Malay States from any of the intrusions from the external threat 6.4 Even though the British have failed to imposed Peninsular Malaya as one of their colony, but their objective or mission to unified the nine states and other Unfederated States in one administration has been achieved and been endorsed by the Malays agreement. 6.5 The Federation of Malaya 1948 Agreement, at the first time stated rules for the citizenship of this country and this agreement have made that all nonMalays in this country recognized the Malays privileges. Also with his agreement, the non-Malays have their rights to become the citizen of this country and be part of the population in the states. 6.6 Even though the qualifications to honor a citizenship are quite restricted, but the qualification policy has been design and will not followed the `Jus Soli' concept which is has been table out during the Malayan Union. CONCLUSION
7

Andraya, L.Y. & B.W. , A History Of Malaysia, Macmillan. London, 1982.

Based on the fact of the case study and the discussion in literature material involved, actually the Federation Of Malaya 1948 Agreement are quite similar to the Malayan Union proposal concept and aimed which is table out in 1946. But, inside this agreement, the British have to adopted the proposal made by the UMNO in order to retained the power of Sultans of the states, the Malays privileges, the controlled of administration of the states and the citizenship honorable in this country, whereby this entire thing is not included during the proposal of Malayan Union. Other than that, all aspects which is discuss in the White Paper are relevant with the few modification to suit the application of the Malays in this country during the Federation of Malaya Agreement. The representative of the Malays leaders accepted the resolution of The Federation of Malaya 1948 Agreement because it was looked more liberal to the Malays and other races in this country. That why this resolution accepted with the strong supported from all races and the British don't have any other ways to declined this proposal because they dont want to loose this country to other Super Power who have the interest towards this country. The Federation 1948 was accepted by most of the Malays because the status of Malays according to this resolution is better than if we compared their status stated in the Malayan Union. That why the main reason proposal of Malayan Union are not accepted by the Malays in this country.
BIBILIOGRAPHY 1. Barbara Watson Andaya and Leonard Y. Andaya, A History Of Malaya, The Macmillan Press Ltd, Hong Kong, 1982. 2. Mohamad Idris Saleh, Che Su Mustaffa, Fuziah Shafie, Sejarah Pembangunan Bangsa Dan Negara, Utusan Publications & Distributions, Cheras, 1994. 3. A.J. Stockwel, British Policy And Malay Politics During The Malayan Union Experiment 19421948, Art Printing Works, Kuala Lumpur, 1979. 4. 5. 1943. Andraya, L.Y. & B.W. , A History Of Malaysia, Macmillan, London, 1982. Adams, R.M, The Malayan Union : A Study In British Empire Federation, Boulder, Colorado,

6. Allen, J.V. , Malayan Union, Yale University, New Haven, 1967. 7. Anon, Malaysia : Sejarah Dan Proses Pembangunan, Kuala Lumpur, Persatuan Sejarah Malaysia, 1982.