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Article 153 and the “Social Contract” PDF Print
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Wednesday, 29 October 2008 13:38

NO HOLDS BARRED

Raja Petra Kamarudin

My sedition trial will resume on 10th November 2008 after a three week postponement. Thus far six prosecution witnesses have testified and it appears like the prosecution has 10-13 more witnesses lined up.

Basically, the government is of the view that my article, “Let’s send the Altantuya murderers to hell”, is seditious. And to ensure that I am duly punished, other than facing trial, I am also under Internal Security Act detention. This means, even if the court acquits me, I shall still not be free. It is like taking double insurance. Either way you are covered. 

I suppose sedition is the natural thing to charge me with. Moses was charged with sedition that he had to flee Egypt. Jesus was charged with sedition and the Christians believe he was executed because of that. Muhammad too was charged with sedition and the Muslims believe that God commanded him to flee Mecca lest he get murdered that same evening. 

I am not trying to compare myself to the three main prophets of the Abrahamic religions. What I am trying to say is that if even the three most important prophets of the Jews, Christians and Muslim are not spared the allegation of sedition, then who am I to escape? 

On 7th November, the court will decide if my ISA detention is legal. I could say that my freedom is now in the hands of the judge and may he rule wisely. And of course, to me, “wisely” would mean to free me – whereas that may not quite be the government’s view of “wise”. 

Something significant of late was the Rulers’ statement on Article 153 and the “Social Contract”. We could say that this was historic as the Rulers have never thus far made such statements. Could this be said as something timely or something the Rulers should not have done? I really don’t know. 

The Pakatan Rakyat Kedah state government’s ruling of imposing a 50% Bumiputra quota on houses in the state does not help either. Why 50%? Why even 30%? Should in the first place there even be a quota? 

If you have not done so this you should read Zaid Ibrahim’s book “In Good Faith”, Zaid has addressed this matter of Article 153 and the “Social Contract” with great clarity. 

What the Kedah state government has done is unconstitutional. Article 8 and Article 153 of the Constitution do not allow this. You just can’t dictate how people run their businesses. 

Those who support the imposition of quotas argue that there exists a “Social Contract” that allows them to do so. But while they mention this “Social Contract”, they fail to mention the terms of this “contract”, what it says, and who is bound by it. 

In short, if I am not a party to that contract can I be bound by it? The contract was entered into by the Malays and the then immigrant Indians and Chinese; of course it is not really a written contract as much as a verbal contract and we all know that a verbal contract is not worth the paper it is written on. 

Nevertheless, should Malaysian-born Indians and Chinese who have never even visited India and China be made to abide to a verbal “contract” made by their immigrant parents and/or grandparents? How long will this “contract” run? Will Indians and Chinese 1000 years from now still be made to abide to a “contract” made in 1957? 

There should be a cut-off date. There must come a point of time when all Malaysians are regarded as equal. How can an Indonesian who migrated to this country a few years ago be regarded as Bumiputra when Chinese and Indians who come to this country in the 1400s are still second class citizens? 

Yes, Article 153 accords Malays certain rights and privileges. But that same Article, and Article 8, do not allow imposing of quotas and permits which deny Indians and Chinese their rights in favour of the Malays. This, many people do not seem to understand. 

We also seem to have forgotten that the New Economic Policy is a two-pronged attack. Other than reducing the gap between the different races it is also about reducing the gap between the rich and the poor. And this would mean regardless of race. 

When we talk about the Malay farmers and fisherman. We do not seem to realize that there are Chinese farmers and fishermen as well. Poverty does not recognize race. 

It is time that the “Social Contract” be reviewed. A new “Social Contract” must be drawn up that looks into the SOCIAL structure and not RACIAL structure that the present “Social Contract” addresses. Only then can it be called a “Social Contract”. If not, then let us call it what it really is, a “Racial Contract”. 

The poverty level also needs to be reviewed. The new “hardcore” poverty level should be RM1200. Anyone earning below RM1200 per month should be considered poor. That would mean a high percentage of Malaysians. Then the NEW “Social Contract” should address the needs of those who live below the NEW poverty level of RM1200. 

And the NEW “Social Contract” should no longer be a verbal contract but chiseled in stone. And it should be a contract to take care of Malays, Indians, Chinese, Portuguese, Ibans, Dayaks, etc. As long as you are poor, meaning earning below RM1200 then you are taken care of. That should be Malaysia’s NEW SOCIAL CONTRACT. 

Before I sign off, I would like to apologise for the quality of my articles. It is not so convenient to type from where I currently live so I need to just get my points across without much focus on the presentation. I hope this will not be for long and that I may soon be back with you. Anyway I was told that Malaysia Today is under control and in good hands. Till we speak again. 

Comments (89)Add Comment
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written by KweN, October 29, 2008 13:44:50
Hold on, brother hold on, the road is long we're on stonny ground, but WE are strong and you aint heavy!



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written by cheekymate, October 29, 2008 13:59:10
I *****ed on it immediately when I saw this article, dear RPK. As I was reading through it, my mind wandered off and all I could picture was that of you locked up in your small cell, away from the warmth and comfort of your loved ones. In spite of the dastardly manner in which you have been treated by these cowards, you choose to continue in you fight for freedom for us. Your sacrifices cannot be measured in words. I thank you very much, my dear friend. As I am writing this now, my tears are falling...Waiting to celebrate your release. My todi is waiting in fridge for you.
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written by Badaksumbu, October 29, 2008 14:02:21
Sure many of us would agree. Argument on social contract sounds uglier as time goes by. We hope you just have to adjust yourself while you're for a little while-we pray for you good health

Yes,it looks Malaysia Today is in good hand

Regards, from us
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written by carribeanking7, October 29, 2008 14:03:45
Quite true no contract can be indefinite , they all have expiry dates that are much shorter than DNA profiles.

If one race were to claim the right to rule citing history then the world today would still be ruled by Vikings, Mongols and Romans.

