Historical Background Before Independence /01 Historical background before independence Chapter Overview HISTORICAL BACKGROUND Pre-colonial political system Colonialization and its impacts Post-colonialization and the struggle for independence Nation Building relevant issues Social contract Federal Constitution 1|P a g e Malaysian Politics :: PAD 310 LEARNING OBJECTIVES: After studying this chapter, you should be able to: 1) Understand the basic background of Peninsula Malaysia; 2) Explain the historical background before independence; 3) Understand and explain the Pre-colonial political system – traditional political system; 4) Understand the concept of Colonialization and its impacts; 5) Understand and explain the Post-colonialization and the struggle for independence; 6) Understand and appreciate the contribution of the earlier generations; 7) Understand the concept of Nation Building and the issues towards Nation Building; 8) Understand the concept of Social Contract and the its important; 9) Identify the significance and importance of Federal Constitution. 2|P a g e Historical Background Before Independence /01 1.0 INTRODUCTION • Modern Malaysia is a direct product of British colonisation. The British influence on the coastal Malay Peninsular started from the early 18th century, but colonial impacts began after 1874 when Britain was able to ‘advice and control’ Malay authorities. In 1957, Malaya began independence as a relatively liberal democracy, with a developed constitution and electoral arrangements that gave special arrangements for Malays. In its first decade, conflict revolved around communal and social issues; the Malay–Chinese rivalry over political influence and issues such as education, national language and economic opportunities. • The Malay Peninsular states shared some history, and had similar ethnic and cultural backgrounds. Adding Sabah, Sarawak and the Chinese majority in Singapore which all had different histories and ethnic mixes was an integration challenge for an ethnic and political Malay majority after Federation in 1963. Although British colonial rule lasted less than a century for most parts of Malaysia, its profound colonial influence remains with four major legacies. • First, the British introduced a change to Malaysian ethnic demographics, which has now entrenched a multi-ethnic society. Chinese and Indian labourers were brought into the country for the then new colonial tin and rubber industries, and support services. Malays remained in traditional agriculture or manned a few lower to middle bureaucratic posts. • The Chinese workers eventually became merchants, traders and businessman and some Indians went into the administration. Occupational differences reinforced cultural and religious distinctions in its society. Thus despite favouritism to ethnic Malays, they were initially and largely excluded from the process of early state economic growth and development. • Secondly, within this new society the British reinforced the principle of Malay dominance, both by maintaining the ‘sovereign Malay state’ Sultanates and ensuring the elite Malay had special positions in employment, land ownership, educational assistance, and held higher bureaucratic, judicial, military, police and political leadership positions. 3|P a g e Malaysian Politics :: PAD 310 • They also educated Indians during their colonial administration in the lower echelons of the bureaucracy. These Indians later intermarried with higher class Malays, and formed small locally born non-aristocratic intellectual elite. These new political and bureaucracy elites including Indian–Malays were the first to foster formal alternatives to British rule in terms of national political and economic development. • Thirdly, although starting their colonial influence later than other European nations, Britain provided political and social stability, infrastructure and a suitable environment for a developing and future modern economy, but ‘[developed and guaranteed] free trade as it served its own [British self-] interests’. • Finally, Britain provided a strong but authoritarian bureaucratic foundation prior to independence. It educated Malay elites to take over higher administration, including its early political leaders. It also left governing rules and laws that greatly restricted open political activity and left large discretionary powers in the hands of the bureaucracy. • These included greater police and security powers, the Sedition Act, laws enforcing strict requirements on societies, restrictions on freedom of the press, and a law permitting detention without trial. • Besides the Internal Security Act (ISA) there are numerous other laws allowing the government executive to impose its will on and against the people if required. The new Federation states retained local loyalties but not necessarily an immediate unified Malaysian national identity. Although peninsular Malaysia had a more uniform Malay national culture, its remaining Federated states had wider ethnic diversity but one political party has ruled since independence. • Most early Malay/Malaysian self-government political parties were developed along ethnic lines to promote interests such as language, education, and culture. Conflicting demands had been mediated by early leaders of the major multiethnic governing coalition. Although not a one-party state, the longevity and national stability provided by the United Malays Nationalist Organisation (UNMO) and later BN, was assured with the incorporation of the Malayan Chinese 4|P a g e Historical Background Before Independence /01 Association (MCA) in 1954, and Malayan Indian Congress (MIC) in 1955. (Colonial legacies and their impact on development: The cases of Indonesia and Malaysia Group Captain Ted Prencel, Australia – Air Force). 1.1 HISTORICAL BACKGROUND BEFORE INDEPENDENCE EARLY HISTORY: PRE-HISTORICAL PERIOD • The development of Malaysia’s past social history parallels to the evolution theory of society, that is community expansion started with hunting and gathering, followed by primitive farming, agriculture and finally industrial activities; PERIOD & YEAR MAIN CHARACTERISTIC AREA Paleolithic Lived in caves Tampan Estuary, Perak (Early Stone Age) Collected forest products Niah Cave, Sarawak 35,000 Years Ago and hunting Tingkayu, Sabah Used simple and crude stone tools Mesolithic Lived in caves and along Cha Cave, Kelantan (Middle Stone Age) rivers and lakes Kecil Cave, Pahang 11,000 Years Ago Started Farming Kepah Cave, Kedah Used more refined stones Jenderam Hilir, S’gor and made earthenware Madai Cave, Sabah Gamantang Cave, Sbh Neolithic Started rearing livestock Niah Cave, Sarawak (New Stone Age) Started communicating with Tengkorak Cave, S’wak 5,000 Years Ago other communities Used more sophisticated stone tools Started creating objects and using accessories 5|P a g e Malaysian Politics :: PAD 310 Metal Age Developed residential areas Lang River, Perak (Metal & Bronze in wide open land near Langar River, Selangor Age) rivers because growth in Muar River, Johor 2,500 Years Ago population Tembeling River, Phg Practiced social customs Terengganu River, Trg More orderly and sedentary lifestyle Early History can be divided into THREE periods: Malay Sultanate of Malacca 14th Century - 1511 Early Malay Kingdom 1st – 13th Century Pre-historical Period 35,000 – 2,500 Years Ago 1.1.1 Pre-colonial political system – traditional political system • Since the 1st century, our country had been renowned as great trade area; • Because of this, Peninsula Malaysia as Golden Earth, and Golden Peninsula; • In the same period, several great kingdoms rose up in Peninsula Malaysia and the areas surrounding Malay Archipelago. These kingdoms were centers of trade, government and spread of religion. • Thus, the Malay civilization can be traced back to these early kingdoms; • The inhabitants of Malay World at that time were free to move from one place to another, as there were no boundaries or limit; • The Malay Archipelago at that time was characterized as a nation with one Malay language and culture. 