The Malaysian Concord (Part 3) – The Malay and Bumiputera Special Rights

Recent protest against ICERD – Bernama

One of the functions and roles of the Malay Rulers is to safeguard the interests of the Malay and Bumiputera communities enshrined in the Federal Constitution.  That is what HRH The Sultan of Selangor did when he voiced out against ICERD and liberalism.

In the previous posts (The Malaysian Concord (Part 1) – The Sanctity of Islam and The Malaysian Concord (Part 2) – The National Language) I have shown you why Islam was made the religion of the Federation, and why the Malay language was made into the National Language.  I also explained why the Reid Commission was just a commission and not a party to the discussions and negotiations to the independence of Malaya and whatever put forth by the commission were recommendations for the Constitution, not the hard-and-fast rule.

The Malay precedence had always been the mantle of the British Residents.  Frank Athelstane Swettenham, the first Resident-General of the Federated Malay States, saw himself as the patron to an heir (the Malays) who was in danger of losing his inheritance to the immigrant Chinese and Tamils.  He wrote:

“The position he occupies in the body politic is that of the heir to the inheritance. The land is Malaya and he is the Malay. Let the infidel Chinese and evil-smelling Hindu from southern India toil, but of their work let some profit come to him.” (Sir Frank Swettenham, The Real Malay (London, 1899): pp. 37-40)

The economic situation of the Malays, pushed to the hinterland by the immigrants, became dire that they had to take loans from the chettiars putting their land as collateral.  When even the interest could not be serviced, these lands were taken into possession by the moneylenders.

The Federated Malay States government intervened and introduced a series of legislations to curb the Chettiars’ operations, one of which was the Malay Reservations Enactment, 1913, which objective was “to provide means for preventing the passing of Malay landholdings into the possession of foreigners”(Frederick Belfield, Legal Adviser, FMS, Report for the Secretary of State on the FMS Enactment 15 of 1913).

In 1910, E.W Birch, the 8thResident of Perak, noted the need for such Enactment:

“It will mean that we shall free our peasantry from the clutches of those people who now remit to India the large sums of which they now bleed the people.”(Hastings Rhodes, Objects and Reasons, Malay Reservations Enactment of 1913, quoting a Minute by E.W Birch dated 7 September 1910; in Selangor Secretariat, File 3013/1912, Conf. File 10/1912).

Two constitutional changes were introduced in 1909, the establishment of a Federal Council, and the enactment to change the title Resident-Generalin the FMS to that of Chief Secretary.

The Governor responsible for these introductions, Sir John Anderson, said that the intention of these changes, in his words, was for“the full safeguarding of Malay interests.” (Proceedings of the Federal Council, FMS, 11 December 1909).

Sir Laurence Guillemard, High Commissioner for the Federated Malay States wrote:

“The moral is clear that real danger lies ahead if the Malays do not get their share of the benefit of the development of their own country.”(C.O 273, Vol 539, Laurence Guillemard to Secretary of State, 3 May 1927).

To put things in perspective, not only were the Malays left out economically, they were also already minorities in the Federated Malay States.  According to the census of 1931, the population of the FMS comprised of a Chinese majority (41.5 percent), followed by Malays (34.7 percent), Indians (22.2 percent) while various other ethnic groups made up the remaining 1.6 percent (Loh Fook Seng, Malay Precendence and the Federal Formula in the Federated Malay States, 1909 to 1939, JMBRAS, Vol 45, 1972: p.48).

When the discussions for the independence of Malaya took place, the MCA which represented the interests of the Chinese community in Malaya, agreed for the continuation of Malay special privileges that was already being enjoyed by the Malays under the Federation of Malaya Agreement of 1948 (Straits Times, 28 August 1956).

Even on the issue of making Mandarin a national language at par with Bahasa Melayu, the MCA Central Committee which debated the Alliance memorandum to the Reid Commission put the issue to a vote: 15 votes were against the recommendation that Mandarin be recognised as an official language, 14 voted for, 31 abstained (Straits Times, 28 August 1956).

