In a WhatsApp group discussion yesterday, someone made a comment on how difficult it is for fresh graduates to find a job now. While the usual nonsensical prerequisites are applied (e.g. fresh graduates are encouraged to apply, with minimum 3-year work experience), the current Malaysian economic climate does not allow for the creation of meaningful jobs.
In a report published in March of this year, Bank Negara Malaysia said that between 2010 and 2017, an average of 173,457 diploma and degree graduates entered the workforce annually over that period while only an average of 98,514 high-skilled jobs were created. Therefore, we ended up with having 599,544 jobless graduates over an 8-year period – those who cannot find high-skilled jobs.
Without looking at the big picture, they swallowed hook, line and sinker Pakatan Harapan’s promise to provide 1 million jobs in over 5 years. It is of no surprise that first-time voters kicked out the Barisan Nasional for failing to assist them adequately. This situation is not showing any sign of improvement.
In a statistics released on 1 March 2019, the Department of Statistics Malaysia reported that there were only 198,000 job vacancies in 2018 compared to 206,000 in 2017 and only 101,000 jobs created in 2018 compared to 157,000 in 2017. Only 27,000 new jobs have been created in Q2 2019 of which 55.3 percent are for semi-skilled workers (48.5 percent) and low-skilled workers (6.8 percent). At this rate if everything else remains status quo, only half a million jobs would be created till the next general elections – half of what was promised to the voters in 2018.
Whether or not the graduates possess the right skill-set is another matter. Employers often lament about the lack of quality of graduates being produced: poor social skills, lack of sense of responsibility, unwilling to work extra hours.
More jobs will be lost now that the era of Industry 4.0 is here. We are already seeing over-the-counter services being taken over by automation. We already have self-order kiosks at MacDonald’s, online banking causing banks to consolidate branches making tellers more and more redundant. In Singapore, robots have taken over the job of mortals delivering room service to hotel customers.
Self-driving vehicles will see the demise of jobs such as taxi, limousine and lorry drivers. No traffic policemen will be needed as autonomous vehicles will abide by traffic rules. Local municipalities will not have traffic wardens while robots with artificial intelligence will service these vehicles at service centres instead of by human beings. Self-driving tractors and harvesters will help manage paddy fields better and more efficiently while drones will help plant seedlings and spray fertiliser and insecticide without having to employ and pay tens of workers to do the same jobs.
With automation becoming more and more affordable, menial jobs will soon be unavailable to our children and grandchildren. This will leave the underprivileged children in suburban and rural areas at risk of being unemployed. Robots do not need annual leave, maternity leave, sick leave and nor do they have moods to set their daily levels of productivity.
All the above will create social time-bombs that will explode from time-to-time, especially during general elections if not handled carefully, no matter who administers the government.
Therefore, it is imperative to look beyond black school shoes, crying and balanced breakfast meals to prepare the future generation for a future with far less jobs. I stand corrected but not one education roadmap has been produced to create a path on which the Ministry of Education can properly plan its policies. This needs to be discussed with the relevant ministries and industry players to create the optimal environment in which the right jobs can be created for the right skills set. Otherwise, be prepared for frequent demonstrations, change of governments, and increase in crime rates.
MALAYSIANS are not accustomed to seeing a Yang di-Pertuan Agong and a Raja Permaisuri Agong that they can relate to.
Remove the pomp and regalia, you see a CEO who holds work discussions at a mamak joint over teh tarik, and a mother who stops at stalls to buy kuih, just like ordinary parents would do on a daily basis.
To say that Malaysians have gone all gaga over this Royal couple is an understatement. The ability to interact, especially with the Queen, on social media is totally unprecedented.
In some ways, being able to tweet to your Queen like you would speak to your mother is good, but some tend to forget that there are lines drawn in such engagement. They mean well, but tend to forget mannerism.
Of course, the royal institution also has its band of haters – people who think that the royal institution does not have a place in modern democracy.