6|P a g e Historical Background Before Independence /01 Table 1: Early Kingdoms in the Malay Archipelago KINGDOMS YEAR Funan, Kampuchea 1st Century CHARACTERISTICS • • • • Located in present Kampuchea Influenced by the Old Kedah Hindu religion Kampong Sungai Emas (from the 5th to the 10th century) Pengkalan Bujang (from the 10th to the 14th century) Langkasuka, Patani 2nd Century • • • Important trade centre Influenced by Hinduism and Buddhism Merong Maha Wangsa History Tun-Sun, Segenting Kra 3rd Century • Gangga Negara, Perak 5th Century • Important trade centre located between China and India Influenced by Hinduism and Indian ruling system Port and trade centre Old Kedah, Kedah 5th Century • • • • Monarchy system Strategic location Important entreport Influenced by Hinduism and Buddhism Chih-Tu, Kelantan 6th Century • • • Influenced by Buddhism Strong relationship with China Ruling system influenced by Hindu Culture Tan-Tan, Terengganu 6th Century • Srivijaya, Sumatera 7th Century Mataram, Jawa 8th Century Ruling system influenced by Indian ruling system Strong relationship with china Well known trade centre Strong relationship with China and India Centre of Buddhism and Sanskrit language Owned several vassal States Centre of government Influenced by Hinduism Majapahit, Jawa 13th Century • • • • • • • • • • • Owned several vassal States Trade centre Strong relationship with China, India and Middle East • Sources: Malaysian Studies, Nationhood and citizenship 7|P a g e Malaysian Politics :: PAD 310 Sources : http://www.google.com.my/search?picture a) Malay Malacca Sultanate • According to history, Malacca was founded by Parameswara, a prince from Palembang in 1403 A.D.; • According to the record of Tom Pires in Suma Oriental, Parameswara fled to Tumasik from Palembang, which was attacked by Majapahit when Palembang declared its independence from the declining Majapahit Empire; • In Tumasik, Parameswara killed Temagi, the representative of the Kingdom of Ayuthia (Siam), which ruled Tumasik at that time; • Five years later, Parameswara was forced to flee Tumasik when Ayuthia attacked to avenge the killing of its representative. • Parameswara attempted to build a base in Muar but abandoned the project because the place was not suitable; • Then, he found a suitable site at Bertam and established a settlement there; 8|P a g e Historical Background Before Independence /01 • According to Malay Annals, during a hunting trip, an unusual event happened when a mouse-deer kicked Parameswara’s hunting dog. Seeing the bravery of the mouse-deer, he decided that the place was a suitable site for his base; • Starting from that, Malacca was developed to be a well-known empire as a centre of maritime trade and the spread of Islam. • There are two version on how Malacca got its name: VERSION 1: - Parameswara named the place ‘Melaka’ after the name of the tree he was leaning against when he witnessed the unusual event. VERSION 2: • ‘Melaka’ originated from the Arab word ‘malakat’ which means ‘market’ because many people stopped over to trade there. Sources :http://www.google.com.my/search?picture 9|P a g e Malaysian Politics :: PAD 310 • Malacca turned to be an empire with advanced civilization and vast territory. The Great Malacca Empire consists of the whole Peninsular up to Patani and Sumatera Island from Deli to Jambi. Sources : http://www.google.com.my/search?picture Table 2: Malay Malacca Sultanate NO. 10 | P a g e NAME ADMIN. YEAR 1. Parameswara 1400 – 1414 2. Sultan Megat Iskandar Syah 1414 – 1424 3. Sultan Muhammad Syah 1424 – 1444 4. Sultan Abu Syahid 1444 – 1445 5. Sultan Muzaffar Syah 1445 – 1456 6. Sultan Mansur Syah 1456 – 1477 7. Sultan Alauddin Riayat Syah 1477 – 1488 8. Sultan Mahmud Syah 1488 – 1510 9. Sultan Ahmad Syah 1510 – 1513 10. Sultan Mahmud Syah 1513 – 1528 Historical Background Before Independence /01 • The political innovation introduced was a system governance by the Four Principle Ministers (Pembesar empat Lipatan) namely Bendahara, Penghulu Bendahari, Temenggung (Chief of Security in charge of law and order and weight and measures) and Laksamana (Harbor Master) • In the words of Tome Pires, “Malacca is very famous and prosperous. In my opinion, it has no comparison in the world…. It is a city more suitable for trading products than any other in the world”. (Nazaruddin et.al) and Duarte Barbosa, another Ducth write wrote, “Malacca is the richest port, with merchant who trade wholesale and obtain shipping services from all over the world”. (Nazaruddin et.al). • The Malay Malacca Sultanate has two important laws which is Malacca Statutory Law (Hukum Kanun Melaka) and Sea Laws of Malacca (Undangundang Laut Melaka). b) Golden Age of Malacca; The Contributing Factors to the Prosperity of Malacca i) Geografical Factors - ii) Strategic location midway trade routes between India and China; Political Factors - Efficient administration that ensure order and peacefulness - Strong trade and diplomatic ties with foreign countries - Strong military system to ensure and controlled situation iii) Economic Factors - Reasonable taxation system - Usage of currency system facilitate trade transaction iv) Social Factors - Malay as lingua franca for better communication - Centre for the spread of Islam 11 | P a g e Malaysian Politics :: PAD 310 c) Fall of Malacca; Contributing Factors to the Decline of Malacca According Nazaruddin et.al, the golden age of Malay Kingdom of Malacca ended in 1511 after the Portuguese attack. History showed that Malacca reached its supremacy under the rule of Sultan Mansur Syah (1459 – 1477) but decline thereafter. i) Internal Factors - Weak administration caused the Malays become hostile to IndianMuslims – disunity among people; - Continued misunderstanding and disputes caused segregation among people; - Betrayal among ministries - Bribery and corruption were common and high taxes forced merchant to divert to other ports. ii) External Actors - The discovery of Cape of Good Hope made it easier to sail from the West to the East; - The west was competing to conquer trades in the East; - The intention to spread Christianity by the West; Take a break….. Open your eyes and Let’s try to answer these questions…go! • What the definition of Golden Age? • Discuss factors that contribute to the prosperity of Malacca during its “Golden Age”. Good Luck! 12 | P a g e Historical Background Before Independence /01 1.1.2 Colonialization and its impacts ERA OF COLONIALISM (446 YEARS) Portuguese PortugueseColonization Colonization 1511 1511--1641 1641(113 (113YEARS) YEARS) Dutch DutchColonization Colonization 1641 1641––1824 1824(183 (183YEARS) YEARS) British BritishColonization Colonization 1824 1824––1942 1942(118 (118YEARS) YEARS) Japanese JapaneseOccupation Occupation 1942 1942––1945 1945(3 (3YEARS) YEARS) British BritishAdministration Administration 1945 1945––1957 1957(12 (12YEARS) YEARS) a) ERA OF COLONIALISM: PORTUGUESE Portuguese in Malacca or Melaka Sources: http://www.malaysian-explorer.com/MuziumNegaraGallery.html 13 | P a g e Malaysian Politics :: PAD 310 • At the height of the Melaka Sultanate, the port of Melaka was bustling with trade, a rich and prosperous 'jewel' whose importance would eventually lead to its conquest by the Portuguese. • It began when the King of Portugal, Emmanuel I, sent his emissaries to Melaka to foster