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Liberty Politics & government Society

[1845] Of status quo for the monarchy

Various anecdotes insist that the act of placing a baht note in your pants back pocket is a terrible faux pas to commit in Thailand. It is because all bills have a portrait of Thai King Bhumibol Adulyadej and placing one in that particular pocket is a sign of disrespect. More so if a person actually sits on it. As it goes, anybody caught doing so by the Thais would be admonished, or sometimes worse.

Though the veracity of the anecdotes is unconfirmed, the message is clear: the Thai monarchy commands tremendous respect from the people of Thailand. This enables the King to exert some influence in Thai politics especially in times of turmoil. Perhaps envious of their counterpart up north, several Malaysian royal houses are looking to play greater roles and claim greater power within Malaysian society. Whether that is a good idea is debatable.

This idea first came to mainstream consciousness in recent times when the Thai monarchy apparently brought the country’s political deadlock to an end. This proved to be temporary but at that particular time, it inspired Malaysians to turn to the monarchy in search of ways to challenge the Barisan Nasional-led government.

In a time when the Barisan Nasional government exercised stifling control over almost all tools of the state to silence disagreements towards its policies, it did not take much of a nudge for many Malaysians to imitate their neighbor up north. Bersih, in particular, held a huge rally to raise concerns to the Yang di-Pertuan Agong, in protest of the executive arm of the state.

The support for the monarchy was further strengthened when the royal houses of Terengganu and Perak were deeply involved in the appointment of the Menteri Besar of the respective states. The Sultan of Terengganu rejected the BN-preferred candidate for the MB post, preferring a person more palatable to the taste of the royal house. In Perak, the Sultan played an active role in the appointment to the state’s highest executive office and in doing so effectively resolved the uncertainty that followed immediately after the March 8 general election.

Both episodes demonstrated the capability and the usefulness of the institution. The monarchy proved that it could provide leadership when the situation requires so.

Nevertheless, this does not necessarily mean the monarchy deserves an expansion in role or in power. Rather, it is just the case that the status quo works.

While the status quo works, the role of the monarch over society may have been overstated. Just as Thailand inspired Malaysians to turn to the monarchy, the case for overstatement also inspired the events in Thailand as turmoil riddles the country.

This was seen during the September 2007 coup d’état by the Royal Thai Army. Almost immediately after tanks secured Bangkok, the military rushed to the palace to obtain endorsement from the King. The endorsement however came after the military coup happened, not before. Regardless whether the King was in favor of the military coup mounted against an elected government, the King could have acted merely as a rubber stamp. In a practical sense, it was the military that gained control of Thailand, not the King.

It is true however all the successful coups had the endorsement of the Thai King while the ones that failed — namely in 1981 and 1985 — did not get royal endorsement.

Yet, the military’s action was more or less aligned with the People’s Alliance for Democracy, the group opposed to former Thai Premier Thaksin Shinawatra and the two successive Thai Prime Ministers allegedly tied to him.

PAD positions itself as royalists and assumes yellow — the royal color — as its own. It has frequently accused its rivals of being disloyal to the King. With an association like that, it is hard not to disagree with the PAD without being accused as disloyal, especially in a country which makes criminal any criticism against the royal house.

The frequent accusations of disloyalty however have brought suspicion that the PAD is manipulating its relationship with the royal class to forward its own agenda with gross disrespect for the democratic process.

In any case, Bersih was a show of organic power and hardly had anything to do with royalty. As much as many would want to believe, there is not enough proof to show how receptive the Malaysian King was to the movement. Bersih, like PAD, only associated itself with the monarchy as a strategy to pit the executive and the institution to forward its own agenda.

The democratic process itself is not sacred since from time to time, tyranny of the majority does occur. Democracy does suffer from failure, especially when all its checks and balances have been exhausted.

Early liberals held a deep suspicion for democracy because of the fear of tyranny of the majority. Voltaire, for instance, advocated enlightened absolutism where idiocy of the masses is kept in check while preserving liberty and everything relating to the Enlightenment.

This is the same thinking PAD is applying in rationalising its action. It argued that the majority of Thais — the rural voters — are not educated enough to do the right action, like voting properly. By using this argument, it could basically reject any democratic outcome against its favor and refer to the King who, in its view, is an enlightened monarch.

Liberal thoughts however do not stop at Voltaire, and classical liberals distrust absolutism as much as crass majoritarianism. Evolution of ideas later introduced the concept of liberal democracy superior to Voltaire’s. The monarchy is replaced by a liberal constitution which ferociously defends individual liberty from infringement by the majority.

