What are the freedoms and rights available to the Malaysian citizens

as provided for in the Malaysian Constitution? List out the relevant

provisions of the Malaysian Constitution which states out such

rights and freedoms.

a. INTRODUCTION

The fact of the question requires details upon the freedoms and

rights made available to Malaysian citizens in the Malaysian Constitution.

There are a number of articles under the Federal Constitution that

provides for freedoms and rights to the Malaysian citizen.

b. WHAT ARE THERE?

First and foremost, Article 5 of the Federal Constitution (Art 5

FC) provides for the rights of liberty for a person. 1 Based upon the

article, one could basically see that the matters are more concerning

criminal process, preventive of detention and property rights.

Secondly, Article 6 of the Federal Constitution (Art 6 FC)

generally prohibits force labour and slavery. 2 For further understanding,

let one illustrate; A was a secondary 5 student and was chosen to

1
Le g al Re se arc h B oard, “ Fe de ral C onsti tu ti on ” , (2 00 7 ), I nte rn ati onal
L aw B ook Se rvi c e s. 1 5
2
Id, 16
participate in the national service programme (PLKN). Therefore, one

could see that A cannot say that the government had used force labour for

military training. This is because; Parliament had provided such

compulsory service (national service programme) for national purpose.

Moving on, Article 7 of the Federal Constitution (Art 7 FC) briefly

provides protection against retrospective criminal laws and repeated

trials. 3 This can be seen where B had done a strict liability offence, such

as parking his car by the ‘yellow line’. Then, he will be facing a penalty.

Therefore, the law had prescribed the punishment to such offence cannot

be any other penalty (such as convicted for life imprisonment or capital

punishment) because it is so absurd and ambiguous. This has therefore

provided under Art 7 (1) FC . 4

The next pointer shall be Article 8 of the Federal Constitution (Art

8 FC) . 5 Here, a classic example is where C (a female) has been working in

Organisation X for 20 years and D (a male) has been working in the same

department for 7 years. When promotion had been announced, it was found

that it had been made to D and not C. The reason behind this was an

unacceptable one (because C was in fact an efficient worker compare to

D). The main reason given was that, C is a female; therefore she cannot

hold the responsible. One would be of the opinion that the organisation

3
Ibid
4
Id, 17
5
Ibid
has been practicing gander biasness. Thus, leading to an inequality in the

organisation, this goes against Art 8 FC .

Article 9 of the Federal Constitution (Art 9 FC) briefly provides

for the prohibition of banishment and freedom of movement. 6 This can be

seen through this example; if E is a West Malaysian citizen, he must enter

Sabah and Sarawak with his passport. This has clearly provided under

Art 9 (3) . 7 As can be seen, Sabah and Sarawak enjoys unique position

prior to this article.

Next, Article 10 of the Federal Constitution (Art 10 FC) in brief

provides for the freedom of speech, assembly, and association. 8 Even

though this article provides for such freedoms, nevertheless there are

restrictions for such freedom. The restriction is therefore subjected to

Clauses (2), (3) and (4) . The reason is in fact to ensure ‘sensitive issues’

are being protected and to guarantee the peacefulness of the nation.

Further, Article 11 of the Federal Constitution (Art 11 FC)

generally provide for the freedom of religion. 9 Even though this particular

article gives rights to the citizen to choose their preferred religion,

nonetheless restriction has been made towards Muslim’s believers.

6
Id, 18
7
Ibid
8
Ibid
9
Id, 19
Further, this article prevents law relating to public order, public health or

morality.

Article 12 of the Federal Constitution (Art 12 FC) explains rights

in respect of education. 1 0 For further understanding, let one provide for an

example; a school (Sekolah Kebangsaan take for an example) cannot

refuse a student who is a ‘free thinker ’. Thus, it does not mean that a

person without any ‘beliefs’ should be cast or being enforce fees upon him

alone. Therefore, it contrary (Art 12 FC) .

Last but not least, Article 13 of the Federal Constitution (Art 13

FC) rationalizes rights to property. 11 Bear in mind, (Art 13 FC) is a

controversial article, particularly upon the word ‘property’.

c. CONCLUSION

To conclude, based upon the list given, it is clear to one that the

Federal Constitution provides for 9 fundamental liberties.

10
Id, 20
11
Ibid