IMPORTANT PROVISIONS IN MALAYSIAN CONSTITUTION

Main Features of Constitution 1. Malaysian is a federation2. Malaysia is a constitutional monarchy 3. Malaysia is a country that practises

parliamentary democracy 4. Religious freedom with Islam as the

official religion of Malaysia 5. Supremacy of the constitution and the

rule of the law 6. Doctrine of the separation of power in

which the judiciary, the legislative and the government has its freedom to carry out different functions with no conflict of interest

7. Validity and transparency of the judiciary with exclusive powers subject to the provisions of the constitution

8. National language , citizenship and the special rights of the Malays and the native tribes of Sabah and Sarawak

Language • We need a national language for general

communication and official language to unite the people of different ethnic origin, each with their own spoken language.

• The Malay language was chosen as the national and official language because :

1. The language was the lingua franca in the region for centuries. It was widely used during the golden age of Malacca. The foreign traders used Malay language in their business transactions.

2. The Malay language is very easy to learn. The native speakers of Malay language far exceeded the speakers of other languages

3. The Malay was more solid in terms and pronunciation.

4. The Malay language uses the romanised letters besides Jawi.

5. The structure of Malay language has clear phonemes, that is, syllables that are easy to spell based on fixed and firm principles.

Religion • Islam is the official religion of the federation but other religions are allowed to be practised in peace and harmony in any part of the federation

• In states that have a ruler/sultan as head of state, the ruler/sultan is the head of Islam in his own state

• For states without a sultan (Sabah, Sarawak, Malacca and Penang) and the Federal Territories (Kuala Lumpur, Labuan and Putrajaya) the head of Islam is the Yang di-Pertuan Agong.

• Religion is very important because it is the most basic matter in our life.

• All religions teach god and condemn evil.

Citizenship • Citizenship is a special status held by

the people who have the rights to be in the country.

• The status gives rights, benefits and certain facilities.

• The special rights of a citizen are : 1. The right to vote in an election 2. The right to take an active part in

politics including contesting for election seat

3. The right to fill a post that is exclusively for citizens only

4. Free to own landed property and to be considered for special terms relating to property development

5. The right to receive a number of benefits and facilities in the country including welfare benefits and education

6. Freedom of movement throughout the country 7. The right not to be exiled • A citizen also should fulfill his

responsibilities: 1. Give national service including joining the

army if required to 2. Abide by the laws and help run the systems

in the country 3. Contribute to the productivity of the

country in whatever field participate and support national programmes and events such as Independence Day celebration

• There are 4 ways of acquiring citizenship in Malaysia:

1. Jus Soli • Based on the laws of the birth place. • Regardless of the status of the mother or

father, citizenship status is automatic for people born in Malaysia between Independence Day (31 August 1957) and October 1962.

2. Jus Sanguinis • Refers to the laws according to blood

descent. • It relies solely on the citizenship

status of the father

• If the father of the newly born is a citizen, he too becomes a citizen, regardless whether he is born outside the country

3. Marriage • Giving the right to a foreign woman who is

married to a Malaysian citizen to apply to become a citizen.

• The citizenship is given through registration.

• The following conditions must be fulfilled: a. If the husband is a citizen in October 1962

and the marriage is still bindingb. The foreign woman has lived in federation for

two years before the application is made, has the intention to continue living and is of good conduct

4. Naturalization • Provides the opportunity to

residents who are not in Malaysia to become Malaysian citizens

• They are required to fulfill the following conditions:

1. Aged 21 and above2. Have lived in federation for at

least 10 out of 12 years 3. Have he intention to live

permanently4. Have good conduct5. Have sufficient language of Malay

language

Loss of Citizenship Status • A citizen can lose his citizenship in

two ways.• First, he himself rejects the

citizenship for personal reasons. Second, he has violated the laws, and committed prohibited action, that can be one of the following:

1. He has become citizen of another country

2. He is enjoying all the rights and facilities in another country whereas those rights are only given to the citizens of those countries only

3. A woman becomes citizen of a foreign country through marriage with a man from that country

4. Acts negatively showing he is no longer loyal to Malaysia

5. Has business or ties with a hostile country

6. Gives services to another country without permission

7. Has been sentenced in a state within a period of 5 years after becoming citizen, with jail sentence of not less that 12 months or fined not less than RM5000

8. Lives continuously for 5 years in a foreign country unless he is on service with or on behalf of Malaysian government

9. A foreign woman who acquired citizenship status through marriage, is divorced from the husband, except in case of divorce where the husband has passed away

Fundamental Liberties • In the constitution, the

fundamental rights are written as fundamental liberties.