The reason for the superiority of liberal democracy to an enlightened monarch is obvious: not all monarchs are enlightened. And enlightened monarchs do not exist all the time either. Voltaire, somehow, overlooked this.

In the case of Malaysia, the country has neither an absolutist nor a liberal constitution in its purest sense. The county does however, perhaps, have several enlightened monarchs who are able to rise above the noise to appeal to the greater good. And there is some security over individual liberty in this country. The imperfections in the protection of liberty by the state may sometimes call upon the enlightened monarchs to play, in some ways, part of the role that Voltaire advocated.

Thus, the monarchy finds itself as a check and balance apparatus. In times when the power of the executive is beyond disgust, the resurgence of the monarchy to check the excesses is most welcome.

It has to be noted that the idea of checks and balances imbeds within the system parts which are capable of limiting the power of the other parts and vice versa. If one part has the ability to overwhelm the other, however, the idea of checks and balances simply loses its meaning.

The same applies to the monarchy. If invested with greater power, chances are the monarchy will stop functioning as part of a check and balance mechanism. The greater power could upset any balance that exists in Malaysia at the moment.

And one of the easiest ways to upset the balance is to grant all nine monarchies in Malaysia with immunity. Immunity will place any royalty above the law, well beyond the reach of any check and balance mechanism.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

A version of this article was first published in The Malaysian Insider.

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Politics & government

[1844] Of creative clarification is like creative accounting, it is bullshit

Old but Wan Azizah said:

SHAH ALAM, 29 Nov 2008: Parti Keadilan Rakyat (PKR) wants to restore the royal veto power and the dignity of the constitutional monarchy.

That restoring of veto power means the Agong will have the discretion to reject certain types of legislation passed in Parliament before they are gazetted and enforced as laws.

“PKR is prepared to restore the immunity of the royalty in the spirit of constitutional monarchy,” she said in her speech at the opening of the party’s fifth national congress here today. [PKR wants royal veto power restored. The Nut Graph. November 29 2008]

This happens after a person belonging to the Negeri Sembilan’s royal house called for the restoration of immunity for the royalty.

Seriously, surely PKR is not that desperate. Surely, after becoming the largest opposition party on the federal level and controlling several state, PKR is not desperate at all.

She later backpedaled:

Later in a press conference, Wan Azizah clarified that the party does not support the restoration of absolute immunity of the royalty as called for by the Regent of Negeri Sembilan, Tunku Naquiyuddin Tuanku Jaafar, recently. [PKR wants royal veto power restored. The Nut Graph. November 29 2008]

Clarified? That is redefinition, not clarification.

Then somebody tried to save the day:

To a question in the press conference, deputy president Dr Syed Husin Ali further explained that the party wants only the restoration of veto legislation power to royalty, and will not touch on restoring royal immunity from prosecution. [PKR wants royal veto power restored. The Nut Graph. November 29 2008]

Yes, I will buy that 100%. Or not.

I find it hard to link restoration of “the immunity of the royalty” to the “restoration of veto legislation power to royalty”. That is one incredibly large leap of logic to make. In fact, the connection sounds more like faith than logic. I am not prepared to do that.

Regardless, much later, according to a constitutional expert, Dr Shad Saleem Faruqi:

”The Agong never had veto power. He could delay a bill, question it, warn and give advice, but if he continued to delay it, he would end up contravening Article 40(1), which states that he is to act in accordance with advice of the cabinet, except on certain provisions where he may use his discretion, under Clause 2 of the same article,” Shad told The Nut Graph. [Agong never had veto power. The Nut Graph. December 3 2008]

I wonder what was PKR trying to achieve?

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Liberty Politics & government

[1645] Of absolutists in the making

The hazard of appealing to interventionist monarchy has finally reared its head. With Malay nationalists rallying around a monarch, the idea of absolutism is gaining currency in the public sphere. Whether by accident or design, the monarchy institution in Perak and elsewhere in Malaysia are regaining influence that they had in times when divine rights of kings was held supreme. This jeopardizes liberty, or whatever left that we have now.

The episode began with the removal of the director of Perak religious department from office. The Sultan successfully argued that the monarchy alone has the absolute power over the director office, forcing the PAS administration to back off from its intention to exert control over the state religious department. The story does not end with the executive having a black eye however. It really exploded when Karpal Singh of DAP insisted that the Sultan has no power to overturn the decision of the state executive.[1]

Criticism in Malaysia works in a peculiar way. One has to have the same skin color in order to make inter-communal criticism and not possibly suffer the suffocating communal politics. Karpal Singh did not notice this but those in UMNO are aware of it and they wasted no time to shoot him down. With Malay nationalists under post-election siege mentality and lamenting about a so-called divided Malay community, remark by the chairman of DAP was the spark that they needed to rally the Malays around them.

