Four ban in Malaysia constitution ""

The constitution of Malaysia has the highest authority, other laws, state laws are not confound it. The Constitution gives the Malaysian citizens basic rights of freedom of speech and expression, but because of its unique historical, social, political and moral status, media (and personal) need to make the right in a "legal framework". The legal framework contains four prohibitions unique. The tenth paragraph fourth:

No doubt (and open discussion) in Malaysia is regarded as a sensitive issue1The issue of civil rights2The problem of Malay position3Treatment of Malays and indigenous4The problem of Sultan sovereign Malay rulers.

The problem of civil rights actually refers to the non Malays and indigenous rights, Malaysia before the founding of the PRC, the leading British colonial government has granted citizenship to immigrants, such as the Chinese and Indians. Future immigrants only get citizenship are eligible to participate in the affairs of Malaysia, but the naturalization relatively harsh conditions, such as a residence and Malay level requirements. Believe it or not, this process is unmistakably show that Malay is Malaysia's "master", other immigrant races behoove is the "outsiders" or "guest". There are Chinese critics said this is one of the most wise choice strategy for Malay history. (P215)

The problem of Malay Malay as the national language status is the status of the non-negotiable, set ten years over the period, the official language is English, ten years after the adoption of Malay as the national language. The Chinese have put forward before the founding of the Chinese as a language that, after the founding of the demand decreases, then disappear. Now in Malaysia based in implement Mandarin, keep the national language as the medium of instruction for Chinese medium schools, but at all levels of government and public agencies must use Malay, English is also retained as a working language.

Treatment of Malays and indigenous is recognized as the son of the special rights and interests of land, such as without reclamation and land are the Malay reservation; keep a reasonable proportion of the civil service positions (MalayVSNon Malay4:1); any university, school admission and scholarships, grants reasonable share (MalayVSThe non Malays3:2Or4:1), professional and business license is the license given special care (the new economic policy prescribed business must have30%Malay equity). About the Malays and indigenous privilege in1948Once the provisions of the Federal Constitution in the retention period15Years, needless to say, now more than long. (P110)

Malay ruler of Sultan sovereignty must not be challenges, Malaysia9The state retains the hereditary Sultan, but also the supreme head of state in Sultan elected in rotation, the provisions of the constitution, Sultan enjoys sovereign power, privilege, power and jurisdiction "must remain intact," national religious affairs and important officials must obtain the approval of the appointment. In addition to point out, Malaysia is on Islam that Islam is the state religion, while allowing the other religions "Peace and harmony" in "any place to pursue".

Four prohibitions intention is positive, to maintain fair development of Malaysia and harmony in all races. Because of the reason of Malays and indigenous historical economic status is very poor, Chinese and Indians occupied the dominant position in economic field, which is currently, still has the advantage position, so the provisions of special interests of Malays and indigenous can be said to restrain the powerful and help the weak, has its fair and reasonable or fair foundation, can get the sympathy and understanding. And the protection of Malay Sultan privileges and Malay language status, as a guarantee of national sovereignty that dominated the and the dominance of the nation can also understand. But a certain race special rights and interests indefinitely and endless retention and support, will no doubt make unfair and national estrangement and split the country risk.

In fact, discuss civil rights or questioned in the media has never stopped, is mainly Malay politician in the bones are still the Chinese and Indian as outsiders, move on to the Chinese and Indian citizenship is a gift, then back to the Chinese go, go back to India. In turn, Chinese or Indians must respond to this unreasonable arrogant clamor. Even with the rights of citizenship, even if born, longer than the old, and died in Malaysia, but life can only do "two citizens", can not enjoy the same rights of citizens, which is surprising, and suspicion for democracy in Malaysia.

Undeniably, the constitution of Malaysia itself contains conflict stultify oneself, such as hand set "no single religion,RaceFor the reason, blood or birth of citizen discrimination ", namely equality; but on the other hand, the special provisions to protect the rights and interests of the Malays and indigenous, i.e." ethnic inequality". No wonder some critics said, only from the angle of constitution, the nation of Malaysia is not about the ethnic equality. (P228)

From the point of view of historical development, the special social context -- a matter of expediency because of the inherent contradictions and problems, sooner or later will stimulate or public -- will eventually be eliminated. As Chinese, from racial and cultural proximity into account, the author hope that the day will come, of course not contradictory conflict, but the conflict solving.

Reference

Sun Zhenyu "Malaysia with the Malaysian Chinese and study the relationship between the" Gansu Nationalities Publishing House2008·12

Shad Saleem Fatuqui, Sankaran Ramanathan (1998)Massmedia laws and regulations in Malaysia