CONSTITUTION IN CONTEXT OF ETHNIC RELATIONS IN MALAYSIA Introduction In Ethnic Relations subject, we learn a lot of things regarding to the concept

of constitution, and our responsibilities in maintaining and improving the level of socioeconomic development. Based on this subject, I realize that it is important for us as Malaysian citizen to wake up and get unite in order to achieve vision 2020. By following all of the articles and rules stated in the national constitution, it will lead us to turn the imagination into reality situation. I believe that Malaysia has the abilities to achieve this goal with full support from the various ethnics in our country. History of Malaysian Constitution A constitutional conference was held in London from 18th January to 6th February 1956 attended by a delegation from the Federation of Malaya, consisting of four representatives of the Rulers, the Chief Minister of the Federation (Tunku Abdul Rahman) and three other ministers, and also by the British High Commissioner in Malaya and his advisers. The conference proposed the appointment of an independent commission to devise a constitution for a fully self-governing and independent Federation of Malaya. This proposal was accepted by Her Majesty Queen Elizabeth 11 and the Malay Rulers. Accordingly, a commission headed by Lord William Reid, a distinguished Lord of Appeal in ordinary, and consisting of constitutional experts from fellow Commonwealth countries was appointed by the Queen and the Malay Rulers. The commission was called the Reid Commission. The Constitution of Malaya was drafted based on the advice of the Reid Commission which conducted a study in 1956.

The Constitution came into force on August 27, 1957. However, formal independence was only achieved on August 31.

Concept of supremacy of the Constitution In Malaysia, the highest level of the supreme law of Malaysia is known as the Federal Constitution of Malaysia. This basis of this document is the 1957 Constitution of the Federation of Malaya (Wikipedia). Article 4(1) state that the constitution is the supreme law of the federation and any law passed after Merdeka Day which is inconsistent with this constitution shall be wiping out. Besides that, it is stated that the Yang di-Pertuan Agong as the head of state. Under the Yang di-Pertuan Agong, there are three main branches of the government which are the legislative branch (parliament) which consists of the House of Representatives and the Senate, the executive branch consists of cabinet ministers and lead by the prime minister and the judicial branch headed by the Federal Court. The King has the power to appoint the head of the executive and judicial branch. The Constitution is divided into 15 parts and 13 Schedules. Each part and schedule contains relevant articles. There are 230 articles in the 15 parts, including those which have been repealed (Wapedia).

Besides that, the king (Yang di-Pertuan Agong) has the power to assemble the entire king in Malaysia (consists of each King from Malay states except Penang, Malacca, Sabah, Sarawak and Federation Territory) to discuss about the Malays special privileges and other important things. The king also has the power t disband the parliament.

Mind Map of Traditional Aspects of the Constitution

National Language Malay Language.

Religion of The Federation - Islam, but other religious may be practised in peace & harmony in any part of the Federation.

TRADITIONAL ASPECTS OF THE CONSTITUTION

Special privileges for Malays & natives of any of the states of Sabah and Sarawak position in public service, scholarship & educational privileges.

Royal Monarchy - veto power of the kings (assisted by the ministers, senators & etc) Royal Monarchy - veto power of the kings (assisted by the ministers, senators & etc)

 NATIONAL LANGUAGE

ARTICLE 152 Malay language as the national language without denying the rights of other communities in using their
language.

SPECIAL PRIVILEGES

ARTICLE 8 All people are equal before the law.

Entitled to the equal protection of the law.

SPECIAL PRIVILEGES

ARTICLE 153 The special privileges of the Malays and the native of Sabah & Sarawak without denying the position of other races.

RELIGION OF THE FEDERATION

ARTICLE 3 Islam is the official religion of the federation

prayer could be recited during formal function.

ROYAL MONARCHY

ARTICLE 32 (3) Veto power of the king which advised by the ministers, senators & etc.

The Traditional Aspects of Constitution. Article 152 states that the national language is the Malay language (Mohamed M.). However, the Constitution guarantees the freedom of learning and using of other languages, except on official purposes. What are official purposes? It means, any purpose of the Government, whether Federal or State, and includes any purpose of a public authority. Therefore, all court proceedings and parliamentary documents and meetings must use Malay language. National language is functioning as an agent of unity to combine the multi races Malaysian as One Malaysia. Malaysia consists of more than 28 ethnics. As we have too many languages to be learnt, in 1963, the government had chose one language as the national language which everybody could understand it. It is Bahasa Malaysia. Before this, Malay Language was known as Bahasa Melayu. However, since the tragedy of 13 May 1969, Bahasa Melayu has been change to Bahasa Malaysia as it mean, Malaysians language, not only for Malay people. Nowadays, even the preschool pupils are able to understand and communicate in this language. Besides that, in education sector, the Malay language was introduced as the main medium of teaching and learning session when the Razak Report was presented in the cabinet in year 1956. The objective of Razak Report was to establish a national system of educational characterized by Malay language as the national language and the main medium of instruction. This can be seen in Razak Report (1956), must be bring together the children of all races under a national education system in which the national language is the main medium of instruction. It was stated in the

recommendations of Razak Report where Malay language to be made compulsory for all primary and secondary schools in order to have a national education system. Article 153 grants the Yang Di Pertuan Agong or King of Malaysia, responsibility for safeguarding the rights and privileges of the Malay and other indigenous peoples of Malaysia, also known as Bumiputra. In this article, it is stated that the article cannot be amended without the approval of The Council of Malay Rulers. In addition, The Malay Special Privileges includes public services, scholarships, education, businesses, and other special facilities. As an exchange of this specialty, the non bumiputra were given acceptance of jus soli in getting their nationality as Malaysian citizen. Due to the riot on 13th May 1969, the New Economic Policy (NEP) was introduced. This policy was introduced to overcome the problems of equality in economic sectors between the three main races. By introducing this plan, the government hope it can demolish the divide and rules culture which was implemented by the British during the colonization era. The government wants all citizen get equal opportunity in every sector of economy in our country to produce a harmony and unite Malaysian citizen.

The Consequences of Constitution The introduction of NEP and Vision 2020 are some of the mega plan by the government based on the constitution to set a target of achieving the equality among citizens in all aspects especially economic sectors. At the same time, the government hopes every race in our country will respect each others and live in harmony. The effects of this step are the peoples from rural areas were given incentives and encouragement to involve in economic sector in urban areas. Besides that, the

migration of peoples from rural areas to big city such as Kuala Lumpur and Johor Bahru also increases due to the bigger opportunities for them to get work. It seems like the New Economic Policy had achieved its targets but the actual fact is this plan is not very successful because the economic sector is still being monopoly by one party. Therefore, the government should take effective steps to balance this situation. The introduction of National Service (Program Latihan Khidmat Negara) is another steps taken by the government to produce citizens with good attitude, develop discipline in themselves and make them realize they are important to the country so that they will love this country with full patriotic spirits. It can develop harmony situation among our next generation because they have to survive and be unite in their group during the programme.

Conclusion As Malaysian, we must be proud of our achievements, from the economy, education and also, unity aspects. Hence, we must appreciate the harmony environment where we lives in and must keep unite.

References Wikipedia: Constitution of Malaysia. [online]. Retrieved: http://en.wikipedia.org/wiki/Constitution_of_Malaysia [2009, September 28].

Wapedia: Constitution of Malaysia (1/2.) [online]. Retrieved: http://wapedia.mobi/en/Constitution_of_Malaysia[2009, September 28].

Mohamed M.(2008). Malaysian Constitution [online]. Retrieved: http://www.scribd.com/document_downloads/6281279?extension=pdf [2009, September 28].