• There are 3 parts of fundamental liberties: freedom of worship, personal freedom and economic freedom

1. Freedom of worship • Every person has the right to

practise a religion• A person under 18 years old cannot

be asked to take part in religious ceremony other than his own

2. Personal freedom • A person cannot have his life taken away or his freedom destroyed except as required by the law

• A person who is arrested must be told of the reasons for his arrest

• Then, he should be given chance to defend himself

• A person also cannot be exiled from the federation

• He is allowed to speak and voice his opinion or to gather peacefully and form associations.

• However, the law can restrict the freedom mentioned above to safeguard the public interest. Eg. Internal Security Act (ISA)

3. Economic freedom • Citizens are protected from being

turned into slaves• The use of force on the citizen to

work is prohibited except for the intent of the country

• Citizens have the right to won property• Proper compensation is made to the

owner if the government needs to take over the property

MALAYSIAN PLANS AND POLICIES

Malaysian Plan 1. First Malayan Plan (1956-60)• Develop rural area to improve the

standard of living, reduce illiteracy, enhance the standard of health, eradicate poverty, extension of agricultural areas

• Establishment of RIDA, FELDA, Ministry of Rural Development

2. Second Malayan Plan (1961-65)• Improve system of services –

health, education, water and electricity supply, improve agricultural development

• Diversify the people's sources of income, reduce unemployment

• Establishment of FAMA3. First Malaysian Plan (1966-70) • Increase effort to eradicate

economic imbalance between sectors especially after 13 May, extend socio-economic development plans to include Sabah and Sarawak

• Establishment of FIDA (industrial development), MARDI, Agricultural Bank

4. Second – Fifth Malaysian Plan (1971-90)

• New Economic Plan – main focus to create unity among all Malaysians.

• Can be achieved through economic development

• The main aims are eradication of poverty and restructuring Malaysian society so that community identification does not exist

5. Sixth – Seventh Malaysian Plan (1991-2000)

• Give new life to the expired NEP• Prepare an industrial society and

develop the socio-economic and harmonious life of the people

6. Eighth Malaysian Plan (2001-05)• Develop a strong economy • Strengthen socio-economic sector• Extend usage of ICT• Upgrade the quality of life

5. Ninth Malaysian Plan (2006 – 10)• Establishment Iskandar Region Development Authority (IRDA), building and upgrading rural roads, biotechnology (physical and soft infrastructures), second bridge and monorail for Penang, disease prevention

• Setting up National Institute of Cancer, National Forensic Institute and National Institute for Oral Health, modernising agriculture farming

NATIONAL POLICIES

Vision 2020• Introduced by former Prime

Minister, Tun Dr. Mahathir Mohamad in 1991 in his paper work, Malaysia Looking Forward.

• In the paperwork, Tun Dr Mahathir mentioned about the main objective of this vision, that is to be a developed country.

• He listed down all nine challenges in order to be a developed country.

• The nine challenges are: 1. Create nation that is united and

with common objective

2. Create a society that is free, peaceful and advanced, confident of its own capabilities, successfully proud and strong in facing problems

3. Create a democratic society that is matured and practises a shared philosophy

4. Create a moral and ethical society with strong religious and spiritual values

5. Create a society that is tolerant and liberal and free to practise its own customs, culture and religions

6. Create a scientific and progressive society that is forward-looking and far-sighted and is able to contribute to improving civilization based on science and technology

7. Create a caring society and practise a caring culture

8. Create a society that is fair in distribution of national wealth regardless of race

9. Create a prosperous society with a competitive economy

New Economic Policy • Cover a period of 20 years (1971-

1990) and involves four five-year Malaysian plans (MP2-MP5)

• Two main objectives : to reduce and eradicate poverty and restructure the society and eliminate community identification through economic sectors

• There are some strategies to achieve the objectives:

1. Modernize the living conditions of lower income group and increase the provision of basic facilities and those related to education

2. Expand employment opportunities for all Malaysians

3. Encourage participation in sectors with high potential and high productive capacity such as business, industries and services

4. Improve productivity of the poor and increase their income

5. Raise people’s ownership in private sector

6. Build a business society among bumiputras

7. Develop areas that remained backward but high in potential

8. Enhance education opportunities within and outside the country

National Incorporation Policy • The objectives of this policy is to

create close cooperation between the public and private sector

• The concept of incorporation is defined as a company that is a joint venture between the private and public sector

• Incorporation symbolizes the readiness of the government sector to distribute business opportunities, join or cooperate with the private or public sector to organize effective services to the people.

