Download - The Formation of Constitution Malaysia
INDEPENDENCE OF MALAYA AND THE FORMATION OF MALAYSIA
INTRODUCTION
The basis of the Federal Constitution of Malaysia is the Constitution of the
Federation of Malaya. Following the Alliance’s landslide victory in the first Federal
Election in 1955, Tunku Abdul Rahman Putra was appointed Chief Minister. The drafting
of the Constitution of the Federation of Malaya was the first step toward the formation of
a new government after Britain agreed to concede independence to Malaya in 1956.For
the task of drafting the Constitution, the British Government formed a Working
Committee comprising representatives from their side, advisors from the Conference of
Rulers and Malayan political leaders. In January 1956 the Tunku headed a delegation to
London to discuss the Federal Constitution and negotiate the date for independence of
Malaya. In March 1956 a Commission chaired by Lord Reid was set up to formulate a
draft and refine the Constitution of the Federation of Malaya. The Commission sought the
views of political parties, non-political organisations and individuals on the form of
government and racial structure appropriate for this country. In the consultation process,
a memorandum from the Alliance had gained precedence. The memorandum, an inter-
communal conciliation aimed at mutual interests and strengthening the nation's
democratic system of government, took into account five main factors namely the
position of the Malay Rulers, Islam as the official religion of the Federation, position of
the Malay language, the special rights of the Malays and equal citizenship. The draft
drawn up by the Reid Commission was authorised by the Working Committee as the
Constitution of the Federation of Malaya commencing on the date of the nation’s
independence on August 31, 1957. When Sabah and Sarawak joined Malaya in 1963,
several provisions in the Constitution were amended and the country’s name was changed
to Malaysia.
RACIAL PROBLEMS
Malaya consists of a ‘"plural society" which was formed by different races with
various backgrounds and customs. In The Malaysian Development Experience, Changes
and Challenges book that published by INTAN, states that Malaya is "a colonial creation
with ethnic groups living side by side but never mixed". Many factors have caused this
situation.
The first can be traced back to the "divide and rule" policy during British colonization.
This kind of administration greatly limited interaction and communication among the
different ethnic groups and segregated them according to their economic functions.
The Malays were known to be farmers and fishermen and lived in the rural areas or
kampung. Since there were also Malays who were involved in the government sector as
ordinary officers and clerks, they were perceived to be dominant in politics and the first
group of people that the British negotiated with.
Most of the Chinese were involved in the commercial and mining sectors and were
found mainly in urban areas. The Indians, on the other hand, worked as labourers in
estates and plantations. Hence, these two races were perceived to be more dominant in
the economics of the country.
The education system, as it was long before we know it today, also varied according to
the different ethnic groups in terms of syllabus, curriculum and methods of
dissemination. There was no such thing as a standardized education system back then.
While the Malays and Indians felt that a minimal amount of literacy was sufficient, the
Chinese were vying to strengthen their bond with China through education, since most of
the teachers and textbooks were imported from China. The same concept was practiced in
Tamil schools.
Since these vernacular schools comprised a single race, lessons were conducted in its
respective language, such as Malay, Mandarin and Tamil. Due to the inconsistencies and
differences in the education system, there existed barriers and gaps among the different
races in Malaya.
The Japanese occupation only widened the rift between the races, especially the
Chinese and Malays. While the Malays were given better treatment by the Japanese who
were in need of their support, the Chinese were tortured and brutally mistreated. This led
to the formation of the Malayan Peoples’ Anti-Japanese Army (MPAJA) to fight the
Japanese.
To ward off attacks from resistance groups which comprised mainly Chinese, the
Japanese instigated the anti-Chinese feeling by forming paramilitary units which
consisted mainly of Malays, and thus, further widened the gap among the two races.
When the Communists began their violence in the 1948, the British were forced to
declare a state of Emergency throughout Malaya. It was during this period that inter-
racial relations became worse since the British had formed forces, comprising mostly
Malays, to fight the guerilla groups led by the Communists, who were mainly Chinese.
All of these factors caused a great division in the Malayan society and much effort had
to be taken to resolve the problem.
Efforts Towards Racial Unity
In 1949, the Inter-Racial Relations Committee (Jawatankuasa Hubungan Antara
Kaum) was formed, to enable leaders of various ethnic groups to find a solution to the
existing racial problems.
The committee, comprising Dato’ Onn bin Jaafar, Tan Cheng Lock, E.E.C
Thuraisingham and 12 other members proposed that non-Malays be involved in local
politics and more opportunities be given to the Malays in the business and industrial
sectors.
The committee also proposed that greater racial tolerance and understanding be
fostered in the hope of achieving racial unity.
