In The Minds of Young Malaysians

It was due to historical situation where the people of Malaysia started to be separated especially Malay and Chinese.

The strategy of “Divide and rule” by British has damaged the integrity of Malaysian People. The colonist broke the Malaysian society into 3; where Chinese were located in cities, Malay in Villages and Indian in estates.

During Second World War, the situation became more serious when the Malays supported Japanese and Chinese were anti Japanese.

After the Second World War, the situation became worse when the Chinese and Colonial British wanted to punish Malays because of helping Japanese during the Second World War.

Therefore, British implemented Malayan Union to destroy the Sultanate system, to open up citizenship and to control Malays. UMNO was formed to resist the Malayan Union and to protect the Malays’ rights.

In the process of nation building, it is undeniable that there is a lot of unresolved issues, for example issues related to social contract like Malay rights, Islamic issues, Language issues and Education Policies.

The most worrisome issue is the Islamisation and Malaylisation of civil servants. In fact, all citizens should have equal chance to be recruited as civil servant and decisions should not be made based on race.

Is the Privatisation of our government’s services merely a process of Piratisation?

At the heart of this issue is the question as to whether concession or monopoly agreements entered into by government (federal, state or local) if found to be terribly one sided and a burden to the public are legally enforceable?

Many of these agreements and concessions were done under the policy of Privatisation. However, Privatisation may be good in theory but bad in practice as it is often open to abuse.

The Privatisation concept was originally intended to take loss making, ineffective and inefficient government services and turn them into profit making and efficient services thereby relieving the financial burden of the government in providing these services.

So when does Privatisation become Piratisation? When is the line crossed and Privatisation is used as yet another mechanism to dissipate public assets and monies?

There is no easy answer this question and not all Privatisation contracts are bad. There are certainly several questions that can be asked to decide whether such Privatisation / concession Agreements really are a disguise to steal from the public; these questions are;

1.    Just who were awarded the Privatisation / concession Agreement and what were their track record and expertise in the area. What is the standing of the individuals running these companies?

2.    What are the terms and conditions of Privatisation / concession agreement and what is the benefit and liability to the government and to the private companies?

3.    Is Privatisation / concession agreement fully available for scrutiny in order to determine whether the terms are commercially reasonable in favour of the government?

4.    What steps were taken to maximise the benefits to the government and minimise any risk?

5.    Are there any other companies that can give the government better terms with less risk?

It is high time that the legality of Privatisation / concession Agreements are reviewed. All such agreements should be fully transparent and negotiated so that the best benefit of these agreements with minimum risk is given to the Rakyat.

The government may not bound to comply with illegal agreements even if signed by a previous administration. At stake here is the issue of integrity which is “doing a right thing even though nobody is looking”.

For the lack of integrity in Privatisation contracts will lead to depletion of this Nation’s resources, damage the economy and burden the people.

5. Plan Of Action

The following of action will be used to achieve the National Youth Development Policy:

5.1     To provide knowledge-based training programmes jointly organized by public agencies, youth organizations, NGOs and the private sector.

5.2    To strengthen leadership and self development programmes that can further develop self-resilience, familial, religious and social institutions; thus enhancing the efficiency of rules played by our youth.

5.3     To upgrade skills development training, and create entrepreneurial and commercial opportunities that will propel youth to be independent, competent and capable of pursuing successful careers.

5.4     To empower youth organisations so that they capture the interests, commitment and enthusiasm of young people and activities planned by the society.

5.5     To provide opportunities and facilities for the self-development of the young people in social and economic functions.

5.6     To enhance the spirit of volunteerism I and patriotism through social, welfare i and voluntary works.

5.7     To ensure the understanding of youth in matters of globalisation, the importance of partnership with governmental I agencies, NGOs, the private sector and international networking.

5.8     To provide the necessary infrastructure , and mechanism for youth activities ‘ relating to research, assessment and ,evaluation.

6. Implementation Principles

1 All programmes and activities will be co-ordinated in accordance with strategies and I action plans founded upon the principles of the ‘Rukun Negara’ (Pillars of the Nation) and other relevant national policies. I

7. Conclusion

The National Youth Development Policy serves as a guide to enable all parties to plan and undertake 1I programmes that galvanize efforts in youth development.

5. Pelan Tindakan

Strategi di atas akan dilaksanakan melalui tindakan berikut:-

5.1 Menyediakan program keilmuan dan latihan kepada generasi muda yang dianjurkan bersama oleh agensi sektor awam, swasta, pertubuhan belia dan pertubuhan bukan kerajaan.

