Right time for a royal commission of inquiry on Article 153?

 

From Lim Teck Ghee

In a speech in Penampang on May 31, Bernama reported Prime Minister Anwar Ibrahim as saying:

“We cannot underestimate the forces [of extremism] in the peninsula, Sabah or Sarawak … They would view their survival purely from a particular race or religion and this would, of course, be damaging to the fabric of our country.

I have to continue to reiterate this point because there are forces with some extreme views.

Even after six decades of independence, you can still hear (such sentiments). This should not be tolerated.”

In the existential battle for a secure and united Malaysia, the latest assurance by the prime minister – that his government will continue to fight for, demand and ensure that the rights of every single citizen in Malaysia will be protected and preserved – is indeed comforting.

However, he needs all the help that he, and his colleagues from the unity government, or any other aspiring government for that matter, can get to win this battle.

The recent rash of controversy over opening university places to non-Malay students in UiTM, the police reports on the use of the “apartheid” term to describe the situation in Malaysia, and numerous similar public tussles on the rights of Malay and non-Malay communities with respect to Article 153 of the Constitution, are evidence that a long-running festering wound in the country relates to the policy implementation and ramifications of that provision.

The need for an RCI

The dispute over the true effect and purport of Article 153 is possibly the major factor that stands in the way of unleashing the full potential of our young in building a secure, confident and united society.

So what can be done to lance and heal this festering wound? What is the antiseptic needed? And who can take on this operation? Clearly any examination of the special position of the Malays and natives of Sabah and Sarawak and the corresponding legitimate position and interests of other communities as defined in the Federal Constitution and by Article 153 is difficult, if not impossible, to undertake in our supercharged political arena, despite the best intentions of our political leaders.

Not only are entrenched and combative racial and political divides in the way of sensible and judicious deliberation on this subject in Parliament, Article 10(4) of the constitution makes it illegal to question Article 153 and its provisions to safeguard the special position of the Malays and natives of Sabah and Sarawak and the legitimate interests of other communities. Under the Sedition Act, questioning Article 153 is prohibited – even for members of Parliament, who usually have the freedom to discuss anything without fear of external censure.

However, even if our Dewan Rakyat cannot debate the subject, there is no reason why it cannot initiate an independent and meaningful review and examination of the subject outside its august body by the best minds of the country.

How to establish the RCI

Such an initiative should not require the approval of the ruling or opposition political parties to jump start the process. All that it requires is one or a group of concerned members of Parliament to table a consensual private members’ bill calling for the establishment of a Royal Commission of Inquiry (RCI) on the subject matter.

Whilst some opposition to this bill is to be expected, I am hopeful that a majority of our elected representatives will agree that a royal commission should be able to provide the critical, and possibly pivotal, analysis and value that Parliament and the nation badly need on this contentious subject.

Likely support for the RCI

Apart from inputs by members of Parliament, I am certain that our civil society, business, academic and other organisations will be more than ready to provide feedback and useful suggestions on the composition of the RCI, its terms of reference and other necessary features so that the commission can arrive at practical findings and propose the necessary changes in policies and laws to drive the nation forward.

Malaysians have been stuck for too long without agreeing on the true purport and proper implementation of Article 153. Surely our younger generation inheriting the country are entitled to a fresh start without the encumbrance put in place 67 years ago when so much around them in the country and the world has changed. - FMT

Lim Teck Ghee is a public policy analyst and author of the book Challenging Malaysia’s Status Quo.

The views expressed are those of the author and do not necessarily reflect those of MMKtT.