Categories
Liberty Politics & government

[2389] Bersih finds itself in a quandary with the King speaking up

I give my support to Bersih. As far as the rally goes, that support is based on the idea of freedom of assembly. That however does not mean I fully agree with everything that Bersih does. Specifically, I disagree with its appeal to the King.

Bersih now finds itself in a quandary. The King has just spoken up against its planned protest in downtown Kuala Lumpur.[1]

For a libertarian like me, the King’s speech should not matter. For those in Bersih who makes the King their arbitrator, it does.

Bersih binds itself to the words of the King and not primarily to the principle of liberty. That binding makes the words of the King as an imperative that Bersih must follow, if these monarchists are true to their conviction. And the King’s words have not been favorable toward it. That is the peril of making the King the referee.

Because of the King, I would imagine that there is a conflict between monarchists and civil libertarians within Bersih.

I take comfort seeing Bersih finding itself in a quandry because, again, I disagree with its appeal to the King. I have been so from the very beginning, even back in 2007 in times when many believed that the monarchy was an important balancing mechanism, especially after they observed how the Thai King helped toned down the political conflict in Thailand.

I have argued that that appeal would only politicize the monarchy and bring the monarchy into politics in times when the status quo has a republican bias. At the time, however, my argument ran against the grain. I lost because they said, “look, the model works”.

Not after a while though. These believers of the monarchy as an arbitrator have been discouraged by the sultans of Perak and Selangor. Today, they have been discouraged by the King of Malaysia. The model does not work.

So, while I sympathize with the political fortune of Bersih in light of the King’s statement, but I shall enjoy my little cake nonetheless.

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

[1] — “The fact is, street demonstrations bring more bad than good although the original intention is good. Instead, we should focus on our main objective to develop this country, and not create problems that will cause the country to lag behind. [Statement by Agong on Bersih Illegal Rally. Bernama. July 3 2011]

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

p/s — have a happy fourth of July.

Categories
ASEAN Conflict & disaster Politics & government Society

[1951] Of we do not want to go down the path Thailand is on

Thailand has been a popular role model for monarchists in Malaysia, who believe that the monarchy has the potential to be the umpire for an increasingly competitive Malaysian democracy. Now that Thailand again finding itself in shambles, the same Malaysian monarchists are no longer quite as willing to cite our neighbor up north. For others like me, who have always been uncomfortable with the idea of an activist monarchy, this reaffirms our commitment to organic politics.

Thailand finds itself in a quagmire because its government refuses to return to the Thai people to earn mandate to govern. Rather than appealing to the electorates, the ruling class preferred a top-down approach to legitimize their grip to power.

In a society that stresses great respect for the monarch, appealing to the monarchy may be the best way to obtain the mandate to rule. It is hard to ignore the influence of the Thai King over the Thai people. In discussing the politics of Thailand, various publications inevitably work extra hard to remind all of that fact.

Slowly however after a series of unending political conflicts, the reverence for the King may be slowly becoming irrelevant. The latest episode of uprising may finally force a rethink of that reverence as the red-shirted Thai people — Thaksin supporters — organize themselves to confront the yellow-shirted royalists, who are Abhisit’s supporters.

There were multiple opportunities for those holding power to return to the Thai people ever since the military coup d’etat against the Thaksin administration in 2006. Each time the opportunity arrived, however, the yellow shirts — he People’s Alliance for Democracy (PAD) and supporters of the current Thai Prime Minister Abhisit Vejjajiva — misused that opportunity. They either appealed to the monarchy — at the expense of democracy — or pressured the government that they disliked to step down without returning to the ballot boxes fairly.

PAD did this because they know they cannot win a general election fairly.The rural population makes up the majority in Thailand and the ousted Thai Prime Minister Thaksin Shinawatra, together with his allies, are popular in the rural areas.

The politics of Thailand is more or less defined by this rural-urban divide, with allowance for those in the south who aligned themselves to the urban elites. The urban elites — almost synonymous to the educated class — align themselves with the royalists. Tyranny of the majority is a real concern when the majority is bent on threatening the rights of the minority. Such majoritarianism is distasteful.

To address such majoritarianism, a liberal democracy where individual rights are secured is required.

But distaste for crass majoritarianism is one thing. Distaste for democracy is another.

What is happening in Thailand, however, is not distaste for majoritarianism but, rather, distaste for organic politics in favour of a top-down approach. The royalist elites’ low opinion of organic politics is visible when PAD proposed what they called ”a new politics”. They wanted a Parliament whose membership is not earned through the ballot boxes but granted by the King.