In 1951, the British government formed the Member System, with the hope of
achieving racial unity. The member system was similar to the Cabinet system as we know
it today, and enabled people from various ethnic groups to get involved in the
administration of the government and hold portfolios in areas such as Home Affairs,
Agriculture, Land, Mines and Communication, Education, Health, Forestry, and Works
and Housing.
Although the more important portfolios in areas of finance and defense were still
dominated by the British, the involvement of leaders of various ethnic groups enabled co-
operation among the different races.
Education also played an important role in paving the way towards racial unity in
Malaya. In 1949, the Central Advisory Committee took form with the main purpose of
unifying the local education system and implementing it. However, the committee failed
to achieve its goal and its proposal that English be made the sole medium of education in
schools in the Holgate Report was vehemently opposed by the Federal Legislative
Council.
Although the committee did not achieve much, it was a clear indication that the British
were indeed making an effort to unify the multiracial society through education with one
medium of instruction.
Another committee which was established one year later, produced the Barnes Report,
which recommended in 1952, that the syllabus of all primary schools be standardized and
taught in English and Malay, while secondary schools retain English as their mode of
instruction.
Led by Dr W.P.Fenn and Dr Y.T. Wu, the British formed yet another committee to
study the status of Chinese vernacular education in Malaya to incorporate it into a unified
education system. The result was the Fenn-Wu report, which agreed to a national
education system, but at the same time, proposed that Chinese medium schools be
maintained.
Finally, in 1952, the Education Ordinance based on the Barnes Report was approved.
The Chinese and Indians were not in the least bit happy and resisted the new ruling.
However, the long-awaited decision on the national education system was only seen in
the Razak Report after much deliberation and ethnic bargaining. The report was
subsequently approved by the Federal Legislative Council on 16th May, 1956.
POLITICAL PARTIES IN MALAYSIA
United Malays National Organization (UMNO)
UMNO was formed on 11th May 1946 and led by its first President, Dato’ Onn bin
Jaafar. Its sole purposes were, at that time, to unite the Malays and lead the opposition
against the Malayan Union, to protect the interests of the Malays and to gain
independence from the British.
Several years later, a conflict of interest occurred between Dato’ Onn and his party
members. In his belief that an inter-racial nation was essential to achieve proper
independence, Dato’ Onn had proposed that non-Malays be allowed to join the party.
Due to this conflict, Dato’ Onn resigned and was replaced by Tunku Abdul Rahman, who
later became the first Prime Minister of Malaya.
Malayan Chinese Association (MCA)
MCA was formed by Leong Yew Koh and Lee Hau-Shik on 27th Feb. 1949. Its first
president was Tan Cheng Lock.
The objectives of MCA were to unite the Chinese and protect their interests, to
propose more liberal citizenship, and to co-operate with the government and oppose
Communism during the Emergency years.
The party received much respect from the rest of society due to their efforts against
communism, which involved the recruitment of the Chinese into the police and armed
forces, and the resettlement of the local community into "new villages".
Malayan Indian Congress (MIC)
MIC was formed in August 1946 by John Thivy, who sought to protect the rights of
the Indian community in Malaya and voice their opinions to the government.
In the earlier years of its formation, however, the party did not receive much
support from local Indians since it was dominated by Indians from the upper class, while
most of the Indians in Malaya at that time, were labourers who hailed from the lower
class of society. The MIC received full support from the Indian people of Malaya only
when the Tamils took over the party in 1954.
THE FIGHT FOR INDEPENDENCE
The elections
In 1952, UMNO and MCA combined forces, formed the UMNO-MCA Alliance, and
took part in the local government and town council elections. The results were
overwhelming. They had won 9 out of the 12 seats contested.
Realizing their potential as a joint coalition, both parties decided to take their efforts a
step further – the general elections in 1955. This time, the MIC joined forces as well, and
together the Alliance became a representative of the three main ethnic groups in Malaya.
Another major victory was won in the 1955 elections when the Alliance bagged 51 out of
the 52 seats contested.
Tunku Abdul Rahman was elected the first Chief Minister, while 10 members from
the Alliance were elected ministers. The majority of the Legislative Council was
Alliance’s members, but the Executive Council was still dominated by British officials.
Simultaneously, the High Commissioner held ultimate authority over any bill. As it was,
Malaya still hadn’t been granted full independence.
Tunku Abdul Rahman wasted no time and flew to London on his "Merdeka Mission"
in January 1955 to coax the British to grant independence to Malaya. The British agreed
and subsequently fixed the date for independence - 31st August 1957.
The Reid Commission
Before independence could be attained however, some details needed to be taken care
of, the most important being a new constitution for an independent Malaya. Hence, the
British government appointed Lord Reid to head the Commonwealth Constitutional
Commission to chart a new constitution for Malaya.