relations with the Melaka Sultanate. However, when Diego Lopez de Sequeira arrived in Melaka the delegation was attacked and captured. Although de Sequeira managed to escape, not all his followers were so lucky. • Upon hearing of their capture, the Emmanuel I sent his armada to attack Melaka. In 1511, under the command of Alfonso de Albuquerque, the Portuguese invaded Melaka. • The Melaka Sultanate, led by Sultan Ahmad (the son of Sultan Mahmud), put up a good fight but was defeated. The Portuguese armada successfully conquered Melaka on 15th August 1511. • The fleeing descendents of the Malacca Sultanate founded a new sultanate in Johor, known as the Johor Sultanate. • Led by Alfonso de Albuquerque, took over Malacca in 1511; • The main reason were to conquer trade and spread Christianity; • Sultan Mahmud fled and started Johor-Riau Kingdom; • Portuguese influence only limited to the vicinity of the Malacca Port due to continuous attacks from the Malays; 14 | P a g e • Did not leave behind many traces, except: - Eurasian community - ‘A Famosa’ - Romanized writing - Languages in Malay (palsu, tuala, jendela, almari, garfu) Historical Background Before Independence /01 The picture of Alfonso de Albuquerque Sources: http://www.google.com.my/search?picture Portuguese in Malacca Sources: http://www.malaysian-explorer.com/index.html 15 | P a g e Malaysian Politics :: PAD 310 b) ERA OF COLONIALISM: DUTCH Sources: http://www.malaysian-explorer.com/MuziumNegaraGallery/.html • The Dutch defeated the Portuguese in 1641 with the assistance from Johor; • The centre of Dutch activity was not Malacca but Batavia (Jakarta); • The Dutch interested to take over Malacca to ensure that the port was not competing with Batavia so that Batavia could attract the merchants; • They also interested in tin ore in the Malay Peninsula. • Melaka was an important commercial entrepot on the west coast of the Malay Peninsula long before it fell to Portuguese forces in 1511, but thereafter began an extended process of decline that would continue after the Dutch conquest of the city in 1641. • Penang became a significant port after 1786 when 'country traders' created a base on the island to defy the Dutch monopoly, although it was quickly overshadowed by Singapore after the founding of a British settlement there in 1819. 16 | P a g e Historical Background Before Independence /01 c) ERA OF COLONIALISM: BRITISH Sources: http://www.malaysian-explorer.com/ MuziumNegaraGallery.html • The English merchant set up British East India Company in 1600 with the intention of improving trade in the region, especially with China; • China however was not interested, British therefore looked for trading zones in the Malay Archipelago; • In 1786 Penang Island came under the occupation of British followed by Singapore in 1819; • English and Dutch who had been hostile to each other because of trade decided to end their rivalry by signing the Anglo-Dutch Treaty in 1824; 17 | P a g e Malaysian Politics :: PAD 310 • A number of terms had been agreed upon in the Treaty: a) Dutch handed over Malacca to British in exchange of Bencoolen (Bangkahulu); b) The British and the Dutch agreed to work together to eradicate pirate activities; • Despite the Treaty however, Dutch and British trade rivalry continued to intensify, e.g. the dispute over Brunei; • To Malaysia, the effect of the Treaty was the split of the Malay Archipelago into two different sphere of influence which remain until today. i) Penang • Due to its importance in trade and as a port of call, the East India Company requested that Sultan Abdullah of Kedah lease Penang to them in 1784. The Sultan initially refused. However in 1785, due to the threats from Siam and Burma that were both competing for power, the Sultan offered Penang to the East India Company. • In return the East India Company was to assist Kedah if they were attacked by external forces, notably Siam or Burma. His offer was was accepted by Francis Light without the knowledge and approval of the Company. • In 1786, Francis Light declared British rule in Penang, naming it Prince of Wales Island. Sultan Abdullah of Kedah was upset when he learned the truth about the agreement. He decided to drive the British out of Penang. The British, however, struck first, and was able to easily defeat Sultan Abdullah's fleet. 18 | P a g e Historical Background Before Independence /01 • On 1 May 1791, Sultan Abdullah signed an agreement acknowledging British occupation of Penang. (Nordin Husin, Muzium Negara Gallery). British In Penang Sources : http://www.google.com.my/search?picture ii) Singapore • The British occupation of Singapore began with the Treaty between Temenggung Abdul Rahman and Sultan Husin with Stamford Raffles on 6th February 1819. Among other matters, this treaty allowed the Company to build bases or plants in Singapore with the Company governing and funding the building of the port at Singapore. • This Treaty was further signed by both parties on 7th June 1823 and included amongst others, an agreement by Sultan Husin and Temenggung Abdul Rahman that allowed the Company to use land in Singapore not owned by them. 19 | P a g e Malaysian Politics :: PAD 310 iii) Melaka • The British initially occupied Melaka on the basis of the Kew Letters from 1795 till 1818. From 1818 till 1824, the Dutch reoccupied Melaka. When the London Treaty or the Anglo-Dutch Treaty took effect on 17 March 1824, the British occupied Melaka, exchanging Bencoolen (Bengkulu) and Sumatra with the Dutch. • Penang, Singapore and Melaka were administratively combined in 1826. These 3 states were known as the Straits Settlements. Its administrative center started in Penang. It was headed by the Governor of the Straits Settlements • In 1832, the administrative centre moved to Singapore. Sir Thomas Stamford Raffles Sources: http://www.google.com.my/search?picture 20 | P a g e Historical Background Before Independence /01 British Intervention In Malay States YEAR CHRONOLOGICAL EVENTS 1786 Penang Island was founded by Francis Light 1819 Singapore was founded by Stamford Raffles 1824 The Dutch handed over Malacca to British as a result of Anglo-Dutch Treaty 1826 Penang Island, Malacca and Singapore were combined into one administrative unit known a the Straits Settlements 1841 James Brooke took over Sarawak 1874 British intervention in Perak through the Pangkor Agreement 1874 British intervention in Sungei Ujong, Negeri Sembilan 1878 The Sultan of Brunei handed over Sabah to British 1888 British intervention in Pahang 1896 Perak, Selangor, Negeri Sembilan and Pahang were united into one administration unit known as Federated Malay States 1909 Siam handed over Kedah, Perlis, Kelantan and Terengganu to the British under Bangkok Agreement 1914 Johor accepted a British Advisor 1945 The British Administration System (BMA) was established 1946 The Malayan Union was established in Peninsula Malaya 1948 The Federation of Malaya was established to replace Malayan Union 21 | P a g e Malaysian Politics :: PAD 310 Armed Struggles YEAR AREA NATIONALIST 1824 Naning Dol Said (Abdul Said) 1870 Selangor Raja Mahadi 1875 Perak Dato’ Maharajalela & Dato’ Sagor 1891 Pahang Dato’ Bahaman, Tok Gajah & Mat Kilau 1915 Kelantan Tok Janggut (Haji Mat Hassan) 1928 Terengganu Haji Abdul Rahman Limbung 1853 – Sarawak Rentap, Sharif Masahor, 1920 Abdul Ghapor, Banting & Asun 1894 - Sabah Mat Salleh & Antanum 1915 British Administration: The Straits Settlements • The Straits Settlements consisted of Singapore, Malacca and Penang Island; • These states were united in 1829 and Penang was the first capital states with the Governor as head; • On 1st April 1867, the administration of the Straits Settlement was transferred