FEBRUARY 13 — Perhaps there could not be a more suitable time than the present to have the government of the day re-visit the vision and hopes and foresight of our founding fathers in relation to the unification and integration of the citizens of Malaysia.
In the 1957 Reid Commission Report which was formed to draft our Federal Constitution, the following was envisioned.
Paragraph 163 of the report states:-
163. Our terms of reference require that provision should be made in the Constitution for the ‘safeguarding of the special position of the Malays and the legitimate interests of other Communities’. In addition, we are asked to provide ‘for a common nationality for the whole of the Federation and to ensure that the Constitution shall guarantee a democratic form of Government. In considering these requirements it seemed to us that a common nationality was the basis upon which a unified Malayan nation was to be created and that under a democratic form of Government it was inherent that all the citizens of Malaya, irrespective of race, creed or culture should enjoy certain fundamental rights including equality before the law. We found it difficult, therefore, to reconcile the terms of reference if the protection of the special position of the Malays signified the granting of special privileges, permanently, to one community only and not to the others. The difficulty of giving one community a permanent advantage over the others was realised by theAlliance Party, representatives of which, led by the Chief Minister, submitted that – “in an independent Malaya all nationals should be accorded equal rights, privileges and opportunities and there must not be discrimination on grounds of race and creed ...” The same view was expressed by their Highnesses in their memorandum, in which they said that they “look forward to a time not too remote when it will become possible to eliminate Communalism as a force in the political and economic life of the country”.
The late Tunku Abdul Rahman and the Malay Rulers, in all their wisdom and foresight had made it very clear and envisaged that a time would inevitably come where race based political and economic life would be eliminated.
That time is now. With Malaysians having the political maturity, albeit after six decades, to change the federal government, indicates that it is possible for Malaysians across the board to unite for a better future.
At paragraph 165 of the report, it was recommended:-
165. We found little opposition in any quarter to the continuance of the present system for a time, but there was great opposition in some quarters to any increase of the present preferences and to their being continued for any prolonged period. We are of opinion that in present circumstances it is necessary to continue these preferences. The Malays would be at a serious and unfair disadvantage compared with other communities if they were suddenly withdrawn. But, with the integration of the various communities into a common nationality which we trust will gradually come about, the need for these preferences will gradually disappear. Our recommendations are made on the footing that the Malays should be assured that the present position will continue for a substantial period, but that in due course the present preferences should be reduced, and should ultimately cease so that there should then be no discrimination between races or communities.
It is clear that there was consensus that preferences for Malays would continue for a substantial period of time, but never was it intended to be indefinitely. It was meant to be reduced and ultimately cease, so as to unite Malaysians into a common nationality.
It would then come down to the political will of the PH government to consider the recommendations of the Reid Commission, and heed the call of our founding fathers who saw a united nation, not a divided one.
The Reid Commission further observed the following at paragraph 167:-
167. The effect of our recommendations is that with regard to other preferences to Malays no new quota or other preference could be created. These preferences can only be lawfully created or continued to the extent to which that is specifically authorised by the Constitution. With regard to the existing quotas which we have referred to above we recommend that the Malays ought to have a substantial period during which the continuance of the existing quotas is made obligatory, but that, if in any year there are not enough Malay applicants qualified to fill their quota of vacancies, the number of appointments should not be reduced and other qualified applicants should be appointed in sufficient numbers to fill the vacancies. We recommend that after 15 years there should be a review of the whole matter and that the procedure should be that the appropriate Government should cause a report to be made and laid before the appropriate legislature; and that the legislature should then determine either to retain or to reduce any quota or to discontinue it entirely.
During the conception of our nation 1957, it was made known that there would be a 15 year period before a review of the quota system. We are now in 2020.
It is to be noted that the Government White Paper had modified the recommendations in the Reid Report to create the Merdeka Constitution of 1957, which removed the original intent of the Reid Commission.
Perhaps one can look at it from this perspective in 2020 through the eyes of the original intent of our founding fathers.
Since there is a new Malaysia now, under a new federal government, allow the preferences to Malays enshrined in the Federal Constitution to continue for a definite period with the undertaking that it would be reduced and ultimately cease.
This is probably the best thing that can happen to all Malaysians in general.
*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