Those who brandish article 153 the most are the very same persons who do not understand its spririt and intent.

regards

Vijay Kumar Murugavell

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written by BennyG, October 29, 2008 14:06:08
Hard hitting as usual. Would not have realised by your writing that you're under ISA "care" if I did not know about it.

Nowadays, if you are losing an argument, turn the tide by using race & religion. Even Zul could attest to it.

We shall be waiting for the day that Malaysia will realise that without everyone's contributions, it will never achieve its potential of being equal to the world's best.
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written by tuanlokong, October 29, 2008 14:13:10
Could not have agreed more RPK! Cheer up I know you are stronger than I thought, the good days are coming..... smilies/wink.gif
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written by hakuna, October 29, 2008 14:15:12
HI Pete - Love to read your article eventhough the full impact was subdued.Nevertheless, it is fantastic to just read a line or two from you.

WE CARE for you and hope a miracle takes place so has to have you with us.

Hang on , that is all I can say BUT you are always within us.

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written by Anak_Asia, October 29, 2008 14:17:40
Right now even a Black American with the name Barack Obama is able to run for the US Presidency.

Pls wake up Malaysia, don't always hide behind ones own race or religion.
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written by Anak_Asia, October 29, 2008 14:18:43
A great speech from Barack Obama :
http://my.barackobama.com/page/community/post/amandascott/gGgfGj
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written by liberal, October 29, 2008 14:21:49

Dear Pete,
Well said Pete. I think you have made a mistake by calling Malaysian to vote for oppositions regardless whether they are Keadilan, PAS or DAP. By right, you should exclude PAS in your calling. The 50% quota of housing development in Kedah proved one thing that PAS is even more racist than UMNO.
I’ve read in many postings/comments in MT that said PAS cannot be trusted because they have different political agenda. If that is the case, I see no different between BN & PKR. May be by omitting PAS out of the coalition, the NEW “ SOCIAL CONTRACT” can only be possible.
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written by Mr Smith, October 29, 2008 14:23:11
God to hear from you, Pete. Hope you get out soon and may God bless you and your family during this difficult times.
Yes, Malaysia Today is in good hands.
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written by ASK4u, October 29, 2008 14:23:15
YM RPK. so happy to hear from you. Meanwhile, I plead to you to maintain a low profile until your release. Please don't write on sensitive "issues" at least for the time being. Your freedom, safety and well being is the top priority for us now. We want you back in MT. I know that you don't give a damn to anything, including your own safety, as far as speaking the truth is concerned but please think for a moment about your wife and your daughters plus us also. We all need you.
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written by KUMON, October 29, 2008 14:26:24
Hi Pete,

It's really great to hear from you and actually miss you and your penetrating articles. You hit the bullseyes again. RACIAL CONTRACT not SOCIAL CONTRACT! Do away with Racial Contract!
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written by AuntyG, October 29, 2008 14:29:50
Hey, for Pete's sake, RPK is back ... (online i.e.) We miss you and think of you a lot, cos we think A LOT of you !

Economic and financial uncertainty is here, times will be more challenging. We should concenrate more on our "working contract" and self resourcefulness to feed our family. There might be less, or no such thing as "free lunch" ...
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written by Jit Dharma, October 29, 2008 14:34:39
The social contract 'issue' is the latest smokescreen that the BN is using in it's attempt to make it look like the only choice for this country.We will oppose it all the way by whatever means necessary.
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written by rakesh ram, October 29, 2008 14:34:58
Dear RPK,
Congratulations! This is an excellent article on the so-called 'Social Contract'. Very often some of our narrow-minded politicians will draw the 'Social Contract' issue from their holsters and start firing it indiscriminately at anyone who dares to discuss certain issues which are deemed sensitive. As rightly mentioned by you, there is no proof of the existence of this Social Contract, at least in written form. Okay, it could have been verbally agreed at that crucial time and moment - in 1957. But, let's all grow up. We are now 50 yerars old and here we are - still talking about race, rights, religion and contracts! If the politicians in Semenanjung Malaysia are warning the rakyat to abide by the so-called Social Contract 'agreed upon' in 1957, what about the 'Social Contracts' of Sabah and Sarawak? I am talking about the '18 points Agreement' of Sarawak and the '20 points Agreement' of Sabah which were agreed upon when we joined Malaya to form Malaysia in 1963?

Isn't it a 'taboo' to touch on these agreements? We have politicians from Umno touching on our special rights, especially on our immigration laws, our labour laws, etc. There are even calls from these politicians to do away with these agreements! If they are so protective of their special laws and contracts, so are we. We certainly are going to fight to preserve tehes 38-point agreements!

Any comment?
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written by taishan, October 29, 2008 14:36:58
Any contract, social, verbal or written with the UMNO thieves is not worth the paper it is written on.
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written by justinlian, October 29, 2008 14:39:27
As I mention before,
There is only one beautiful song can really fit in for RPK.
Maybe everyone should able to sing for him this sunday vigil lights.
He aint heavy, he's my brother.
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written by justinlian, October 29, 2008 14:42:45
We should remember to love our country and love the poorer malaysian.
And we should kick those people ass for currupting and playing racial all the while.
Get the other foot ready to make a bigger step this time to finish them off once and for all.
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written by Cikgu Bedah, October 29, 2008 14:43:20
We miss you, Pak Engku.
May Allah keep you and family safe.

We say no to Racial Contract.
Our Chinese and Indian brothers and sisters are anak watan Malaysia too.
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written by temenggong, October 29, 2008 14:48:51
It won't be long now Pet. Just hang in there.

I agree that we should withdraw the distorted, misunderstood and abused 1957 Constitution. It has served to well in imprisoning the malays in mediocrity and racism. Let us free the slaves! Let us have a new constitution, the one exactly proposed by the Reid Commission without the subsequent changes.
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written by hamid, October 29, 2008 14:48:56
Malaysia need MORAL Contract:
like Freedom from ISA, Freedom of Religion, Freedom from Racism, Freedom of Press

The social contract is found in Rukun Negara but UMNO-BN like to spin it into Racism is OK!! Malays need to think we are ALL humans with God given Freedom.!!

