The Notion & the "Social Contract".

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“The Constitution is under attack by a number of people who believe that we should move towards the Islamic state.
It is under attack by those who feel that the ‘social contract’ must be renegotiated.
Frankly, it is also undermined by judges and civil servants who apply their own interpretations of the Constitution and allow their personal allegiances to colour the practical application of the laws that govern our country.”
- Shad Saleem Faruqi

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One could attempt to deny it - but we are an Immigrant state.
Immigrants made Malaysia what it once was - "dynamic" (not anymore, though).
Save the "Orang Asli/Pribumi", everyone one of us are in actual fact, descendants of immigrants (if not immigrants themselves).
The "Chinese", "Indian", "Pakistani" and even the "Malay" (maybe to a lesser extent?) is an immigrant (more so, since 'Project M').

With the onset of "the new world order" of nation-states and Merdeka, in order to preserve, maintain and work on the riches of the nation - a political understanding among the various ethnic communities became a necessity.
It gave rise to The Federal Constitution, and also the much trumpeted "social contract between equals" in a political alliance.

The Federal Constitution is a "Social Contract".
The Constitution in its entirety is the only social contract that we have and we know - and its interpretation is subject to the spirit in which it was formulated.

Royal Prof Emeritus Ungku Aziz, implied that "the Social Contract" (as was trumpeted at certain political rallies and in the media, but strangely forbidden to be discussed) is nothing but a figment of imagination and a political spin, created for political expediency - It apparently Doesn't Exist!
However, Ungku Aziz wasn't talking about The Federal Constitution - it was the BN political rhetoric that he referred to.

The much trumpeted "Social Contract", is simply the agreement of the relevant parties towards establishing the Alliance. Unlike the Federal Constitution, it isn't something that's sacred, for the citizens of Malaysia to unquestioningly "abide by it" - but of course some would choose to deny that, lest the 5.13 Bogeyman awakens to haunt the nation once again.

For Shad to say (at his book launch or Star interview), that the Constitution is under attack by those who demand that the "social contract" be "renegotiated" is, I believe, inaccurate and misleading.
To imply that the political rhetoric of "the social contract" is The Federal Constitution, is nothing short of "a sin"!

To demand that we adhere to the Federal Constitution in its non-negotiable "spirit" and entirety, isn't an attack!
To discuss the Constitution and create awareness of it through healthy debate instead of a streetfight, is not to question it.
On the contrary - to understand it is to defend it from the perversion that it has been subject to. It's a necessity, so that Malaysia survives the onslaught of these Pirates of the Constitution. What is challenged, is simply the twisted definitions and 600 amendments that the Constitution has been subject to for 50yrs (more so in the last 20), which Shad deplores - nothing more.

Therefore, paranoia expressed by certain politicians who claim that - to discuss it, is to "challenge the social contract"- is totally unfounded and a cheap "fear mongering" trick. "Fear of destabilization" as a result of "inflamed passions" would not arise, unless these very politicians create the circumstances for it.
It is therefore, they who are responsible for the ignorance and potentially "inflamed passions" of the rakyat - not those who discuss the Constitution or the social contract.

From the right & left, these attacks just come from different leagues of "Pirates of the Constitution", and both preach "supremacy" of some sort (not so different from a fascists/ racists).
They who have redefined it based on the notion of Ketuanan Melayu or the "Syariah State", ignore the spirit in which it was formulated, at their own peril - and at the risk of destroying the nation along with it.

There is an argument that states that "the social contract is in the constitution". That argument cites convenient articles while ignoring the spirit of the constitution in its entirety. (Nor can Article 3 be used as an excuse to declare Malaysia an Islamic State, as Mahathir did for other reasons).
That argument is erroneous becos the social contract isn't in the constitution, but -"the Federal Constitution in its entirety, is THE social contract".
In citing the Constitution, one does not get to pick and choose elements from it, for political expediency - To do so, would be, to subject the Constitution to attack.

