Is there a social contract in Malaysia as continually proclaimed by the mainstream politicians of both the ruling Barisan Nasional and opposition? There is no true social contract. As a matter of fact, there is no social contract at all in Malaysia. Our constitution is lacking what it takes to be a social contract.

1. The initial constitution was negotiated between Umno, MCA, MIC and the British, leaving out the present complex multi-partisan politics and thriving civil society. Hence it guarantees Umno hegemony with MCA and MIC playing secondary roles.

2. The Umno-dominated Barisan Nasional has amended the constitution more than 40 times since independence to further their racial dominance. Apartheid in the form of Umno dominance is here to stay.

3. Our basic rights to peaceful assembly, to speak out, to live in safety, to freedom of movement, to learn in our own languages, to practise our own religions equally without intimidation, to equal citizenship have all been denied by the Umno-dominated government.

4. We have been segregated by neo-apartheid in its most sophisticated way as our constitution permits racial and religious dominance.

5. Dissidents have to face draconian laws such as the Internal Security Act, a law left behind by the British, one that was also applied by the South African apartheid regime until the 1990s.

6. Electoral fraud and manipulation have made elections as good as none. Local government elections was abolished to clip the wings of the opposition, making Barisan Nasional seem indispensable.

7. Our constitution permits interference of the judiciary by the executive.

8. Our constitution permits a single-race-dominated civil service, military and police forces.

Do we have to accept an oppressing constitution as a social contract? Our oppressive constitution is definitely not the social contract described by Jean-Jacques Rousseau in the 1700s. An unfair, unjust and oppressive social contract is no social contract at all.