DISCUSS THE MAIN ISSUES OF CONTENTION IN THE MALAYAN UNION PROPOSAL OF 1946.

TO WHAT EXTENT WERE THEY RESOLVED IN THE FEDERATION OF MALAYA 1948 AGREEMENT? PROBLEM STATEMENT 1. After the surrender of the Japan in Malaya, British had come back to conquered Malaya. They come back with the plan called Malayan Union. This plan was rejected by the Malays until the British come up with the new plan called Federation of Malaya. Are the main issues that make the Malays rejected the Malayan Union had been resolved in the Fedration of Malaya? AIM 2. The aim of this paper is to highlight to what extent that the main issues in the Malayan Union constitution had been resolved in the Federation of Malaya agreement. SCOPE 3. Scope that covers in this paper are as follow: a. Background. b. The Malayan Union. c. The Federation of Malaya Agreement. d. Issue being resolved. e. Conclusion.

BACKGROUND 4. After the Japanese had surrender in 1945 after the World War 2, the British had come back to Malaya with the British Military Administration (BMA) took over the country. This time they had tried to introduce a single political and administration for the Malaya which known as Malayan Union in 1946. The idea of Malayan Union was that to prepare the Malaya for the self-govern. The Malays had rejected this plan with the establishmnet of political organisation especially United Malays National Organisation known as UMNO headed by Dato Onn Jaafar. The main reason they rejected the plan was the Malays right and the power and sovereignity of the Malay rulers will be demolished. When the Malay political organisation had opposed the plan very hard, the British had disband the Malayan Union and form one council to modified the plan. This council consist of 4 reprensentative of the Malay rulers, 2 reprensentative of the UMNO and 6 reprensentative from the British. This council headed by Sir Malcom Mac Donald. After several talk and meeting they had resolved the problem with the new plan

called Federation of Malaya in 1948. The plan was accepted by all the races in Malaya including the non-malays after several arguement. THE MALAYAN UNION 5. Malayan Union plan was declared by George Hall, Secretary of the Clonials State in British Parliament sesson on Oktober 1945. In this plan Sir Harold MacMichael was elected as British Government representative to get the consent from the Malay Rulers. On 11 October 1945, MacMichael arrived in Malay State and accomplished his mission on 21 Disember 1945. After the defeated of the Japanese, the British worried that the nasionalism activities among the Malays will increased after the occupied of the Japanese. The Japanese had showed that they can defeat the America, British and Dutch in Southeast Asia and if the people in Southeast Asia being given the change, they also can defeat the colony. The reason for the Malayan Union as to demolish the Malays national patrotisme and to had an efficience central adminnistration. 6. Before this, The Malay State had three form of administration which is Strait Settlement in 1826, Federation Malay States in 1826 and Unfederation Malay States. With this cooperation under the Malayan Union, administration work can be coordinated and much more smooth. With that also they can develope the economy of the Malay State overall and the important of the British investment will be more stabil and can be protected. 7. The British government also worried that the situation in Southeast Asia at that time will be interupt to their interest especially their base in Singapore and Malay State. They also had proved that the Malay leftist had their interaction with the Indonesia to built the Indonesia Raya. 8. Constitution of Malayan Union. Constitution of Malayan Union was tried to change Malay State from proctetorate state to colonial state of British. The constitution stated as follow: a. The power of malay ruler will be surrender to British government and Bidang Kuasa Luar act 1890 will be implemetation. The nine Malay State, Penang and Malacca will be as one politic body and their administration will be headed by a governor with the help from Working Meeting Council (Majlis Mesyuarat Kerja) and Law Council. b. Singapore will be separated from Malayan Union and will be colonial state of British and headed by a British governor. The reason Singapore is separated from, as they had many chinese which is if Singapore is combined, more chinese than malay and also Singapore is important as navy strategy.

