The Stripes of Glory We Wear: Reflections of the Legal Role and Intricacies of Citizenship in the History and Foundation of the Malaysian State

Authors

Abstract

Abstract: The meaning of citizenship in Malaysia is a tale as old as the country itself—a thorny triangular relationship between the state; the Bumiputera majority of Malay and indigenous natives; and the non-Bumiputeras minority of Chinese and Indians who primarily migrated when the region was under British colonial rule and influence. In the present, Bumiputeras enjoy a constitutionally stipulated special status—a distinction that bestows many privileges and preferential treatment in all facets of life, from commerce to education, homeownership to government employment, that is off-limits to non-Bumiputeras. Supporters of the system argue it remains necessary—a form of affirmative action to correct the economic disparity between the two groups that has largely persisted since Malaya gained its independence. Detractors contend it effectively creates two classes of citizenship while also breeding corruption. Malay nationalistic rhetoric claims it is an inviolable Social Contract, concocted in a grand bargain between Malay and non-Malay independence leaders in exchange for non-Malays gaining citizenship rights. What is less clear is the historical context that gave rise to these privileges and the views of Malaysia’s independence leadership on citizenship —in particular Tunku Abdul Rahman, Malaysia’s first prime minister and founding father. This Article intends to shed light on the confluence of history, law, economics, society, and politics in the formation of Malaysia and analyze how these circumstances affected Tunku’s leadership and his approach toward reconciling the competing goals of delivering independence and uplifting Malays while simultaneously enfranchising non-Malays and making them feel included in the new state. Introspection here would show that Tunku struggled deeply on this account—his brand of communal politics pandered to Malay nationalists while convincing non-Malay leaders to recognize that Malays needed a special status to uplift themselves in return for citizenship rights and verbal promises to act on their interests. As time progressed, both sides felt Tunku was not doing enough for them, culminating in the election and riots of May 1969 that would force him out of power. However, without Tunku’s “moderate” guiding hand, his successors would use the foundation he laid to implement more aggressive affirmative action for Malays while also diminishing any legal and political space to question the special status of Malays—defining modern Malaysia’s relationship with Bumiputera and non-Bumiputera citizens.

First Page

80

Recommended Citation

The Stripes of Glory We Wear: Reflections of the Legal Role and Intricacies of Citizenship in the History and Foundation of the Malaysian State, 35 Wash. Int’l L.J. 80 (2026).
Available at: https://digitalcommons.law.uw.edu/wilj/vol35/iss1/6