from Culcutta, India to London, by the same act that declared the Straits Settlement as British colonial territory; • 22 | P a g e The effects of this acts were: - More efficient administration - More commercial agriculture activities - Pirate activities were eradicated - The British began to pay attention to the Malay states Historical Background Before Independence /01 British Administration: The Federated Malay States • Through the Federation Agreement in 1896, Selangor, Perak, Pahang and Negeri Sembilan were consolidated under one central ruling known as Federated Malay States; • Among the conditions of the Federal Treaty was the acceptance a British Officer with the title of Resident-General, to advice on all aspects except on issues relating to Islam and Malay customs; • The factors behind this establishments were: - To improve administration efficiency and uniformity - To address financial problems of Pahan - To collect resources of all member states for a common benefits - To check the Resident’s power British Administration: The Unfederated Malay States • Before 1909,before the Bangkok Treaty, Kelantan, Terengganu, Kedah and Perlis were under the protection of Siam; • Through the treaty, the Siamese agreed to hand over all the states to British. As a result, a British advisor was appointed to each state; • The effects of the treaty were: - Restricted the expansion of Siamese power while protected British interests. - Made it difficult for other western powers to penetrate Malay states - Facilitated the expansion process of British power • In 1914, Johor accepted British advisor • In 1919 British administratively combined the five states as the NonFederated Malay States. 23 | P a g e Malaysian Politics :: PAD 310 RELEASE YOUR TENSION & TEST YOUR IQ! IQ TEST OK. Pay close attention. Here is a very simple little test comprised of four easy questions to determine the level of your intellect. See if you have what it takes to be considered "smart." Your replies must be spontaneous and immediate, with no deliberating or wasting of time. And no cheating! On Your Mark, Get Set, Go... 1: You are competing in a race and overtake the runner in second place. In which position are you now? ANSWER: If you answered that you're now in first, you're wrong! You overtook the second runner and took his place; therefore you are now in second place. For the next question try not to be so dim. 2: If you overtake the last runner, what position are you now in? ANSWER: If you answered second to last, you are wrong once again. Think about it...How can you overtake the person who is last? If you're behind them, they can't be last. You would have been last. It would appear that thinking is not one of your strong points Question 3 – And now, try to imagine the impact of Colonialization from Portuguese, Dutch and British and state what happened in that era. d) ERA OF COLONIALISM: JAPANESE 24 | P a g e Historical Background Before Independence /01 • Despite putting up a strong resistance, the British Army in Malaya finally surrendered to the Japanese on 15 February 1942. • The conquest of the whole of Malaya was fast and effective. The entire country and Singapore were defeated in only 70 days. • The attack started from two directions, from the East and the West. • The main aim of the Japanese was to establish a New Great East Asia government. • The Japanese promised to declare independence in certain South East Asian countries. Japanese Invasion Of Malaya In December 8, 1941 - January 31, 1942 Sources: http://jbwid.com/gijfa02b.htm 25 | P a g e Malaysian Politics :: PAD 310 JAPANESE TROOPER, MALAYA 1944 Sources: http://jbwid.com/gijfa02b.htm JAPANESE INFANTRY IN MALAYA Japanese greatly increased mobility by using bikes. Sources: http://jbwid.com/gijfa02b.htm 26 | P a g e Historical Background Before Independence /01 Bicycle used during Japanese occupation Sources: http://www.malaysian-explorer.com/index.html Japanese troops moving through Kuala Lumpur during their advance through Malaya Sources: http://www.malaysian-explorer.com/index.html 27 | P a g e Malaysian Politics :: PAD 310 i) Japanese Success Factors The Japanese military conquered Malaya quite easily although the British military was equipped with better firearms and were greater in number than the Japanese because: - The British were not prepared for the war. They did not anticipate the Japanese attack from the north; - The Japanese had a comprehensive plan in which they had a network of spies in Malaya; - The Japanese soldiers were in excellent form because of intensive training and were led by capable and experienced leader (such as Yamashita and Tsuji). They were enthusiastic and inspired to fight for the importance and supremacy of Japan; - The Japanese had practical war tactics, such as using bicycle even in the jungles and villages. The British on the other hand, lacked the spirit of war, especially after the first round of attacks; - A large number of the British soldiers consisted of Indians who were still young and inexperienced in warfare. ii) Era of Colonialism: Japanese Occupation The Japanese occupation was an important event in the history of Malaya, although they occupied for only 3½ years, because they had great impact on the social, economic and political life of the citizens in our country; iii) Social Aspect Worsened Malays – Chinese relationship The Japanese invasion attacked the relationship among races in the country because the Japanese were against the Chinese and on the side of the Malays. This made the Chinese seek refuge at the edge 28 | P a g e Historical Background Before Independence /01 of the jungles. The misunderstanding between the Malays and Chinese continued even after the Japanese had surrendered. (MPAJA vs Special Malay Soldiers) iv) Economic Aspect Malaya was in complete confusion. Much of the economic infrastructure was destroyed and economic activities were disrupted causing the lives of the people to become worse and inflation continued to escalate. v) Political Aspect Raised political awareness among the Malays It was found that the Japanese administration was a period of misery for the local citizens and the experience raised their political awareness. The Malays were attracted to the slogan “Asia for Asians” which stirred them to build their own government. The Chinese on the other hand, established the Malayan Peoples’ AntiJapanese Army (MPAJA) to fight the Japanese and strengthen the Malayan Communist Party (MCP). The Japanese used the police force (mainly Malays) to fight against MPAJA (mainly Chinese), thus causing racial friction and fighting between the Chinese and the Malays. 29 | P a g e Malaysian Politics :: PAD 310 BANANA LEAF MONEY Sources: http://www.malaysian-explorer.com/picture.html 30 | P a g e Historical Background Before Independence /01 e) ERA OF COLONIALISM: BRITISH RETURN • When the Japanese surrendered towards the end of World War II, the Communist Party of Malaya (MCP) or Malayan Peoples’ Anti Japanese Army (MPAJA) (Three Stars) had the chance to be in power. • History shows that the MCP got to control Malaya for 14 days. During that time and from time-to-time thereafter, its members created trouble and chaos. • The MPAJA terrorized and took revenge on the Malays, whom they accused of supporting the Japanese who had treated the Chinese badly during the Japanese rule. • British returned to Malaya in September 1945. • To restore peace, the British Military Administration (BMA) was established. However, the bloody conflict between the Chinese and Malays had left lasting negative racial sentiment between the two communities. i) Communist Uprising and Emergency Era • The majority of the country’s population did not support the communist ideology. • For the Malays, communism was against Islamic teachings as it denied the existence of God. Besides, the MCP was dominated by the Chinese and created suspicion among the Malays and the Indians. 