Malay failure is a reflection of your own PERSERVERENCE. ALL CHILD are BORN EQUAL. To hell to those rules and laws that say otherwise and hope those who maintain those IDEOLOGY ROT IN HELL!!
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written by Awang Hitam, October 29, 2008 15:04:12
MADHATHIR said 30% NEP target not reached yet! So tak bolih remove NEP, this still smell of racist breatdh and shit! The PKNS GM is a Chinese lady and non-Malay, PAS and UMNO say that's not right! must aware the Chinese and foreign companies are paying 75 to 85% of the taxes. What is wrong with a non-Malay holding the post. Idris Jalal is a non-Malay in case yese morons don't know, or pretend not to. They think only Malays can hold high positions in gov or quasi-gov companies.
The social contract never stated quotas for anyone, until Kuli came in as Finance Minister and started the Greatest Scale ever in givibng out quotats, AP's. Hello toyol of lowest order, it's time to think out of your sarong-covered box. Takut a non-Malay can do better than the previous goons ka?
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written by Mitch Yusmar, October 29, 2008 15:04:51
The fact that you are writing all this in detention shows that you are always thinking and voicing for the people and without a doubt...You truly are the spirit and Soul of all Malaysian.

It's still is a long journey RPK...but you know what...'Rome was not built in a day'...and as long as we stand together...united regardless of race, religion and gender...what we dream to achieve...we will achieve. Have faith!!!
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written by SocratesI, October 29, 2008 15:10:12

Good to hear from you again, Pete ! Great article, considering the conditions that you had to "write" it in. There is enough in it for us to read behind the lines and see that the bringing up of the "social contract" by the Rulers was in bad taste and totally irrelevant in this day and age. It would be seditious for me to say that the Rulers are irrelevant, but I am not saying that.

I am saying that what the Rulers said is no longer relevant. The Kedah PR Govt. is a major disappointment, and would serve as a warning to those who would "worship" political parties, and persons instead of embracing the universal values of Equality, Justice, Truth, & Freedom plus Civil Rights per se. What the Kedah Govt. should have done is to allocate 50% of the houses for the poor Irregardless of race or "kulitfication".

The PAS MB there is supposed to be Muslim ?? What he has done is neither Islamic, nor Constitutional, so can we stone him to death for Apostasy ??!! And I thought PAS was all for fair governance as espoused by Nik Aziz and Hadi Awang ... why have they not disciplined this MB of their ilk ??!! Where is their Islamic Principles ??!! Time for some soul-searching, PAS !!

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written by Frusmalaysian, October 29, 2008 15:17:23
Dear RPK, you have brighten up not only mine but all the MT community's day by your 'reappearance'. Thank you for being here for us despite your detention. Our thoughts are always with you. We wish you and your family well.
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written by Mark C, October 29, 2008 15:18:38
if only more bumis think like pete, life in malaysia will be much much brighter.

Can see the huge difference in Pete's caliber and thought process and that kulim MP....
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written by Bandit, October 29, 2008 15:20:47
You joking Brother Pete? The appointed guardians of Islam are blind to even feel that there was much injustice in the actual interpretation of that document. They did and are doing nothing to bring itand highlight it into proper perpective. Damn!! they know that Bor Pete should be charged under Syariah Law and yet Bro Pete in lingiring behind bars for so called insulting Islam under the civil Law. hat is this syariah Cout and Syariah Law for then?

Coming back to the topic, I mean after 50 years and they say that the 57 document is still relevant and a Pakistani, Bangladeshi and Indon or a Filipino who is a muslim though a foreigner with Mykad regarded as a bumiputera, should I a 3rd generation Malaysian qualify as a bumiputera and receive the same priviledges?....

They cant let go Art 153. It will be hell on earth. The "bumis" have learnt to only receive. Not give. No way will it be reviewed. The bumis with a self imposed superinferiority complex syndrome will remain a backward race for all eternity. The squatters are the real survivors.
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written by Kuku Burung, October 29, 2008 15:21:28
I am deeply amazed by RPK that despite the circumstances, he could still think and write with clarity and zeal. I wish we could have a direct probe to his mind and heart in MT. But what we really want is RPK out and be with us.

RPK is absolutely right in saying that what is termed "social contract" is really "racial contract". No one is questioning the rights and privileges of Malays, but to go beyond that like what Kedah government does is a bit outrageous. I am afraid, things might change against PR come the next election. What PR advocates, the just, fair, and good governance, seems to be overlooked by some.
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written by AngryTaxpayer, October 29, 2008 15:27:40
So good to be reading your post RPK.......even at such basic conditions, you still write one heck of a hard-hitting piece....God Bless!
smilies/smiley.gif
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written by JC Tan, October 29, 2008 15:35:40
Remove politics from religion and race.

Stop remove politics from everything non-political.

There is always hope.

-JC Tan
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written by biggun129, October 29, 2008 15:37:23
So many 'Contract' around, the 'Worst Contract' is the one sided contract signed solely by Syed Amid botak, it is called 'ISA Instruction Contract', binding RPK as the guest of Kamunting Camp for unlimited extended period of stay!!!
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written by teo siew chin, October 29, 2008 15:43:04
Dear Yang Mulia Raja Petra

How can you ever doubt that MT will be in good hands !!
The people of MT has the best sifu : a true leader will surely have the organization running just as smoothly even in his absence.
(It may have gone a wee bit sleazy...but heh, who's complaining smilies/smiley.gif)

The Federal Constitution IS a social contract.
And it must be read in its entirety and not 'selectively'.
The FC has been tossed around and mauled and abused and stomped on but deny it all you want, it is still The Federal Constitution !

(btw...sombody still manage to slot in Altantunya eh, and in the same breath as Moses, Muhammad and Jesus even!)

