If you have been paying attention to the newspapers, you would know that we are in the midst of a "historical event". After about thirty years of effort, Malaysia will be having a Malay version of the Federal Constitution, which will supercede the English text if there are any discrepancies. If you are shrugging your shoulders and half-wondering about the existence of a Constitution in the first place, then you are probably not alone. What does it mean to most of us have a piece of documentation that we rarely come across in our daily undertakings?

Most Malaysians are ill-informed about the laws which govern our lives until we become entangled in some personal way; commercially, civilly or criminally. As such, we rarely assert our rights or vocalise any pressure upon the government to protect them.

But it is important for us to do so as part of a democracy, which means that each of us have a say in how we want our country shaped. This has real impact in our day-to-day lives from our salary, to the price of petrol, to what kind of education we or our children to have, to a host of other ordinary events. If we do not care, it is almost like buying a house and not giving much thought or concern to what the contractors do until we trip over an exposed wire while being drenched from the hole in the roof.

So before we let another historic moment pass us by without hearing the call of our Deputy Prime Minister to reaffirm our responsibilities as citizens to defend our Constitution, let's pull out the dusty history books and get intimate with our nation's freedom.

Before Merdeka in 1957, the Federal Constitution was drafted and subsequently enforced after we achieved independence. It is the supreme law of the country where the political, legal and judicial structure of our nation as well as our fundamental freedoms to study, speak, marry, pray, move about, join associations, be safe, not be arrested arbitrarily, own property, work, become citizens and vote are sanctified and protected. As can be seen, it is the singularly most important document of law in this nation.

Any other laws that are drafted subsequently must adhere to these principles and rules as stated by the Constitution. In example, Article 6(1) states that no person shall be held in slavery. If a law is passed which states that one could sell their children to transnational companies for cheap labour, it would be challenged as being unconstitutional, hence invalid as law.

In 2001, an important amendment was made when Article 8(2) formally listed gender as a ground for non-discrimination. This meant that women and men are entitled equal protection and rights under the law. As such, gender equality as a principle was protected for Malaysians at the most primary level.

However, there still remain several inconsistencies within the Constitution itself which does not reflect this principle, which we - as responsible citizens - must take to task and question the State in their earnestness of ensuring equality amongst its rakyat.

Although Article 8(2) now reads, "there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth or gender in any law…", Article 12 which deals with education does not state this similar ground in its stipulation for non-discrimination. Surely it makes only logical sense to include gender in all subsequent Articles which uphold non-discrimination to ensure that no conflict of principles arises.

Article 15 of the Constitution on the other hand, only enables the foreign spouses of male citizens to apply for citizenship in the country. Correspondingly, the foreign husbands of Malaysian women are unable to apply for Permanent Residency status in the country or eventual citizenship by virtue of their marriage. Instead, they will have to resort to other methods to stay in the country legally with their wives; for example, through employment or professional visas. Although the government has recognised that this limits the capacity of Malaysian women - especially skilled Malaysian women - to continue to stay in the country after they have married men of other nationalities, nothing concrete has been done to rectify the situation.

In addition, the Second Schedule, Part II Article 14 (1) (b) clearly discriminates against Malaysian women, as it only allows for "fathers" to confer citizenship to their children. This means that if a Malaysian mother wishes her child to have Malaysian citizenship, she will have to give birth in Malaysia.

The complication of these two sections working together is apparent. To illustrate, your childhood friend from Ipoh who fell in love and married an American man is forced to quit her job and move to the U.S. even though she is content to stay in Malaysia - her country she is contributing much to - simply because her carpenter husband is unable to get a working visa to remain with her. When she became pregnant with their first child, she had to fly 23 hours back to Malaysia in her final trimester so that her child could be a Malaysian.

Surely this disparity is in complete contradiction to the spirit of the newly amended Article 8(2) and the nation's intent in providing for gender equality?

So what are you waiting for? For the sake of that good friend, and possibly yourself, send Pak Lah a note as a responsible citizen to inform him that you know your constitutional rights, and which ones need further defense.

Jaclyn Kee
5 October 2003

Fortnightly Column by WAO on Sunday Mail (Reprinted with permission from Sunday Mail)