31 | P a g e Malaysian Politics :: PAD 310 • There were also many among the Chinese who were not interested in joining MCP. They were instead, more interested in economic activities and in improving the economy. • The MCP failed to achieve their vision of conquering the country through the Constitution and peace. Hence, they had to use other methods such as violence to defeat the British Government in Malaya. • In June 1948, the MCP launched an armed uprising in Malaya. Between 1948 to 1951, MCP launched several attacks on estates, mines, police stations and the general public, especially the Europeans. • The MCP employed guerrilla war tactics. Their strategy was to cripple the Malayan economic. ii) Efforts to Eradicate Communism The effective strategies implemented by the British in its campaign against the communist resurrection in Malaya 1) Declaration of Emergency and Emergency Law • On 16 June 1948, Sir Edward Gent, a British High Commissioner, declared Perak and Johore emergency area; • On 17 June 1948 a state of emergency was declared on the whole of Malaya; • On 23 July 1948 the MCP was officially outlawed; • The Emergency Law of 1948 gave powers to the police and soldiers to arrest and detain communist suspects without trial; 32 | P a g e Historical Background Before Independence /01 • The military force also imposed roadblocks and curfew in areas where communist activities were rife; • The registration system was also introduced where citizens aged 12 years and above must register and own an identification card, now known as identity card. 2) Briggs Plan Sources: http://www.google.com.my/search?picture • Sir Harold Briggs introduced the Briggs Plan to eradicate communist activities through a strategy to relocate the squatter areas from the edge of the forest to a new village, and to launch starvation movement; • The relocation plan started on 1 June 1950 in Johore. Towards February 1952, more than 400,000 Chinese squatters were relocated to approximately 400 new villages; 33 | P a g e Malaysian Politics :: PAD 310 • The plan was aimed at restricting the Chinese from supplying food, medicine and information to the communist guerrillas who were hiding in the jungle; • This plan was effective in eradicating communist violence because it weakened Min Yuen activities and forced the communist out of the jungles. 3) Military Measure Sources: http://www.google.com.my/search?picture • Sir Gerald Templer was appointed to the High Commissioner of Malaya in 1952 to replace Sir Henry Gurney. • As a military general, he used firm military force to fight the communists. His military tactics included the use of 13 battalions of English soldiers, Gurkhas and Malays; training 67,000 special Malay soldiers and forming home guards systems with 210,000 of them in 1953, and recruiting assistance from the Commonwealth military, such as from Australia, New Zealand and Rhodesia; 34 | P a g e Historical Background Before Independence /01 • The strength of the military team enabled the government to launch more aggressive attacks on the communists and ensured that food was not smuggled out for the guerrilla communists. 4) Psychological Warfare (Templer Plan) • Sir Gerald Templer also launched psychological warfare upon the communist terrorists by taking a number of actions. This strategy can be said one of the factors for the success of the government in ending communist revolution. It encouraged the people of Malaya to work together with the government to eliminate the communist terrorist; • Among them were making conditions easier for non-Malay obtain citizenship, pardoning in large number the MCP members who surrendered, rewarding people who provided information on the communist terrorist and giving out pamphlets calling the communist terrorist to give up their fight; • Beside that he introduced the system of ‘white and black areas”. The white area is an area that is free from communist activities, while the black area for the opposite case; • Templer also introduced curfews in areas where soldiers were hunting for the communists; 5) Baling Negotiation • After experiencing a decline following government actions to contain it, the MCP decided to negotiate with the government of Malaya. • The negotiation is known as Baling Negotiation because it was held in Baling, Kedah on 18 and 29 December 1955. 35 | P a g e Malaysian Politics :: PAD 310 • Tunku Abdul Rahman, David Marshall and Tan Cheng Lock represented the government while Chin Peng, Chen Tien and Rashid Maidin represented the MCP. • The MCP requested to be legally recognized but the request was turned down. The negotiations failed as MCP further rejected the government’s counter offer and refused to lay down their arms. Take a break….. Let’s try to answer these questions What the effective strategies implemented by the British in its campaign against the communist resurrection in Malaya 1.1.3 Post-colonialization and the struggle for independenc BRITISH ADMINISTRATION British Administration 1945 - 1957 British Military Administration (BMA) Sep.1945 – Mar. 1946 36 | P a g e Malayan Union (MU) Apr. 1946 – Feb. 1948 Federation of Malaya (FM) Feb. 1948 – Aug. 1957 Historical Background Before Independence /01 a) Malayan Union • The plan was announced on 10 October 1945. 11 States Would Be Combined: Territories of the Straits Settlements Penang & Malacca Singapore was remain a separate colony 4 Federated Malay States 5 Non-Federated Malay States PURPOSES: Uniformity of administration; Lower administration costs; Strengthen defense; Improve political stability (centralized govt.); Increase economic development; Preparation for Malaya self-government. THE CONTENTS OF Malayan Union Concept of Administration Malay Special Rights Citizenship 37 | P a g e Malaysian Politics :: PAD 310 b) Concept of Administration • Governor as the head of union - Residential Commissioner as the chief executive in each state empowered to administer directly without obtaining advise from sultan; • Malay Rulers (Sultan/Raja) retained as the heads of their respective states, but only in the capacity of advisor pertaining Islamic religion and Malay customs. c) Malay Special Right • Elimination of Malays’ Special Rights • Equal rights for all citizens d) Citizenship • Based on jus-soli (determined by territory in which a person was born) - Anyone born in the country after the formation of MU would be entitled for citizenship. e) Process and Malay Protest • On 12 October 1945, Sir Harold MacMichael was sent by the British Government to obtain consents from 9 Malay Rulers; • Sir Harold MacMichael used threats and pressure to obtain the signatures. • The Malay launched their opposition because: 1) They could not tolerate the contents of Malayan Union (MU); 2) They were so disappointed with the dirty tactics used by Harold MacMichael to obtain the signatures. 38 | P a g e Historical Background Before Independence /01 f) DATE EVENT Nov. 1945 8 Malay Associations in Johor combined to form Johor Malay League Jan. 1946 Dato’ Onn Jaafar formed the Peninsular Malay Movement Mar. 1946 1st Conference of Malay Organization as held. This Pan-Malayan Malay Congress resolved to form a political party to force British to withdraw the proposal Apr. 1946 • Malay Rulers were advised to stay away from the installation ceremony of Governor • Malays went into mourning for 7 days by wearing a white band around their songkok as a mark of grief over the loss of Malay selfrespect and Malays Rulers’ power • 2nd Pan-Malayan Malay Congress – Malays appointed to the Advisory Council were asked to boycott the councils May 1946 onwards z 3rd Pan-Malayan Malay Congress – the United Malays National Organization (UMNO) was established z Demonstrations were staged all around Malaya z UMNO leaders traveled throughout the country to rally support the opposition Proclamation and Dissolution 1) All the protests were ignored by the British and Malayan Union was proclaimed on 1st April 1946; 2) However, due to relentless protests, the Malayan Union lastly was forced to dissolve in 1948. 