Understanding the Understanding the RUKUNEGARA & the Social RUKUNEGARA & the Social

Contract Contract By Philip TN Koh By Philip TN Koh

Email: philip.koh@mkp.com.myEmail: philip.koh@mkp.com.myMah-Kamariyah & Philip KohMah-Kamariyah & Philip Koh

Asli National Unity Forum Asli National Unity Forum 24 -25 November 2005 24 -25 November 2005

The Past: Guilt & Debts The Past: Guilt & Debts

One would gladly struggle free of the past: One would gladly struggle free of the past:

and rightly so, because it is indeed impossible to and rightly so, because it is indeed impossible to live beneath its shadow, because there can live beneath its shadow, because there can never be an end to terror of guilt and violence never be an end to terror of guilt and violence must continue to be paid with further guilt and must continue to be paid with further guilt and violence, but wrongly so, because the past from violence, but wrongly so, because the past from which one would escape very much lives on. which one would escape very much lives on. Theodor W. Adorno Theodor W. Adorno

Historical Context of Rukunegara Historical Context of Rukunegara

The Trauma of May 13The Trauma of May 13thth 1969 birthed a number of Policy 1969 birthed a number of Policy initiatives of which RN was one of its chief platform. The initiatives of which RN was one of its chief platform. The other the NEP.other the NEP.RUKUNEGARA was proclaimed on 31RUKUNEGARA was proclaimed on 31stst AUGUST 1970 AUGUST 1970 by DYMM YANG DI PERTUAN AGONG by DYMM YANG DI PERTUAN AGONG Introduction to RUKUN acknowledges multiracial nature Introduction to RUKUN acknowledges multiracial nature of society with diverse social, cultural and economic of society with diverse social, cultural and economic values with complications with identification of economic values with complications with identification of economic groups with race groups with race Task of national consolidation to secure a basic Task of national consolidation to secure a basic consensus on communal issues by the articulation of consensus on communal issues by the articulation of parameters for discourse & debates: the contestations of parameters for discourse & debates: the contestations of politics of recognition be within bonds of civility politics of recognition be within bonds of civility

Preamble to RUKUNEGARA(1)Preamble to RUKUNEGARA(1)

Every one is tasked with duty of national consolidationEvery one is tasked with duty of national consolidationPolicies must be sound, dynamic, coherent and co-Policies must be sound, dynamic, coherent and co-ordinatedordinatedActivities in political, economic, educational, social and Activities in political, economic, educational, social and cultural fields geared towards objective of national unity cultural fields geared towards objective of national unity Past memories, triumphs and tribulations guided by Past memories, triumphs and tribulations guided by evolved principles in course of common history signifying evolved principles in course of common history signifying a synthesis of thoughts and feelings enshrined in our a synthesis of thoughts and feelings enshrined in our Constitution.Constitution.Principles will serve as nexus which will bind us together Principles will serve as nexus which will bind us together constitute our constitute our RUKUNEGARARUKUNEGARA

Preamble to Rukun(2) Preamble to Rukun(2)

Ensuring a liberal approach to (Msia ‘s) rich and Ensuring a liberal approach to (Msia ‘s) rich and diverse cultural tradition (multicultural and diverse cultural tradition (multicultural and pluralistic affirmation not on mono –cultural or pluralistic affirmation not on mono –cultural or bicultural i.e. one hegemonic discourse defining bicultural i.e. one hegemonic discourse defining vs. “the Other(s)”vs. “the Other(s)”Building a progressive society oriented on Building a progressive society oriented on science & technology science & technology Theme: These are the Ends (the Theme: These are the Ends (the teleosteleos of our of our nation state). These are the conventions which nation state). These are the conventions which should become “habits of our hearts & minds” should become “habits of our hearts & minds” and practices of our institutions and curricula and practices of our institutions and curricula

DECLARATION to RUKUNEGRA DECLARATION to RUKUNEGRA

OUR NATION:OUR NATION: (the nation state forms the basis of the (the nation state forms the basis of the “imagined community” (Benedict Andersen) aspiring to “imagined community” (Benedict Andersen) aspiring to transcend the “primordial sentiments” (C Geertz) of tribe, transcend the “primordial sentiments” (C Geertz) of tribe, ethnic, blood ties and religion ethnic, blood ties and religion being dedicated being dedicated Greater unity of all her peoples (implication that our Greater unity of all her peoples (implication that our social fabric is precarious and has suffered splits & social fabric is precarious and has suffered splits & tears) tears) Maintaining a democratic way of life (democracy and Maintaining a democratic way of life (democracy and not not an ideological statean ideological stateEnsuring a liberal approach to her rich &diverse cultural Ensuring a liberal approach to her rich &diverse cultural traditions traditions Building a progressive society oriented to modern Building a progressive society oriented to modern science & technology science & technology