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written by Navigator, October 29, 2008 15:45:37
Social contract? When you go back to 1957, the social contract was that the Malays be given 25 years of PRIVILEGES (not RIGHTS) so that they can catch up with the non-Malays. Then they changed it to SPECIAL RIGHTS for perpetuity. This was done by bullying the other BN parties. This is history. You can check it up from the newspaper archives. If they have blotted it out, get it from the British Library.
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written by malsia1206, October 29, 2008 15:47:21
Just like the NEP, any 'social contract' would be manipulated and abused. The benefits it was meant to be intended shall fall on those who had already got all the wealth one could wish for. The abject and povert shall fall far behind. We are talking about Malaysia. Things always work the reverse manner. Talk is one thing. Walking the talk always end up in the opposite direction. The ISA is just but one perfect example.
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written by RBJ, October 29, 2008 15:50:45
Dear RPK,

A dash of water in the midst of a desert.....
Good to hear your voice though not audible but through your writing...
I just hope everything will get better...


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written by Taikohtai, October 29, 2008 15:54:36
Right on man. I found myself asking if a terrorist could write the above article. Not only can RPK explain right from wrong but it is so telling that he is writing from the heart, as always. PASSIONATE is the word.
Now none of the BN and component parties voted to repeal the ISA except one.
Again I asked myself why?
I believe the answer is that you can teach a person many things but one thing you cannot teach is GUTS. Fighting for your rights and that of others despite deprived of all resources is what makes a MAN.
RPK, you're the MAN. UMNO, MCA, Gerakan, etc are not even shadows in comparison.
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written by mamak, October 29, 2008 15:56:32
Yang Mulia Raja Petra,

Kebanyakkan nabi dan ulamak telah melalui perbagai cubaan hidup yang mencabar.

Imam Saffie, Imam Malik, Imam Hanafi adn Imam Hambali semuanya telah melalui kehidupan yang sukar bila menegakkan kebenaran. Kisah mereka boleh dibaca di sini : http://lenggangkangkung-my.********.com/

Martabat saudara adalah tinggi apabila berusaha menegakkan kebenaran.

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written by LC Teh, October 29, 2008 15:58:15
Hang on in there, mate. And keep writing. The candles will continue burning for you, even if not physically they burn on in our blogs.
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written by merlin2001, October 29, 2008 16:01:48
My dear friend Pete,
I cry for you every time I think of you in that dammed cell. Not to worry what you have written is good enough and loud and clear. We understand.
Fear not the DEVILS for life with them is temporary and your strong FAITH will see you through this evil doers.
I am staying calm and thinking 24/7 of how to get the BALLS of good Malaysian to rumble and set you free.
See you out soon my dear buddy.
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written by Beezee_Beezee, October 29, 2008 16:12:20
Pete..This is One Hell of a write-up on Social Contract. I put it to you that We have been colonised by the Japanese and the English. The Malaysian make it through to the Independant. Now we are being Colonised by the BN [Beruk Negara] It's the high time the Malaysian looks closely into this Articles and Our former De-Factor LAW Minister Book and works towards to fight for [New Malaysian SOCIAL COntract]

SYABAS RPK...You are our Mannnnnnnnn of Malaysian HEART. GOD BLESSES YOU and Your Family ALWAYS...INSYALLAH.
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written by Tompios, October 29, 2008 16:12:28
Bee gees: "I started the joke..." Yes, Malaysian government should review the "Social Contract" made in 1957. If there is no cut-off date for this matter than Bee Gees will start their legend song to bring us laugh and laugh to see the contradiction a nation so called Malaysian.

Malaysia is new Jews footprint. Jews number one, non Jews number two.
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written by gundohing, October 29, 2008 16:13:40
My perception of the BN govt has not change a bit. It has became evil after your detention.
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written by mikewang, October 29, 2008 16:21:45
Dear Pete.

You are precise to history and concise to the point.
God bless you and your family.

We are better because of you.
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written by biggun129, October 29, 2008 16:22:13
Is 'ISA' one of the 'Social Contract'??? if not, the authorities should not have taking care of RPK, and keep him at Kamunting Camp!!!
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written by born2reign, October 29, 2008 16:24:38
RPK I salute you! Even in detention your sense of justice ring out loud and clear, and definitely sweeter than any loud speakers.

I agree with you that govts are just groups of sinful Adams who wants to hold on to power and commit murder (remember the first murder was between brothers).

The Pakatan Rakyat Kedah state government’s ruling of imposing a 50% Bumiputra quota on houses in the state does not help either. Why 50%? Why even 30%? Should in the first place there even be a quota?


I would love for this policy to go in force. You know why? The target market of Malay property buyers is a low income and high debt one, hence there will never be increase in any Malay property prices with this ruling. Study the property market in KL. Most of the property traders are non-Malays, because Malays either have no money or buy unwisely. If you hold a property with bumi-status, it is very difficult to find a buyer and even the bumis who want to invest in properties buy non-bumi lots. This is reality. If in KL with so much properties bumi lots still have no buyers do you think in ulu Kedah the property market will be better than KL? Unless PAS can create Kedah into a next Penang or Singapore (scarce land and high economic activities)

The Malay handout mentality will again slap the Malays in the face, just like the NEP, they will be left holding a house, a huge mortgage but no resale value.
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written by malaysianohope, October 29, 2008 16:38:41
Abang,

Your proposed Social Contract is actually realistic, achievable and equitable, in the sense that the hard core poor,regardless of race, are given assistance where they needed most. As for those who are above poverty line, everyone is given equal opportunities to succeed and so prosper thy neighbours.
The only problem is whether the myopic people in power are willing to accept your idea but knowing them they will lose their rice bowls (ill gotten gains).
My immediate concern is whether there are any sane people left in power who can do something to get you released from this illegal detention. I've already given up hope on Anwar.
My Prayers!
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written by born2reign, October 29, 2008 16:42:03
This social contract is liken to a pie shared by the Malays and non-Malays. As more legal and illegal Indonesians come in to share this pie (other than rob and kill), the non-Malays are left with crumbs. However, the non-Malays are good with baking more pies and selling pies, but the Malays enviously viewed this as non-Malays eating from their original one and only pie.

