Malaysian MirrorBy Honeymah Dylyani
FEATURE LAWYER Sulaiman Abdullah, a native of Penang, recalled that there were, at one time, polls to elect the city mayor other councilors in the state.
It was his early glimpse of what democracy and the Constitution is all about – justice for the people and not to be suppressed by those in power.
sulaiman-abdullah.jpg“People must play and live by the rules. In the Constitution, the King is the symbol of the country’s sovereignty and we pledge our loyalty to him.
The two-year campaign sets to get all Malaysians – especially the younger citizens aged 15 to 35 – to understand their rights, as enshrined in the country’s Constitution, and to use this charter as their guide in nation-building.
Sulaiman, the co-chairman of the Pro Bono and Access to Justice Committee of the International Bar Association, was among the law activists and academicians who shared their views on the future direction of the country’s supreme law; the Federal Constitution.
The others were Dr Azmi Sharom, an associate professor at Universiti Malaya’s Law Faculty, Malik Imtiaz Sarwar, president of the National Human Rights Society (Hakam), Dr Abdul Aziz Bari, a political commentator and constitutional lawyer Emeritus Prof Dr Shad Saleem Faruqi.
Chairing the forum was the Bar Council’s past president, Ambiga Sreenevasan, who is also a executive committee member of the feminist Women’s Aid Organisation (WAO).
Guarantees rights of people
constitution-1.jpg“The Constitution is the basic document that guarantees the rights of the people,” said Sulaiman, pledging he would defend it.
His reference to local elections is pertinent and consistent with calls by various quarters to revive such elections, which were suspended after the Indonesia-Malaysia confrontation in 1964.
The suspension was never lifted and the matter instead was made permanent under the Local Government Act 1976, which stipulates that local government members be appointed by the respective state governments.
In the March 2008 general elections, the DAP and the PKR included in their manifesto that local elections would be revived if they were to chosen to lead the country.
The two parties, together with PAS, managed to topple the Barisan Nasional in several states but they are still not able to carry out the plan to hold local council elections due to the Federal Constitution which prohibited the implementation.
Political observers feel it is unlikely that such elections would be brought back because "policymakers know from experience worldwide that the Opposition tends to dominate such councils as part of the electorate's desire for checks-and-balances."
The ruling Barisan Nasional coalition, however, has its own reason for not wanting to hold more elections: “It is expensive.”
The electoral process and the right to vote are among the more familiar provisions of the Constitution, which 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.
It provides for the establishment and the organisation of three main branches of the government - Parliament, which consists of the House of Representatives (Dewan Rakyat) and the Senate (Dewan Negara); the executive branch represented by the prime minister and his Cabinet ; and the judicial branch headed by the Federal Court.
Provides answers to pertinent issues
liew-vui-keong.jpgLiew said the role of the citizen is the most important one to be established by the Constitution "because without the active knowledge and participation of citizens, our Constitution is an empty.meaningless and lifeless document."
He added: "The nobility of a good consitution is incumbent on its citizens and how they accept and practise law and order.
"The opposite of this is, of course, lawlessness and wanton behaviours.
"The country would be crippled with setbacks and unable to progress further than 'page one'."
The Constitution, said to be the lifeline of the nation, also defines the rights and responsibilities of the Federal government, each member state and the citizens.
Thus, the Constitution is rightly the custodian of the people’s rights and provides the answers to all pertinent issues.
my-constitution-logo.jpgTo make it easier to understand and to make it within reach of every household, the Bar Council has printed a simplified guide on the Constitution in the form of a leaflet, which will be distributed throughout the country.
The council hopes to capture a following of at least six million people over the next two years through the campaign.
The Bar Council feels that some of the country’s laws are ‘archaic’ and has formed a reforms committee to look into possible changes to meet current developments; but without undermining the spirit of the Constitution.
For instance, the committee would look into the provisions of the 40-year-old Internal Securities Act and recommend to the Home Ministry some changes to suit the day’s climate.
The Bar Council pertinently pointed out that it is for such reason that every Malaysian should know their Constitution and to not just be influenced by the media and politicians, who are also not very well-versed in the charter.
What is the Constitution?
Dr Aziz said the Constitution is simply ‘the basic law of the land’ and any other law or regulation must go back to it.
Welcoming the move to make the Constitution people-friendly through the Bar Council’s campaign, he said all this while it had been perceived that only the politicians and lawmakers ‘own’ the charter.
Dr Aziz said: “The Constitution is intended as a social contract and documented by Malaysia’s forefathers to facilitate the democracy of the emerging nation (then knoqwn as Malaya, which gained independence in 1957).
“They (the country’s founding fathers) acknowledged that the Malays and other natives are the sons of the soil but did not sideline others who make up the nation, “ he said, adding that there are politicians who are fond of using the ‘bumiputra’ issue to incite tensions and hatred among the races.
“The politicians forget that there are many more clauses in the Constitution to promote unity among the people.
“That is why educating the public is important, as also making the legalistic side of the Constitution more transparent,” said Dr Aziz.
Dr Shad Saleem agreed that the Constitution is the basic law of the land but, he added, everyone should have the right to go to the court. “Thus, no law or any person must - or can - be above the Constitution.
He suggested that the government be challenged if it acts wrongly; reiterating that the Constitution is the basis for every other law;be it legal, political or social.constitution-2.jpg
“It is the basic infrastructure of nation building and should stay in the middle of the majority and the minority, like it was intended to.
“The people must together seek to reconcile with and uphold the Constitution, since it is the shield that protects the whole nation and not to allow it to collapse.
Standing tall and still progressing
“When other multi-ethnic countries have turned to ashes, Malaysia with is multi-faceted population is still standing tall and progressing,”
he said.
Dr Shad Saleem akins Malaysians to the colours of the rainbow – separated but not apart.
“But there is still a lot of hard work to be done to ensure that the beautiful rainbow that is called Malaysia will live forever,” he added.
To achieve this, he said, Constitutional literacy must be encouraged.
“The Constitution must be higher than the executive and administrative laws,” he said, urging all Malaysians to respect the social contract that had been agreed to and to compromise where it helps and where it hurts.
NEXT: Does the Constitution have a universal appeal?
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