Reid Commission was required by its terms of reference to “safeguard the special position of the Malays and the legitimate interests of the other communities” (CO 889/6, C.C. 2000/15, Summary record of Commission’s meeting, 27 August 1956).

The Constitutional Bill was then debated in the England’s House of Commons.  Three amendments to the Bill was sought.  The third proposed amendment pushed by Conservative MP Joan Vickers (Devonport) noted that the 15-year limit for Malay special rights recommended in the Reid Report was omitted from the Bill.

However, the majority felt that any eleventh-hour amendment could upset the political compromises embodied in the Constitution (Commons Debates, 19 July 1957, pp. 1590-1591).  The Secretary of State concluded that any accepting of proposed amendments would result in the reopening of all issues on which agreement had already been reached (Ibid., pp. 1592-1594).  Therefore, all the proposed amendments were rejected and the Federal Constitution of Malaya, as part of the Malayan Independence Bill, was adopted unchanged.

These special rights were then extended to the Bumiputeras of Sabah and Sarawak through Paragraph 62 of the Malaysia Agreement, 9 July 1963, pages 43 and 44. But this did not come easy.  Many non-Bumiputera groups were opposed to the idea of according the natives of Sarawak with special rights.

A group from the Sarawak United People’s Party led by Ong Kee Hui had a contempt for the backwardness of the natives and had regarded their leaders as men of no consequences.  This prompted the SUPP’s leader in Sibu Jonathan Bangau, an Iban, to resign.

The Ibans, however, told the Cobbold Commission that they were all for Malaysia and some even emphasised on the need for a speedy arrival of better education and development for the Iban community.  In North Borneo, the only negative views were given by the British officials and expatriates as well as the rich (non-Bumiputera) local businessmen.

Both Donald Stephens (Chairman of the Committee of the North Borneo Alliance) and Stephen Kalong Ningkan (Secretary-General of the Sarawak Alliance) both accepted the Inter-Governmental Committee report.  Sarawak Council Negri voted unanimously to adopt the report on 8 March 1963, while the North Borneo Legislative Council unanimously adopted the report on 13 March 1963.

The special rights of the Malays and the Bumiputeras are there to protect their interests so that they do not get swallowed whole in their own land.  The Fijians learnt this the hard way when the Indo-Fijian (Indian descent) minority which numbered less than 40 percent of the population, dominated everything from government to economy, leaving the ethnic Fijians on the sideline.

If the rights of the Malays and the Bumiputeras that was agreed upon by our forefathers are now being questioned, should they now not ask for a better position for themselves? Perhaps a 70-percent equity and quota in everything from now on, or something even better?

(This article was first published on The Mole)

The Road to Malaysia: Part 2 – Consultations

The Malaysia Solidarity Consultative Committee
The Malaysia Solidarity Consultative Committee

This article is a continuation from The Road to Malaysia: Part 1 – The Malaysia Concept.

During the Commonwealth Parliamentary Association of Asia (CPA) meeting in Singapore on the 23rd July 1961, a conference resolution to establish a Malaysia Consultative Committee led by North Borneo’s Donald Stephens and Sarawak United People’s Party’s Yeo Cheng Hoe. Both would become members of the Malaysia Solidarity Consultative Committee and hasten the formation of the Federation of Malaysia.

We see today how some foreign plenipotentiaries act in contravention of Article 41(1) and (2) of the Vienna Convention on Diplomatic Relations, 1961 where the diplomat should not interfere with the internal affairs of the Receiving State and all businesses by the mission of the Sending State must be coordinated with the Foreign Ministry or any other relevant ministries of the Receiving State.  However, we see today various anti-government NGOs being courted by these foreign missions, even to the extent of having the number one diplomat attending and participating in the programs executed by these NGOs.