The monarchy institution is closely associated with Malay politics, being the ultimate defender of Malay privileges in the country. Any attack against the institution, especially by non-Malays, is considered by the nationalists as an attack against the Malay itself.

For UMNO, the anger caused by the DAP chairman is an opportunity to rebuild their base by having Malay nationalists firmly behind their back. With a clear external source that is Karpal Singh, attention could be diverted from the trouble plaguing the leadership of UMNO. More importantly, by siding with the monarchy together with the Malay nationalists, the current leadership of UMNO creates a perception of Malay unity under them, seemingly solving the question of divided UMNO.

Regardless the ulterior motive of UMNO, all that dangerous increases the influence of the monarchy in national politics and all must take heed of that.

While the issue at the moment may forward UMNO’s interest, there will be a time for conflicts of interest between the two entities or between the monarchy and the government. Such conflict had occurred in the past under the Mahathir administration.[2][3]

What Mahathir did to the power of the monarchy is a victory to organic politics. He successfully brought the monarchy under the purview of the legal system, giving meaning to the idea that no one is above the law. The former Prime Minister however not only mowed the blades of unwanted tall grasses. The sunflowers and the poppies and the dandelions which took upon itself to decorate the air above the Malaysian field also fell. But this is not about the Mahathir administration. Rather, it is about the sincerity of UMNO. UMNO does this not because they is supporting the monarchy institution per se. Rather, they, particularly the leadership, are doing what it is doing in effort to reverse its bad political fortune.

Regardless, this particular issue and the reactions to its produce a powerful precedent that may grant the Malay monarchy institution immunity from criticism, much at the expense of liberty. With that, it possibly places the monarchy above the Constitution as mere questioning is met with coercion by the state in the name treason.

With monarchs’ powers and actions unquestioned regardless of the constitutionality of it, the route to absolutism is paved. The liberals need to act, and so too the timid Malaysian republicans.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

[1] — KUALA LUMPUR, May 8 (Bernama) — Prime Minister Datuk Seri Abdullah Ahmad Badawi has asked Umno secretary-general Datuk Seri Tengku Adnan Tengku Mansor to lodge a police report against DAP chairman Karpal Singh over his statement on the powers of the Perak Sultan.

[…]

“It is seditious and seen by the people as ridiculing the Sultan as though the ruler did not know his duty,” he told reporters when asked about Karpal’s controversial statement. [Abdullah Asks Police Report Be Lodged Against Karpal. Bernama. May 8 2008]

[2] — See the 1993 Malaysian constitutional crisis at Wikipedia.

[3] — At a special session of Parliament beginning on Jan. 18, Prime Minister Mahathir bin Mohamad plans to push through constitutional changes ending the sultans’ immunity from prosecution. But the sultans, who are due to meet Mr. Mahathir this Saturday, are resisting. [Royals in Trouble:Malaysia’s Sultans Have a Role. Philip Bowring. International Herald Tribune. January 7 1993]

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Liberty Politics & government

[1639] Of an odd path to secularism

Activist monarchy runs contrary to organic politics and for that I am not too comfortable of having monarchs meddling in business of the state. Despite that, some actions by monarch may coincide with favorable consequences like giving new breath to federalism but the involvement of monarchs in politics remains an inorganic decision. The latest case of activist monarch revolves around the royal house of Perak over-ruling the decision of the Menteri Besar to remove the state religion department director.[1] While the down side of this episode is about having the monarchy institution in the picture, the bright side of the equation provides an opportunity for secularism.

Secularism, if its definition has to be clarified, aims to separate the state from religious beliefs and vice versa. A secular state is a state neutral of religious values. As further argument for secularism goes, religious belief is a personal matter and the best way to maintain it that way and protect religious freedom is to have a secular state.

The situation in Perak at the moment basically separates religion, or at least some part of it, from the purview of the executive branch of the government. If the Sultan has the ultimate say in religious matters, that would basically make the religious department answerable only to the Sultan while the executive is left with little influence in the matter. In the state of Perak where the monarchy takes a progressive political stance while the head of the executive is a member of an Islamist political party, I cannot help but maintain a slight inclination to stand with the monarch, even when I distrust him. In my opinion, from a certain point of view, this path may lead to secularism. In my opinion, this helps in preventing PAS from enlarging the role of religion in our society through coercion.