c. The souverignity of the malay rulers will be demolished. They only had power on islamic religion and custom. The British had form Malay Adviser Council (Majlis Penasihat Melayu), which is chaired by the British Governor and the rulers as a member. d. State Meeting Councils (Majlis-majlis Mesyuarat Negeri) still exist but under control of federal on local government. Every state in the Malayan Union will have State Commissionner whose act as Chief Administration at state level. e. Citizenship will be given to non-malays through jus soli principe. This principe stated that every child was born after the declaration of Malayan Union, automatically will be given citizenship where they were born. f. Ctizenship also will be given to all the immigrant whose born in Malay State or Singapore and to whose above 18 years old and remain in for 10 of 15 years before 15 February 1942. With this regulation, the immigrant will have their citizenship easily. 9. Reaction of Non-Malays. After the White Paper of the Malayan Union was published, none of the chinese news paper published the complete of that white paper. The contents of this white paper said to had a little friend than the new enemy. To the chinese, this white paper only had a small attention. There are a lot of factor that cause the non-malay become not interested. After the World War 2, the chinese were not stabil. They didnt have a strong and powerfull leader as impact of the Japenese violant. The chinese community were catogeries into 3 group as: a. Koumintang Member: which more towards to the China mainland. They thought that with the Malayan Union, their cultural will be demolished automatically. Most of the chinese didnt feel that Malay State are not their home which their intention only to get much wealthy and bringing back to their country. b. Most of the member of Parti Komunis Malaya (PKM) are exMPAJA. c. Neutral group, are Chinese Centre whose presented from the modernrate chinese and welcoming the White Paper of the Malayan Union. 10. Reaction of The Malays. The raection of the Malay were clearly opposed the Malayan Union. When the Malayan Union was published on 16 October 1945, the Utusan Melayu had write statement on opposed it. In November also, Warta Negara had asked the Malays establishment to unite to protect the Malay

right. First movement to opposed the Malayan Union is the Malay establishment in Johor had been unite to form Ikatan Melayu Johor. On 30 January 1946, Gerakan Melayu Semenanjung Negeri Johor was form under leadership of Dato Onn Jaafar. 11. The Malays also had form the United Malays National Organisation to opposed the Malayan Union. They had sent the delegation to London to protest the Malayan Union. On inisiatif of the UMNO, the Malays rulers had not went to the election ceremonial of Sir Edward Gent as the first Governor of Malayan Union. The Malays whose member of Federal Meeting Council (Majlis Mesyuarat Perseketuan) and State Meeting Council (Majlis Mesyuarat Negeri) had refused their election. When the Malayan Union was declared on 1 April 1946, the Malays had mourning for 7 days. 12. Why The Malays Opposed The Malayan Union. The Malays had many reason why they had opposed the Malayan Union. Some of the reason as follow: a. British Government Use Force. MacMichael had used force and threaten on Malay Rulers to sign the constitution. He had threaten the Malay Rulers by charge them cooperate with Japan in World War 2 if they had not sign it. They will asked to step down and being replaced by someone who are willing to sign the constitution. b. Short Notice. The Sultan and Malays Leader had not given time to analyse the implication of Malayan Union constitution where it is important for the future of the Malays and the nation. This constitution was debated on 1 October 1945 and being declared on January 1946 which only about 3 month to implementation which shows how the British is in hurry. c. The Rulers and Malays Leader Lose Power. The constitution stated that the Malay State will be down grade to colonial state. In the constitution stated that the ruler or leader of the Malays agree to give their power and souverignity to the British and they only responsible on religious. d. The Malay Right being Threaten. The citizenship in the constitution was easy to get. It means that the immigrant especially the chinese can get the right as the malay when they are already the citizen of Malaya. Moreover the non-malays in Malay State at that time were more than the Malays. FEDERATION OF MALAYA 13. After being opposed very hard by the Malays, on 21 January 1948 one new constitution was introduce to replace the Malayan Union which known as Federation of Malaya. This is the Malays victory against the Malayan Union

headed by Dato Onn Jaafar and form working commottee which comprised representative from British government, sultan and UMNO to create new constitution replacing Malayan Union. 14. Factor the Establishment of Federation of Malaya. The British government accept the establishment of the Federation of Malaya by UMNO Working Committee as: a. Malayan Union cannot be accepted by every community and Malay establishment. b. The British government were willing to negotiate with UMNO rather than other parties because UMNO were more liberal and cooperate with British. c. The other parties like AWAM, API, and PKMM were more left wing and their leaders were anti-British. It means that if this group will take over the country, the British will lose their interst forever. d. There were threat from PKM to take over the country to form up the communist state. So the British need a help from the Malays. e. The establishmnet of The Federation of Malaya will guarantee the direct relation with the British. For this, the wealth of Malay State especially the natural resource such as tin and rubber still can get from Malaya. f. On strategy aspect, Malay State were useful as their army base at Southeast Asia and thats why the good relation should be maintain. 15. Constitution of Federation of Malaya. Constitution of Federation of Malaya are as follows: a. Federation were consist of 9 Malay State , Penang and Malacca. Singapore maintain as different colony. b. The Malay Sultan were given back their right, power and jurisdiction on their state as before the war. c. Federal government will be running by British High Commissionner. He will be support by Government Working Meeting Council (Majlis Mesyuarat Kerja Kerajaan) which consist of official and non-official member and a Law Council which consist of the biggest non-offical member. Malay and english language will be the formal language.