The root cause is NEP, and the NEP specifically ensured the Malays will be denied baking skills and baking salesmanship, and the Malays will starve ever, ever after. The NEP insists that if the pie is as hard as a rock, the Malays will get a professional bakers cert, while the non-Malays must bake the most delicious pie to even enter baking school. So the non-Malays learn many languages and designs to sell their cakes and improve on baking techniques. Non-Malays continue to prosper.

From history, the only social rule is the Prosperity rule. The one that is more productive with whatever little resources/talent given and generous to poor and needy will continuously be blessed with overflowing and cup running over.

Hence this is the secret why the poor becomes poorer and the rich becomes more prosperous. Looks like whether BN or PAS, those in power are just power hungry or plain fools.
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written by mob1900, October 29, 2008 16:50:56


This 'code of silence' has enriched countless Barisan Najis Warlords and deny the Poor real aid and yet, we kept this Omerta going by not even questioning what it really is.
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written by ez24get, October 29, 2008 16:51:08
The Federal Constitution contained written specific matters on the Malay Sultanate, special position of the Malays, Malay language, Islam as the religion of the Federation, Malay reserve land and special weightage for rural constituencies over urban ones for electoral purposes. State Constitutions of the nine Malay states contained provisions that the Ruler must be a Malay-Muslim and, subject to the discretion of the Ruler, the Menteri Besar must also be Malay.

The above written Federal Constitution has been agreed by all Malaysians without question. There is no dispute on these matters. The dispute is only in regard to the unwritten social contract purportedly claimed by certain UMNO leaders to have existed which allocate them a certain percentage of shares, contracts, scholarships , employment in civil service and monopolistic ownership in all sphere of public entities. The dispute is particularly so when the ordinary Malays do not benefit from the unwritten social contract but allowed the UMNOputras to enrich themselves and the means to plunder the nation without question.

The following questions are raised on the unwritten social contract which goes further than the Federal Constitution:

1. the social contract is entered by our fore-fathers in 1957. The contract is signed between A, B and C. The children of the fore-fathers are D, E and F. How could an agreement signed between A,B and C be enforceable on D, E and F? For that matter how could the agreement be binding on the grand children, great grand children and great, great grand children of the fore-fathers.

2. How could the right of an Indonesian immigrant granted Malaysian citizenship qualifying as bumiputra just 1 year ago have a greater standing than a a non-malay descendant who has long been a citizen in Malaya for several hundred years since 1400?

3. How about those non-malays who are already citizens of Malaya before the social contract was signed in 1957? There were already 4 million non malay citizens by 1938. Obviously this group of people should not abide by the social contract.

4. How about Sabah and Sarawak who joined Malaysia later and who are not part of the social contract? Why should they abide by the social contract?

5. Why was the social contract other than those appearing in the Federal Constitution as claimed by certain UMNO leaders to have existed not put into writing?

6. Why was it is a "social" contract but the implementation is a "racial" contract? Could this be what was originally envisaged - no link between citizenship and the special position of the malays. It is not a quid pro quo.? “Social” would mean regardless of race - reducing the gap between the rich and the poor.


7. It is mentioned that the social contract was signed in 1957. It is also mentioned that after the 1969 racial riots, the drafting of the New Economic Policy (NEP) and the Constitution Amendment of 1971, the Malay features of the Con­stitution were greatly enhanced. This clearly showed that the NEP came into being only after 1969 and only after the social contract has been made. Therefore, it is clear that this is not part of what our fore-fathers have signed and not part of the social contract. It was a administrative policy made by one man, Tun Abdul Razak - and therefore not an agreement!

8. Matters arising from amendments to the Federal Constitution after 1957 should not be part of the social contract as it did not involve our fore-fathers as it was not signed by them.

9. Why matters on social contract cannot be discussed or debated?
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written by Malaysiaputra, October 29, 2008 16:51:39
Bro. Pete, you speak as a true Malay Malaysian and many Malaysians of all races look up to you. Unlike some of the "pirated" hop on the wagon Malays who betray their ancestors so that they can take advantage of the policy of helping the less advance Malays (formulated during the 1950s.) to their own advantage.

Malaysians today look at each other in terms of racial origin due to TDM's divide and rule policy which was to keep him and his cronies in power then.

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written by educationist, October 29, 2008 16:53:30
REading this is like a breath of fresh air compared to a piece in The Star today by an UiTM law professor.A very pertinent point indeed - a thousand years from now are we, descendants of the early migrant workers to be bound by this social contract.
Yes, how does the social contract applies to the Indonesian migrant granted bumiputera status just after a few years here.
RPK says he has no inkling as to the purpose of the Conference of Ruler's statement. Yes, we have to accord it due respect but it is time to discuss this social contract openly in a calm and rational manner.
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written by truthbespoken, October 29, 2008 17:10:41
Dear Bro Pete,

You are so right about the so-called "Social Contract". YES, it is a racial contract! Not only this one. The NEP is also a racial policy! These are all ‘bungkus’ nicely under the call of national interest whereas its actual intentions and implementation are racist to the core in nature!

Do we also not see the similarity in approach when it comes to UMNO and BN? UMNO makes all the racist decisions under the cover of BN which says that they are carrying them out in the interest of Malaysians! Can anything be more fake in UMNO’s approach than implementing these so-called contracts and national policies? Can anything be more insincere in approach when UMNO talks about looking after the interest of the Nation and all Malaysians?

Yet we now have the trouble-maker Mahathir coming out to say that it is still not the time to relook at the implementation of these obsolete and extended one-sided contracts and policies. What a stumbling block he is always to National Unity and integration! Malaysians will never be true Malaysians with people like him around!

Perhaps the time will only be right for Malaysians to start integrating when this incorrigible Indian who smoke-screened as the protector of sectarian rights, not Malaysian rights, passes on!