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We, her people: the concept of We, her people: the concept of peoplehoodpeoplehood and that and that actions will be principled based upon:actions will be principled based upon:Belief in GodBelief in God (the mystery of transcendence) (the mystery of transcendence)Loyalty to King & CountryLoyalty to King & Country (citizenry subordination to (citizenry subordination to wider sovereignties) wider sovereignties) Upholding the ConstitutionUpholding the Constitution (the significance of guided (the significance of guided by the Constitution as by the Constitution as Grundnorm Grundnorm (normative foundation) (normative foundation) Rule of LawRule of Law: not of men construing law to support : not of men construing law to support power but the law’s integrity power but the law’s integrity Good Behaviour and MoralityGood Behaviour and Morality: eschewing racial : eschewing racial chauvinism to civic respect and recognition chauvinism to civic respect and recognition

Commentary to RUKUN: FIVE Commentary to RUKUN: FIVE BELIEFS BELIEFS

((I) I) A UNITED NATIONA UNITED NATION: all regard themselves as MALAYSIANS : all regard themselves as MALAYSIANS irrespective of race and creed. A polity in which its constituent parts irrespective of race and creed. A polity in which its constituent parts are joined in a federal form is practised consistent with state rights are joined in a federal form is practised consistent with state rights

(2) (2) A DEMOCRATIC SOCIETYA DEMOCRATIC SOCIETY: national interests prevail over : national interests prevail over sectional. Fundamental liberties and freedom of political activity and sectional. Fundamental liberties and freedom of political activity and rights shall not be abused to promote racialism or to destroy rights shall not be abused to promote racialism or to destroy democracy itselfdemocracy itself

(3) (3) A JUST SOCIETYA JUST SOCIETY: equality for all assistance to weak and : equality for all assistance to weak and disadvantage disadvantage

(4) (4) A LIBERAL SOCIETYA LIBERAL SOCIETY: members are free to practise and profess : members are free to practise and profess their own religions and customs. Diversity affirmed as an asset and their own religions and customs. Diversity affirmed as an asset and strength. strength.

(5) (5) A PROGRESSIVE SOCIETYA PROGRESSIVE SOCIETY: Embracing Scientific & Technological : Embracing Scientific & Technological advances whilst keeping in sight spiritual values advances whilst keeping in sight spiritual values

Exposition Exposition

God: Islam is the official religion. Other religions may be God: Islam is the official religion. Other religions may be practised… no discrimination against any citizen (Art.3 of practised… no discrimination against any citizen (Art.3 of Federal ConstitutionFederal ConstitutionLoyalty: faithfulness and allegiance to the Ruler Loyalty: faithfulness and allegiance to the Ruler Constitution: respect, appreciate the letter, spirit and the Constitution: respect, appreciate the letter, spirit and the historical background of the constitutionhistorical background of the constitutionJustice is founded upon Rule of law Justice is founded upon Rule of law Inviolability of a citizen belonging to a particular community Inviolability of a citizen belonging to a particular community and cessation of arrogance or offensive behaviour and cessation of arrogance or offensive behaviour Objective: The RK is an assertion about the social contract Objective: The RK is an assertion about the social contract which is fundamental for inter ethnic bargaining and which is fundamental for inter ethnic bargaining and relationship relationship

QUO VADISQUO VADIS (WHITHER ?) the (WHITHER ?) the RUKUN? RUKUN?

Quo VadisQuo Vadis Rukun Negara?: a mere slogan that Rukun Negara?: a mere slogan that has fallen into desuetude (OED “passing into has fallen into desuetude (OED “passing into state of disuse”)state of disuse”)Is it still emblazon into the interstices of Is it still emblazon into the interstices of educational programs and national policies?educational programs and national policies?Is there institutional recognition at all levels of Is there institutional recognition at all levels of governancegovernanceIs it still a vital part of social construction of our Is it still a vital part of social construction of our realties (Peter Berger)? realties (Peter Berger)? Has it not been replaced by fresh programs Has it not been replaced by fresh programs depending the political leadership?depending the political leadership?