39 | P a g e Malaysian Politics :: PAD 310 1.1.4 Nation Building Nation-building refers to the process of constructing or structuring a national identity using the power of the state. This process aims at the unification of the people or peoples within the state so that it remains politically stable and viable in the long run. a) Federation of Malaya: Purpose & Contents • In July 1946, a working committee was set-up to draw a new constitution to replace MU. • Council Members: - Chief Secretary of MU (Chairman) - 4 representatives of Malay Rulers - 2 representatives of UMNO - 6 British officials • Purpose: To replace MU with a new constitution by taking into consideration the views of all groups, especially the Malays. • Contents (Report Published On Dec. 1946): - Restoring the sovereignty and power of Malay Rulers; - Returning special rights to the Malays; - Stiffening citizenship requirements to non-Malays. b) Protests and Claims Radical Malays • Under chairmanship of Dr. Burhanuddin Helmi, they formed Pusat Tenaga Rakyat (PUTERA) comprising Parti Kebangsaan Melayu 40 | P a g e Historical Background Before Independence /01 Malaya (PKMM), Angkatan Pemuda Insaf (API) and Angkatan Wanita Sedar (AWAS) Putera Put Forward 4 Claims: 1) Malay language to be the official language of the country 2) Foreign Relation and Defense would be jointly shouldered by Malaya and British government 3) Term ‘Malay’ would be used to describe the nationality of the people in Malay 4) National flag would contain national colors of the Malay people Non-Malays • Under chairmanship of Tan Cheng Lock, they formed Pan-Malayan Council of Joint Action (PMCJA) comprising of Malayan Democratic Party (MDU), Malayan Indian Congress (MIC) and Malayan New Democratic Youth League (MNDYL) PMCJA Put Forward 6 Claims: 1) Malaya should be united with Singapore 2) A Central Legislative Assembly established and elected by people 3) Equal rights for everybody who consider Malaya their homeland 4) Special attention given to Malay to advance 5) Continued Sovereignty of Rulers but based on const. monarchy 6) Matters pertaining Islam and Malay customs left to Malay comm. • PUTERA and AMCJA later reached an agreement to unite and together oppose the Federation of Malaya Constitution; • The accepted each others’ suggestions and called the claims the tenpoint PUTERA-AMCJA joint proposals as PEOPLE’S CONSTITUTION. 41 | P a g e Malaysian Politics :: PAD 310 Implementation • The British formed a Legislative Committee that comprising nonMalays including Britons to consider the protests; • In March 1947, the recommendations of this committee were presented to the council; After several changes, it was then accepted by the British; • In January 1948, the British obtained signatures from Malay Rulers; • On 21st February 1948, the Federation of Malaya government officially replaced the Malayan Union c) Efforts towards Independence 1) Community leaders realized that the unity of people was extremely important for: • Integration of demand for independence; • Realization of self-government. 2) Therefore, Dato’ Onn Jaafar, the UMNO President changed the principle of struggle from ensuring Malaya belonged to Malays to “Malaya for Malayans”, and his change of attitude received support from the British. 3) In line with this inter-racial concept, Dato’ Onn decided to open UMNO membership to other communities and changed its name to United Malayans National Organization. 4) Dato’ Onn proposal was strongly opposed by the members, therefore he resigned from his leadership in 1950. 42 | P a g e Historical Background Before Independence /01 5) He was persuaded to resume office a few months later, and again he raised the issues of opening up UMNO to non-Malays, but the members again resisted to his plan. 6) Frustrated by the action, Dato’ Onn left UMNO on 27 August 1951 and formed the Independence of Malaya Party (IMP) on 16 September 1951. 7) Tunku Abdul Rahman then was appointed as the new president of UMNO. d) Alliance Party and General Election 1) The UMNO and MCA pact marked the emergence of the countrywide Alliance Party. 2) Then, the Malayan Indian Congress (MIC) founded by John Thivy in 1946 decided to join the accord. 3) In 1955 General Election for the Federal Legislative Council the UMNO-MCA-MIC Alliance Party won 51 out of 52 seats contested. 4) The 1955 election was a preparation towards Malaya selfgovernment. 5) The success of the Alliance showed that the people supported multiracialism. 6) It also signaled to the British that there was no longer any reason to entertain doubts about political stability or to be hesitant about granting independence to Malaya. 43 | P a g e Malaysian Politics :: PAD 310 e) Negotiations for Independence 1) In early 1956, talks on the independence were held in London. 2) The British announced that they were prepared to grant independence with two requirements: • British troops must be allowed to remain in the country for security reasons; • Malayan government had to pay compensation to British officers who would have to vacate their posts. 3) The British also promised to appoint a commission to draw up a constitution for Malaya CONSTITUTIONS AFTER INDEPENDENCE CONSTITUTIONS AFTER INDEPENDENCE Constitution of Malaya Independence 1957 • Constitution of Malaysia 1963 A Federation of Malayan Constitution Commission was formed soon after the London talks and held its first meeting in June 1956. • The Commission was headed by Lord Reid from Britain. • Based on memorandum and feedbacks from parties in the country, Reid Commission drew up a constitution and released it in February 1957. 44 | P a g e Historical Background Before Independence /01 • Through negotiations, compromises were reached among the various communities in the country. • The draft constitution was amended accordingly and passed on 27 August 1957. • On 31 August 1957 the British declared the independence of Malaya. MERDEKA…MERDEKA…MERDEKA!!! 45 | P a g e Malaysian Politics :: PAD 310 1.1.5 Social Contract • The people decide someone or a group of members to become a leader to make decisions and to guide them. • Members of the society made an agreement and it is known as ‘Social Contract’ where they all voluntarily agreed to give power to those appointed group/people. • Jean Jacques Rousseau said that, “…man created a contract among themselves to improve the society and enjoy human freedom”. • Thomas Hobbes proposed, “…that citizen should enter into social contract with a powerful ruler. The ruler would provide security in return for people acceptance of his rights to rule”. • Social contract leadership is based on a social contract theory that indicates “…a state and its citizens have an unwritten agreement between them, a social contract into which they voluntarily enter”. • The social contract theory also can be defined as the idea that the state was established through some of agreement between the citizens of the state. a) Chronology of the social contract leadership • Man existed originally in the state of nature before the social contract was established. • The state of nature may be pre-social (before society existed). In the state of nature, laws established were the Law of Nature / Natural law and every individual has some form of natural rights. 