They call the royal families the untouchables, the unelected, the ones whom we pay for their lifestyle. All these remarks have been made thinking that the Malaysian democracy is a true democracy in every sense, where the Malay Rulers are nothing but overpaid rubber stamps.
They are anything but rubber stamps.
The Yang di-Pertuan Agong is the Supreme Head and executive authority of the Federation.
In other words, he is the fount of authority in Malaysia. As the Ruler of a State, he also represents the other eight Malay Rulers who have elected him to the office of the Yang di-Pertuan Agong.
Prior to 1 February 1948, save for the rulers of Terengganu and Johor which governed in council with the Sultan as head, the rulers were all absolute monarchs.
The British were here in agreement with the respective state Ruler to assist the latter in making the administration of their respective state more efficient.
The Rulers delegated their administrative authority, except in the affairs of the religion of Islam and Malay customs, to the British Residents who were in the Rulers’ payroll.
These residents were answerable not to the Queen of England, but to the sovereign ruler of whichever Malay state they were transferred to.
Come February 1 1948, these Malay states were all federated – with central control, but with some internal autonomy.
The Malay states still retained their sovereignty.
A popular belief is that we were colonised and were therefore not sovereign states, but the court case brought by one Jenny Mighell against the Sultan of Johor in 1894 brought forth an 1885 Treaty with the Crown of England and a letter each from the Colonial Office and Queen Victoria herself to confirm Johor’s status as a sovereign nation.
When the Sultan of Johor sent Dato’ Mohd Seth bin Mohd Said as his representative to the Merdeka discussions in London, the latter was given an instruction to disagree with Malaya being given independence.
Detractors of the royal institution regarded this as the Johor family wanting to remain as a colony of England instead of being independent as a single nation under the Federation of Malaya.
The truth is, Johor was independent at the time as other states were, had its own civil service, courts and postal service. Used to efficient governance headed by British advisers, the Sultan of Johor did not want a Malaya governed by Malayans who, in the view of the Sultan, do not possess any idea of how a nation should be governed.
The 1948 Federation of Malaya had a Federation of Malaya Legislative Council with the High Commissioner as its Chief of Executive; three ex-officio members namely the Chief Secretary, the Finance Secretary and the Attorney-General; 11 State and Settlement members consisting of the President of the Council of each of the Malay states and an elected member of the council from Melaka and Pulau Pinang; and 45 official (including the Chief Ministers) and unofficial members.
This council was made via the Federation of Malaya Agreement of 1948 by Sir Edward Gent on behalf of the Malay Rulers, and only for the Malay Rulers and their Successors.
This again, is proof that the Malay Rulers were sovereign and not subjects of any colonial power.
Fast forward to 1957, the final agreement was reached for the Malay Rulers to transfer the delegation of some of their executive powers from the British administrators to the representatives chosen by the people in the 1955 elections.
The Malay Rulers had preferred a hybrid government that would have consisted of elected representatives as well as representatives appointed by them made up of professionals who could help run the country in the case where elected representatives do not meet the expected mark.
In hindsight, that would have saved us all a lot of trouble now.
The office of a Yang di-Pertuan Agong, representing the other eight Malay Rulers, was created by the Federal Constitution.
In this constitution it also states that the Yang di-Pertuan Agong has the right to choose from the Lower House, an elected representative whom to the opinion of His Majesty, holds the confidence in the House, to become the Prime Minister.
This Prime Minister shall then advise His Majesty on whom to pick as members of His Majesty’s Cabinet.
Likewise, the Sultan or Raja of the respective states has the right to choose an elected representative from the Dewan whom to the opinion of His Majesty, holds the confidence of the Dewan, to become the Menteri Besar. This Menteri Besar shall then advise His Majesty on whom to pick as His Majesty’s Executive Councillors.
If the Yang di-Pertuan Agong, or the Sultan or Raja, feel that none hold the confidence of the House or Dewan, Their Majesties can not appoint anyone until a candidate that enjoys the confidence of the elected representatives is found; but this has to be done within 120 days after the dissolution of the Parliament and states assembly.