Social Contract Social Contract

Definition: Basic idea is that “ Definition: Basic idea is that “ What makes some What makes some particular system of collectively enforced social particular system of collectively enforced social arrangements legitimate is that the object of the arrangements legitimate is that the object of the agreement for the people who are subject to it,”agreement for the people who are subject to it,” (Stanford Encyclopedia of Philosophy) (Stanford Encyclopedia of Philosophy) A full approach should take account not only of historical A full approach should take account not only of historical origins and contexts of current arrangements but raise a origins and contexts of current arrangements but raise a critique in terms of framing questions and answers for critique in terms of framing questions and answers for ongoing discourse on legitimacy and rationale for ongoing discourse on legitimacy and rationale for political obligation.political obligation.Profound and practical questions may be raised from Profound and practical questions may be raised from political philosophy perspectives on binding force of political philosophy perspectives on binding force of historical arrangements, hypothetical bargaining, historical arrangements, hypothetical bargaining, compatibility of social contract theory with justice as compatibility of social contract theory with justice as fairness (Rawls) and liberty (Dworkin) fairness (Rawls) and liberty (Dworkin)

The 1957 The 1957 MerdekaMerdeka Constitution Constitution Bargain: Trajectories & Traumas Bargain: Trajectories & Traumas The Alliance Memorandum & Inter-communal bargain: see The Alliance Memorandum & Inter-communal bargain: see Joseph M Fernando, “ The Making of Malayan Constitution Joseph M Fernando, “ The Making of Malayan Constitution (2002) Chapter 3(2002) Chapter 3 See See BernamaBernama feature on 30 May 2005 where two aspects feature on 30 May 2005 where two aspects has been emphasized: Primacy of the Malay race and Islam has been emphasized: Primacy of the Malay race and Islam as trade of for citizenshipas trade of for citizenshipMany Historical antecedents: e.g Abdullah Ahmad speech at Many Historical antecedents: e.g Abdullah Ahmad speech at Institute of International Affairs, Singapore 30, 1986 on Malay Institute of International Affairs, Singapore 30, 1986 on Malay Dominance.Dominance.See also See also Just Farland, J Parkinson Rais Saniman Growth & Just Farland, J Parkinson Rais Saniman Growth & Ethnic inequality: Msia’s new economic policy (1990) Chapter Ethnic inequality: Msia’s new economic policy (1990) Chapter 22 Contemporary examples in Parliament recently: use of Contemporary examples in Parliament recently: use of derogatory term to describe the Indian community and derogatory term to describe the Indian community and outburst that if MPs questioning certain issues the questioner outburst that if MPs questioning certain issues the questioner has no place in this country has no place in this country

Constitutional Contestations & Constitutional Contestations & Conflicts Conflicts

A Window to the tensions beneath the easy rhetoric.A Window to the tensions beneath the easy rhetoric.Federal issues: Dismissal of Chief Ministers e.g. Federal issues: Dismissal of Chief Ministers e.g. NingkanNingkan case(1966); the failure of recognition of constitutional case(1966); the failure of recognition of constitutional conventions e.g Pairin cases (1986)conventions e.g Pairin cases (1986)Education: Education: MerdekaMerdeka University [1982] University [1982]Secularity and the Secularity and the SyariahSyariah: : Che OmarChe Omar [1988], [1988],HududHudud laws, Conversion &Apostasy(laws, Conversion &Apostasy(Murtad)Murtad) ( (JamaluddinJamaluddin to to Lina JoyLina Joy) Child Custody Head coverings ) Child Custody Head coverings Separation of Powers: Impeachment of Supreme Courts Separation of Powers: Impeachment of Supreme Courts Judges Judges

A Plea for the Middle A Plea for the Middle

The Liberal secular nationalist finds her voice being muted The Liberal secular nationalist finds her voice being muted and drowned and drowned The Institutions vital for the functioning of Liberal democracy The Institutions vital for the functioning of Liberal democracy needs to be revitalized and defended: a free press/ needs to be revitalized and defended: a free press/ independent judiciary / vibrant parliament independent judiciary / vibrant parliament The Broken Middle must be Mended The Broken Middle must be Mended A Plea for the Middle A Plea for the Middle The criteria of public reason must permeate all levels of The criteria of public reason must permeate all levels of discourse and actions in so far that “all fundamental questions discourse and actions in so far that “all fundamental questions of political justice and constitutional essentials are expressed of political justice and constitutional essentials are expressed in public reasoning by a family of reasonable conceptions that in public reasoning by a family of reasonable conceptions that satisfy criterion of reciprocity.” (Rawls) (1999) satisfy criterion of reciprocity.” (Rawls) (1999)

