The Iraqi government is contemplating using the Malaysian Constitution
as a template for its own. Malaysia is an Islamic state that has constitutional freedom of religion. Malaysia also has three large ethnic groups; Malay, Chinese and Indian. It appears that the Iraqis see similarities between Malaysia and the Shiite, Sunni and Kurdish issue.
The
Malaysian Constitution
came into being in 1957 and is a federal constitution. It declares itself an Islamic Federation but with recognition of religious freedom:
Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.The document contains a section on fundamental liberties which includes basic rights such as not being deprived of life or liberty except under the rule of law: being able to sue the state to ensure detainment is not unlawful: the absence of slavery or forced labour: legal equality: and many more. However like the Canadian Charter of Freedoms these liberties are not inalienable and Parliament may suspend them in order to ensure the security of the federation. The constitution includes the requirements for citizenship, which suggests that the founders of the Malaysian nation did not trust parliament or the parties with that responsibility in statutory legislation. I think this is why Bangladesh has the non-party caretaker government in its constitution - they did not trust the party in majority government to do it in good faith. The head of the federation is the Yang di-Pertuan Agong who is elected by the Council of Rulers every five years. There is also the Timbalan Yang di-Pertuan Agong who is the deputy supreme head of the federation. There are constitutional restrictions on the Yang di-Pertuan Agong:
(1) The Yang di-Pertuan Agong shall not exercise his functions as Ruler of his State except those Head of the religion of Islam. (2) The Yang di-Pertuan Agong shall not hold any appointment carrying any remuneration. (3) The Yang di-Pertuan Agong shall not actively engage in any commercial enterprise. (4) The Yang di-Pertuan Agong shall not receive any emoluments of any kind payable or accruing to as the Ruler of his State under the provisions of the Constitution of that State or of any State law. (5) The Yang di-Pertuan Agong shall not, without the consent of the Conference of Rulers, be absent from the Federation for more than fifteen days, except on a State visit to another country.The Conference of Rulers appear to be like an extended religious Governor-General where the Yang di-Pertuan Agong is the Governor-General. It seems practise is that the hereditary Sultans vote in this Conference of Rulers, but the titular Governors of four states in the Federation abstain. For instance they are required for "agreeing or disagreeing to the extension of any religious acts, observances or ceremonies to the Federation as a whole;" Like all parliamentary systems the executive is pretty messy. The Executive includes the Yang di-Pertuan Agong and Parliament's Cabinet. Like the Australian Governor-General the Yang di-Pertuan Agong must act on the advice of the Executive Cabinet. Malaysia's Parliament is a standard bicameral one with a Senate [Dewan Negara] and House of Representatives [Dewan Rakyat]. The Senate has elected and appointed members with the appointed members being appointed by the Yang di-Pertuan Agong and including forty outright appointments and the appointment of Senators for the Kuala Lumpur and Labuan territories. The constitution provides for Parliament to abolish the appointment process if it likes. Senators have three year terms and are term limited to two terms. For the House the constitution determines the amount of members from each State in the Federation:
(i) eighteen members from Johore;The constitution contains several sections on the States and their relationship with the Federation. Most of it appears to be wrangling out the legislative relationship and that the States cannot make laws repugnant to the Federation as enumerated in the State List. The Election Commission is elevated into the constitution as well. Unlike Australia where the electoral bodies are statutory. The Yang di- Pertuan Agong is required to consult with the Council or Rulers to appoint the members of the Election Commission. This appears to be an attempt to make the Election Commission apolitical. Part XI is pretty nasty and elevates to the constitution all the ways the state can protect itself. Amongst other things it enables the Yang di-Pertuan Agong to proclaim a state of emergency, presumably on advice from the Cabinet:
(ii) fourteen members from Kedah;
(iii) thirteen members from Kelantan;
(iv) five members from Malacca;
(v) seven members from Negeri Sembilan;
(vi) ten members from Pahang;
(vii) eleven members from Penang;
(viii) twenty-three members from Perak
(ix) two members form Perlis;
(x) twenty members from Sabah;
(xi) twenty-seven members from Sarawak;
(xii) fourteen members from Selangor;
(xiii) eight members from Trengganu; and
(b) eight members from the Federal Territories of Kuala Lumpur and Labuan as follows -
(i) seven members from the Federal Territory of Kuala Lumpur;
(ii) one member from the Federal Territory of Labuan.
(1) If the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect.There is also this clause in the emergency section:
(6A) Clause (5) shall not extend the powers of Parliament with respect to any matter of Islamic law or the custom of the Malays, or with respect to any matter of native law or custom in the State of Sabah or Sarawak; nor shall Clause (6) validate any provision inconsistent with the provisions of this Constitution relating to any such matter or relating to religion, citizenship, or language.So emergency cannot be used to secularise the state? I think that is what it means. Not sure though. Wikipedia has a summary of the important articles in the Malaysian constitution . Worth a read.