Things were not much different back in 1961 – especially for Singapore, although Singapore was still a Crown Colony with self-rule.  George Douglas Hamilton, the 10th Earl of Selkirk (Lord Selkirk) was often observed by Lee Kwan Yew to be making special efforts to court left-wing politicians especially PAP’s left-wing politician Lim Chin Siong, who are opposed to the Malaysia Concept.  This relationship grew stronger and especially after the Hong Lim by-election in April 1961 where an Independent thumped PAP’s candidate by a 4,927 majority, and later the Anson by-election in July 1961 where the Worker’s Party’s David Saul Marshall trounced PAP’s Mahmud Awang by a 546 majority.  Because of Lim Chin Siong’s ties with the communist-oriented Anti-British League, the PAP leadership began to be openly challenged by the pro-communist members of the PAP and were now prepared to assume leadership.  Tunku’s grouse with PAP is not that it is a pro-communist party, but that it is not anti-communist.

For the British, they did not mind if Singapore was governed by a pro-communist government as long as they are allowed to keep their base for use by the South-East Asia Treaty Organisation (SEATO).  To the communist, it was a good rallying point for the British to continue keeping Singapore as a colony and a base in order to attract more anti-colonial supporters to Singapore and the Borneo territories, and intensive anti-merger campaign was undertaken by the communists in Singapore.  Lee Kwan Yew believed that the British authority in Singapore had encourage the communists in the PAP to revolt against the non-communist leadership in PAP.  Kuan Yew coud not take action by imprisoning the communists for fear that he would be branded a British stooge and that would exacerbate the revolt by the communist against the PAP leadership. Merger with the Federation of Malaya was now central in his struggle against the communists.

The mood for Malaysia in Jesselton (now Kota Kinabalu) however was very good. When Ghazali Shafie arrived there, Sir William Almond Condrington Goode, the British Governor for North Borneo who was leaving for Sandakan told Ghazali to use his car to get around Jesselton for the Commonwealth Committee meeting.  As he got into Goode’s car, Ghazali noticed that the driver had not removed the state pennant from the car and asked the driver to do so, so he (Ghazali) could travel correctly in the car.  The driver turned around and replied that because of “Malaysia” he would drive Ghazali with the state pennant flying, and drove off with policemen saluting.

The Committee agreed that its aims and objectives should be to collect and collate views and opinions concerning the creation of Malaysia; to disseminate information on the question of Malaysia; to initiate and encourage discussions on Malaysia; and to foster activities that would promote and expedite the realisation of Malaysia. While Donald Stephens chaired the meeting, North Borneo was represented by Datu Mustapha, Singapore by S Rajaratnam, and Sarawak by Yeo Cheng Hoe.  All of them agreed with the grand plan.

William Goode was not happy with Donald Stephens’s statement on Malaysia, in particular the latter’s target date of 1963 for the formation.  Lord Selkirk had prior to this expressed that the people in British Borneo were not ready to govern themselves as they were still headhunters twenty years earlier.  Therefore, Selkirk opined that it would be better for the people of British Borneo to come under a Federation of North Borneo, Brunei and Sarawak for five to ten years before they could decide whether or not to merge with Malaya to form the Federation of Malaysia. Sir Alexander Waddle, H.C White and Sir William Goode, the Governors of Sarawak, Brunei and North Borneo respectively made mention on how the idea of Malaysia is being received warmly by the people of the respective states; however they were worried that the Singapore Chinese especially, would swamp them.

On the 26th and 27th August 1961, Ghazali Shafie met with Kadazan leaders as well as leaders from the United Kadazan National Organisation (UKNO) to explain to them the Malaysia Concept, and after hearing about the special position accorded to the Malays in the Federation of Malaya Constitution, they all agreed that Malaysia would be the best solution to protect especially the interests of the Kadazans.