Such a political maneuver can only certainly disenfranchise the majority while it unduly strengthens the minority, making democracy redundant. Clearly, the word ”democracy” in PAD’s acronym is not worth much. Democracy is only a convenient empty rhetoric to PAD as well as to the Abhisit-led Democrat Party.

When the military executed the coup d’etat with blessings from the monarchy in 2006, the action was presented as an effort to save Thai democracy. At that time, this appeared to be the case and the military and the yellow-shirted masses deserved the benefit of doubt, given the issues associated with the Thaksin administration.

The involvement of the monarchy in breaking the deadlock then was immediately hailed as a wise move, even in Malaysia. Seizing the moment, Malaysian royalists argued that without the monarchy, Thailand would have descended into further chaos.

Never mind that the ones who caused the chaos, the ones who became the judge and the ones who benefited from the involvement of the monarchy were, suspiciously, from the same side — the Thai royalists and their allies, the yellow shirts.

Approximately three years have passed since that royal intervention. And as time progressed, the real effect of that coup d’tat and royal intervention has become clear.

At this juncture, neither has Thai democracy been saved nor does royal intervention appear wise. Instead, in retrospect, the intervention has worsened the situation, from protest by the elites to protest by the masses.

What is visible now as Bangkok falls into a state of emergency once again is the failure of the top-down approach. This is a direct rebuke to monarchists in Malaysia who opined earlier that the monarchy has a greater role to play in Malaysian politics.

The top-down approach and, specifically, the act of deferring to the monarchy, does not work because it does not address real organic differences that exist among the masses. These real differences can only be addressed through the will of the people and not through the will of the monarchy. The answer for Thailand is the ballot boxes and not further royal intervention.

The Thai monarchy — as well as the military, which has shown royalist tendencies — has to be taken out of the equation.

Only a free and fair election can truly break the deadlock. The losers, at the same time, must accept that result of such an election and stop trying to bring down a government that earned its mandate from the people.

Refusal to do so will prolong the chaos.

And if the losers continue to return to the monarchy to subvert the will of the majority, sooner or later that respect the majority has for the monarchy will suffer erosion. The majority will become tired of witnessing their rights being abused again and again by the royalists and the monarchy.

If that abuse happens once too often, Thailand will become a republic.

Already the majority has decided to openly challenge a side that always hides behind the Thai throne. In the past, the Thai royalists’ association with the monarchy is enough to discourage opposition, for fear of being seen to be disrespecting the King. That fear appears to be diminishing now.

For the Thai King’s own sake, he should disengage himself from Thai politics before it is too late.

In a more democratic Malaysia where the monarchy enjoys much less reverence from the people compared to our neighbor to the north, deferring to the monarchy on various issues such as languages and selection of Prime Minister is undesirable.

Unless we dream to subvert our problematic but maturing competitive democracy, and unless we want to risk the status quo for our monarchy, our country must continue to be driven by wisdom of the people.

We should not tread the path the Thais are on if we ourselves do not wish to progress — or regress — further along the evolutionary line of forms of government.

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

First published in The Malaysian Insider on April 14 2009.

Categories
Liberty Politics & government

[1895] Of Karpal Singh must not be prosecuted for the King is not above the law

Guess how many police reports have been filed against Karpal Singh for his plan to sue the Sultan of Perak?

To remind all, there is a huge dispute in the way the state government of Perak was transferred from Pakatan Rakyat to Barisan Nasional earlier this month. I will not go into the details and speak legalese since I lack the skill to do so. Suffice to say, Karpal Singh insists that the method is unconstitutional and I at the moment tend to agree with him. I myself prefer a vote of no confidence to formally prove any lack of confidence against the Pakatan government. Calling for the vote would settle a lot of issues as civil as possible.

Returning to the question, at the time of airing of Bulletin Utama on TV3 — drum roll please — 27 reports. Watching TV3 is always an angering experience since its so-called news borders outright lies and manipulation. But I want to know what both sides are thinking and I have to brave through the horrible minutes to obtain that knowledge. Not a pinch but a handful of salt has to be close by while watching and listening to TV3.

According to the news presented on Bulletin Utama in its typical propagandist fashion, Karpal Singh at the moment is being investigated under Sedition Act.

I may have been wrong when I suggested that the infatuation with the monarchy is coming to an end. I may be right if the statement is constrained to a certain section of the society but on the whole, it is quite hard to say if the monarchy is becoming more popular or less. One thing is certain, the monarchy as been used as a political vehicle by all sides.

The episode in the usually charming little Kuala Kangsar involving the firing of tear gas by the police to a protesting crowd suggests a conclusion which sits exactly opposite to the conclusion of various UMNO-related rallies in various places as aired on TV3. It cannot be ignored however that with UMNO’s effective control of the mainstream media, these pro-monarchy rallies may not as big as it was reported.