Known as the Reid Commission, the committee was given the task of preparing a
constitution that would serve a united and democratic Malaya with a firm government
foundation, bearing in mind that the Sultans and the Malays were to retain their rights and
special privileges.
After much hard work, 131 memorandums were received from individuals and various
organizations in Malaya. However, the draft of the constitution submitted by the Reid
Commission was not to the liking of the Alliance, in particular, the proposals on religion
and citizenship.
Another delegation went to London, led again by Tunku Abdul Rahman to clarify
certain matters and amend the draft of the constitution. The final amendment involved
ethnic bargains. The MIC and MCA agreed to give special rights to the Malays and
maintain Malay as the national language. UMNO, on the other hand, agreed to allow
Chinese and Indian participation in politics and be awarded citizenship. After much
discussion, the constitution was finally agreed upon and became known as the Merdeka
Constitution.
Merdeka! Merdeka! Merdeka!
Malaya did achieve its independence as agreed upon on 31st August 1957. The
famous Merdeka proclamation by Tunku Abdul Rahman, who became the first Prime
Minister of Malaya, took place at the Merdeka Stadium in Kuala Lumpur.
The Sultan of Negeri Sembilan, Almarhum Tuanku Abdul Rahman ibni almarhum
Tuanku Muhammad was proclaimed the first sultan of independent Malaya.
The first general election of Malaya was held in 1959, in which the Alliance won 74
seats out of the 104 seats contested.
THE FEDERATION OF MALAYSIA
Sometime in 1955, and later in 1959, Singapore had suggested that it be merged with
Malaya. This proposal, however, was rejected by Malaya. At the time, Singapore’s
population comprised mainly Chinese and Malaya feared that this would affect its racial
composition, which was predominantly Malay. There was also the fear that the
Communists, whose activities were still rampant in Singapore, might influence Malaya
and impede its struggle to be rid of the threat of Communism.
Four years after Malaya’s independence, however, Malayan Prime Minister Tunku
Abdul Rahman took the region by surprise on 27th May 1961, when he made a speech
stating his proposal to merge Malaya, Singapore and the Borneo territories of Sabah,
Sarawak and Brunei. His sudden change of mind was influenced by the state of politics
and economy in Singapore and the other territories.
The Factors Leading to the Proposal of a Merger
One of the reasons Tunku Abdul Rahman was keen on a merger with Singapore was
for economic purposes. Singapore had a large number of industrial firms and a large
population, which complemented its position as one of the more important trading ports
in this region.
The Borneo territories, on the other hand, boasted of richness in natural resources such
as oil, natural gas and timber, and fertile agricultural grounds that produced pepper,
rubber and much more. Tunku Abdul Rahman believed that a merger with these colonies
would be of much value to Malaya.
Tunku Abdul Rahman was also seeking to liberate these colonies from colonization.
Malaya had already achieved its independence four years earlier. While Singapore
practiced to a large extent, a self-governing policy, Sabah and Sarawak were still very
much under British control.
In Brunei, the Sultan maintained his autocratic powers but was compelled to receive
advise from a British Resident. Tunku Abdul Rahman felt that a merger of these colonies
with Malaya would speed up independence from the British.
Another factor was the stronghold of Communism over Singapore. As time passed,
their activities did not cease.
Singapore was then led by Lee Kuan Yew, who, frustrated with the constant disputes
and strikes in the mid-1950s, decided to woo some of the Communists into his
government, hoping to find favour with them and eventually soften their blows.
However, the Communists were adamant about continuing their activities and eventually
formed their own party, known as the Barisan Socialis, after they were forced to resign
from the government.
Fearing that Malaya would be in grave danger should the Communists decide to
support their allies in Malaya from across the straits, Tunku Abdul Rahman felt that a
merger with Singapore would make it easier to deal with the Communists.
Apart from Singapore, Communism was also thriving in Sarawak, where the
communists formed an underground association, which exerted its influence on workers’
associations, students and farmers.
There also existed cultural similarities between these territories. Singapore comprised
a large Chinese population, while Malaya had a mixed array of Malays, Chinese and
Indians. The initial fears expressed by some UMNO members about the Malays being
outnumbered by the Chinese, were dispelled when they were convinced that ethnic
balance would be restored once the Borneo Territories, which comprised most Malays
and indigenous groups, merged with Malaya.
Response from Singapore, the Borneo Territories and Brunei
Singapore still retained its initial interest in Malaya and was therefore, eager to merge
with Malaya when Tunku Abdul Rahman made the proposal in 1961. The only
opposition came from the Communist-dominated party, Barisan Socialis.