It is not for anyone to force Their Majesties to choose.
Having said that, there was no business whatsoever for Umno members to hold a demonstration in front of the Terengganu palace, for Pakatan supporters to roll on the roads leading to the Perak palace, or for the Prime Minister to say that the Sultan of Johor has no say in choosing a Menteri Besar.
The Prime Minister is the CEO of the country, answering to the Yang di-Pertuan Agong who is the Executive Chairman.
And what do the Malay Rulers receive for them to agree to being in this Federation and to allow the people to choose amongst them representatives who will be administering the Malay Rulers’ government? The emoluments stated in the Istana Negara (Royal Allowances) Act, 1982 and the various states’ enactment for royal provisions.
The constitution of the Malay states was made by the Malay Rulers and with the State Legislative Council. The Federal Constitution was made by the Federal Legislative Council. The Federal Constitution made the Yang di-Pertuan Agong, the Prime Minister, the Cabinet, the Acts, us Malaysians.
Take the Federal Constitution away and dissolve Malaysia, you will not have a Yang di-Pertuan Agong, no Prime Minister, nothing. However, the Malay states will still exist with the Sultans as the supreme executive authority of those states.
And they are above the respective states constitution because they made the state constitution.
That is why they are the unelected, the untouchables as some say.
And no, you do not feed them.
You are merely paying them in exchange for your right to vote in the people in your judgment would be the better ones to administer the government by the people, for Their Majesties.
When Jasliza Jamil met with an unfortunate accident on her way to work in Putrajaya last month, the last person she would expect to stop and lend a helping hand was Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah, the Yang DiPertuan Agong himself. The King was on his way to attend a pre-Cabinet meeting with Prime Minister Tun Dr Mahathir Mohamad.
That was not the first time that His Majesty had acted in such manner. Even during his tenure as the Tengku Mahkota of Pahang he had stopped at accident scenes countless times, offering his assistance not just there and then, but to the extent of following up with the victims asking how they were recovering and at times even paying for the treatment received!
The above is the Pahang way – where putting the importance of the people first is the order of the day.
Many do not realise the other story behind that chance meeting with Jasliza Jamil.
His Majesty was on his way to Putrajaya for his pre-Cabinet meeting with the Prime Minister. This scheduled weekly meeting is where the Prime Minister briefs the King on the administration of the country and seeks the King’s advice on very important matters. The Prime Minister, after all, administers the country and heads His Majesty’s government.
But these meetings have always been held, by convention, at the Istana Negara. However, nothing is conventional when it comes to the House of Pahang. Recognising the urgency of matters, the King saw fit to go to the Prime Minister instead to expedite the process of running the government.
This is again a norm in Pahang where His Majesty, then as the Prince Regent, would meet the Menteri Besar instead of the other way around to get matters out of the way.
Just before the accident in Putrajaya happened, the social media circle was abuzz with excitement when the King was shown queuing up and ordering at a Kentucky Fried Chicken outlet in Temerloh.
To many, it was a scene that is totally out of the ordinary. But to the people of Pahang, it was perfectly normal to see Al-Sultan Abdullah and family eat at either KFC or McDonald’s just like any other family.
Behind the bubbly character of the beautiful Raja Permaisuri Agong is the loving and dutiful wife, mother and Queen.
Not many know that Her Majesty cooks for the King daily, give away one or two days. Her Majesty was trained in cooking by her late father, Almarhum Al- Mutawakkil Alallah Sultan Iskandar Al-Haj who once told her, “Azizah, if you don’t know how to cook, how can you tell the cook that their cooking is not right?”
Almarhum Sultan Iskandar also urged Her Majesty to learn how to cook the various Pahang recipes before she got married to Al-Sultan Abdullah. Last year, Her Majesty launched two recipe books showcasing Pahang food and desserts.