In any case, groups especially the one aligning to Barisan Nasional are trying to place the monarchy even higher than individuals and groups leaning toward Pakatan Rakyat had proposed earlier. Through the BN-aligned groups’ action against Karpal Singh, they are trying to grant the monarchy immunity. If they are successful in using an arm of the state to convict the DAP man under the Sedition Act, we would effectively have lèse majesté law.

That is unacceptable. Nobody is supposed to be above the law.

This is even greater than the immunity suggested by Parti Keadilan Rakyat during its pow-wow not too long ago and therefore, worse in terms of violating the spirit of equality before the law. For PKR at least, they were willing to bent back after being criticized though the bending seemed less than honest to me. Honest or not, the feedback mechanism works to some extend.

Unlike PKR however, the groups filing reports against Karpal Singh are unlikely to bow to any criticism. These are groups with strong direct ties to the pre-March 8 culture. Besides, these groups claim to fight for the Malays and that also means standing behind the monarchy. If they were to back down from supporting the monarchy, they would lose their raison d’être.

Effort by the UMNO-backed groups filing police reports against Karpal Singh is even more worrying given the fact that in the past, the subsequent processes had been manipulated to tilt the result. Furthermore, if the groups are successful in bringing the system to convict Karpal Singh, that would take us a step closer to undo one good structural legacy of the Mahathir administration.

While former Prime Minister Mahathir Mohamed has caused many wrong weakening of public institutions to overly strengtened the executive, one of few good structural changes he brought upon to this country is the removal of the immunity of the monarchy. He made true of the phrase nobody is above the law by making the monarchy accountable to rule of law.

The court is and has to be the final arbitrator and Mahathir made that possible.

At the same time, it is clear that the dispute regarding the change of state government in Perak is a constitutional matter. Such matter can only be addressed in the court of law. Outcomes from the courts can then be used as reference, making the likelihood of future disputes lower than what it currently is. The application of the Sedition Act to prevent effort to bring the matter to the court does nothing other than sweeping the dust under the carpet.

For the UMNO-backed group, they do not realize this because as always typical with emotional overly sensitive communal groups, they are unable to see very far ahead.

Categories
Politics & government Society

[1893] Of is this the end of infatuation with the monarchy?

Previously, a lot of people within Pakatan Rakyat praised the monarchy for various decisions in the public sphere. At the moment however contrary to the environment barely weeks ago, words unworthy to be typed here have been uttered as insults. Worse, these insults were thrown even before the Sultan of Perak made a final decision regarding the status of the state government.

I have warned that the infatuation with the monarch is dangerous and I have been consistently concerned with the development of greater power of the monarchy. But those benefited from the decisions of the monarchs celebrated such expansion and dismissed my concerns. They were eager to elevate the roles of the monarchy above and beyond the status quo. Now, the very same people are turning their back to the institution with rudeness unimaginable previously.

Apart from stating that inconsistency of these people (which I increasingly look down as ideologically lalang or more politely, pragmatists), I would like to say, I told you so.

I am glad that I have taken the moral high ground on the matter. Watching down below from above is a morally satisfying activity.

Let this be the end of any infatuation with the monarchy. Let this be a harsh reminder to those who praised the expansion of the monarchy.

A healthy dose of skepticism against the monarchy and indeed any apparatus of the state, must always be kept alive. Thanks to this episode, that will indeed be the case.

Nevertheless, the rudeness shown is unjustified.

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

p/s — The Malaysian Insider, much later after this post, has this to say:

Make no mistake the political crisis in Perak is not only about who controls the state legislature, and who is left on the sidelines.

It is also a litmus test for Malaysia’s royalty — whether they can play the role of honest brokers in resolving disputes in a country increasingly fractured by politics and racial strife; whether they can be the balm for a more divisive and polarized nation; whether their pronouncements will have a calming effect.

The early signs emerging from Perak are not promising. The previously unsullied reputations of Sultan Azlan Shah and his erudite son, Raja Nazrin Shah have been the subject of scorn and ridicule.

From yesterday, members of the public have sent in emails to the royal household’s website, imploring the Sultan to dissolve the state assembly and call for fresh elections.

After 12 pm today, the emails sounded more threatening and damning. It coincided with the announcement that the Sultan had asked the Perak Mentri Besar to step down in view of the fact that Barisan Nasional had gained control of the state assembly.

Here is a sampling of the emails sent.

Zambri Hussin wrote: ”I have lost all respect for the institution of the Malay Rulers in Perak.”

Dr Phillips John wrote: ”People in Perak are not going to forget the decision you make today.’”