National Privatisation Policy • The objectives of this policy: 1. To reduce the financial and

administrative burden of the government

2. To improve efficiency, productivity and competitiveness

3. To speed up economic growth particularly through commercial programmes

4. To reduce the size and involvement of the public sector in the economy

5. To widen corporate sector prospects

• Programmes : 1. Communication (such as

telecommunication and television), port, road construction, air and shipping – TV3, Port Klang Container Terminal, MAS, Malaysia International Shipping Corporation (MISC)

2. Services like postal, electricity, hospital and others – POS Malaysia, TNB, Telekom Malaysia (TM).

3. Concessions especially public facilities like water supply and roads – Syabas

National Agricultural Policy • The objectives of this policy: 1. To raise production output

through optimum use of resources 2. To increase people’s income

especially in rural areas 3. To increase and provide

sufficient food resources for the people

4. To develop agricultural land by using high, effective technology

• Programmes : 1. The opening and development of new

land such as FELDA and FELCRA 2. Improve the use of public

facilities like roads, transportation, the use of machines and modern fertilisation system

3. Various activities and agricultural support services that include Research and Development (R&D), training, marketing and incentives to develop agriculture among estate owners and farmers

National Education Policy • This policy was drawn up based

on these two reports: Tun Razak Report and Rahman TAlib Report

• The objectives of this policy : 1. Set up a system of education

that can fulfill the nation’s need and encourage cultural, social, economic and political development

2. Integrate the multiracial schoolchildren and prepare a work force for the needs of the economy

3. Achieve the objective of National Education Philosophy to produce human beings with knowledge and character, balanced and harmonious for peace and prosperity

• Programmes : 1. Improve the quality of education 2. Increase educational opportunities

for all levels and ages3. Extend educational opportunities

through private institutions 4. New Curriculum for Primary Schools

(KBSR)

5. New Curriculum for Secondary Schools (KBSM)

6. Restructure vocational and technical education

• Strategies :1. The national language as the main medium

of instruction 2. Have the same Malaysia oriented

curriculum for all types of students 3. Have the same examination system for all 4. Create the opportunity of nine years of

basic education 5. Make it compulsory for the Malay and

English language to be taught in schools

National Development Policy • The objectives of this policy: 1. To strengthen social, economic

and political stability 2. To achieve the status of

advanced nation in terms of social justice, moral and ethical values, quality of life, efficiency in administration and economic excellence

• Programmes : 1. Development of state economy

and between urban and rural areas

2. FELDA training to rural youths 3. Create competitive activities

in the international market 4. Privatisation to improve

bumiputra participation

National Industrialisation Policy

• The objectives: 1. To intensify industrial growth

through manufacturing 2. To optimize the use of the

country’s natural resources 3. To upgrade local research and

development of local technology

• Strategies: 1. Increase the level of research

and development (R&D)2. Exportation of manufactured

goods in large quantities to be more competitive

3. Develop selected heavy industries

4. Increase employment opportunities

5. Increase opportunities for technical training and skills

National Cultural Policy • The objectives: 1. To strengthen unity of race

and country 2. To nurture and protect a

strong Malaysian identity 3. Improve the quality of life

that is balanced physically, spiritually and in term of socio-economic development

• Programmes : 1. Development of arts and

culture 2. Continuous art presentations

by the National Cultural Complex

3. Cultural programmes through mass media especially RTM at festive seasons

Policy on Regional and World Affairs ASEAN

Objectives : to speed up economic growth, social and cultural progress and nurture and protect regional peace and stability founded on justice

Programmes : 1. Political cooperation on boundaries 2. Elimination of smuggling activities

and communist threat 3. ZOPFAN (Zone of Peace, Freedom and

Neutrality)4. Asia-Pacific Economic Cooperation

(APEC)

5. ASEAN Economic Ministers’ Conference (EAEC)

Strategies : 1. South East Asia as a zone of

peace, neutrality and freedom from foreign interference and on good terms with the Western and Communist blocs

2. Freedom from nuclear arms or South East Asia Nuclear Free Zone (SAENFZ)

3. Regional cooperation

Commonwealth Organisation An organization of former,

independent British colonies Objectives : to provide facilities

and benefit to member countries and to have diplomatic relations between member and non-member countries

Programmes : 1. Cooperation in trade, research and

economic and social aid 2. Commonwealth Fund 3. Conferences among ministers of

different portfolios, members of parliament

4. Commonwealth Games

Organisation of Islamic Countries (OIC) • The membership consists of Islamic countries all over the world• Objectives :

– to forge closer unity and cooperation among member countries economically, socially, culturally and in the field of science

– solve problems of dispute involving Islamic nations

– Eliminate any oppression and colonialism to bring about universal peace

• Programmes : 1. Islamic Unity Fund 2. Studies of the History of

Islamic Civilization and the Arabic language

3. International Islamic University of Malaysia

4. Islamic University of Nigeria 5. International seminar or

symposium

United Nations Organisation Objectives: create a common peace

and improve the quality of life of member countries

Programmes : 1. General Assembly Security to

determine and decide on security issues through the power to veto

2. United Nations Economic and Social Council to improve the quality of life

3. Emergency aid to war victims particularly children

4. International Red Cross Organisation