Her Majesty is often seen during floods cooking for flood victims. I was fortunate enough to witness how she cooked for thousands of flood victims in Pahang every single day at different locations for up to two weeks and more, every single meal time.
Upon arrival at any of the flood evacuation centres Her Majesty would announce to the aid workers in the makeshift cookhouse, “Assalamualaikum Pakcik-Pakcik, Makcik-Makcik, Abang-Abang, Kakak-Kakak, boleh berhenti buat kerja. Biar saya yang masak!”
She would get down to work immediately to feed the hundreds at the centre, then get her children to serve the flood victims. None of those in Her Majesty’s entourage were allowed to eat any of the food cooked.
“Ini rakyat punya,” she would say. She would ask her children to go around the dining area to make sure that everyone had eaten before saying goodbye to everyone and head for the next centre.
When Almarhum Sultan Haji Ahmad Shah Al-Musta’in Billah passed away, it was Her Majesty who took charge of the funeral arrangements as the King was away in England to attend the graduation of their daughter.
Everyone could see the dutiful and loyal wife and daughter-in-law tirelessly pacing the floors of both the Istana Negara and Istana Abu Bakar ensuring that everything was in order, and at the same time guests were taken care of. And many cried seeing both their Majesties hug and console each other upon the arrival of His Majesty the Yang DiPertuan Agong at Istana Abu Bakar.
The loving wife, finally in the arms of her pillar of strength; the loving husband seeking comfort and solace from his pillar of strength.
Getting the Insights
The events above were captured by the Istana Negara public relations team that is embedded inside the King’s entourage.
Although most royal households now have a form or two of social media accounts, they are mostly dry and too formal in their presentation.
The Istana Negara social media accounts give an insight into the daily functions of both the Yang DiPertuan Agong and the Raja Permaisuri Agong. Although formal in nature, it is more relaxed in its approach that brings the rakyat into the events themselves.
The Facebook page ‘Friends of Istana Negara’ supports the official Istana Negara social media accounts by relaying the events while ‘House of Pahang’ which is found on Facebook, Instagram, Twitter and YouTube gives an insight into the lighter side of the Pahang royal household.
One of the events covered in the latter that had Netizens awestruck was during the barbecue dinner hosted by the King and Queen during the recent Conference of Rulers where all the Rulers, queued and took their own food! For the first time people were able to see the other side of the members of the royal families and those who expected to see their Majesties being served at the table received a huge surprise.
Transparency seems to be the order of the day. Both the Yang DiPertuan Agong and the Raja Permaisuri Agong are very open even when talking about personal matters.
We are accustomed to editorials written about the Sultans and previous Yang DiPertuan Agongs in the newspapers. This time, we get to read and hear it from their Majesties themselves.
His Majesty spoke to members of the press about his wishes for the people, and how the press then and now have helped shape his character, while Her Majesty spoke about her feelings at being appointed the nation’s First Lady and shared childhood jokes with the press.
In an age where socioeconomic gains are seen as a result of political works, the Rulers Institution is gradually losing its relevance. Intended misinformation and watering-down of the important roles the Rulers Institution play in ensuring a check-and-balance in Malaysia’s own mould of democracy and as protector of the people have contributed to the youth asking the relevance of the Rulers Institution in this new millennium.
The misbehaviour of those not directly in lines of succession have undoubtedly smeared the image of the royal households and have brought about much disrespect just because the name of those in question still bear the title Tengku or Raja. Of course, they are human, but they also carry the responsibility of preserving the name and image of the institution they belong to.
This is perhaps the reason both their Majesties have embraced social media and see the importance of ‘letting the people see the insides of the Istana’ as only transparency, without any erosion to the dignity of the Institution, is the way for the rakyat to see that the institution of the Yang DiPertuan Agong is the people’s institution, and not merely a rubber stamp for the government that is supposed to work for His Majesty. This is the mould the people have been waiting for.
And Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah ibni Almarhum Sultan Haji Ahmad Shah Al-Musta’in Billah is the benchmark for all future yang DiPertuan Agong to follow. DAULAT TUANKU.
Almost a year ago, voters voted for change and hailed the dawn of a new era. They kicked out the Barisan Nasional administration for a coalition that promised them better life quality, better pay, freedom of speech among others.
A month later, the Minister of Education announced that public universities could organise debates and forums “like in other renowned universities around the world” (Menteri: IPTA kini boleh anjur debat, forum – Malaysiakini, 6 June 2018).
This prompted an academician, Dr Khoo Ying Hooi, to pen his feelings saying that the newfound freedom of speech is needed to create a new narrative that academicians do not only teach in universities but have a bigger responsibility, that is to contribute to society (Suara hati ahli akademik yang kini bebas selepas berdekad dirantai – The Malaysian Insight, 9 June 2018).
Just six days to a year of taking over the administration, the same Minister of Education wants the four academicians who presented their views to the Rulers Council to resign from their post (Maszlee: Academics must take responsibility for executive summary on Rome Statute).
He was alluding to the fact that they should not continue to hold their post due to alleged lack of integrity.
The four are Professor Datuk Dr Rahmat Mohamad, Associate Professor Dr Shamrahayu Ab Aziz, Dr Fareed Mohd Hassan and Hisham Hanapi. The four were summoned by the Yang DiPertuan Agong to present their views of the Rome Statute to the Rulers Council. The four were opposed to the Statute and cited their reasons.
The Rulers Council also summoned Professor Shad Saleem Faruqi and Attorney-General Tommy Thomas to present their views and reasons for their support of the Statute.
If the government is truly serious about respecting freedom of speech and expression, then it should also respect dissenting views. Furthermore, the four academicians, like Professor Shad Saleem Faruqi and the A-G, were summoned by the Rulers. They did not just appear in front of the Rulers at their own time, whims and fancies. It was an order.
It just happens so that the views of the four managed to convince the Rulers Council that the Rome Statute is not good for the nation while Shad Saleem Faruqi and the A-G failed to convince their Majesties otherwise.
Therefore, in the name of integrity, shouldn’t Shad Saleem Faruqi and the A-G resign too?
AS we all know, Prime Minister Tun Dr Mahathir Mohamad had announced on April 5, 2019 Malaysia’s intention to withdraw from ratifying the Rome Statute of the International Criminal Court.
However, just a week ago Foreign Minister Saifuddin Abdullah said that it is only a dead end for ICERD, but not for the Rome Statute (Jalan mati buat ICERD tapi bukan Statut Rome, kata Saifuddin – Free Malaysia Today, 23 April 2019).
Parliamentary Opposition Leader Ismail Sabri Yaakob hit out at the Foreign Minister the very next day. In a blog post, Ismail asked if the Foreign Minister still wants the Rome Statute ratified and what is the Pakatan Harapan government’s agenda? (Menteri Luar Masih Mahukan Statut Rom Diratifikasikan. Apa Agenda PH? – dsismailsabri.com, 24 April 2019).
What I find most interesting among all the points that were brought up by the Opposition Leader are the date when the statute comes into force for Malaysia, and the period of withdrawal from ratification.
Paragraph 1 of Article 126 of the Rome Statute states that the Statute shall come into force on the first day of the month after the 60th day following the ratification. For Malaysia, that date falls on June 1, 2019.
Paragraph 1 of Article 127 states that a State Party may, by written notification, withdraw from the Statute. The withdrawal shall take effect ONE YEAR after the date of receipt of the notification.
What the above means is that come June 1, 2019, Malaysia becomes a State Party. Any withdrawal following that date will only take effect ONE YEAR AFTER the receipt of the written notification. Until the withdrawal comes into effect, Malaysia is obliged to honour the Rome Statute.
Enter Article 7 Paragraph 1
At a glance, the ICC does not cause a nation’s sovereignty to diminish. Unlike the International Human Rights Law, the International Criminal Law does not directly impact national constitutional arrangements.