Despite this, Lee Kuan Yew actively campaigned to support the merger. His efforts
paid off and a referendum held on 1 September 1962 indicated that 71.1% of the
population of Singapore supported the merger.
Singapore was promised autonomy in education, revenue and labour while the central
government would be operating in Kuala Lumpur. Its free entreport status would also be
maintained.
Like Singapore, Brunei was equally keen on the merger, since its ruler, Sultan Ali
Saifuddin was hoping to gain protection from a larger country like Malaya. A.M.
Azahari, the leader of the opposition party, Parti Rakyat, however, strongly opposed the
merger and led a revolt against the government of Brunei, in which he was defeated.
Azahari had an ulterior motive – to merge all the North Borneo territories and place them
under the reins of Brunei.
Eventually, Brunei changed its mind after the Sultan realized that he wouldn’t be
given special rights above the other Sultans in Malaya and would have only limited oil
reserves if Brunei merged with Malaya.
The response from Sabah and Sarawak was not on par with that from Singapore and
the initial response from Brunei, since both territories feared losing authority in the
administration of their governments. Apart from this, the non-Malays feared that the
Malays in Sabah and Sarawak would be even more dominant should the merger take
place.
To allay their fears, Tunku Abdul Rahman went to these territories in June 1961 and
set up the Malaysia Solidarity Consultative Committee (MSCC) to inform the people of
the benefits of the merger.
The Cobbold Commission
When Tunku Abdul Rahman flew to London to discuss the formation Malaysia with
the British government in November 1961, the British were very much in favour of it, but
stipulated that the Borneo territories should agree with the merger.
Hence, the British formed the Cobbold Commission led by Lord Cobbold, to
investigate the reaction of the people in Sabah and Sarawak towards the merger. Two
months later, after receiving thousands of letters, conducting thousands of interviews
with the people of Sabah and Sarawak and countless public meetings, a conclusion was
reached.
Only one third of the population rejected the merger, hoping to join Malaya only after
they achieved their independence. The other two thirds either supported the merger
wholeheartedly or supported it on the grounds that their rights be maintained.
Since the merger won the favour of the majority, it was approved by the British. On
16th September 1963, Malaya, Singapore, Sabah and Sarawak became one nation, known
as Malaysia. Once again, an official proclamation was made by Tunku Abdul Rahman at
the Merdeka Stadium.
Two years later, however, on 9th August 1965, Singapore broke away from Malaysia
and formed its own government.
Protest from neighbouring countries
When Malaysia was formed, Indonesia and the Philippines disapproved of the new
establishment due to their own ulterior motives.
The Philippines claimed ownership of Sabah, stating that Sabah came under the Sulu
Sultanate which belonged to the Philippines. As such, the Philippines did not
acknowledge Malaysia as an independent country or the official declaration that took
place on16th September 1963.
The president of the Philippines, Macapagal had severed diplomatic ties with
Malaysia. It was only sometime in June 1966, that the Philippines gave due recognition to
Malaysia and acknowledged it as an independent country.
Indonesia, on the other hand, was hoping to merge with Malaya to form "Indonesia
Raya" and at the same time, establish an independent North Borneo Federation
comprising Sabah, Sarawak and Brunei.
The Indonesian president at the time, Sukarno, was heavily influenced by the
Communist party in Indonesia and subsequently declared a Confrontation policy of on
Malaysia from January 1963 to August 1966 to voice his objection of the formations of
Malaysia. During this period, Indonesia put a halt to all diplomatic relations with
Malaysia and launched an attack.
The first stops the Indonesians made were at Pontian, Labis, Muar and Kota Tinggi.
Agents were sent to overthrow the Malaysian government and at the same time, create
misunderstanding among Malays and Chinese.
The confrontation came to an eventual end when Sukarno was replaced by Suharto as
the president of Indonesia. Consequently, a peace treaty was signed between both
countries in Jun 1966.
CONCLUSION
Singapore decided to withdraw from Malaysia on 9th August 1965 to form her
own Republic due to some disagreements, particularly about special rights of the natives.
Hence, Malaysia today comprises Peninsular Malaysia, Sabah and Sarawak. Malaysia
has now been enjoying independence for 46 years and is known to the world as a
sovereign country. We are able to achieve economic, political and social stability and
move rapidly towards a developed country. Although Malaysia is a plural society that
consists of various races, they are able to live, co-operate and co-exist in harmony to
build a strong and developed country. The understanding among the races, which creates
unity in the country, plays a very important role in moulding Malaysia to be a politically
stable country.
References
Internet Webpages:
http://www.malaysia.gov.my/EN/Main/MsianGov/GovConstitution/HistoryConstitution/Pages/HistoryofConstitution.aspx
http://www1.mmu.edu.my/~husni/chap3.doc