Principled PluralismPrincipled Pluralism

The Nature of this Pluralism The Nature of this Pluralism The mistake of the Critique of Secularity The mistake of the Critique of Secularity by religionists is that Pluralism is vacuous by religionists is that Pluralism is vacuous and atheistic and atheistic Not necessary so: reasonable and Not necessary so: reasonable and principled form of Pluralism can be principled form of Pluralism can be developed and a revitalisation of political developed and a revitalisation of political liberalism can be argued for that inculcate liberalism can be argued for that inculcate versions of public good and virtues versions of public good and virtues

Threats & realism Threats & realism

Gravest threats is for actors to embrace extant Gravest threats is for actors to embrace extant democratic polity only as democratic polity only as modus vivendi modus vivendi (i.e. (i.e. upon gaining power it would impose its upon gaining power it would impose its hegemonic faith upon all) hegemonic faith upon all) In contestations and counter currents: apostasy In contestations and counter currents: apostasy laws, burial disputes, headscarves and places of laws, burial disputes, headscarves and places of worship and freedom to realize religious worship and freedom to realize religious practices the threat that constitutionalism is practices the threat that constitutionalism is negated is ever present there is a gradualist negated is ever present there is a gradualist undermining of the social contractundermining of the social contract

DELIBERATIVE VIRTUESDELIBERATIVE VIRTUES

“… “… Respectable moral disagreements…call for Respectable moral disagreements…call for deliberation, not denunciation. The willingness to deliberation, not denunciation. The willingness to deliberate about our respectable differences is also deliberate about our respectable differences is also part of democratic ideal. Multicultural societies and part of democratic ideal. Multicultural societies and communities that stand for freedom and equality of communities that stand for freedom and equality of all people rest upon mutual respect for reasonable all people rest upon mutual respect for reasonable intellectual, political and cultural differences… The intellectual, political and cultural differences… The moral promise of multiculturalism depends on the moral promise of multiculturalism depends on the exercise of … deliberative virtues.” (Amy Gutman, exercise of … deliberative virtues.” (Amy Gutman, Multiculturalism: Examining Politics of Recognition Multiculturalism: Examining Politics of Recognition (1994))(1994))

Justice as Fairness(1)Justice as Fairness(1)

First PrincipleFirst Principle

Each citizen has just claims to a fully Each citizen has just claims to a fully adequate scheme of equal liberties, which adequate scheme of equal liberties, which is compatible with same scheme of is compatible with same scheme of liberties for allliberties for all

Justice as Fairness (2)Justice as Fairness (2)

Social & economic inequalities must Social & economic inequalities must satisfy two conditions: (i) they are attached satisfy two conditions: (i) they are attached to offices and positions open to all under to offices and positions open to all under conditions of fair equality of opportunity;(ii) conditions of fair equality of opportunity;(ii) they are to be to the greatest benefit of the they are to be to the greatest benefit of the least advantaged members of society least advantaged members of society

Unity and justice Unity and justice

“ “ Justice is the first virtue of Social Justice is the first virtue of Social institutions as truth is of systems of institutions as truth is of systems of thought” (John Rawls, “A Theory of Justice thought” (John Rawls, “A Theory of Justice (1971).” (1971).”

A well order society is where “ there is “ A well order society is where “ there is “ equality of consideration for all its equality of consideration for all its members.” (Tawney, “Equality” (1964)).” members.” (Tawney, “Equality” (1964)).”

A Concluding Plea: RUKUNEGARA A Concluding Plea: RUKUNEGARA

Any policy in form of legislation, economic Any policy in form of legislation, economic administrative must be subjected to bar of public administrative must be subjected to bar of public reason and communicative rationality (Jurgen reason and communicative rationality (Jurgen Habermas). RUKUN meets this criteria. Habermas). RUKUN meets this criteria. Responsible Citizenry: No longer indigene vs Responsible Citizenry: No longer indigene vs immigrant but citizens acting in civility and in immigrant but citizens acting in civility and in common endeavor to establish a nation founded common endeavor to establish a nation founded on principles of equality and justice on principles of equality and justice