Government should defuse the Suqiu storm  by referring the  controversial appeals  to Federal Court for advisory opinion as to whether they challenge the sensitive and constitutionally-entrenched issues

(Petaling Jaya, Friday): For the second time in four days, the Deputy Prime Minister, Datuk Seri Abdullah Ahmad Badawi has called for "cool", warning of "instigation" by certain elements to "aggravate the situation and cause tension in the country" over the 83 Suqiu Appeals and the 100 Federation of Peninsular Malay Students (GPMS) Demands.

The Minister in the Prime Minister’s Department, Datuk Dr. Rais Yatim even told Nanyang Siang Pao that as the latest development in the Suqiu-GPMS controversy, the Cabinet had issued a directive at its meeting on Wednesday imposing a blanket ban on comments or responses on sensitive issues, affecting even Ministers and society leaders.

But the government does not seem to be serious or decisive in defusing the controversy, as despite the statements by Abdullah and Rais, controversial statements continued to be made not only by GPMS, which declared its refusal "to bow to calls to end the controversy", UMNO Ministers and leaders continued to make statements to aggravate the situation.

In the first year of the new millennium, Malaysians will be celebrating Christmas, Hari Raya, New Year and Chinese New Year within a one-month period, which should be a good start for Malaysian nation-building in the new era to highlight the wealth, diversity and harmony of Malaysia’s multi- racial, multi-religious and multi-cultural heritage.

Unfortunately, the exploitation of the Suqiu-GPMS controversy has cast a dark cloud over the coming month of Malaysian festivities and holidays, haunting Malaysians with the question as to whether attempts to escalate ethnic tensions would succeed and whether there would be another Operation Lalang and even a declaration of emergency from a completely artificial political crisis.

The government should not allow the Suqiu-GPMS controversy to drag on into the month of Malaysian festivities and holidays, but decisively defuse it by invoking Article  130 of the Federal Constitution and refer controversial Suqiu appeals to the Federal Court for advisory opinion as to whether they challenge sensitive and constitutionally-entrenched issues.

Two schools of thought have surfaced over what MCA President, Datuk Seri Dr. Ling Liong Sik has said as "2% of the 83 Suqiu Appeals" - as to whether they challenge Malay special rights which have been entrenched as an sensitive issue in the Constitution.

There would be no controversy as to whether Malay special rights are being challenged, if Suqiu had admitted that this was their intention. However, Suqiu had repeatedly explained that it had made no reference to Malay special rights, a fact admitted by the Prime Minister, Datuk Seri Dr. Mahathir Mohamad in his parliamentary statement on 11th December 2000.

In my statement yesterday, I had shown that the controversial 2% Suqiu appeals are not very different from the statements and sentiments which had been expressed by UMNO, MCA and Gerakan leaders in the past decade.

Is it right and responsible for UMNO leaders and their supporters to force their interpretation of the  Suqiu appeals by resorting to the politics of blackmail and the escalation of ethnic tensions?

The proper place to decide whether the controversial Suqiu appeals contravene the constitutionally entrenched issues would be the courts.

As UMNO Youth had lodged police reports against Suqiu for offences against the Sedition Act, one option would be for the Attorney-General and/or the courts to decide whether the Sedition Act had been violated. The problem here is that if Suqiu had violated the Sedition Act, then the Cabinet and all its Ministers would have similarly violated the Sedition Act as they had "accepted in principle" the Suqiu appeals in September last year.

The best and most mature way to defuse the Suqiu storm is for the government to invoke Article 130 of the Constitution to seek the Federal Court’s advisory opinion as to whether the controversial Suqiu appeals contravene the constitutionally-entrenched provisions on Malay special rights, especially as the Cabinet had last September given its approval in principle to the Suqiu appeals.

Article 130 reads:

"The Yang di-Pertuan Agong may refer to the Federal Court for its opinion any questions as to the effect of any provision of this Constitution which has arisen or appears to him likely to arise, and the Federal Court shall pronounce in open court its opinion on any question so referred to it."

(22/12/2000)