IFF Summer University 2008 – Paper for Week 2 1 FEDERALISM, CONSTITUTIONALISM AND DEMOCRATIC SOCIETY IN MULTICULTURAL SOCIETIES – A CASE STUDY OF MALAYSIA By Nurhafilah Musa INTRODUCTION Malaysia is a multi-racial, multi-religious and multi-cultural country. Many races have been living on its soil for the past 500 years. It was during the British colonization when a huge number of workers and immigrants, mostly from mainland China and the Indian subcontinent were brought into the country and located in various commercial areas and plantation estates respectively. At the same time, the Malays, who were natives, remained in the rural areas. 1 This social set-up led to polarization and segregation between the three main ethnic groups. On the Peninsula Malaysia, Malays are the majority, followed by the Chinese and Indians. On the northern part of Borneo, where Sarawak and Sabah are situated, the indigenous people such as Kadazan and Iban are the majority, whereas Malays, Chinese and Indians are the minorities. Racial identification is closely related to religion. Malays are Muslims, Chinese are mostly Buddhists, Taoist and Christians and majority of the Indians are Hindus and some are Christians. All these races are not identified according to the states, which are the parties to the Malaysian Federation. Malaysia has fourteen states 2 and none of the states can be said to represent any of the majority or minority ethnic group. These states agreed to constitute a federation in 1957 and extend it in 1963. The purpose of this paper is to identify the major challenges which Malaysian federalism is currently facing. This discussion will be limited to the Malaysian federalism framework in the distribution of legislative and executive power provided under the Federal Constitution. Secondly, this paper attempts to pinpoint possibilities or opportunities that federalism may offer Malaysia for constructing a more democratic society. The process of identifying such possibilities of opportunities will be taking into account the recent Malaysian General Election in March 2008. Lastly, the paper aims to discover the pre-constitutional conditions necessary to make Malaysian federalism effectively receptive to the specific demands of a multi-cultural society. By understanding what ethnicity and multiculturalism in the Malaysian context, one might be able to comprehend the prerequisite constitutional condition towards achieving a more democratic Malaysian society. 1 Zaid Ahmad, Multiculturalism and Religio-Ethnic Plurality – The Malaysian Experience, Culture and Religion, Vol. 8, No.2, July 2007, p. 139 2 Article 1(2) of the Federal Constitution of Malaysia states, The States of the Federation shall be Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Sabah, Sarawak, Selangor and Terengganu. Article 1(4) of the Federal Constitution of Malaysia provides, The territory of Selangor shall exclude the Federal Territory of Kuala Lumpur established under the Constitution (Amendment)(No.2) Act 1973 and the Federal Constitution of Putrajaya established under the Constitution Amendment Act 2001 and the territory of the State of Sabah shall exclude the Federal territory of Labuan established under the Constitution (Amendment) (No.2) Act 1984 and all such Federal Territories shall be territories of the Federation.