d. Government Working Meeting Council will consist of 7 official members ( including 3 ex-efficio) and 7 non-official members. e. Federal Bar Hall consist of 75 members, which 50 of them were the non-official member elected by High Commissionner to represent Malay State and Strait Settlement, important on main economic and other races. From this 50 member, 22 were the Malays, 14 Chinese, 7 Europe, 5 Indian, one Serani and one Sri Lanka. The Malays representative were increase with inclusion nine Menteri Besar which replacing the resident, while two representative each from Penang and Malacca can be from any races. While rest of the 14 were the official member which were asked to support High Commissionner. e. High Commissionner were the President of the Bar Hall. Even though there are a lot of non-official member, he can cancel any law that were not approved by the Bar Hall. f. High Commissionner will protect the special right of the Malays and the right of other races. He will negotiate with malay Sultan about restricted immigration policy. g. The Federal Government will manage about the defence, outside welfare, civil law, judgement, trade, communication dan finance. h. The State Government will have power on local government of their own, religion, education, agricultural, health and land. i. In the state, the Sultan have power to command with the help from Government Working Meeting Council and State Bar Hall which consist of elected official and non-official members. Law which being approved by State Bar Hall must be endorse by the Sultan. He also can approved the law which not being approved by this hall. j. Rulers Council (Majlis Raja-raja) were established to let the Sultan to discuss among them and also with the High Commissionner especially about the immigrant. k. Citizenship code. (1). They which have citizenship implementation: (a) Sultan people at overseas. through law

(b) British people which were born in Penang and Malacca and had been staying anywhere else in the federation for 15 years.

(c.) British people which were born in anywhere in federation whose their father also were born in that place and had been staying at that place for 15 years. (d) Whoever were born in the federation which can speak Malay and obey the custom of the Malay. (e) Whoever were born in the federation whose their parent also were born and staying at that place for 15 years. (2). People who can asked the citizenship through the immigrant. (a) People who were born in the federation and had been staying at that place minimum for 8 years from 12 years before the application were made. (b) People had been staying in the federation at least 15 years from 20 years before the application were made. (c.) From both application above, the applicant must have a good attitude and must stated their intention to keep staying in the federation. The applicant also must know Malay or english language and also must swear to allegiance to the Malay State. ISSUE BEING RESOLVED 16. Main issue that had been resolved in the Federation of Malaya as follow: a. Malay Special Right. The Malay special right had been obtained as being agreed by the Malays and non-malays. b. Sultan Power and Souverignity. The power and souverignity of the Malay Rulers on their state had been given back as before the World War 2 although the state still under the administration of the British. c. Defence Responsibility. The British Government were responsible to defence the Malaya and also the outside welfare, still

d. United of the Malay State. The Malay State had been united under this constitution which inclusive the 9 Malay State, Penang and Malacca.

e. The Citizenship. Under this regulation, a citizenship law had been made which all the immigrant can be the people of the Malay State eventhough the restriction were still there but the basic qualification were made. CONCLUSION 17. Under the Fedration of Malaya agreement, the Malay place were much better than under the Malayan Union. All the races in the Malay State had been agree on the constitution of Federation of Malaya as all of them had an equal right under the Citizenship Law. The British also had satistified the constitution as they can still maintain the relation with the Malay State to protec their interest. BIBLIOGRAPHY Mohd Idris Salleh, Sejarah Pembangunan Bangsa dan Negara, Utusan Publications & Distributors Sdn Bhd, Kuala Lumpur,1994. Andaya, Barbara Watson and Leonarad Y. Andaya, A History of Malaysia, London : MacMillan, 1982. Nordin Sopiee, From Malayan Union to Singapore Separation, 1946-1965, Kuala Lumpur: University of Malaya Press, 1996. Saravamuttu, J. , The Dilemma of Independence : Two Decades of Malaysias Foreign Policy 1957-1977, Penang : USM, 1983.