Chan Wai Phing wrote: ”Tuanku, So sorry to see you have failed the test of your own words, before God and before your subjects. You have let three unprincipled scumbags decide the fate of the whole state.”

Arguably, because of the political temperature this was always going to be a no-win case for the royal family. Damned if you do, damned if you don’t. [Perak crisis spotlights royalty’s role. The Malaysian Insider. February 5 2009]

Categories
History & heritage Liberty Society

[1848] Of Sultan of Selangor’s definition recalls the Malay Annals

Sultan Sharafuddin Idris Shah of Selangor defines the social contract as “compromise between the rulers and subjects as well as between Malays and non-Malays.”[1]

This is a new definition when compared to the typical understanding of the subject. The conventional understanding refers to the willingness of the Malays to accept various non-native migrants as citizens on the condition that the special position of the Malays is respected always.[2]

I do not agree to such unwritten contract. The only contract I hold is the non-aggression axiom, which in many ways given the current environment, it satisfyingly embedded in the Constitution. There is room for improvement but the Constitution does provide a good point to begin any journey of similar nature.

If such social contract as conventionally defined really had existed, it would be outdated anyway and incapable of moving this country forward. It unfairly condemns newer generations to mistakes of the past.

My opinion notwithstanding, the definition employed by the Sultan, while new, actually tries to reach back as far as the time the Malay Annals was compiled and edited by Tun Sri Lanang in the early 17th century in Johor. The concept of a contract between the king and the people was articulated by the Malay Annals more than 100 years earlier than Rousseau, the author whom popularized the actual term “social contract”.[3][4]

In the Malay Annals, the so-called contract between the monarchy and the Malays is mentioned during a conversation between Sri Tri Buana, the Prince and Demang Lebar Daun, the minister representing the Malays in time when Palembang was the center of the Malay universe.[5]

Sri Tri Buana as claimed by the Malay Annals traced his lineage back to Alexander the Great. The veracity of the claim made by Tun Sri Lanang in the Malay classic is suspect but such claim is typical of effort to legitimize the rule of any monarchy, including that of Johor. Tun Sri Lanang was the Bendahara, or the Prime Minister, within the royal court of Johor at the time and the Sultan of Johor then was the direct descendant of the last Sultan of Malacca originated from the royal court of Palembang.

As one can see, even without the grand claim to Alexander, the lineage of the Sultan of Johor at that time was already impressive, reaching back to the days of Srivijaya. But Tun Sri Lanang needed to reposition the royal line to assume more Islamic tone while discarding the Buddhist and Hindu past.

Back to the conversation, Sri Tri Buana was requesting for the hand of Demang Lebar Daun’s daughter in marriage. The marriage here is really symbolic to the partnership between the royalty and the Malay people.

The latter would only consent to the marriage if the Prince would agree to two conditions. Firstly, the daughter must never be banished from the palace. The second condition demands, as translated by Sabri Zain,[6]the descendants of your humble servants shall be the subjects of your majesty’s throne, but they must be well-treated by your descendants. If they offend, they shall not, however grave their offence, be disgraced or reviled with evil words: if their offence is grave, let them be out to death, if that is in accordance with Muslim law.”

The Prince quickly agreed to the conditions.

Upon agreeing to the condition, Sri Tri Buana wanted Demang Lebar in return to agree “that your descendants shall never for the rest of time be disloyal to my descendants, oppress them and behave in an evil way to them.”

Both further agreed that if one or the other departed from the undertakings, the pact would become undone by itself.

But is that the Malaysian social contract?

It seems as if the idea from the Malay Annals is being combined to the conventional definition.

Like the idea of Bangsa Malaysia, the Malaysian social contract is becoming so nebulous that it basically could assume so many definitions. As for me, I have mentioned before, I prefer the simpler non-aggression axiom.

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

[1] — SHAH ALAM, Nov 30 — De facto PKR leader Datuk Seri Anwar Ibrahim yesterday blamed Prime Ministergo to table a motion of no confidence against the government. [Social contract means compromise, Selangor Sultan explains. Leslie Lau. The Malaysian Insider. December 7 2008]

[2] — See Social Contract (Malaysia) at Wikipedia. Accessed December 9 2008

[3] — See Malay Annals at Wikipedia. Accessed December 9 2008

[4] — See Social Contract (Rousseau) at Wikipedia. Accessed December 9 2008

[5] — Page 25 – 26. Sulalatus Salatin: Sejarah Melayu. Tun Sri Lanang. Edited by A. Samad Ahmad. Dewan Bahasa Dan Pustaka. 1997

[6] — Sejarah Melayu: A History of the Malay Peninsula. The Tuah Legend. Sabri Zain. Accessed December 9 2008.