Please continue to be strong, Bro Pete! Take good care.
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written by Kathy, October 29, 2008 17:28:43
That precisely is what Anwar has been preaching when he proposed a new policy to replace the NEP. If the new policy is not based on race but on needs, it would still be the Malays who benefit but this time it would be the real poor. At the same time other races who need help will also benefit.
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written by kkselvam, October 29, 2008 17:41:56
And the NEW “Social Contract” should no longer be a verbal contract but chiseled in stone. And it should be a contract to take care of Malays, Indians, Chinese, Portuguese, Ibans, Dayaks, etc. As long as you are poor, meaning earning below RM1200 then you are taken care of. That should be Malaysia’s NEW SOCIAL CONTRACT.

What are you guys in MCA,MIC and Gerakan waiting for? Look at how our YM Pete put forth not only his view but also his vision for our Malaysia to move forward. Stop hiding behind that stupid UMNO and come join PKR to realise his DREAMS. Until you guys don't come forth, I shall call classify MCA,MIC and Gerakan leaders as eunuch! Period.

Long live RPK! Free RPK!!
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written by clarity, October 29, 2008 18:14:45
Why has it got to be RPK standing up for our rights? Where is MCA and MIC?
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written by clarity, October 29, 2008 19:05:51
Is it too much to ask for everybody to be at the candle vigil for HIM this Sunday?
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written by MalaysianFirst, October 29, 2008 19:09:00
We can continue to rubbish the "social contract", bad-mouth it, pissed on it, curse it, analyze it, abhor it, burn it, until kingdom comes. As far as BN is concerned, they are the government and they will interpret it the way they want and THERE'S NOTHING WE CAN DO ABOUT IT!!!!!!!!!!!!!

The only way is to change the government to one that will manage its economy well and create wealth for the country, and with the wealth created, look after its poor citizens irrespect of racial origin or religion.

I can assure you, we can all argue for another million years about the inequality and injustice of the "social contract", or "racial contract" as RPK puts it, it will be fruitless. BN, through various tough oppressive laws (don't say this, don't do that or you go to jail), has been able to continue governing the country with some resemblance of peace and harmony but at the expense of economic progress. Get rid of BN and, voila!!, we will have peace and harmony AND ECONOMIC PROGRESS.

SAY NO TO BN!!!!!!!!!!and the "racial contract" will disappear......
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written by kenny, October 29, 2008 20:16:52
written by MalaysianFirst, October 29, 2008 19:09:00

Very well said, my friend.
We just have to keep on educating the people we come around with.
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written by 2edgedsword, October 29, 2008 21:12:28
The social contract is historical and it works against the Malays today. It deprives the Malays of competing with the best. Competition according to rules meant for both sides will bring out the champion, just like in sports.

The best way to weaken a race is to give it everything it wants without having to work hard to earn it. Moreover, NEP is apparently abused to favour those in power.

The majority of Malays should realize that UMNO is using the NEP to enslave them so that they feel dependent on UMNO for survival, ensuring their votes to remain in power. The silent majority should expose this lie. Malays as a race have no handicaps per se. It is UMNO that dispenses crutches to them.

MPs are suppose to be law-makers. Their job is to review, repeal, make new, or fine tune laws to suit the times for the bettermnent of citizen and country. This, they have not done well.
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written by bexe, October 29, 2008 21:57:22
Hail Bro
We miss you. These pages miss you and the country miss you. Since your incarceration we have lost our moral and ethical bearing. We have lost the special edge that magical strikers have as they direct the ball into the net- incisiveness, 6th sense, courage, creativity, speed, intuition, tenacity- all rolled into one.

Meanwhile the country is going to pot at an accelerated rate. The UMNO money politics machinery could have even worked itself into the Royal Chambers with no one brave enough to question or check its sinister progress.

With the clock winding down our PM remains hopelessly ship-wrecked. He is unable to take this dying opportunity to bring about even one promised reform. We missed your big boot which may have pushed him to maybe deliver one of the 5 he gave himself to achieve.

Najib seems to be on his way to the throne with his wife at his side, baggage and all. Again we miss your courage and telling evidence to stop this roll.

Mahathir (an unelected official) has been given so much room that he is the defacto PM. We miss the checks and balances you bring to our political landscape.

The country needs you back.
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written by Free Malaysia, October 29, 2008 22:07:58
Anwar Ibrahim, Nik Aziz & Lim Kit Siang,

I hope you guys read MT. Should you guys do form the Federal government, please dont forget your promise to abolish the ISA for good. And RPK should be waived from ever paying income tax for the rest of his life.



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written by temenggong, October 30, 2008 00:00:31
There is no social contract!

Please remember that the draft prototype constitution was ready in 1946, the Malayan Union, which the malays objected to for other reasons, certainly not jus soli, citizenship, or special position of malays. Such heretical ideas did not exist then. In 1946 umno did not even exist!

In 1947 the Human Rights Charter was drafted and THAT was the basis of most constitutions of former colonies. The 1946 Malayan Union draft constitution was the forerunner to the 1957 constitution.
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written by Milo, October 30, 2008 00:24:24
Listen to Obama latest speech. Our national leaders have a lot to learn. http://www.youtube.com/watch?v=pWe7wTVbLUU
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written by Sinewy, October 30, 2008 01:43:17
Once there are 4 POLs (Prince Of the Land), namely Petani, Nelayan, Korporat and Gomen. Gomen runs the country that has a afirmative discrimination (AD) policy against Non-POL citizens. As a "public servant" in the country, Gomen must not involve in business, but he has to make sure that the AD policy's objective of achieving 30% equity in the business enterprise is ahcieved. When a Non-POL builds up an enterprise for public listing, Gomen will make sure that Korporat gets 30% of the equity in this enterprise. So the objective is met. But then Korporat sells all the shares later and make a huge profit. He is now richer than the Non-POL who builds up the enterprise. And now Gomen asks the 3 POLs, that is, Petani, Nelayan and Korporat to make noise that the 30% equity holding by POL is not met and they should demand that POL must get back the 30% according to the AD policy. So Gomen will then enforce the AD policy and again 30% of the share in the enterpirse be passed on to Korporat again while Petani and Nelayan, after having made the noise, will happily go back to struggle for their living. Later, because of the good profit, Korporat sells the shares again and become even richer, but then the objective of the AD policy failed again. So the cycle repeats itself until Korporat is filthy rich while Petani and Nelayan remain in their struggle for a living, but they will be called upon to help to shout on the defence of Supremacy of their race.
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written by shepherdvoyage, October 30, 2008 02:05:41
Why shouldn't all Malaysians be treated fairly and equally? Each and every one of us does our bit to help develop this land, so why does race matters? When will the day when we will no longer be required to state our race in the forms come? The government should focus more on how to improve its image to be more efficient, competent and trustworthy instead of concentrating on how to divide a CAKE among different races!
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written by hamid, October 30, 2008 05:01:02
IF SABAH & Sarawak don't Jump to barisan RAKYAT in the next 2 weeks, They will have Foregone their CONSTUTION Right that was Equal to Singapore, Malaya , Sabah Sarawak. Then Sabah & Sarawak DESERVE to Suffer and dream about Progress and be CONDEMN Forever in the Scrap heap of 3rd world 4th world.

