Tuesday, 3 September 2013

A clean slate

Khairy Jamaluddin has suggested that we need to start over, renew the social contract upon which Malaysia was, so myth has it, built.

It's a shame the idea hasn't garnered more attention. Because even if we decide that we're happy with the Constitution we have (and many of our best lawyers are, just think we could have better respect for the document), it doesn't hurt to look at what works about it, what doesn't and why things are the way they are. It might also help generate discussion on the ways in which we can agree on what Malaysia should be.

There are some reasons why I think this would be a good idea.

First, Malaysia was never our creation. We never voted on our constitution, and we never discussed what we wanted in it with our neighbours. As long as Malaysians were outside the drafting and accepting of the bedrock of our governmental system, it's going to be considered, at least by some, of questionable provenance. Those who argue the British imposed our Constitution upon us are going to have resonance, as long as that remains true.

Second, it gives us a chance to build capacity. I'm thinking a Venezualan-style nationwide discussion on democracy, democratic processes, the role of the Constitution, separation of powers... if I'm not making you hot and sweaty with this kind of talk, then you shouldn't be reading my blog! It's about as sexy as it gets, as far as I'm concerned.

I know that there are some problems, not least the distance between the supporters of an Islamic state and the supporters of a secular state. But ignoring this issue isn't making it go away. It was there at the drafting of the Constitution, and looking in the opposite direction has just made it grow bigger. However, it would be great to get the two sides to sit down and try to agree on something. Even better if they could. A constitution inspired by the values of Islam is something I would love to see, for example. I realise this isn't close to what some people want, but if we can get to the point where everyone understands that the Constitution has to be a document that everyone can agree on, a starting point for building a nation, then this in itself would be an achievement. (Admittedly, that just underscores how hard it would be!).

If that happens, and we, the people, draft something which is then voted on in a fair and transparent process, and... this of course is where my house of cards all falls down. Because on the other side there are real problems with reworking what we have.

Who controls the process? Who participates in the process? Who drafts, who votes, and who oversees the voting process?

BUT... but but, surely we can talk about it? Start those hot and sweaty conversations going, even if the courtship leads nowhere?

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