46 | P a g e Historical Background Before Independence /01 • Mankind then decided to establish a Social Contract and create a Civil Society, a society that is based on civil laws, which are man made and establish civil rights. • All the people in the society established an agreement to surrender certain rights that they possess in exchange for rights / privileges the agreement led to the separations of the subjects (all the people in the civil society) and the sovereign (the sources of law). • Therefore, a sovereign was established to ensure that laws are made, adjudicated and executed – the sovereign may take the form of some kind of government or means or the whole civil society itself. (Gordon P. Means (1991), Malaysian Politics: The Second Generation. Singapore: Oxford University Press). 1.1.6 Federal Constitution • The Federal Constitution of Malaysia is the supreme law of Malaysia. • The 1957 Constitution of the Federation of Malaya is the basis of this document. It establishes Malaysia as a constitutional monarchy having the Yang di-Pertuan Agong as the Head of State whose roles are largely ceremonial. • It provides for the establishment and the organization of three main branches of the government: the bicameral legislative branch called the Parliament, which consists of - The House of Representatives and the Senate; - The executive branch led by the Prime Minister and consists of Cabinet Ministers; and - The judicial branch headed by the Federal Court. 47 | P a g e Malaysian Politics :: PAD 310 What is a Constitution? • Basic rules that structure a government, usually written. • A written document stating the fundamental rules by which a political system is governed. (Roskin et al) • The way of life the state has chosen for itself. (Aristotle) • The basic rules of a political system or organization. ( Moten & Abdel Salam) • The Malaysian constitution is a written constitution that contains 15 Sections, 183 Article and 13 Schedule. Importance of Constitution • A statement of national ideals • Formalizes the structure of the government • Establishes the legitimacy of the government Methods of establishing Constitution 1) king’s Decree 2) Evolution 3) Revolution 4) Deliberate creation through Constituent Assembly a) Background of constitution • A constitutional conference was held in London from 18 January to 6 February 1956 attended by a delegation from the Federation of 48 | P a g e Historical Background Before Independence /01 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 Queen Elizabeth II and the Malay Rulers. • Accordingly, the Reid Commission, consisting of constitutional experts from fellow Commonwealth countries and headed by Lord (William) Reid, a distinguished Lord-of-Appeal-in-Ordinary, was appointed by the Queen and the Malay Rulers • 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 27 August 1957. Formal independence was only achieved on 31 August however. • The constitutional machinery devised to bring the new constitution into force consisted of: - In the United Kingdom, the Federation of Malaya Independence Act 1957, together with the Orders in Council made under it. - The Federation of Malaya Agreement 1957 between the government of the United Kingdom and the government of the Federation of Malaya. - In the Federation, the Federal Constitution Ordinance 1957 by the Parliament. - In each of the Malay states, state enactments approving and giving force of law to the federal constitution. • The Constitution of Malaya (with significant amendments) was used as the basis for the Constitution of Malaysia when Malaya, Sabah, Sarawak, and Singapore merged to form Malaysia in 1963. 49 | P a g e Malaysian Politics :: PAD 310 b) What is a good Constitution? Possess the following characteristics: 1) Written 2) Definite and clear in meaning 3) Comprehensive 4) Incorporate all fundamental rights of the people 5) Limit the power of the government 6) Should be amendable, legally without too much difficulty. 7) Correspond to the actual conditions of the state. Classification of Constitution 1) Written – most of the fundamental principles of governmental organization are written down in a document/ series of documents.i.e; Const. of Malaysia, Bangladesh, Canada. 2) Unwritten – most of the fundamental rules & regulation regarding the structure of the government or fundamental rights & liabilities are not written down in a document. • They may be scattered in various documents or found in usages, customs, traditions, etc. i.e; the constitution of Britain. • 50 | P a g e A written constitution has some unwritten elements and vice versa. Historical Background Before Independence /01 Constitutionalism • A system that limits the power of the government, respects the individual rights, subjects both governors and governed to the same law. (Moten & Abdel Salam) • c) It stands for the supremacy of law and not of the individuals. The content and amendments of the constitution • Malaysia is a federation • Malaysian is a constitutional monarchy • Malaysia is a country that practices parliamentary democracy • Religious freedom with Islam as the official religion of Malaysia • Supremacy of the constitution and the rule of law • Doctrine of the the separation of power in which the judiciary, legislative and the government has each its freedom to carry out its different functions with no conflict of interest • Validity and transparency of the judiciary with exclusive powers subject to the provisions of the constitution • National language, citizenship and the special rights of the Malays and the native tribes of Sabah and Sarawak • The Malaysian constitution contains 15 section, 183 clauses or articles and 15 schedule 51 | P a g e Malaysian Politics :: PAD 310 • The Malaysian constitution is not set and rigid. It is alive and functions all the time • To maintain efficient management of the country’s administration such as standardizing the regulations of land matters in the states of the federation • To control the country’s peace as happened several times to the regulation relating to the Internal Security Act • The people’s interest can be protected if it is found that the present laws are not satisfactory i) Amendments • The constitution itself provides by Articles 159 and 161E how it may be amended (it may be amended by federal law), and in brief there are four ways by which it may be amended: 1) Some articles may be amended only by a two-thirds majority in each House of Parliament but only if the Conference of Rulers consents. These include: • Amendments pertaining to the powers of sultans and their respective states • The status of Islam in the Federation • The special position of the Malays and the natives of Sabah and Sarawak • The status of the Malay language as the official language 2) Some articles of special interest to East Malaysia may be amended by a two-thirds majority in each House of Parliament but only if the Governor of the East Malaysian state concurs. These include: • Citizenship of persons born before Malaysia Day • The constitution and jurisdiction of the High Court of Borneo 52 | P a g e Historical Background Before Independence /01 • The matters with respect to which the legislature of the state may or may not make laws, the executive authority of the state in those matters and financial arrangement between the Federal government and the state. • Special treatment of natives of the state 3) Some articles may be amended by a two-thirds majority in each House of Parliament, and these amendments do not require the consent of anybody outside Parliament 