It was probably these attacks that Prof Shad refers to - should that be the case, I'm in total agreement. Or else, I'm inclined to believe (despite his credentials) that he was "a little confused" in his press statement, or a spin doctor did a good job on him.

It is what happens when the nation is held at ransom by pirates, who use Democracy to subvert the very instrument they use to legitimize their power - the Constitution. The Constitution, which is our date with destiny is indeed, under attack.

Being "imperfect"(as Shad Faruqi says it is), The Constitution has IMHO, one Major flaw/defect - in its "definition" the Malay - that it has ridiculously tied a "race" to an idea/faith/Islam.
Imagine this - to dissent would mean to be "constitutionally de-Malay-ise" yourself - or render one an "unconstitutional Malay"!!!
It was probably in the interest of enforcing/ manipulating "Malayness" politically, and preventing the freedom of thought - I wouldn't know (..... but it's fine by me). If it is demeaning (in that, it restricts freedom of thought), is however something for the "legally Malay of Nusantara" to consider.
As to how the 'constitutional experts' could have formulated such an ill-conceived "definition" of a race, is beyond my comprehension.

This "Constitutional definition of a Malay" has been so exclusively used, manipulated, and stressed on by many a "Ketuanan Melayu" politician, to create a siege mentality among the masses.
And it was only to evoke paranoia and distrust - so as to subvert the Spirit of Equality, Liberty, Fraternity and Solidarity that has been enshrined in The Constitution.

Wawasan 2020 was however launched, to blind a people, in a state struggling for nationhood, through the common identity of a "Bangsa Malaysia". At the very same time though, this idea was however subverted , (with the notion of 'KetuananMelayu' and the ever present "Chinese/Indian bogeyman"), and hence twisted the "social contract" of the Constitution into something it isn't.
To say that one "race or religion" is superior to the other (as per the prevalent political rhetoric), is to subvert the spirit in which the constitution was formulated.
To say that Malay rights would be "threatened" by the discussion & knowledge of Constitution is totally malicious.

What matters to politicians though, is power and control over the riches that belong to the masses, and that the masses are "made to know" that only they can "defend the rights of the people"!
The 65% of the nation's wealth that was in the hands of the British at Merdeka, was gradually squandered away upon acquisition by proponents of the NEP/ Ketuanan Melayu - leaving apparently 19% (at par value, actually) "Bumiputra" stake in the economy.
Such is the business acumen of the NEP-ists. Yes - the rempits, the pakcik/makciks and the usahawan bumiputra can still thump their chests and proudly say that the leaders are "protecting their interests".
It's all in the name of 'nation building', though - so it is fine.

Let's face facts - There is no way that the "Non-Malay" as a race, can dominate politically, given the demographics of Malaysia.
Hypothetically speaking- given this reality, should a PM of a minority community come to power as a "true-blue Malaysian", it would be political suicide for him to deny affirmative action for any "race" in particular.
[Why would he do that, when "Apartheid/Race/ Religious Politics" may be quite unconstitutional anyway?]

Until and unless, a True Malaysian (not a Malay, Chinese, Indian or Alaskan) helms the nation, "nationhood" is but a pipe-dream.
Until then, an Immigrant State with "Notionhood" is all we have
- that's Wawasan 2020 for you.

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"Transculturalism is not a total objective reality, there has to be a conscious subjective component which must express itself in the public space, in a democratic fashion without political interference...... "
- Donald Cuccioletta, Multiculturalism or Transculturalism: Towards a
Cosmopolitan Citizenship.

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Election's the Game, Democracy's the name .....

