LATELY, two prominent academics said the federal constitution and Rukun Negara, two of Malaysia’s most fundamental documents, are enough to lay the groundwork to redefine the nation’s future.

Chandra Muzaffar and Denison Jayasooria said there was no need to reinvent the wheel by setting up a new National Consultative Council (NCC) to set the nation’s course through a new social contract.

These were in response to the exertion of prominent banker Nazir Razak, son of Malaysia’s second prime minister Abdul Razak Hussein, who had recently proposed that a new social contract be drawn up.

While it is true that social contract that is spelled out in the constitution and Rukun Negara has the necessary ingredient for a peaceful co-existence among communities, it is not accurate to say it adequately lays the ground work to redefine the nation’s future.

The constitution and Rukun Negara have no core principles related to environmental rights as basic fundamental rights. Achieving unity, preserving a democratic way of life and building a progressive society as stated in the Rukun Negara has little meaning if the environmental rights of communities are not rightfully declared in the constitution.

In fact, there are implications to social relations among communities if environmental rights are ignored, when powerful conglomerates are given exclusive rights to natural resources. 

Our current document fails to see the sacred relationship between communities and the environment. There is a need to redefine what constitutes a social contract in the current context of environmental threats such climate change, and rights of communities that are affected by the indiscriminate violation of nature’s eco-system.

Social contracts, which have served as an important conceptual tool for managing the relationship between citizens and states have to evolve to address the environmental threats that affect the poor and vulnerable.

It is time for the Malaysian intelligentsia to discuss the potential role of social contracts as a constitutional response to environmental issues.

We need substantive clauses on the environment in the constitution and the Rukun Negara that guarantees the right to quality environment.

The very first constitution to protect environmental rights was Portugal’s. “Everyone shall possess the right to a healthy and ecologically balanced human living environment and the duty to defend it,” and it goes on to “charge the state” with fulfilling the obligation in eight specific ways. (Constitution of Portugal (1976) Art. 66).

 As with many countries, we need judicial systems that include environmental tribunals, chambers or courts that have special procedures designed to facilitate the bringing of actions to promote the vindication of environmental rights.

Therefore, the Association for Community and Dialogue (ACID) supports the call for a review of our current social contract that seems to be dominated by discussions related to ethnic relations.

There is a need to evolve and address the social -ecological realities in the country. These would provide an added value to the current constitutional rights that are spelt out in the constitution. It would also help to enhance the effectiveness of current environmental laws in the country.  The country needs a progressive social contract that incorporates the environment for future generations. – January 28, 2021.

* Ronald Benjamin reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.