However, according to an expert in International Criminal Law, Rupert Elderkin, when International Criminal Law comes into play, it may perform quasi-constitutional functions, in particular offering the only means under public international law to remove state officials from office when they are believed responsible for the most harmful abuses of power (Elderkin, R. (2015). The impact of international criminal law and the ICC on national constitutional arrangements. Global Constitutionalism, 4(2), pp. 227-253).
The Attorney-General can argue that the Yang DiPertuan Agong will not be affected if Malaysia decides to declare war against another nation. Maybe not so. That is the least of my worries. It is Article 7 (Crimes Against Humanity) that I am more concerned about.
This Article deals with any act when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack that includes persecution against any identifiable group or collectively on political, racial, national, ethnic, cultural, religious, gender, or crimes of apartheid.
Persecution means the intentional and severe deprivation of fundamental rights contrary to international law, while the crime of apartheid is explained as an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups.
I can name several Articles in the Federal Constitution, and the numerous policies aimed at protecting the special rights of the Malays and Bumiputera, as well as the special position of Islam, that are already against Article 7 of the Rome Statute.
The Malay Rulers act as a shield in their respective states for protecting the religion of Islam. If a Sultan refuses to appoint a state assemblyman whom he thinks has the majority support of the Dewan, as the Menteri Besar, on grounds that the latter is not a Muslim, then the Sultan is already acting in direct contravention of Article 7.
In the case of HRH The Sultan of Selangor and the issue of the use of “Allah” in Bibles five years ago, although the State’s religious affairs department acted in accordance with a state enactment that was made under the state’s constitution, that, too, would have contravened Article 7 of the Rome Statute.
It is immaterial whether or not the State’s constitution or enactments contravene the Federal Constitution. It can only be so when a Constitutional Court deems it to be.
Can the Agong and Malay Rulers be prosecuted?
But will the Yang DiPertuan Agong and the Malay Rulers still be protected from prosecution by the ICC? Or, can they be prosecuted by the ICC?
The Malay Rulers know of the policies and Articles that give Islam its status as the religion of the Federation; that give special status to the Malays and Bumiputeras over others; that makes Malay the national language – all of which come under their protection.
One can argue that since the Malay Rulers are constitutional in form, they cannot be held responsible, as argued by the Attorney-General saying that the Agong cannot declare war and is therefore not accountable. However, the Eighth Schedule of the Federal Constitution clearly states their executive powers.
Although the Latin phrase actus reus non facit reum nisi mens sit rea is the common law test for criminal liability meaning the act is not culpable unless the mind is guilty, it also means that a crime can be committed not only through one’s intention, but also through the knowledge that one’s action or inaction would contribute the same.
In Prosecutor vs Tihomir Blaškić (ICC Appeals Chamber, 29 July 2004), the ICC Appeals Chamber held that “the person who orders an act or omission with the awareness of the substantial likelihood that a crime will be committed in the execution of that order, has the requisite mens rea for establishing liability under Article 7(1) pursuant to ordering. Ordering with such awareness has to be regarded as accepting that crime.”
In other words, there is no legal requirement of an ideology, plan or policy to articulate the mens rea applicable to crimes against humanity. In this context, the Malay Rulers can be found culpable to promoting and enforcing policies and plans that oppress targeted race or religion, while holding the supremacy of one race or religion.
In the words of Catherine Gegout, and Associate Professor in International Relations, Faculty of Social Sciences at the University of Nottingham,
“The ICC can prosecute any individual anywhere in the world, but for suspected criminals who are citizens of a state which has not ratified the ICC Statute, a United Nations Security Council (UNSC) resolution is necessary.” (Gegout, C. (2013). The International Criminal Court: limits, potential and conditions for the promotion of justice and peace. Third World Quarterly, Volume 34, 2013, Issue 5, pp. 800-818).