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KUALA LUMPUR, June 25 (Bernama) -- The Election Commission (EC) need not carry out an investigation to find out why some postal votes were not returned and where they were kept. Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Abdul Aziz said that under the existing law, the EC was only responsible for the postal votes that were returned before 5pm.
"For postal votes that were not returned before 5 pm, they were no longer under the jurisdiction of the EC," he said in his written reply to a question from Fong Po Kuan (DAP-Batu Gajah) at the Dewan Rakyat sitting, here Wednesday.
- Bernama

Zimbabwe's opposition leader has fled to a Western embassy after pulling out of the presidential runoff, and dozens of his supporters were hustled away by police in a raid on party headquarters Monday.
American, African and European leaders denounced the developments in this southern African country, but President Robert Mugabe appeared determined to press ahead with Friday's vote.

-FoxNews
(Note: Morgan Tsvangirai has since, left the Dutch Embassy)

The despot in Harare had been fully prepared for Friday's election. The police and military had been made to vote in advance -- in their barracks and under close supervision. "Our superior told us to vote for Mugabe whether we wanted to or not," one police officer from Bulawayo said. After the vote the head of the barracks checked all the ballot papers to make sure they were correct.
- Zimbabwe's descent into electoral terror

"He wasn't a criminal at that time. He hasn't been put in jail. So what's wrong with giving timber to the leader of a country?"
- newzimbabwe.com

Mahathir Mohamad, the former Malaysian prime minister, has angrily rejected an outcry over his secret use of government funds to help the disgraced Zimbabwean leader Robert Mugabe build a new $A13 million mansion near Harare.
Dr Mahathir denied any impropriety in his decision to donate a $40,000 shipment of rare Malaysian rainforest timbers to his close friend Mr Mugabe, an international pariah for his human rights abuses and nationalist policies that have ruined Zimbabwe’s economy.

“Yes, we did give Zimbabwe timber, but what’s wrong with that?” a defiant Dr Mahathir, said.
-The Fall of Mahathir's Good Friend, The Tempinis Diaries

COWARDICE asks, is it safe ?

EXPEDIENCY asks, is it political ?

VANITY asks, is it popular ?

BUT CONSCIENCE asks, IS IT RIGHT ?

- Martin Luther King

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Citizen Nades in the Sun yesterday, wrote about Zimbabwe under Mugabe - As I checked Google news while having my morning coffee, I saw news about Zimbabwe.
The article went on to say -
"The rate of inflation has risen to a staggering 2 million percent, a liter of Coke has increased in price from 200 million Zimbabwean dollars to 1.4 billion in just one week. A kilogram of meat has jumped from 1.5 million to 7 million Zimbabwean dollars. Postponing grocery shopping by even half an hour, one newspaper calculated, could see the value of one's money reduced by half."

That's how "a good friend", who has been invited by "a great Muslim leader" to actually take residence in Malaysia, runs his nation. I've yet to hear any condemnation of these atrocities committed by this "friend" of his.
Mugabe has come to believe that he owns Zimbabwe, and he can to what he wishes with the instruments of state, to the people. He believes that only he should and would run Zimbabwe, to the ground if it need be.

Although the events there could be described as apocalyptic by Malaysian standards, it may not be as far-fetched to imagine that it is quite a possibility here in the not too distant future, should the people not demand accountability from "politicians".
That's the predicament a nation that once believed that only one party/man could "protect the people's rights", as we once saw (possibly even still) in Malaysia under the Umno/BN regime for 50.
There has also been little news about Malaysia's stand on the atrocities meted out by this "democratically elected friend" - Mugabe.
I'd shudder to think what the "great Muslim leader" thinks of Mugabe, though ... especially when he's publicly stated that Mugabe should make Malaysia is home(is it My Second Home or Look East Polity or Asian Values, now??).

The vote is today regarded by many in power as their right - the vote should belong to the rulers, and not the citizen.
The casting votes by "security forces" of Zimbabwe, is apparently quite similar to that in Malaysia.
Today, the EC of Malaysia and the Executive are slinging mud at each other for the indelible ink fiasco. Both don't want to take the responsibility for the scrapping of the idea, and the "conspiracy" to cheat voters as alleged by certain quarters seem to have taken a backseat.
Still, it is hoped that the police investigation results in someone being held accountable.
One might wonder if the events in Zimbabwe started off in a similar fashion.