This is Sabah Sarawak Moral Contract for a better Malaysia!!
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written by jasongaust, October 30, 2008 06:36:33
Thanks for writing brother. No matter how you write it, where you write it, your message is always simple and clear, straight from your heart that touches millions of hearts in Malaysia and world over.
Keep it up RPK, God Bless You.
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written by JJFoo, October 30, 2008 08:53:16
Rakyat don’t be fooled! “Social Contract”……………†¦ a fragment of imagination?

Any “Social Contract” if existed, was done before my time without any hard copy to prove it.

An unwritten contract will be eventually be subjected to wide ranging interpretations at the “whims and fancies” of those in power for self-serving purposes only. Just imagine the grave implication if BN were to be allowed to do the interpretation, in worst case, interpreted with ways to supersede “The Constitution”. Sometimes I do wonder is this the ultimate aim of this Ho! Ha! about the “Social Contract”.

If this “Social Contract” existed and apply in this present time, it can only polarize the society further (thus serving only those racist orientated political parties) rather that to unite and create a true single united Malaysian race.

Any acknowledgement of this so called “Social Contract” or any attempt to create and write it down as a contract would be a disastrous mistake, at worst, perilous to Malaysia as a nation.
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written by sydput, October 30, 2008 11:12:07
We can conclude that there is no documented social contract to begin with. There is also no definition of the word bumiputra which is legally defined.
PKR should question these in parliament.
The so called social contract seems to be protecting the elites in the malay society. Hence the reason why they can bend rules and get away with criminal activities, like the forged AP scandal many years back.
I now understand the reason why the british wanted to introduce Malayan Union. It was to cut bereaucratic red tape and enhance effectiveness and efficiency in administration.The failure of Malaysian sports is due to numerous state affiliates. Same with government.
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written by InEffective, October 30, 2008 11:14:22

Its quite illuminating that DrM drove the highly flexible definition of 'Malay' into the constitutional amendments, but strategically refused to define the word 'Bumiputra' in the constitutions.

Procedurally, these amendments were rushed through parliament without real debate.

The Rakyat was either sleeping, and just simple-minded to understand the consequences of these changes. (our former premier is really smart and knows how to win - usually at your expense).

Teaches you a strong lesson -
"if you believe that you are above or beyond politics and refuse to get into the trenches, you will eventually by governed by peoples who are a lot less capable, trustworthy, ethically sounds as you" - 'some quote from some greek philosopher' - can't remember lah.
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written by sydput, October 30, 2008 11:21:05
Come on Rozlan- whether we like it or not, Malaysia is not the mono-ethnic country you used as examples. Even muslims change. They used natural voices when making the azan 1400 years ago to present day loud speakers and amplifiers.
If Malaysia is a mono-ethnic malay muslim country as you seems to suggest, then life in this country will be very boring indeed, with prime development areas rekindle kampung bary and kampung datuk keramat rather than bukit bintang and mid-valley.
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written by tbsbidayuh, October 30, 2008 15:43:23
Social Contract Reminds me on Apartheid era in Africa where white was always white and powerful in stealing others's right.

In Malaysia, the malay used Social Contract as the act of Apartheid to continue to undermine those who contributed most to the country, the rubber tappers and the fish mongers. Better still, Social contract is Apartheid to non-malays. I am sorry to say that.
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written by DontPlayGod, October 30, 2008 17:46:34
The social contract is nothing more than a watered down version of S. Africa's Apartheid Policy in the early 90's. Like the apartheid policy, it is a racist discriminatory policy, a master-race/superior race and slave policy, and another version of Hitler's master race policy.

UMNO, I've got it right, haven't I? If not, why the need for this "social contract"? BTW, was there a "social contract" agreement in the first case? Or it was an item cooked up by some UMNO politician? If it is not written in the constitution, why should UMNO talk about it?
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written by panca, October 30, 2008 18:54:06
The 'Racial Contract' termed by Pete best desrcibed what the Malaysia Politics by umno has thus been living on this racial card. Under the pretext of championing for the Malays, IS absolutely of a parasitic host upon the others, albeit common knowledge that by lying and cheating every other Malaysians all the time, first to the Malays themselves.

Until and unless politicians are sincere to change this country to a One Nation which requires sincerity and real political will from Pakatan Rakyat(PAS have since default by introducing such unlawful measures that is against the Malaysian spirit through racial division. This is why we will continue to fall behind under short sighted politicians as what Rais put it, we are not voting for credible leader and I must add, only leaders that can unite the all races, MALAYSIAN. So this "SOCIAL CONTRACT" be first put right otherwise we will be still living not without progress but backward under the administrator of Cave Dwellers.

This is a great failure to implement change for all and PAS has followed the footsteps of umno survival kit. No races should be mistreated. Good causes must serve all regardless of race and religion.

Pete, we always hear you.

