 First and foremost, I would like to thank the Bar Council for inviting me to say a few words and officially launch the MyConstitution campaign. It is an honour that I am able to stand before a distinguished and articulate audience and partake in what I consider, a historic event such as this. The first thing I would like to say is that we are indeed most fortunate to have a written constitution. Compared to some other countries – both developing and developed -- I can’t say it is the same for them. In the case of the former we witness great strife among its people as they struggle and try to grapple with the rudiments of good constitution, the basis for creating the right environment for prosperity and cooperation. In the case of the latter; that is the more advanced countries, we witness a strong adherence to interpretations of their constitutions to the point that that the constitution may no longer serve the person in the street directly and in their best interests. The citizens may no longer be the focus as the constitution leans towards the powerful and more affluent. In this respect constitutions can become decadent and indulgent, as the powers that be, lose sight of what they should uphold, protect and defend.
Objectively, you will agree that constitutions have the power of influencing and shaping one’s thinking and mind set. Most of all it is expected to protect the individual’s rights and freedom in more ways than one. It is also the genesis for a lasting relationship between citizen and country. The end result of course, is to have the citizen love his country. This inbuilt challenge has often confronted many a government, and when this happens there can often be a meltdown of interpretations and values. Constitutions are not exempt from getting corrupt, like any other area of public service delivery, people must live within the laws of the country. And when these laws go awry they often tell you to refer to the constitution or the spirit of the constitution as in the often-heard comment —“what does the constitution say on this issue or that subject…?”
It is my strong conviction that law reforms in this instance would be the order of the day. It cannot be denied that laws and institutions go hand in hand with the progress of the human mind and modern society. The law must be stable, but it must NOT stand still. Aristotle once said that, “even when laws have been written down, they ought not always to remain unaltered.”
We therefore ought to review and change the laws where we have the means to do so, especially those that are outdated, unjust and onerous. As citizens we cannot pick and choose the laws, we will or will not obey. It is written in Romans 13 that, “for rulers hold no terror for those who do right, but for those who do wrong.” We have to remind ourselves that we have the Internal Security Act and the Rukun Negara to model the good citizen and rakyat. The latter is of particular relevance to our well being as the Rukun Negara is a pillar of reference when it comes to observing and complying with the law. In spirit the Rukun Negara instils the value of respectful obedience of the laws of the country, the basic premise for building societal integrity, peace and harmony. Our constitutional architects knew what they were doing after all…
Ladies & Gentlemen,
The great benefit of a written Constitution is that it is much easier for all of us to discover it especially for the first time. Its existence is not for mere expediency. As long as you know how to read, you can pick up a copy of our Constitution, and read it for yourself. You do not need anyone to tell you what it says or spells out. A good constitution does not split hairs or dabble in semantics. It is either black or white. It is either this or that, no in-betweens or ambiguity.
Granted the Constitution may be difficult to read and understand in its entirety. It is difficult too for many lawyers or other professionals related to lawmaking. You may have to look up some words and concepts, as some parts of it may be tedious and laborious. However, in this document of 16 Parts and over 100 Articles, you will find the basic blueprint or foundation for Malaysia. This is what we call the chassis, the vertebrae of how this country is to be governed with clear observance of the attendant attributes of justice, loyalty and equality. When given this perspective, the Constitution forms the very foundation of our country, which will now interest many as they have vested interests. They also would like to know where they belong in the big picture of things. The Constitution then takes on a different hue for it becomes a very interesting document, and one that is extremely meaningful in our lives.
You will find in our Constitution basic concepts that we take for granted about our country, these are all written down to avoid misinterpretations. They are comprehensive and deliberately spelled out in black and white terms.
For example, you will be acquainted with the process of how Members of Parliament are chosen, when national elections must be held, the division of power between the states and federal government, freedom of religion, freedom of movement, the existence and power of the Judiciary, and the role of the Yang Di-Pertuan Agong and the Council of Rulers.
We will also find in our Constitution, several references being made to our own individual roles in this country. For example, I am a Member of Parliament, a law making institution established by the Constitution. As a Deputy Minister in the Prime Minister’s Department, I am a member of the Executive branch of Government, one of three primary branches under the Constitution. I am a Sabahan and I know that the place of Sabah and of Sabahans are set out and protected in the Constitution. Thus a portion of my life, my work and my role are closely guided by the Constitution. My work is cut out for me, as the saying goes.
As Malaysian citizens, ladies and gentlemen we owe it to ourselves to know our Constitution. In order for our country to be an outstanding one, we first have to serve the constitution by being familiar with it. We must know and understand what it is to be a Malaysian citizen. Like everyone else, I am first a Malaysian citizen under the Constitution, and then as Member of Parliament, and then as Deputy Minister in the Prime Minister’s Department. In concentric circles we move our understanding of our constitution outwards.
The role of citizen is the most important one to be established by the Constitution, because without the active knowledge and participation of citizens, our Constitution is an empty, meaningless and lifeless document. The ‘nobility’ of a good constitution is incumbent on its citizens and how they accept and practice law and order. The opposite of this is of course lawlessness and wanton behaviours. The country would be crippled with setbacks and unable to progress further than Page One.
