Where Are We As A Diverse Nation

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Malaysia began its journey as an independent nation on Aug 31, 1957, as the Federation of Malaya - a union of 11 states, established as a constitutional monarchy and a parliamentary democracy.
The foundation of our independence was laid on democratic ideals and institutions.
From the outset, we were proudly multiracial, multicultural, and multireligious. Leaders of the major ethnic groups came together to craft a Constitution that guaranteed unity in diversity - a document that recognised difference but held out the hope of shared nationhood.
It enshrined fundamental liberties for all citizens and set the rules of coexistence in a plural society.
ADSGreater federation, constitutional promise
In 1963, Sabah and Sarawak joined to form the larger federation of Malaysia, bringing even greater diversity.
The Constitution was the glue meant to hold us together - promising freedom of religion, equal protection under the law, and a system of governance based on checks and balances.
We believed - or were led to believe - that our constitutional freedoms were inviolable and not dependent on political strength.
No government, however strong its majority, could change the basic structure of the Constitution or remove its essential components.
Or so we thought.
Judicial power: Under siege and reclaimed
Great judges like Suffian Hashim and Sultan Azlan Shah may not have fully endorsed the basic structure doctrine in their time.
They did, however, hold fast to the belief that the Constitution was sacrosanct, and that the judiciary was a co-equal branch of government, vested with its own authority and purpose.
They did not foresee the open assault by Dr Mahathir Mohamad on the judiciary in the 1980s.
Mahathir sought to strip judges of their constitutional powers, asserting through constitutional amendment that the judiciary had only such authority as Parliament chose to give it.
It was a direct challenge to judicial independence and to the very architecture of our Constitution.
ADSIn time, the Federal Court pushed back. In a series of landmark decisions, the judges reaffirmed that judicial power devolves through the Constitution and cannot be removed by amendment, no matter how large the majority.
The basic structure doctrine was finally and forcefully asserted as part of our constitutional law.
Reform promised and deferred
In 2018, Pakatan Harapan’s electoral victory was built on a manifesto of reform. They promised to strengthen our democratic institutions, to reinforce judicial independence and to separate the attorney-general’s advisory and prosecutorial roles.
These were not radical demands. They were the very safeguards long called for by civil society, lawyers, and judges, past and present.
However, the implementation of these reforms has been painfully slow. There is resistance.
And the question must be asked - why are such basic safeguards still controversial?
A nation transformed
Malaysia is no longer the nation it was in 1969. Major structural and demographic changes have occurred.
The civil service and armed forces are now less than 10 percent Chinese and Indian. More than 90 percent of Chinese children attend Chinese vernacular primary schools, many continuing into independent Chinese secondary schools.
About 50 percent of Indian children attend Tamil primary schools, often transitioning to national secondary schools where their lack of proficiency in Bahasa Malaysia holds them back.
Eighty percent of public university graduates are bumiputera. In contrast, Chinese Malaysians dominate private university enrolment.
The ethnic composition has shifted: Bumiputera now make up 70 percent of the population, projected to reach 80 percent by 2060. Of that 80 percent, about 12 percent are the indigenous peoples of Sabah and Sarawak.
Chinese Malaysians have dropped to about 23 percent, and Indians to around seven percent, due to lower birth rates and emigration.
This demographic shift has dramatically altered our political narrative. Non-Malay participation in government has declined. Racial polarisation is evident in some areas. And increasingly, some political voices question whether diversity still matters.
We hear rhetoric of siege - portraying Malays and Muslims as under threat, despite their overwhelming presence in public institutions, education, and governance.
Building a cohesive, integrated community committed to the welfare of the whole is a major challenge for responsible government and community leaders.
People in transition
A whole generation has grown up with no memory of colonial rule or the struggle for Merdeka, when the races came together in a common cause.
Today, we have generations of Malaysians whose attitudes and expectations are shaped by new realities.
The concerns of most Malaysians - whatever their ethnicity - have begun to converge. They want economic security. They want employment. They want business opportunities. Cost of living is a major concern for more than half the population.
Poverty remains a persistent issue. Billions of ringgit have been spent on schemes designed to end poverty, but many of these schemes have failed to build resilience or foster enterprise.
School dropout rates remain high, particularly among disadvantaged communities.
Among Indians, systemic barriers in both the public and private sectors have left many young people behind. Some fall into gangs. Many fall through the cracks. Indians form a disproportionate number of Malaysia’s prison population.
And few of us give a thought about the 200,000-plus Orang Asli who have the highest absolute poverty rate in the country.
A class-based approach to poverty eradication is called for, where the emphasis is on affordable housing, health, nutrition, quality education and skills training.
This approach will bring people together. It will reinforce community links. And will transcend race.
Diversity as strength still possible
Malaysia is home to over 60 ethnic groups speaking more than 130 languages. We are Muslims, Buddhists, Taoists, Hindus, Christians, Sikhs, Jains, and followers of the Bahai faith.
This is a mosaic of cultures and religions, unlike almost anywhere else in the world. We could be a model for pluralism - a nation united in diversity, peacefully plural, harmoniously interwoven.
And in many ways, we still are. On the ground, people get along. There is quiet harmony in daily life. Inter-ethnic friendships, shared workplaces, and mutual respect are far more common than the politicians would have us believe.
But the peace on the ground is often undermined by voices in power. Some politicians persist in stoking identity politics. They speak of ethnic dominance, promote religious theocracy, and claim that one community threatens another.
This is dangerous.
It divides what was meant to be whole. It pushes minorities to the margins. It breeds resentment, misunderstanding, and fear. It creates false narratives of siege. It discourages interfaith dialogue. And it fractures our shared sense of nationhood.
A Constitution under strain
We are held together by a Constitution that speaks for all of us. It guarantees our freedoms and fundamental liberties. It declares us all to be equal under the law, enjoying the equal protection of the law.
So far, our Constitution has held firm under the watchful eyes of our judges. Our judges continue to uphold their oath to interpret and apply the law without fear or favour. They remain, for now, the last guardians of our democratic compact.
But the tension is growing.
Some politicians increasingly seek unchecked power. They want to govern without restraint - without courts, without critique, without accountability. They view the Constitution as an inconvenience and civil society as a threat.
This is the great constitutional struggle of our time: The rule of law vs the rule of man.
Nation within a nation?
Sabahans and Sarawakians have long experienced a sense of exclusion and neglect. The promises of development and parity made in 1963 remain largely unmet.
Despite their abundant natural resources, they often feel they give more to the Federation than they receive. Their situation speaks volumes for the failure of leadership at both the state and federal levels.
Indians, too, feel excluded - from both the public and private sectors. Despite their deep contributions to the country’s history, education, and economy, many feel locked out of opportunity, leadership, and upward mobility.
They are excluded by policies and practices that dictate racial preference. The old policy of leaders of their respective communities, looking exclusively after the interests of their own communities, does not work especially for minorities. Leaders must be leaders for all.
And then there are demands like those made by Mahathir, calling on Chinese and Indians to shed their cultures and languages as proof of loyalty.
That is neither realistic nor necessary.
Cultural eradication is not patriotism. Malaysia’s strength has never lain in uniformity. It lies in embracing - not eradicating - difference.
Are we so disillusioned with our diversity that we now seek to eradicate it? Do we not realise how much strength, creativity, and resilience it brings?
Do we not see that most Malaysians are comfortable with - even proud of - our multiculturalism, despite the political noise?
If we lose our diversity, we do not just lose the colourful tapestry of multiple cultures and languages, but we also lose the Malaysia we enjoy and love.
Democracy, rule of law, judicial independence matter
In a society as diverse as Malaysia, where more than 60 ethnic groups, multiple faiths and cultures and more than 130 languages coexist, the only glue strong enough to bind us is trust in shared rules.
That is why democracy, the rule of law, constitutional supremacy, and judicial independence are not abstract ideals. They are our survival code.
Democracy gives every citizen a voice. It allows grievances to be aired peacefully, ensures representation, and protects the rights of all - especially minorities.
The rule of law ensures that no person, race, or party is above the law. It prevents tyranny, whether from the state or from the mob.
Constitutional supremacy is our social contract. It assures the Chinese that they can build schools, the Indians that they can worship freely, the Malays that their religion and language are respected, and the people of Sabah and Sarawak that their rights are secure.
Judicial independence guarantees that this contract is upheld - not by force, but by integrity, courage, wisdom and the strength and power of judicial reasoning.
These are not just the foundations of government. They are the conditions of our peace. They are the terms of our coexistence.
They are the promises of our Constitution - and the pillars of a Malaysia worth saving. - Mkini
DAVID DASS is a lawyer, Malaysiakini subscriber and commentator.
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.

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