5.2     Mengukuhkan program pembangunan kepimpinan dan bina sahsiah bagi membina kekuatan diri, institusi kekeluargaan, keagamaan dan kemasyarakatan supaya generasi belia dapat berperanan dengan berkesan.

5.3     Memantapkan program latihan kemahiran, peluang perniagaan dan keusahawanan supaya generasi belia mampu berdikari dan membina kerjaya yang cemerlang.

5.4     Mengupayakan pertubuhan belia supaya dapat menarik minat golongan belia dan masyarakat menyokong dan menyertai aktiviti yang dianjurkan.

5.5    Menyediakan peluang dan kemudahan kepada golongan belia untuk memajukan diri dalam bidang sosial dan ekonomi.

5.6    Meningkatkan semangat kesukarelaan dan patriotisme melalui kerja-kerja amal, kebajikan dan kemasyarakatan.

5.7    Memberi kefahaman generasi belia tentang konsep persejagatan (globalisasi) dan kepentingan hubungan mereka dengan agensi kerajaan, swasta, pertubuhan belia dan pertubuhan bukan kerajaan serta jaringan antarabangsa.

5.8    Menyediakan prasarana dan mekanisme yang sesuai bagi kegiatan penyelidikan belia termasuk pemantauan dan penilaian.

6. Prinsip Perlaksanaan

Semua program dan aktiviti diselaraskan berasaskan strategi dan pelan tindakan yang telah ditentukan berteraskan kepada Prinsip-prinsip Rukun Negara dan dasar-dasar utama negara yang berkaitan.

7. Rumusan

Dasar Pembangunan Belia Negara adalah panduan yang dapat memberi peluang dan ruang kepada semua pihak dalam merancag dan melaksanakan program untuk memperkasa pembangunan belia.

4. Strategies

In order to realise the National Youth Development Policy, the following strategies will be implemented:

4.I Knowledge Development

Efforts will be geared towards enhancing the knowledge base in various subjects; hence functioning as a foundation for the competence of youth.

4.2 Attitudinal development

As a response and future challenges, efforts will focus on the inculcation of moral values and the development of a positive and creative attitude.

4.3 Vocational and Entrepreneurial Development

To equip youth with state-of-art technical knowledge and vocational skills, as well as involving them in entrepreneurial activities in line with the demands of nation-building.

4.4 lnculcation of a Healthy Lifestyle

Youths are encouraged to engage in social and voluntary activities that lead to a healthy, active and dynamic lifestyle. This lifestyle will nurture our youth into responsible leaders of high caliber.

4.5 Facilities for Social Interaction

To upgrade relevant facilities that contribute towards promoting healthy interactions and social activities amongst youth and communities.

4.6 Partnership in Development

To utilise partnership and co-operation amongst governmental agencies, NGOs and the private sector for the benefit of youth development.

4.7 International Relations and Networking

To encourage youth to further promote closer ties and international networking with international communities.

4. Strategi

Untuk mencapai Dasar Pembangunan Belia Negara beberapa strategi akan dilaksanakan:-

4.1 Pembangunan ilmu

Usaha akan dipertingkatkan ke arah mengembangkan ilmu pengetahuan di dalam berbagai aspek sebagai tunggak kepada pembangunan dan kernantapan generasi belia.

4.2 Pembentukan Sikap

Usaha ke arah penerapan nilai-nilai murni dan pembentukan sikap yang positif dan kreatif akan dipupuk di kalangan belia bagi menghadapi cabaran semasa dan akan datang.

4.3 Pembangunan Kemahiran dan Keusahawanan

Mempersiapkan generasi belia dengan teknologi terkini, kemahiran teknik dan vokasional sert a kegiatan keusahawanan selaras dengan kehendak pembangunan negara.

4.4 Pemupukan Gaya Hidup Sihat

Generasi belia digalakkan menyertai persatuan atau aktiviti sukarela yang dapat memupuk gaya hidup yang sihat, cergas dan dinamik. Amalan lni akan dapat melahirkan pemimpin-pemimpin yang bertanggungjawab dan berkualiti.

4.5 Kemudahan lnteraksi Sosial

Mempertingkatkan kemudahan yang sesuai bagi menggalakkan aktiviti dan interaksi sosial yang sihat di kalangan belia dan masyarakat.

4.6. Perkongsian Dalam Pembangunan

Menggunakan perkongsian dan kerjasama antara agensi kerajaan, swasta dan pertubuhan bukan kerajaan untuk pembangunan generasi beiia.

4.7 Jaringan Hubungan Antarabangsa

Menggalakkan generasi belia meningkatkan jaringan dan interaksi dengan masyarakat antarabangsa.