For example, it is most unproductive to institute 3 branches of Government, namely, the Executive, Judiciary and Legislature, if the people do not understand the significance that each of these institutions present, and why it is necessary that each must be protected. There is also little point in calling ourselves a democratic nation if we do not hold free elections or if citizens do not appreciate and exercise their right to vote as guaranteed by the Constitution.
In another sphere, what is the point of saying there is freedom of religion in this country if we don’t and cannot recognise our neighbours’ basic right to practise their faith or religion of choice? We may think that this is not an offensive matter or subject, and that it can be simply glossed over. If such a situation is allowed to continue we will have to be prepared for a serious backlash, especially when today’s citizens are becoming increasingly educated and opinionated. They also want a voice, expressing the need to object to whatever that is NOT in their interest or fair to their race and culture.
This is primarily the reason why the government goes to great lengths to sustain and uphold the Rukun Negara. Our school children faithfully recite it; the public listens to its recitals at our national Merdeka parades and all other formal government functions and many use it to pledge their loyalty to “king and country.” However, do we know the words of the Rukun Negara ourselves? Do we know the order of the five rukuns? Do we know what each Rukun demands of each citizen?
In essence the Rukun Negara literally means national principles, overarching all other codes of national conduct, morality and ethical behaviour regardless of colours and creed. There are five basic national principles, and as good and loyal citizens we have to pledge to the all five Rukuns:
The first is the belief in God, the second is loyalty to king and country, and the third is the Supremacy of the Constitution.
How can we recite “Keluhuran Perlembagaan” as part of the Rukun Negara if we do not know, and our children do not know, what it is that we are acknowledging as being supreme?
With regret, the truth of the matter is that the majority of Malaysians have never picked up a copy of our Constitution, much less read it. Not even out of curiosity! Many people do not know what it says, or why it is important. Perhaps the word “constitution” is intimidating, conjuring the connotation of something lofty and far-reaching. Or perhaps it is a common perception that the constitution must be difficult to understand. Also, it is my view that citizens don’t see its relevance at all in their ordinary lives.
However, since the last general elections in 2008, we witness a great shift in perception, an ushering in of a new paradigm in the mindsets of Malaysians vis-à-vis the issues of the day. The citizen is awakened. The political upheaval and constitutional crisis have sparked general interest in the Constitution with newspapers carrying soul-searching headlines. The word “Rakyat” has moved centre stage and citizens from different age groups have begun to speak up for their rights and their promised place under the Malaysian sun. Suddenly the Malaysian constitution is on the lips of many, urging a revisit, a revision and more accurate interpretations of the Constitution or parts of it.
This changing tide speaks for our growing maturity as a nation and society that there is now interest in the Constitution, and that we can discuss it freely and openly. At this point however, a lot of what is being discussed is derivative or what we call third party views. The general public can only utter their views based on what they read from the media, without looking at the Constitution itself. That must change. The people must go to the pond and drink the water themselves. Then we can say that we have arrived – to the extent that we feel the fervour of protecting and defending the Malaysian constitution against all enemies, foreign and domestic.
Ladies & gentlemen,
Against this emerging interest in the Constitution, the Bar Council has indeed chosen an opportune time to hold the MyConstitution campaign and launch the 1st Rakyat Guide.” In fact I was approached some time ago by the Bar Council with this idea and shown an early version of the 1st Rakyat Guide: “What is the Federal Constitution?”
Needless to say I was immediately attracted to the idea and am assured that it will go down well with the public. We will be exploring ways in which the Federal Government is considering a tie in with this Campaign and the Bar Council. From what I have seen, it is a young and vibrant campaign that will go a long way towards dispelling the notion that the Constitution is only meant for lawmakers, government officials and lawyers.
The colourful logo is certainly a good start and I think it will draw many people to the campaign. In this vein may I congratulate the Bar Council on their initiative, which carries much creativity and far-sightedness, all in the interest of making the Malaysian citizen more aware of the Constitution.
I understand that another 8 Rakyat Guides on the Constitution will be published over the next 2 years. These will cover various themes. Coming from Sabah, this development has very special meaning for me and my fellow Sabahans. I am so glad to learn that the MyConstitution campaign will be devoting a booklet to Sabah and Sarawak, and I particularly look forward to reading the Guides.
Ladies & gentlemen,
I had begun my speech by talking about the virtue and benefit of a written Constitution. Further to this, the Rakyat Guides, the Rakyat Service Advertisements, and the other initiatives of this MyConstitution campaign will all provide a sound introduction to those looking for knowledge on and about our great constitution. Hopefully, they will inspire people to look deeper and understand their important role as Malaysians. I look forward to a time when all Malaysians will have read and understood our Constitution. That can only be a deserving act or deed for the future of our country, the country that we love, one that we would want to protect and defend like all loyal citizens.
Let us take charge of this foundation that has begun to take shape, and enable our Constitution to grow to greater heights. Nothing can stop us now as nation builders.
Thank you.
Datuk Liew Vui Keong
Deputy Minister in the Prime Minister’s Department
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Circular No 019/2012: Change of Address for Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan
