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UNISCI Discussion Papers, Nº 33 (Octubre / October 2013) ISSN 1696-2206action that sought to redress socio-economic inequalities through the equalization ofopportunities for hitherto marginalized groups. 56Article 153 of the Constitution is seldom highlighted as critical to inter-ethnic relations.The provision whilst calling to ensure special position of Malays and natives of Sabah andSarawak, calls for the safeguarding of the legitimate interests of other communities. 57However this is a provision that might be criticized as not being practical. Even intheory it is not easy to balance competing interests on the same resources, and hence whatbecomes necessary is a framework or set of guidelines for assistance in implementing theprovision. 58 Such will ensure that priorities are made clear and factors that guide the balancingof interests of the communities are laid out to avoid potential conflicts from arising duringimplementation of the provision. 59Much political rhetoric and media commentary has argued for the continuation ofChinese schools in the national education system but there is no such provision in eitherArticle 12 which deals with rights in respect of education or in Article 152 which deals withnational language. 60 It is reiterated that Chinese, Tamil, or any other language can be legallytaught within the national school system and that Chinese and Tamil primary schools are partof the national education system and their status is protected in law and policy. Article 152 (1)reads “no person shall be prohibited or prevented from using (other than for official purposes)or from teaching or learning any other language.” 61 Such a provision makes it clear that whileother languages are protected under the law, it does not include mandatory usage in officialcontexts. This can be problematic as it immediately relegates the status of languages of non-Malay ethnic groups. 62 It has been argued that both ignorance and intensification ofcommunal politics continues to impinge upon the fundamental character of the nation and thestructure of the Constitution. 636.2. History and IdentityThe Malay pre-eminence and dominance in all spheres of public life has been attributed to thehistoric contribution of Malay peasantry to the progress of the country since pre-Independence. 64 Historic Malay political entities, distinguished by Malay Sultans since 1136,have been characterized by the Malay language and Islam as fundamental elements whichdetermined Malaysia’s identity. 65It has been asserted that accepting historical realities in no way relegates a citizen to‘second class’. Conversely, there are non-Malays who espouse a view of history which56 Malaysiakini. (2005): "Keris-waving: Hishamuddin must apologise", Journal of Politics and Law vol. 2, no. 3(1 September 2005), athttp://www.malaysiakini.com/letters/39812.57 O'Shannassy, op. cit.58 O'Shannassy, op. cit.59 Muzaffar, "1 Malaysia and Citizenship", op. cit.60 Muzaffar, "Misconstruing the Constitution", op. cit.61 Muzaffar, "1 Malaysia: Looking Within: Reaching Without", op. cit.62 Mendes, E.P. (1994): Asian Values and Human Rights: Letting The Tigers Free, Ottawa: Human RightsResearch and Education Centre, University of Ottawa, athttp://www.uottawa.ca/hrrec/publicat/asian_values.html.63 Muzaffar, "1 Malaysia - 20 Months after", op. cit.64 Muzaffar, "History and Ethnic Sentiments", op. cit.65 Muzaffar, "1 Malaysia: Looking Within, Reaching Without", op. cit.198
UNISCI Discussion Papers, Nº 33 (Octubre / October 2013) ISSN 1696-2206ignores or downplays the role of other communities in shaping current Malaysia. 66 It is arguedthat the way how Chinese and Indians have become part of the Malay society is a theme thatneeds to be emphasized in the current Malay-centric text books. 67Ethnic biases on all sides together with other biases such as class and ideology andpersonal interests have all influenced the writing of Malaysian history. What is suggested isthat there be a reappraisal and reduction of the element of subjectivity in the recording andwriting of history. 68There have been calls for the establishment of a truly multi-ethnic panel of historiansand other academics which would be tasked with conducting a thorough review of historysyllabi, history books, and teaching methodologies employed in schools. 69 Local universitiesand Malaysian Historical Society should be consulted for the composition of such a panel. Itis contended that while the country’s history is the immediate concern, the panel should alsoemphasize the importance of World History. 70 In an increasingly globalized and borderlessworld, such becomes paramount. It has even been proposed that based upon its evaluation ofthe teaching and learning of History in school, the proposed panel can then recommendwhether it is necessary to make a pass in History a requirement for the secondary schoolexamination. 716.3. A Quest for IdentityUsually identities express themselves in different ways and at different levels and do notconflict with one another. 72 But there are extraordinary circumstances that may lead to a clashof identities. In such situations the articulation of ethnic identity can sometimes be inimical tothe quest for a national identity. 73 The Malaysian case is no exception. 74A monumental challenge in the country has been the evolution of a shared Malaysianidentity that all communities can be comfortable with. The quest for identity is linked veryclose to the acceptance of a common undisputed historical narrative. 75 In the case ofMalaysia, there is an intimate nexus between Malay identity and Malaysian identity. 76 Article160(2) of the Malay Constitution defines Malay as those who profess Islam, habitually speakMalay and conform to Malay customs. 77 Two of these characteristics actually define theidentity of the Malaysian nation. Hence, the intimate nexus between Malay and Malaysian isobvious. 78It is argued that if all citizens are loyal to the Constitution, there will not be room for aclash of identities. The critical factor here then becomes empathy for the “other” and66 Muzaffar, "History and Ethnic Sentiments", op. cit.67 O'Shannassy, op. cit.68 Muzaffar, "History and Ethnic Sentiments", op. cit.69 Ibid.70 Muzaffar, "History and Ethnic Sentiments", op. cit.71 Muzaffar, Chandra, "1 Malaysia - 20 Months After", 1Malaysia Foundation, 3 January 2011.72 Muzaffar, Chandra, "Malay or Malaysian", 1Malaysia Foundation, April, 2010.73 Ibid.74 Muzaffar, "1 Malaysia - 20 Months After", op. cit.75 O'Shannassy, op. cit.76 Muzaffar, "Malay or Malaysian", op. cit.77 Ibid.78 "Once again, what is 1Malaysia?", The Malaysian Insider, 16 April 2009. athttp://www.themalaysianinsider.com/index.php/opinion/breaking-views/23484-once-again-what-is-1malaysia--the-malaysian-insider.199
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ISSN 1696-2206 Nº 33 Octubre /Octo
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Juan Emilio CheyreDirector, Center
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