Broken Promises: The Malaysian Constitution and Multiculturalism

By Dr. Azmi Sharom

In 1835 Malays made up nearly 90% of Malaya’s population. In 1947 this number was closer to 50%. Therefore during a time when Malayan political consciousness was awakening (the 1946 British introduction of the Malayan Union which effectively placed the entire peninsular under direct British rule galvanised what can be described as the Malayan left and the forefathers of the current ruling elite), it could hardly be described as homogenous.

The 1957 Federal Constitution of Malaya reflected this change in the personality of the country.  It was and is a strange creature that combines liberal democratic ideals and what can only be described as racially based preferential treatment. It also has elements of religiosity (the establishment of the scripture based Islamic law as the personal law for Muslims for example) which appear to contradict Article 4 of the constitution which reads:

“This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void”

Race and religion litter the document in a way that scream “different treatment for different people”; a situation, which a mere 12 years after the excesses of Nazi Germany and nine years after the adoption of the Universal Declaration of Human Rights (a United Nations document which Malaysia as a prospective new member would have to respect) would seem out of place with the growing zeitgeist of the time. However, considering the socio political situation at the time, with an indigenous population feeling overwhelmed both in numbers and in economic disparity, the nature of the constitution can be accepted as an understandable compromise.