CAPÍTULO VII. CONSEJO DE GESTIÓN DEL LIBRO GENEALÓGICO
Artículo 18.- Funciones
It is important to understand Malaysian history in order to comprehend the effects that it has had on the developmental process of the nation and the policies that this country has formulated and undertaken. The country of Malaysia was formed after hundreds of years of colonialism by three different Western powers, namely the Portuguese (1511-1641), the Dutch (1641-1815) and the British (1815-1957)176. With Western colonialism came the Chinese and Indians to share the wealth and land with the indigenous Malays. Malaysia today is a multiracial country with a predominantly Malay/Islam heritage and foundation.
Malaysia’s history can generally be traced back to the era of the Melaka (Malacca) Sultanate, which dates from the early fifteenth century. A Javan prince by the name of Parameswara sought refuge in the Malay Peninsula and established what was known as the Malacca Malay Sultanate. Due to the geo-strategic location of the Port of Melaka in the Straits of Malacca, which is the halfway mark between the trading West and the East, the port was the centre of commerce and trade for Arab and Indian traders from the West and the Chinese from the Far East. With the Arabs and the
176 For a brief history of Malaysia and ancient Malaya (Malaya was the name given to the peninsula of Malaysia before 1963 with the creation of Malaysia), please refer to Andaya and Andaya (2001)‘A History of Malaysia’, Palgrave, London.
Indians came the religion of Islam, which was responsible for converting many Malays from their ancient religion of Hinduism. From thereon in, Malacca was the centre of not only trade but also the spreading of Islam in the Southeast Asian region.
Since Islam’s introduction to the Malay world, especially to the peninsula of Malaysia in the eleventh and thirteenth centuries, the religion and its values have been deeply embedded into the lives and identities of the Malays (Nair, 1997:14). A Malay is by definition a person who is a Muslim, lives by the traditions of a Malay and has special privileges (what has been termed as the Malay Special Rights) guaranteed by the Malaysian Federal Constitution177. This then creates a duality of citizenship status between the Malays as the sons of the soil and the rest of the citizens.
Although this exposes a status of non-equality among the citizenry, an informal deal struck during the independence negotiations with the British and other ethnics in Malaysia gave the Malays the upper hand in exchange for giving citizenship to non-Malay immigrants. This situation has worked well for the past fifty years and will be difficult to amend by any party that gets into power in Malaysia. Malaysian politics has always been defined by racial lines, and will be for the foreseeable future178.
Malaysia is a federation consisting of thirteen state governments and a federal national government. It inherited the British style of parliament and has two houses of representatives – the lower house, which is the House of Representatives, or the Dewan Rakyat (has 222 elected representatives from the National General Elections
177 Article 160 of the Constitution of Malaysia says that a "Malay" means a person who professes the religion of Islam, habitually speaks the Malay language, conforms to Malay custom and (a) was before Merdeka Day born in the Federation or in Singapore or born of parents one of whom was born in the Federation or in Singapore, or was on that day domiciled in the Federation or in Singapore.
178 For a discussion on Malaysia politics and the coalition government of ethnic based political party, please refer to Diane K. Mauzy, (1983), ‘Barisan Nasional: Coalition Government in Malaysia’, Marican and Sons, Kuala Lumpur.
held once every five years – translated as the People’s House) and the upper house, which is Dewan Negara or National Hall179 (70 appointed senators, 26 by the state governments of the day and the rest by the King).
Malaysia consists of eleven states in the Peninsula of Malaysia plus Sabah and Sarawak from the Borneos, with Kuala Lumpur as the fourteenth state and the capital city of Malaysia. From the eleven states in the Peninsula, nine of them have their own respective sultans or rulers (Johor, Negeri Sembilan, Selangor, Perak, Kedah, Perlis, Kelantan, Terengganu and Pahang) as their constitutional monarchs, who only act as symbols of unity and have only direct powers in the affairs of Islam in their domain.
The states of Melaka and Pulau Pinang (known as Malacca and Penang to the British) do not have sultans, but instead install Yang Di Pertuas (governors) due to the historical attachments of these two states to previous British rule180.
Every state has its own state assembly hall, which also holds elections once in every five years. However, state elections are usually held simultaneously with the national general elections to save the time, money and the energy that go into the elections’
processes. The Barisan Nasional alliance has won twelve consecutive times in the general elections since Malaysia obtained its independence in 1957. Dato’ Seri Abdullah Ahmad Badawi is Malaysia’s fifth Prime Minister, succeeded Mahathir
179 For basic information on Malaysia Legislative systems, please refer to Shuid, Mahdi & Yunus, Mohd. Fauzi (2001). ‘Malaysian Studies’. Logman, Kuala Lumpur and Means, Gordon P. (1991).
‘Malaysian Politics: The Second Generation’, pp. 14, 15. Oxford University Press
180 Governors for these two states are not from the Malay Royalty family but rather retired statesmen and civil servants. Melaka and Pulau Pinang were the two British Straits Settlements that were being governed directly by the British Government from the early days of British expansionism compared to the advisory role that they play in the other Malay states. In 1826, Penang, along with Malacca and Singapore, became part of the Straits Settlements under the British administration in India, moving to direct British colonial rule in 1867.
Mohammad from 2003-2009, and currently Dato’ Seri Najib Abdul Razak, the son of Tun Abdul Razak the second Prime Minister is the present Malaysia’s sixth premier.
It is important to understand the history and the process of Malaysian nation building which contributed so much to the existing myriad of Malaysian politics. Malays in Malaysia, despite being the majority among the citizenry, remained lagging in economic and financial sectors and depend heavily on subsidization and affirmative assistance from the mainly Malay majority government. However, the preferential treatment that the Malays enjoy has been criticized by both domestic and international community and be seen as a form of discrimination against other races in Malaysia (Jomo, 2004: 3-13). Due to this ‘sensitive’ issue, Malaysia does not want any external interference which would destabilize domestic politics181.