SOCIO-ECONOMIC RIGHTS FOR SUSTAINABLE DEVELOPMENT INMALAYSIA: LESSONS FROM SELECTED AFRICAN COUNTRIES’ CONSTITUTIONS

Abstract

Malaysia has made considerable impacts in nation-building, in developing its economy and in improving the quality of life of its people. Since Independence, real gross domestic product (GDP) has grown by an average of 6.5 per cent per annum during 1957 to 2009, one of the highest growth rates achieved by sovereign nations of similar age and size. Within the same period, GDP per capita in current prices grew by 7.0 per cent per annum, which has translated into substantial improvements in the people’s quality of life. Extensive advances were made in education, health, infrastructure and industry. Sustaining socio-economic development in Malaysia requires the inclusion of adequate socioeconomic rights in its Constitution and the justiciablity of those rights. The socio economic rights provided in the Malaysian Constitution are grossly inadequate and Malaysia needs to learn more from Selected African Countries’ Constitutions such as South Africa, Nigeria and Ghana. The paper is therefore divided into five parts. The first part introduces the topic and sets the tone of the paper. The second part examines the meaning of socioeconomic rights and sustainable development. The third part examines the inadequacy of socio economic rights provided for under the Malaysian Constitution and the issue of justiciablity, the fourth part examines socio-economic rights in South Africa, Nigeria and Ghana and the issue of justiciablity. The last part concludes the paper and makes a number of recommendations stating the lessons to be learnt from the selected African Countries Constitutions and stressing the need for adequate inclusion of socioeconomic rights in the Malaysian Constitution.