While some 800 people walked blindfolded for a 3km charity event in Kuala Lumpur yesterday, another group of similar size was being walked through a crash course on constitutional rights in Petaling Jaya.

The half-day seminar on 'Federal Constitution - Protection for All' occasionally had the appreciative crowd in stitches and applauding the quirky quotes, anecdotes and queries.

But the panel of five also heard real-life stories - some revealed for the first time in public - of discrimination, suffering and unfair treatment for maintaining personal religious beliefs.

"A lot of people think non-Malays are having it real bad, but did you know that we Malays have it much worse?" said a man from Perak, when approached later.

"For the non-Malays, the problem occurs where religious conversion is involved but for us, we are born as Malays so what choice do we have? We face harsher religious persecution."

A woman who spoke on behalf of 30 Malays claiming to be Haji Kahar's followers based in Hulu Kelang related how they were oppressed for allegedly deviating from Islamic teachings.

"We feel oppressed even though we are Malay Muslims because we had chosen to practise religion our own way. This is something that the state agencies hold as a deviation from Islam when our actions are based on the Al-Quran itself," she said.

"Who has the right to speak for Muslims? We're facing discrimination following our leader's detention by Selangor religious authorities. If they disagree with our way, then just let us be. As a minority group, we feel there is no freedom of religion in Malaysia."

Minority Malays

A follower of another allegedly deviant Muslim group called Ahmadiah related his experiences with state Islamic authorities.

He wanted to know why Malays were being mistreated despite being Muslims merely on grounds that their chosen way was different from mainstream Islamic practice.

These testimonies, which emerged during the question-and-answer session, proved quite a revelation to many non-Muslims who admitted to having been ignorant of the alleged religious persecution endured by Malays.

The panel comprised former Bar president Dr Cyrus V Das, constitutional expert Dr Shad Saleem Faruqi, Kota Baru MP Zaid Ibrahim, human rights advocate Malik Imtiaz and women's rights activist Ivy Josiah. Bar Council vice-chairperson Ambiga Sreenevasan moderated the session.

Women's Aid Organisation executive director Josiah (photo) narrated the human tragedy arising from cases such as S Shamala, M Moorthy, Kamariah Ali, Nyonya Tahir and Lina Joy in the exercise of the freedom of religion.

"The current trend is divisive and unhealthy as it leads to the creation of two separate societies within one country."

Universiti Teknologi Mara law professor Shad laid down the framework of the Federal Constitution to illustrate the "silent re-writing" of the "document of destiny".

He explained how certain provisions are being abused for political expediency and cited Article 153 which allows for special assistance for the Malays and the natives of Sabah and Sarawak, as an example.
"The word 'bumiputra' was cleverly coined by politicians to include those who are not included and to exclude those who are already in," he said, referring to the complexity of who is a Malay as defined in the constitution.

He described the abuses of the spirit of the constitution as gaps in promise and performance.

A living constitution

Lamenting the lack of constitutionalism in Malaysia, senior legal practitioner Das urged the public and lawyers to adopt the constitution as a living document.

"Unfortunately, there is no culture of constitutionalism both in the legal fraternity and society. There is also no coherent development of jurisprudence by our courts.

"It's time to take it down from the shelf, dust it and use it on a daily basis. The Federal Constitution must be treated as the most important document in our life because it is the supreme law."

He also supported recent calls for the setting up of a constitutional court aimed at resolving the purportedly conflicting jurisdiction of Syariah and civil courts.

Touching on the nexus between Malays, Islam and ketuanan Melayu (Malay supremacy), lawyer Malik described the problem as the silencing of moderate voices by a small group claiming a mandate from the masses.

He said the erosion of fundamental rights was like a horror story where the spirit and letter of the constitution were being twisted to fit a certain agenda and where the true meaning is lost in translation into Bahasa Malaysia.

"Did you know that some academicians are advocating the country's social contract as starting from May 1969 and rejecting the one in 1957 as a post-colonial legacy?"

Citing Shad, Malik said there have been 600 alterations to the Federal Constitution since 1957 through 45 amending Acts. As an example, he said the Attorney-General's position was assured of a security of tenure but that this has since been amended.

"Now, the AG is a civil servant and subject to those in power, but why was this security of tenure removed? There must have been a very good reason for having it in there in the first place."

He warned that if the erosion of fundamental rights went unchecked, Malaysia could become a theocratic state in the next five to ten years.

"Be worried. Be very, very worried."

Malay mindset

Lawyer-turned-politician Zaid said understanding the Malays' insecurities, apprehensions, weaknesses and aspirations is the key towards removing doubts among non-Malays.

"You need to understand the Malay Muslim mindset, only then can we work towards positive changes," he said.

"What good is it when a majority of elected representatives, judges and civil servants are Malays. The non-Malays must speak up. You can't defend your right by remaining silent."

He said most people believed what they are told by the government including "some of my colleagues in Parliament who believe what they are told about special rights and privileges".

"The main concern of Muslims is how to achieve their (religious) aspirations in a secular state under a secular constitution. I say it can be achieved if your intention is based on true Islamic principles."

Zaid said Malays and non-Malays, Muslims and non-Muslims alike "must speak the same language" in striving towards equal protection for all Malaysians.

The forum was organised by Article 11, a coalition of 14 non-governmental organisations committed to upholding fundamental rights, and the Bar Council.