The "affirmative action" called "land reforms" in Zimbabwe, designed to give valuable farming land to the "bumiputras" has bankrupted the state, without any "pendatang scapegoat" left to whack.

Let's not speak of the reported torture & murders in Zimbabwe or Malaysia where "investigations are in progress" - it may be "sub-judice" or something like that.
We'll just speak of the "economic piracy" for now ...

Although things in Malaysia was handled with a little more "finesse" (compared to Zimbabwe, i.e.)- as in the Offshore Patrol Vehicles (OPV) fiasco, PKFZ, Putrajaya, KLCC, MSC, Cyberjaya, Proton, Angkasawan, Perwaja, "gifts" for 3rd world despots who attend the Langkawi "Summit", Project IC .......

Here's something interesting on the web with regard to "Project IC" (aka "Project M" aka the rape of Sabahans' rights) -
"The phenomenon of documentary citizenship, which I observed firsthand in Malaysia, reveals this assumption to be mistaken, at least insofar as it is applied to developing states.
Illegal immigrants, I observed, were taking part in elections in Malaysia even as many natives continue to have no documents proving their citizenship.
Illegal immigrants were being welcomed and afforded the rights of citizens by sections of the Malaysian state over the opposition of many native citizens. Illegal immigration to Malaysia from the Philippines and Indonesia highlights the paradox of states actively admitting illegal immigrants........
The beneficiaries of such manipulation of ethnicity and migration at the subnational level are the parties that get the vote of these illegal immigrants, the officials, the local illegal entrepreneurs that sell citizenship documents, and finally, the illegal immigrants who not only become citizens with voting rights but also have access to affirmative action policies with their status as Bumiputera, or ‘‘sons of the soil.’’"
- When States Prefer Non-Citizens Over Citizens: Conflict Over Illegal Immigration into Malaysia

KUALA LUMPUR: The Government will launch a "massive operation' against illegal immigrants in Sabah soon, Deputy Prime Minister Datuk Seri Najib Tun Razak said Wednesday.
He said all foreign nationals without identification documents issued by their own countries or by Malaysia's Immigration Department would be deported.
- The Star

What a stroke of genius from Najib!!
Now, Illegals with valid documents from NRD, as alleged by the writer of the above can live happily ever after in wonderland below the Wind!
When will our politicians be held accountable to our voting rights?
Will the Sabahans fight to reclaim their rights from the pirates or terrorists who have apparently sold-out on them, instead of crying foul?
Do they realize that it was their fear, apathy and greed (of their "leaders", actually) that had done them in?
Do the Bumiputras realize that the NEP & "Ketuanan Melayu", is used mainly as a pretext for (you know what ...), leaving only peanuts for them?
Do they realize that they could actually have more to gain in the long run, without the racist "affirmative policy" that is bankrupting the state, and skyrocketing the cost of living, while corrupting their ethics & culture, and admittedly enriching a few?
When will the politicians account for the taxes paid by the citizen - 90% of which is paid by the "Non- Bumiputras" (at least that's what Mahathir says) who are denied equal rights in various sectors?

Definitely not until we demand for it through increased awareness & social/ political activism, as opposed to the current fear & apathy.
And it can only be done with support from the general public (more so, from a truly confident and fearless Malays/ Bumiputras) who don't expect crutches, from a govt bent on corrupting and paralysing them for good, so as to make them subservient.
Only then can the people reign supreme in this land of "equals".
Until then, the "Democratic" Pirates will rule - as in Zimbabwe.

Maybe the pirates will reign supreme,
and Mahathir was right - in that "People forgive & forget easily .....".
So Mugabe ...... Come to where the flavour is -
Come to Malaysia (with your gazillions)!
You've been invited by an apparently great leader.
You'll have friends in high places ......