Later at night on the 27th August 1961, the British District Officer had invited Ghazali for drinks with British, European as well as Chinese leaders.  Ghazali had suspected that it was more of an exercise to intimidate him.  True enough some asked what was the advantage that the Federation of Malaya would get from Malaysia to which Ghazali replied saying that the question of advantage to Malaya would not arise as Malaya would simply cease to exist with the formation of Malaysia.  Another pointed his finger at Ghazali and poked him in the chest asking why is Malaya in a hurry to form Malaysia since the people of British Borneo were not yet ready and to let the states of Borneo form their own Federation first?  Ghazali pointed his finger back at the person and reminded him that the Tunku had merely made a mention about the Malaysia Concept once in Singapore and one or two more statements after that, and if the person felt that he was being pressured it was not because Malaya had pressured him but that he had been caught in a new political whirlpool within the Borneo territories and he had little knowledge of and was not keen on adjusting himself to the new order.

Back in Kuala Lumpur, Lee Kuan Yew was in absolute hurry for Singapore to be merged with Malaysia.  The threat of the communist was real.  In a discussion, he agreed with the Tunku that the rights of the Malays in Singapore would take precedence as the Malays in Malaya and Singapore, together with the “sons of the soil” in North Borneo and Sarawak, would form the single largest entity in the new Federation. The Tunku lamented to Kuan Yew that Malaya was very short of effective Chinese leaders. Tan Siew Sin of the MCA was a very sincere and clever man but could not speak any Chinese dialect to be really influential among the Chinese masses. It was no secret then that the Tunku would prefer to have Kuan Yew to assist him in managing the politics among the Chinese in the new Malaysia.

Back in North Borneo, trouble was brewing. The British Government had sent Donald Stephens to the UK to attend the Commonwealth Parliamentary Association meeting, while colonial officials in North Borneo worked on to split the Kadazan by saying that Donald Stephens was not a real Kadazan.  As a result, UKNO was split into three factions: one following Donald Stephens, another following Abdul Ghani Gilong, while the other following Orang Kaya-Kaya GS Sundang. Datu Mustapha himself was offered two million Ringgit by a wealthy Chinese to form a political party that would espouse the Malaysia Concept but at its own pace, prefering to hang on to the colonial administration. On hearing this, Ghazali advised Mustapha to form a firm relationship with Donald Stephens in order to bring together the natives of North Borneo. Once a strong base was established, the Chinese would have no choice but to capitulate.

It was not an easy task.  Donald Stephens was from the Kadazandusun community.  The Kadazans and Dusuns were naturally biased towards the colonial officials and the white rulers who served the North Borneo Company before them.  These white rulers’ laws protected them from pirates and coastal marauders who plundered their homes and treated them with no respect – the Suluks.  Since Mustapha was a Suluk, the Kadazans and Dusuns treated him with fear and distrust though not without awe and respect.  That was how the British applied the divide et impera policy to keep them apart.

On the 27th September 1961, the British High Commissioner to Malaya, Sir Geofroy William Tory, called upon Ghazali Shafie to inform the latter that the Governors of North Borneo and Sarawak reported that the people of North Borneo were thinking along the thoughts of the Governors – that is to form a North Borneo Federation instead. When pressed for further explanation, Tory admitted that the Governors were talking in terms of what the Chinese businessmen said.

On the 9th October 1961, Donald Stephens, Mustapha and with about thirty people in the North Borneo delegation arrived in Kuala Lumpur at the invitation of the Tunku who spoke to them both about the need to forget past quarrels and work together for the people of North Borneo. The Tunku also spoke to them about the Chinese community in North Borneo who very much supported the colonial administration there but told them to not be hostile towards the Chinese.

After dinner that night, Mustapha spoke to the attendees about how he and Donald Stephens had decided to form a political movement that would devote itself towards the independence of North Borneo through the Malaysia Concept.  He also confessed to have regarded Donald Stephens as a rival for the leadership of the natives, but must now be brothers for the sake of North Borneo and encouraged the other community leaders in the delegation to do the same to one another.