NATIONAL YOUTH DEVELOPMENT POLICY

1 Introduction

1.1 Youth constitute a resource of tremendous potential and they can contribute significantly to the overall development of the nation. The ability to harness the potentials of youths will determine our strength and resilience in pursuing social, economic and political development.

2. Status Of Youth

2.1 Young people between the age range of 15 -40 assume the status of (youth). Nevertheless, the main focus of youth development programmes and activities involve young people from 18-25 year of age.

3. Objective

3.1 To establish a holistic and harmonious Malaysian youth force imbued with strong sprititual and moral values, who are responsible, independent and patriotic thus serving as a stimulus to the development and prosperity of the nation in consonance with the vision 2020.

DASAR PEMBANGUNAN BELlA NEGARA

1. Pendahuluan

1.1 Generasi belia merupakan sumber terbesar dalam negara dan mereka berpotensi untuk menyumbang kepada pembangunan negara.

1.2. Keupayaan mengembeling tenaga belia akan menentukan kekuatan dan ketahanan pembangunan sosial, ekonomi dan politik negara.

2. Takrif Belia

2.1 Dari segi umur belia ialah mereka yang berumur antara 15 hingga 40 tahun. Walau bagaimanapun dari segi strategi perlaksanaan program dan orientasi aktiviti, tumpuan utama ialah mereka yang berumur 18 hingga 25 tahun.

3. Matlamat

3.1 Mewujudkan belia Malaysia yang memiliki peribadi yang bersepadu dari segi rohaniah, akliah dan jasmaniah, bertanggungjawab , berdikari, bersemangat sukarela dan patriotik serta menjadi penggerak kepada kemajuan dan kemakmuran bangsa, agama dan negara selaras dengan Wawasan 2020.

FAQ on Law Reform (Marriage & Divorce) Act 1976 (as at 20 June 1991)

Question 19: What are the concerns with allowing only one parent to change the children’s religion to Islam ?

Answer: One concern is that the other parent’s equal right to guardianship is violated. Another concern is that once children are converted to Islam, they will have extreme difficulty changing to another religion if they wish to do so when they grow up.

Question 20: What if the parents do not jointly agree on the children’s religion?

Answer: The children themselves must determine their religion upon reaching 18 years of age. In the meantime, no conversion should take place.

Question 21: Who is responsible to pay maintenance for the children?

Answer: The civil court can order either parent to pay maintenance for the children. The
maintenance order can be varied as the children grown us and their needs change.

Question 22: Which court has jurisdiction over family disputes when one spouse converts to Islam?

Answer: Only the civil court should have jurisdiction since the marriage was registered under civil law.

However, recent cases have suggested that the non-converting spouse should seek relief in the Syariah court because the civil court has no jurisdiction. These decisions have made the situation unclear.

Question 23: Why are these court decisions problematic?

Answer: They are problematic because the non-converting spouse is left with no court to go for relief. This is because recent court decisions have suggested that the civil court has no jurisdiction, while the Federal Constitution clearly provides that the Syariah courts only have jurisdiction over Muslims.

Question 24: What is the Federal Constitution?

Answer: The Federal Constitution is the supreme law of the land. This means that all laws must comply with it and all Malaysians must follow it.

That is why “upholding the Constitution” is stated in the Rukunegara, and all judges and parliamentarians also take an oath to uphold it.

FAQ on Law Reform (Marriage & Divorce) Act 1976 (as at 20 June 1991)

Question 13: If a wife converts, can her disabled husband claim spousal maintenance?

Answer: Yes, Under civil law, the court can order a converting wife to pay
maintenance to a husband who is physically or mentally unable to work. This is different from state Islamic law enactments where a Muslim wife never has to pay maintenance to her Muslim husband.

Question 14: What is the difference between guardianship and custody?

Answer: Guardianship is the legal right to make decision with long-term effect in relation to the children, e.g. welfare, education and religion. Custody relates to the daily care regarding the upbringing of the children.

Question 15: When a parent converts, who should get custody of the children?

Answer: The parent who can take better care of the children should get custody.
The best interest of the child is the most important factor.

Conversion should not affect custody decision. In a recent decision, Justice Faiza Tamby Chik gave custody over 2 converted children to the nonconverting mother.

Question 16: When a parent converts, who is the guardian of the children?

Answer: Under civil law, both parents are equal guardians of the children. Conversion of one parent does not change this. Being equal guardians means that both parents must jointly agree on important decisions, including their children’s religion.

Question 17: Can the converting parent convert the children without the permission of   the other parent?

Answer: No. However, recent judgments have made the position unclear. To allow the converting parent alone to choose the children’s religion would mean depriving the other parent of her equal right to guardianship.

Question 18: Is there a way to ensure that children are converted to Islam only when both parents consent?