How effective can ICC prosecute will depend on how cooperative a State Party is. If the government, as the executive branch of a State Party, decides to cooperate with the ICC and have a Malay Ruler tried by the ICC, then It could.
So, what is the government’s intention?
If there is something that may affect the status of Islam as the religion of the Federation, the special privileges of the Malays and Bumiputera, the National Language, and the status and functions of the Malay Rulers, it is imperative that the government bring it to the Malay Rulers to be deliberated.
By going quietly and ratifying the Rome Statute without first bringing the matter to the attention of the Malay Rulers is an act that contravenes the Federal Constitution. The Malay Rulers have every right to be consulted, to warn and to encourage. The cabinet members all took an oath to serve in His Majesty’s government, a Malaysian government; not a political party’s government.
So, what was the intention of ratifying the Statute? To take Myanmar to the ICC? China for the mistreatment of the Uighurs
Most importantly – June 1, 2019 is getting nearer each day. Why has the government not sent the formal letter to the Secretary-General of the UN to notify of Malaysia’s intention to withdraw from ratifying the Statute? How difficult can drafting a letter be? Does it need more than 25 days to draft one?
Or is the announcement by the Prime Minister 26 days ago a form of strategic withdrawal that will only see a letter sent days, weeks, months or years after June 1, 2019 that will see Malaysia bounded for another year after?
Perhaps Mahathir is already incoherent. Article 71 of the Federal Constitution guarantees the Constitution of the States.
If there is any conflict between the state’s constitution with that of the Federal Constitution, then the matter has to be decided by a Constitutional Court.
Example: Selangor’s Shariah Offences Enactment gives power to the state religious affairs authority to confiscate Bibles printed in the Malay language or using one of the 25 prohibited terms such as Allah. This is in conflict with with Article 11 of the Federal Constitution, but is applicable in Selangor until such time a Constitutional Court declares it null and void.
While Malaysia is a Constitutional Monarchy, Article 181(1) of the Federal Constitution states:
“Subject to the provisions of this Constitution,” the “sovereignty, prerogatives, powers and jurisdiction of the Rulers…as hitherto had and enjoyed shall remain unaffected.”
The same was noted by Mark R Gillen of the Faculty of Law, University of Victoria (Gillen 1994:7). In the words of the late Sultan of Perak, Sultan Azlan Shah, former Lord President, it is:
“…a mistake to think that the role of a King, like that of a President, is confined to what is laid down by the Constitution, His role far exceeds those constitutional provisions” (Azlan Shah 1986:89)
In other words, the Rulers may be Constitutional Monarchs, but they are not limited to what have been spelt out in the Federal Constitution.
Now, back to who has the right to appoint the Menteri Besar of Johor since the Constitution of Johor is not void? Please refer to the photo below which is a screenshot of the Constitution of Johor regarding the appointment of the Menteri Besar:
You can fool the uneducated voters, but you can’t fool the likes of me.
I do not think that we have seen the end of the volleys fired at each other between the Tunku Mahkota of Johor (TMJ) and the Government. Although I disagree with the TMJ whenever he writes about anti-federalism, I agree with his stand to protect the Federal Constitution. He may not have the protection from the law as he is not the Head of State, but his courage and determination to go at loggerheads with the Government on this matter deserves support.
According to Barisan Nasional Member of Parliament Annuar Musa, the recent Rulers Council meeting saw the Attorney-General Tommy Thomas and Foreign Minister Saifuddin Abdullah summoned by His Majesties to explain on the clandestine ratification of the Rome Statute.
His Majesties also summoned Emeritus Professor Shad Saleem Faruqi, a Professor of Law in the University of Law, who is a proponent of the Rome Statute. Also summoned were four academicians opposed to the statute: Law and Constitution lecturers Professor Datuk Dr Rahmat Mohamad, Associate Professor Dr Shamrahayu Ab Aziz, Dr Fareed Mohd Hassan and Hisham Hanapi.