And those politicians, better hear aloud, don't be lame, OPEN your ears not your rear. We don't need further divide, we will change you come the time!
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written by panda, October 30, 2008 19:30:29
hi pete

great to read ur penned article, doesnt matter if its not up to ur usual std, its still you !!!!!!!!!
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written by Joelim, October 30, 2008 20:48:15
The Star today reported a 17 year old boy named Mustakim Minsawi fell off his motorbike and died trying to apprenhend 2 snatch thieves near Dataran Merdeka. He was thrown off his bike after it was kicked by the thieves' accomplices who came out of nowhere. He died of head injuries. For his courageous act and thoughtfulness putting others above himself, Mustakim Minsawi is undoubtedly a HERO.

May I ask Malaysia Today to organise an urgent donation to help the family of Mustakim Minsawi who are in bereavement as I write this message. Bloggers please donate generously to our HERO.

Joe Lim
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written by Siapabohong, October 30, 2008 21:43:24
A term coined to legalise the act of bullying others and to shut up those who dare to protest and systematically & unknowingly turn them as a submisive community.
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written by DontPlayGod, October 30, 2008 21:44:07
Navigator wrote, quote:

"When you go back to 1957, the social contract was that the Malays be given 25 years of PRIVILEGES (not RIGHTS) so that they can catch up with the non-Malays."

No, its not 25 years, its agreed that 15 years of special privileges be given to the Malays to catch up. But its been 51 years, and the Malays have still not caught up. Najib now says the special privileges(not rights) be extended forever. From what I can see, if after, say, 15 years, or even 30 years, the Malays have not caught up, then they never will, thanks to UMNO for making the Malays weak and getting them used to walk with crutches. UMNO have made the Malays dependent on UMNO, so that UMNO will be in Government forever.
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written by pixieface, October 31, 2008 01:11:53
SOCIAL CONTRACT!! WHAT SOCIAL CONTRACT!!!!! HUMBUG.
IS NEP D SOCIAL CONTRACT. HAVE THE POOR MALAYS BENEFIT FROM IT OR THE UMNOs.
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written by jasongaust, October 31, 2008 13:06:17
"" So I would like to asked my fellow non malays.If I migrated to China,Taiwan,HOngkong etc and acquired my citizen ship over there but keep on living as a malay and muslim and.Do you think I managed to get the top leadership over there? I was made to understand that muslims were not evern allowed to pray in China ""...

Stop the barking you Rozian idiot! There are millions of muslims in China and they pray just like any muslim does in other countries.

Get yourself better informed first before you open your big mouth! You are no difference to that moron Zul, good for nothing!!

I don't believe you'll get any 'top leadership' anywhere with your pea brain, you are like I said, good for nothing so please do not debate on the subject any more, just concentrate on your growing up!
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written by Taiping60, November 01, 2008 13:26:52
Raja Petra, we pray GOOD will prevail over EVIL. You are our hero and your sacrifice to Malaysia will be remembered. We value those who want to do good to malaysia and malaysians.

On social contract, it should not have anything to do with races. What we need to focus is how to help the poor regardless of race. If there are 95% of Malay who are poor than we should help 95% of those Malay who are poor and the 5% of others. There should not be quota for help specifc race. We should help all races. Once all Malaysians are treated equal then the real sense of togetherness as Malaysian will naturally come in. So plese UNITE us and not DIVIDE us.
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written by kavidibaku, November 02, 2008 14:34:10
Rozlan,
"Go to Japan.Anybody who acquired Japanese citizenship will have to change to Japanese names"
I know Koreans who live in Japan since Korean-Japanese war. They still use Korean names, dude. Get your information correct before talking.

"The rule does not change.If anybody migrated to any country the first condition is he should aclimatized an assimilated himself with the host country"
Rozlan,
If you migrate to a christian country, will you embrace christianity to get assimilated yourself with the host country?
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written by azree, November 04, 2008 00:42:24
Hey Rozlan,

I have seen some of our fellow Malaysians who have been whose family have been here for generations and given their energy, blood, sweat and tears for this country and yet they still live in poverty. Indons come here and suddenly they are bumiputeras and reap its benefits ... is this really fair??? Why are we degrading the lives of our fellow Malaysians??
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written by carribeanking7, November 10, 2008 11:00:57
The Federal Constitution is a majestic document.

The more I read it over the years the more intrigued I become,
having said that--this sacrosanct document has been subject to a barrage of amendments because the ruling BN held 2/3rds of parliament and could amend it willy nilly.

Example -
Article 121(1A) states that the High Courts and inferior courts shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah Courts.

This clause was introduced not by the original authors but introduced in 1988.
In December 2007 ,Opposition leader Lim Kit Siang has called on Gerakan and MIC leaders to propose at the Cabinet meeting that Article 121 (1A) of the Constitution be amended in view of the controversies relating to the burial of Muslim converts.
He said the Cabinet should be bold enough to consider an amendment to rectify the injustices which were never intended to be created by Parliament when the constitutional amendment was enacted in 1988.

In todays parliament it is unlikely that BN can garner the support of the opposition to push through such an ammendment.

This is just but many of the ammendments, so much so when you read some parts of the constitution it seems like a botch job.

political opportunist love to brandish article 153 but never mention that
Clause 9 of article 153 states Nothing in this Article shall empower Parliament to restrict business or trade solely for the purpose of reservations for Malays.

They also conveniently do not mention that Article 153 is limited by Article 136, which requires that civil servants be treated impartially regardless of race. Clause 5 of article 153 specifically reaffirms article 136 of the constitution which states: All persons of whatever race in the same grade in the service of the Federation shall, subject to the terms and conditions of their employment, be treated impartially.

When even politicians like Azalina and Khairy glibly quote the constitution without even understanding the spirit and intent, what can one expect from the man on the street ?

I have written articles before that pointed out their ignorance

Here
http://malaysianpolitics.*********.com/2008/07/11/according-to-the-constitution/



and here
Nothing in constitution about road names
Vijay Kumar Murugavell | Jul 25, 08 5:58pm

http://www1.malaysiakini.com/letters/86746
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