Donald Stephens was more emotional. Tears were rolling down his cheeks when he admitted he had not trusted Mustapha before and asked for the latter’s forgiveness.  There was a thunderous applause and both Mustapha and Donald Stephens embraced each other and announced to those present that they were now blood brothers and pledged to work together for the well-being of the people through the Malaysia Concept.

A North Borneo Chinese by the name of Chan also spoke in support of the Malaysia Concept and thought the Chinese should also form a political party.  He, Donald Stephens and Mustapha then held hands together with everyone else and shouted Merdeka Malaysia ten times in keeping with the feng shui of the double ten – it was already the 10th October 1961, and this happened inside the Federal Hotel on Jalan Bukit Bintang.

After much deliberation at the second Malaysian Solidarity Consultative Committee meeting in Kuching, as well as some political maneuvering to get the support of Kalong Ningkan and his Sarawak National Party (SNAP) as well as to neutralise the opposition to the PAP within UMNO led by Aziz Ishak, it was decided that an Enquiry Commission, as envisaged by the Tunku and Harold MacMillan, to be appointed to gauge the desirability of the Malaysia Concept among the people of North Borneo and Sarawak.


In Part Three, we shall look into the Cobbold Commission’s work and findings, and reaction by our neighbours.

The SUPP Strikes Back


PRESS STATEMENT FROM SUPP
FOR IMMEDIATE RELEASE
9 May 2016
I am sad to read that there is a sizable number of people on social media who cannot accept the recently concluded Sarawak elections result have resorted to insulting and mocking Sarawakians.
Many of these insults including “jungle people”, “living on tree tops with no internet access”, “poor people easily bought with money: “idiots” and “stupid” have crossed the line.
It is also regrettable that many of these insults are of a race and religion nature.
The elections are over and Sarawakians have made our choice. This is democracy at work. Please respect democracy and accept the result of our own choosing.
Sarawakians did not insult anyone when the opposition won Selangor and Penang. No one should insult us either.
We reject politics of hate and insults.
Please stop.
If you respect us, we will respect you back.
(美里9日訊)“請西馬的朋友即刻停止通过社交网絡媒体,对砂拉越人作出污衊謾罵言论,因為这些言论已经超越砂人民的底线。”

砂人聯党中央宣教秘书俞小珊今日發表文告指出,針对第十一届砂拉越州选已经尘埃落定,但是,一些无法接受选举成绩的人民,不断通过社交网絡媒体發表許多污蔑砂拉越人民的言论如:“砂拉越人是深山野人”,“住在树上沒有通訊网絡”,“容易被錢收買的穷人”,以及使用蠢材和愚蠢等,苛刻

污蔑字眼,令人感到非常遺憾!
“这些羞辱砂人的言论將促使宗教种族和諧局面造成很大伤害。”

俞小珊指出,砂拉越州选举是由砂拉越子民每人手中一票决定,这也符合民主机制选举。請尊重民主制度,接受砂拉越子民的决定和选择。

當雪兰莪和槟城州政权,由反对党陣线胜出掌权,砂拉越人民不會也从不發表污衊言论。沒有任何一方可以对民主投票选出的州政府作出羞辱和污衊

的言论。
文告也指出,“你敬我一尺,我敬你一丈,这也是我們砂拉越人民一直都秉持的态度。如果你們尊重我們,我們也同样尊重你們。”
俞小珊一再促請各造停止在社交媒体継续發表不实和污衊的言论。我们砂拉人拒绝污衊,制造仇恨和谩骂的政治文化。
Adam Yii. (俞小珊)

SUPP Central Publicity and Information Secretary. (砂人聯党中央宣教秘书)
https://www.facebook.com/suppsarawak/photos/a.1031019546927534.1073741829.161430010553163/1270168083012678/?type=3