4) Some articles, these are not the most important, may be amended by a simple majority in Parliament. d) Uniqueness and Important Provisions • The constitution of the federation of Malaya that the later became the constitution of the Federation of Malaysia, was born at the same time as the Independence of Malaya on 31 August 1957 • Structure of the country such as the institution of the YDPA, the special provision for the needs of a multi-racial country with a variety of cultural customs and beliefs. • The 5 main articles – the national language, religion, the special position of the Bumiputras, citizenship and the basic right i) Language Article 152 Article 152 states that the national language is the Malay language. However, the Constitution guarantees the freedom of learning and using of other languages, except on official purposes. Official purposes here mean any purpose of the Government, whether Federal or State, and includes any purpose of a public authority. The official script for the Malay language is determined by Parliament. The 53 | P a g e Malaysian Politics :: PAD 310 current orthography is the Latin alphabet or Rumi; however, use of Jawi is not prohibited. • Determine the true identity of nation • The Malay language was easily accepted as the national language because it was relatively easier to learn and was widely used among all the communities • The Malay language was made the official language on the condition that anybody who wants to study any other language was able to do so • The time frame for the switch from English to Malay as the official language (as provided in the constitution) is 10 years • The Malay language was the lingua franca in the region for centuries – widely used during the golden age of Malacca • In the Malaysian Constitution the provision for the Malay Language as the national language is recorded under Article 152, section XII. • The national language decided upon is the Malay Language • Nobody will be prohibited or hindered from using, teaching or learning another language • The government has the right to maintain the use and learning of the language of any other community in the Federation Development of the National Language • Various authorities such as the Ministry of Education and agencies like the Language and Literary Agency (DBP) sponsored relevant meetings to popularize the use of the Malay language as the national language • To ensure that nobody raises the language issue, the (1971) constitution (Amendment) Act was passed. Whoever raises the issues could be charge under the Internal Security Emergency Act of 1948 54 | P a g e Historical Background Before Independence /01 Current Status • The Malay language has functioned as the national language for almost half a century and has achieved the role desired under Article 152 of the constitution • Malay language as the National Language is still not fully used at all levels and in the official arena, the capability of the language has been proven. ii) Religion Article 11 Though Islam is the religion of the Federation, Article 11 provides that every person has the right to profess and practice his own religion. Every person has the right to propagate his religion, but state law and, in respect of the Federal Territory, federal law may control or restrict the propagation of any religion, doctrine or belief among persons professing the Muslim religion. There is, however, freedom to carry on missionary work among non-Muslims. • Islam came to Malaysia more 500 years ago, before Malacca was subjugated by the Portuguese in 1511 • Islam is the federation’s official religion and at the same time freedom of worship by followers of other religions is assured • Everyone has the right to follow and practice his own religion • Religious belief is the most basic matter in life • Islam is the official religion of the federation, but followers of other religions are not hindered from practicing the teaching of their religion • For states without a Ruler/Sultan, the YDPA is the head of Islam in the state • Every human being must have a conviction or religious belief 55 | P a g e Malaysian Politics :: PAD 310 • Religion is provided for in Part I, chapter 3 of the Malaysian Constitution • Islam is the official religion of the federation, but other religions are allowed to be practiced in peace and harmony in any part of the federation (Article 1) • For states without a sultan or ruler (Sabah,S’wak,Malcca, and Penang Island) and the federal Territories (Kuala Lumpur, Labuan and Putrajaya) the head of Islam is the YDPA (Article 3) • In states that have a ruler or Sultan as head of state, the Sultan or rulers is the head of Islam in the state concerned (Article 2) iii) Citizenship • Citizenship is a special status held by the people who have the right to be in a country and this status gives rights, benefits and certain facilities • Special rights a citizen obtains are: - The right to vote in an election - The right to take an active part in politics including contesting for an election seat. - The right to fill a post that is exclusively for citizen only - Free to own landed property and considered for special terms relating to poverty development - The right to receive a number of benefits and facilities in the country including welfare benefits, education and so on - Freedom of movement throughout the country - The right not to be exiled - A citizenship can be active in politics including contesting for an electoral seat that enables him to hold an important political post such as becoming a minister - A citizen is expected in return to repay in the form of national services if necessary, follow the laws and contribute to the economy of the country 56 | P a g e Historical Background Before Independence /01 • The first citizenship laws for the country were those drawn up in 1948 in the Federation of Malaya Agreement. The laws were improved upon in 1952, to decide on the citizenship status of the people • The changes in 1952 decided that all subjects of the Rulers or Sultans in every state are automatically citizens of the federation • The 4 methods by which citizenship status can be acquired are founded upon the following factors include the jus soli (place of birth), jus sanguine (decent of blood), marriage and naturalization • Under the naturalization method, a resident who has been here for long time (at least 10 years) can apply for citizenship status if he fulfils certain conditions such as a good knowledge of the Malays language and good behavior • A person citizenship can be withdrawn if he violates the laws of the land or has acquired his status dishonestly iv) Basic Right in the Constitution • Three (3) important aspects of the basic rights given to the people of the country are freedom of the individual, freedom of worship and economic freedom • The basic freedoms are coded (made into laws) as a check and balance to the executors of power so that the people will not be oppressed or unfairly treated • The laws are moderated at the international level. Neutral bodies such as Suhakam also function nationally to ensure the basic human rights are protected 57 | P a g e Malaysian Politics :: PAD 310 • The fundamental freedoms are given within the confines of the laws that gives priority to the public peace • The rights is withdrawn in the event an action on the part of a citizen is found to threaten the public peace and the moral good of the people • The special provision of Article 153 like the provision on citizenship and the national language are the outcome of the special attention given to the matter by the Reid Commission that was asked to the deliberate on the questions of national identity and unity 58 | P a g e
