On a seasonal basis, usually around the time party elections are held, the issue of the social contract is raised - followed by the raising of voices, the flaring of tempers and the occasional raising of a keris or thinly-veiled references to the May 13, 1969 riots .

But what exactly is the 'social contract'? In recent interviews with malaysiakini , three academics explained the historical context of the social contract and its salient points and implications.

Political commentator and Universiti Kebangsaan Malaysia professor of social anthropology Dr Shamsul Amri Baharuddin pointed out that the social contract was the culmination of "effort and dialogue over several years" to reach a pact over the form and future of an independent Malaysia.

The immigration of Indian and Chinese labourers and entrepreneurs had, during British rule, transformed the demographics of Malaya from majority Malay to one whose Malay population was swamped by large numbers of Indians and Chinese.

He said the consolidation and settlement of the immigrant population into certain economic spheres also led to the creation of an economy defined along the fault-lines of race, a problem to be addressed only later by the New Economic Policy (1970-1990).

In order to ensure that future conflicts over communal interests were negotiated peacefully and also to perpetuate British political and economic interests in their former colony, political parties were created from Chinese, Malay and Indian-based civil societies.

Negotiated deals

The leaders of these parties thus served as brokers between their respective communities and the British. This structure of political brokerage remains the dominant structure of politics today, said Shamsul.

It was this negotiation of interests by the elite of the parties, purportedly representing the three main races, that culminated in the social contract that was enshrined in the Federal Constitution.

"The Federal Constitution - that is the social contract. The social contract was articulated in and emerged in the form of the constitution, and it is the result of negotiated deals that had the interests of the different groups' representatives," he said.

The result? A trade-off between the brokers of the respective groups. The special position of the Malays and natives of Sabah and Sarawak were guaranteed in exchange for the 'overnight' granting of citizenship to minority communities.

Political scientist Chandra Muzaffar, however, noted that the constitutional recognition of the special position of Malays and natives is in effect recognition of 'their precedence and predominance' in Malaya before British colonisation.

"The constitution also recognises Bahasa Malaysia as the national language, Islam as the official religion, and the system of (Malay) rulers," he was quoted as saying in a recent press report.

"This is a form of recognition of the history of Malay statehood before the colonial period and recognition of a political system that had always existed."

Chandra also alluded to the recognition of the educational and economic backwardness brought about by British colonial policies which required the constitutional provisions pertaining to reservation of quotas in respect of education and public services, and permits for the bumiputeras.

Non-bumi protected

But according to Tamil Foundation exco member S Nagarajan, issues involving the social contract are often created when members of one party to the pact remind others parties about the agreement.

"Whenever it's brought up, it is almost always in order to suit one particular agenda. The whole process has become distorted to where it's only about special privileges," said Nagarajan.

Agreeing, Social Strategic Foundation executive director Dr Denison Jayasooria explained that what is often missed out in debates over the social contract are the rights that 'citizenship' entail.

"The social contract is a two-way process. Part of the contract affirms the position, rights and responsibilities of the bumiputera community," he said.

"At the same time, the social contract, the constitution, protects the interests of the non-bumiputeras in such areas as language, culture, religion, opportunity to earn, their legality of citizenship, their rights to contest in election, their right to governance and things of that sort.

"As much as the Malays have rights, duties, and opportunities in the country, likewise the non-bumiputeras also have their rights, duties and opportunities. That means the position of non-bumiputeras is protected and enshrined."

Indian dilemma

The social contract's key points centre around Article 153 (7) of the constitution which states, that 'nothing in the article pertaining to Malays' special privileges shall operate to deprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him'.

The article on Malay privileges also does not 'authorise a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of a person any permit or licence when the renewal or grant might reasonably be expected in the ordinary course of events'.

In line with such rights, many grassroots organisations have long called for quotas and rebates to be extended to the Indian Malaysian community as well for housing, skills training and participation in industries.

However, according to the Education and Research Association of Consumers Malaysia, even the basic recognition of Indians as citizens has still to be achieved.

The incidence of possibly thousands of Indians being without birth certificates, or identification or marriage documents has led to untold hardship and their marginalisation, said its secretary-general T Indrani.