Clive Kessler
The Malaysian Insider
Sept 21, 2010
These days it’s not easy for a person of good sense to avoid being accused of sedition.
Especially if you have a basic grasp of modern political history and the nation’s constitutional foundations.
Voicing well-known facts and trite legal principles can get you into real trouble.
You question Ketuanan Malayu, for example, and you are told by those of a “Perkasa-ish” inclination, or lectured by Dr. Ridhuan Tee Abdullah in Utusan, that Malay political dominance is an agreed and foundational national principle. That it is inscribed in the Constitution.
What is in the Constitution? Here the champions of Ketuanan Melayu invoke Article 153.
That is the peg on which they hang the claim that enduring Malay ascendancy, even absolute political domination, is constitutionally enshrined. That it is an integral part of the “social contract” that made the nation and its Constitution possible.
But Article 153 is a small and dubious peg for such a big, even extravagant, claim. It merely provides for, or allows the government in its good judgement to institute, certain defined kinds of preferential treatment for Malays in certain identified and circumscribed areas.
It does not provide for, enshrine or constitutionally entrench Malay ethnic supremacy, enduring political domination.
But if you say this, you are likely to be challenged, and hit with a volley of police reports accusing you of sedition.
Of a triple sedition: against legitimate Malay political entitlement, as enshrined in Article 153; against the rulers who are the constitutionally-designated protectors of the Malay stake in the country; and hence also against the Constitution itself and the nation whose sovereignty it embodies. Continue reading “Syariah: ‘The law of the land’”