This perspective however assumes that the monarchy institution itself is not part of the state and that only the executive, judiciary and the legislative branches of government are considered as part of the state. The truth is, the monarchy together with the three branches are the institutions of the state.

In the purest sense of the word, we are still far away from secularism. Yet, this tussle between the Sultan and the Menteri Besar, especially when the executive is backing down,[2] creates an opportunity to advance secularism in the Malaysian society. It is an odd path but it is a path nonetheless.

But of course, there is no guarantee that the monarch himself has liberty in his mind. For all we know, the Sultan may only be interested in advancing the influence of the monarchy which has long waned.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

[1] — IPOH, May 2 (Bernama) — The Sultan of Perak, Sultan Azlan Shah, today ordered Perak Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin to immediately retract the 24-hour tranfer order issued to Perak Islamic Religious Department director Datuk Jamry Sury on Tuesday. [Sultan Azlan Shah Orders Transfer Order On JAIP Director Retracted. Bernama. May 2 2008]

[2] — IPOH: The Mentri Besar will apologise to the Sultan of Perak over the hasty transfer of Perak Religious Department (JAIP) director Datuk Jamry Sury without first consulting the Ruler, who is the head of Islam in the state.

[…]

Meanwhile, Jamry has yet to receive a letter reinstating him as JAIP director, although he said he has been asked to meet state secretary Datuk Dr Abdul Rahman Hashim tomorrow.[Perak MB to apologise to Sultan of Perak. The Star. May 4 2008]

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Liberty Politics & government

[1600] Of activist monarchy

When DAP called for a boycott of a swearing-in ceremony for the Menteri Besar of Perak, Utusan Malaysia ran a headline labeling DAP as rude: the headline was “DAP Biadap”.[1] Now that UMNO had boycotted the swearing-in ceremony for the Menteri Besar of Terengganu, Utusan failed to replay the same message all over again. Regardless the crass hypocrisy, both episodes were caused by intervention of respective state palace in a political process which the palace should have no say in and the trend of monarchs actively interfering in the process worries me.

I have always considered a monarch as a figurehead in Malaysia. After the bloodless Thai coup d’etat in 2006, somehow, taking cue from the Thais, many Malaysians began to elevate the role of the monarchy institution as the fourth branch of government. And with that, the monarchy system starts to hold itself higher than usual, however limited their influence are.

I am fan of organic politics and therefore, I believe political power has to be primarily derived from the ground up whenever it concerns the make-up of a society. In other words, the state, or any entity that shares similar function derives its legitimacy from the governed. So, when a monarch, specifically the Sultan of Terengganu, begins to exert his power against organic processes, I find it hard to side with him, even while I quietly celebrate the fact that UMNO — particularly, the Abdullah Ahmad Badawi’s loyalists — found itself in a quagmire, even when I sort of like the Sultan.

At the center of the controversy in Terengganu is the sovereign’s ability to appoint the chief of the executive; the Sultan does not approve the candidate which garners the trust of the majority for the Menteri Besar post and it does not end there. The Sultan went on to appoint the candidate of his choice which very much goes against the majority power in the state assembly. Regardless the constitutional legalese which is beginning to plague the issue at hand, it is the spirit of the document that matters, not the letter and my position is that the Sultan should bow to the organic process.

To solve the issue once and for all, I favor direct election into the office of the Menteri Besar. And the Prime Ministership for that matter. With this, the monarchy will have no opportunity to overturn the wishes of the people. In fact, this method to a certain extent transfer the power of political parties’ bureaucrats to the people. It kills two birds with one stone.

Nevertheless, the friction between the Sultan and UMNO may finally give meaning to the idea of federalism in Malaysia, which by the way is experiencing a shoved-to-the-backstage treatment for far too long. The federal government has too much power over state politics and this is obvious through the Prime Minister’s influence in the selection of various states’ Menteri Besar or Chief Minister, except, possibly for Sarawak and states not under BN’s control. Therefore, the crisis may actually be a blessing in disguise; the monarchy as the fourth branch of government — activist monarchs — may not be a bad idea, after all.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

[1] — KUALA LUMPUR 13 Mac — Ketua Penerangan UMNO, Tan Sri Muhammad Muhd. Taib menyifatkan arahan DAP supaya wakil rakyatnya di Perak memulaukan majlis angkat sumpah pelantikan Menteri Besar, sebagai sungguh biadap dan kurang ajar. [DAP Biadap. Utusan Malaysia. March 13 2008]