Answer: Yes, The state Islamic law enactments should respect the equal and joint rights of both parents. They must not allow children to be converted to Islam unless both parents consent.

FAQ on Law Reform (Marriage & Divorce) Act 1976 (as at 20 June 1991)

Question 7: Is anyone legally required to inform the convert’s family of the conversion?

Answer: No, However, the convert should be legally required to notifY his spouse (if married) and his immediate family members.

The religious authorities should be legally required to ensure that these family members are notified immediately upon conversion.

Question 8: When one spouse converts to Islam, Goes it affect the rights and responsibilities of the spouses under civil law?

Answer: No. The rights and responsibilities of the spouses continue under civil law, e.g. if the husband converts, he must still continue to support the family financially.

Question 9: Why must the rights and responsibilities of the spouses continue under civil law?

Answer: This is because the spouses agreed upon certain rights and responsibilities when they married under civil law. One spouse cannot be allowed to change the terms of the marriage contract without the other spouse’s agreement.

Question 10: What can a non-converting wife claim in a divorce?

Answer: She can claim: Maintenance for herself and the children; Custody and guardianship of the children; and Division of matrimonial assets.

Question 11: Is it true that because her husband converted, she is entitled to maintenance for only 3 months after the divorce?

Answer: Many converting husbands think so because under state Islamic law enactments where both parties are Muslims, husbands are only required to provide shelter and maintenance to their wives for 3 months after divorce.

However, the civil courts have consistently dismissed this argument because civil law applies as long as one party is non-Muslim.

Question 12: For how long is non-converting wife entitled to spousal maintenance?

Answer: Generally, she is entitled to spousal maintenance until she remarries or dies.

FAQ on Law Reform (Marriage & Divorce) Act 1976 (as at 20 June 1991)

Question 1:What issues arise when a non-Muslim family member convert to Islam?

Answer: They include:

• the status of his civil law marriage;
• divorce;
• maintenance;
• division of assets;
• custody and guardianship of children; and
• inheritance of assets.

Question 2: Is a civil law marriage automatically dissolved when one spouse converts to Islam?

Answer: No. Conversion to Islam, by itself, cannot dissolve a civil law marriage. Only civil courts can dissolve such marriages, not Syariah courts.

Question 3: Who can petition for divorce under civil law?

Answer: Only the non-converting spouse can apply for divorce under civil law. The law should be amended to allow either the non-converting spouse or the converting spouse to apply for divorce in the civil court.

Question 4: What happens if the non-converting spouse does not apply for divorce?

Answer: The civil marriage continues to exist.

Question 5: When a civil law marriage breaks down because one spouse converts, which law applies?

Answer: The civil law still applies because the marriage was registered under civil law. So issues of divorce, maintenances, custody and guardianship of children and division of assets must also be decided under civil law.

Question 6: Can the non-converting spouse apply for divorce immediately?

Answer: No. The divorce petition cam only be filed 3 months after the date of conversion.

In recent year, there are legal events that affects and will impact each of us in the area of family, religion and constitution.

These issues, when involve converting family members to Islam, the legal rights of both converting and non-converting family members are not clear, thus causes a lot of uncertainty and conflict. Even many lawyers are confused, especially when recent judgments have been conflicting and are inconsistent with the Federal Constitution.

According to the Federal Constitution, the Civil Court must adjudicate all marriage registered under civil act i.e. The Law Reform (Marriage and Divorce) Act – not only deciding on marriage but also have to decide on divorce i.e. maintenance, inheritance, custody etc and not by the Syariah Law. Article 121(1a) provided that civil high court has no jurisdiction WITHIN the Syariah court i.e. only after when one is converted. Therefore, the non-Muslim spouse can not go to Syariah Court.

While Sec 3.3 of the Law Reform (Marriage and Divorce) Act 1976 clearly states that it does not apply to Muslims, Sec 51 is the sole clause that automatically allow divorce to be presented to court if one spouse convert to Islam BUT only after 3 month FROM the day of conversion (many things can happen in the period). This is the MAJOR problem area.

This same Sec 51 implies that the civil marriage continue to exist unless there is a petition to divorce, which caused problems e.g. Murthi case. Other cases like Lina Joy, Shamala and others also demonstrate the complicity of legal problem intertwined with religion problem.

The crucial idea is that the Federal Constitution should be the supreme law while Syariah law that only apply to Muslims should not be the basic law of the land. Meanwhile, Article 11 guarantees the freedom of choosing ones religion, applies to everyone, including the Muslim.

Despite that the judiciary has not been operating fully independently, we have to have hope in the country, and be resilient to move forward – starting by understanding the Federal Constitution – for a better tomorrow.