The Bastardisation of the “Social Contract” – part 2


Art Harun

Even at the outset of independence, there were people who raised concerns on the perceived inequality between the Malays and the non-Malays. The question of whether the respective leaders of the communities were truly representing the community was also raised. Graham Page raised that point:

“It appears that the Reid Commission took one single Indian party as speaking for the Indians as a whole, the Malayan Indian Congress, which had sunk its identity in the Alliance Party. I do not think the Malayan Indian Congress spoke for all, or even perhaps a majority, of Indians, certainly not the business, professional and artisan class of Indian, in Malaya. There were many other Malayan Indian associations which gave evidence before the Commission, but the Commission did not seem to take account of their views, or to pay very much attention to them.”

Arthur Creech Jones MP noted:

“It may be, and I believe it to be the case, that there are certain sections of opinion in Malaya who are not altogether happy. The fact that most hon. Members have received representations from the Malayan Party and the Pan-Malayan Federation indicates that, certainly so far as the Settlements are concerned, there is still some anxiety about what is likely to happen when the Constitution becomes effective.”

For the Alliance, an Alliance Committee was formed to negotiate with the Reid Commission. It consisted of Tunku Abdul Rahman, Tun Razak, Tun Ismail, Tun H.S. Lee, Tun Leong Yew Loh, Tun Ong Yoke Lin, Tun Tan Siew Sin, Tun Lim Chong Eu and Tun Sambanthan.

Be that as it may, the Constitution was quite a massive achievement in itself as the task of balancing the rights and demands of various communities was not an easy one to fulfill. The fact that the non-Malays had to also compromise and tolerate the demands of the Malays – as opposed to the supposed absolute sacrifice by the Malays alone – was also recognised as Mr. Arthur Creech Jones, MP for Wakefield noted:

“A number of Members drew attention to the fact that in the working of this Constitution a great deal of tolerance will be required by the Chinese population, and, possibly, by other minorities, for undoubtedly important concessions are made to the Malays with regard to religion, language, land and the public services; but one can only hope that by the practice of co-operation an answer can be found to any deficiencies or defects in the Constitution as it is now presented to us.”

It is therefore clear that the compromise entailed “sacrifices” on the part of all the major communities as opposed to the Malays alone. Every major community managed to have some of their demands met while some others were sacrificed for the sake of achieving and maintaining a balanced society.

In a nutshell, the special positions of the Malays were seen as inevitable in order to improve the financial, sociological and educational status of the Malays which were lagging far behind the Chinese.

In other words, there had to be inequality to achieve equality. It was said that:

“My hon. Friend the Member for Crosby asked whether we were sure that the special position of the Malay population was not to the detriment of the interests of other racial groups in Malaya. The answer is that during the very careful investigation made by the Reid Commission there appeared to the distinguished members of that Commission to be no evidence that the special position of the Malays was either to the detriment of other communities or was resented by those other communities. In those circumstances, I think that we can assume that the special position of the Malays is not likely to be an irritant in the body politic of the Federation after independence is achieved.

I believe that, taken as a whole, these long-established immunities and privileges provide the means of ensuring, not inequality between the various races of Malaya, but that those who have had some disadvantages in the past will, as independence comes, have a start which is relatively equal and will achieve the progress, development and prosperity which is already a significant feature of the life of many of the Chinese and Indian communities.” (Cuthbert Alport MP)

Notwithstanding, the balancing of the rights and compromise was achieved mainly through the honourable and gentlemanly conduct of Tunku Abdul Rahman and his group of sensible negotiators, whose contribution was widely recognised historically.

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