Only after listening to all above did the Rulers Council leave it to the Yang DiPertuan Agong, who represents the Rulers Council, to take the matter with the Prime Minister. The Rulers Council could have there and then issued a statement to show their displeasure at the manner their Government had acted in matters that could have an impact on the rights and position of Islam as the religion of the Federation, the Malay Rulers, the privileges of the the Malays and Bumiputeras, and the National Language.
This is not the first time that Saifuddin has gotten himself in hot soup. When he was a Minister in Najib Razak’s administration, he came up with a National Unity Bill when that was not the term given to him as Chairman of the National Unity Consultative Council. As a result, Najib Razak and the Attorney-General then were summoned to the same meeting four years ago and received a telling or two.
Mahathir was very obviously furious as seen in the video of a press conference made after announcing Malaysia’s pulling out of the Rome Statute, and unnecessarily alarmed the people with words like coup-d’etat to justify the Government’s about turn.
What he, and his supporters seem to have forgotten is that he is the Prime Minister of His Majesty’s government. It was the agreement signed between their Majesties with the ruling coalition in 1957 to transfer the administrative powers vested in the British advisors by their Majesties from the former, to the government that was elected by the people.
This was true then, true when the British were still here, and still true now that although the Rulers had divested much of their independence, they remain sovereign; and independence is not equal to sovereignty.
As a principle of international law, sovereignty denotes, in its purest form, the concept of a ‘supreme authority’ be it an individual or a collective unit and implied power to exercise independence both internationally and domestically.
And Professor Datuk Dr Ramlah Adam rightfully pointed out that the powers of the Malay royalty are now included in the Federal Constitution. They (the Rulers Council) should have been consulted first, as accorded by the Constitution, before the government took unilateral decisions to introduce and ratify ICERD and the Rome Statute.
Other than having the rights to be consulted, to encourage and to warn in daily administrative matters, the Malay Rulers also have the duty to protect the sanctity of Islam as the religion of the Federation and the states they reign over, the special privileges of the Malays and Bumiputeras, the special position of the Malay language as the National language.
These are the rights enshrined in the Federal Constitution, and any attempt to introduce anything that has any effect on the above, will need the agreement of the Rulers Council. Any deviation from that is against the Federal Constitution and the spirit in which it was made and agreed to by our forefathers with all the parties involved.
And I saw an online comment by a non-Malay netizen asking what have the Malay Rulers done that have benefitted the people? After the post-World War 2 racial clashes that saw the birth of the First Emergency, the British based on a priori saw the need to resettle the Chinese in camps while between 20,000 and 50,000 be sent back to China.
The plan moved at a snail’s pace due to the objections by many, and with the total withdrawal of the Kuomintang to Formosa, the repatriation of the Chinese came to a halt in September 1949 when the Communist Party of China closed off all ports and beaches. Only 6,000 Chinese from Malaya were sent back (Anthony Short, 1975 pp 178-201). The rest were settled in new villages to curb them from supplying the Communist Party of Malaya with food and other essentials.
Most of them had never had any form of allegiance to Malaya, its Rulers and government. Therefore, in granting citizenship to them they were required to give allegiance to the Rulers and the Federation.
That is the price you have to pay to become the citizens of this nation.
The same goes to all the Members of Parliament and members of the government cabinet: you have all taken an oath of allegiance to the Yang DiPertuan Agong, who represents the other eight Malay Rulers. State executive councillors and elected representatives have also taken the oath of allegiance to their respective Ruler. You are all administering the governments of the Federation and its states on behalf of the Malay Rulers, therefore it is totally unbecoming for you to act as though they are equals.
As in the words of Tengku Amer Nasser Ibrahim, the adopted son of the 16th Yang DiPertuan Agong, posted to his Instagram story:
“Tadbir” must be accompanied by “Adab”, only then will the outcome be just.
So, stop toying around with the Malay Rulers, the sanctity of Islam, the privileges of the Malays and Bumiputeras, and the special position of the Malay language as the National language.