Quote:
"....Written records of the inter-party discussions of the Alliance leaders (prior to Merdeka) indicate that the Constitutional provisions on the "Special Position" were understood more as a PROTECTIVE measure for the Malay community which was then socio-economically disadvantaged.
The Alliance leaders in their oral submission to the Reid Commission requested the insertion of a Constitutional provision for the REVIEW of the "SPECIAL POSITION" of the MALAYS, FIFTEEN (15) years after independence.
Though subsequently removed, this implies that the Alliance leaders themselves did NOT intend the provision to be a permanent feature of independent Malaya.While Article 153 does provide the Constitutional basis for affirmative action in favour of the Malays and natives in Sabah and Sarawak, there is NO ground to suggest that doing away with the NEP necessarily requires the amendment or repeal of Article 153.
From a study of Article 153 of the Federal Constitution, such a linkage (with NEP and concept of "Ketuanan Melayu") has NO real basis whatsoever."
- Raja Aziz Addruse and Helen Ting
"..... I would like to see my children succeed in their country, Malaysia, for reasons that true success should be based upon, which are, merit and hard work, and NOT because they are Malays or bumiputeras.
For as long as the Malays don’t see this, there is very little point in fighting for Malay rights.It just makes us (Malays) look more ridiculous.
We (the Malays) have taken this notion of being privileged a bit too literally in that it now simply means we want this country and its fruits all for ourselves without accepting the responsibilities that come with it.
If we want the Malays to fail, then by all means continue the fight for Malay rights.Go and polish your keris...."
-Shaik Rizal Sulaiman
Understanding 'Special Position' of Malays
Read here
by
Raja Aziz Addruse and Helen Ting
(Raja Aziz Addruse is a former Bar Council president and former president of the National Human Rights Society (Hakam). Helen Ting is a research fellow at the Institute of Malaysian and International Studies (Ikmas), Universiti Kebangsaan Malaysia )
Excerpts: Read here for more
Public discussions on the abolition of the NEP link it up from time to time with Article 153 of the Federal Constitution regarding the SPECIAL POSITION of the Malays and natives in Sabah and Sarawak.
At times, it was even suggested that the abolition of affirmative action policies for the Malays was impossible due to the need to amend Article 153 of the Federal Constitution.
Malay ultra-nationalists (have charged) that questioning the "special position" of the Malays amounts to challenging the ideology of ketuanan Melayu.
There appear to be a lot of myths surrounding "taboo notions" such as the Constitutional provisions for the "special position".
What was historically the understanding regarding the "special position" in any case?
- Written records of the inter-party discussions of the Alliance leaders indicate that the Constitutional provisions on the "special position" were understood more as a protective measure for the Malay community which was then socio-economically disadvantaged.
- Significantly, in their oral submission to the Reid Commission, the Alliance leaders requested the insertion of a Constitutional provision for the REVIEW of the "special position" of the Malays 15 years AFTER independence.
- Though subsequently removed, this implies that the Alliance leaders themselves did NOT intend the provision to be a PERMANENT feature of independent Malaya.
"...as more and more Malays became educated and gained self-confidence, they themselves would do away with this 'special position' because in itself this 'special position' is a SLUR on the ABILITY of the Malays and only to be tolerated because it is necessary as a TEMPORARY measure to ensure their survival in the modern competitive world".Yet, WHY has it ("the special position") come to be interpreted as a symbol of Malay HEGEMONY and a PERMANENT, even defining, feature of the Malaysian nation?
- The racial riots of May 13 1969 led to the imposition of a prohibition on the questioning of a number of Constitutional provisions including Article 153.
- Meantime, the NEP was formally launched, setting clear objectives to be achieved within two decades, such as attaining a more balanced ethnic distribution of occupational engagement and for Malay share in the ownership of business to reach 30 per cent by 1990.
- (Although) the NEP officially ended in 1990, many of its wide-ranging economic and educational policies, including the popularly euphemised "quota system", remain in place till today in all but name.
- Over the decades, the comprehensive affirmative action programmes have transformed the socio-economic status of the Malay community as a social group, even though many poor Malays may not have benefited from it.
- More insidiously, the initial socio-economic justifications for these measures have over time shifted to the argument of "indigenous entitlement" or right. When affirmative action came to be viewed as a form of "indigenous entitlement", the call for reforms or abolition of the NEP has been interpreted as a challenge to ketuanan Melayu.
Article 153 and Implementation of NEP
Does a revamp of the NEP necessarily entail the amendment of Article 153 of the Federal Constitution?
Article 153 addresses the issues of reservation of quotas in respect of:
- scholarships and other educational facilities or training privileges,
- positions in the federal public service and
- the granting of permits or licences for the operation of any trade or business for Malays and the natives of Sabah and Sarawak.
Five (5) out of the 12 clauses of Article 153 set out to LIMIT the scope of its application.
(These clauses) provide that the Constitutional provisions with respect to the special position should NOT deprive or restrict OTHER communities of their legitimate interests and continued enjoyment of the same public office, rights, grants, facilities or privileges which might reasonably be expected in the ordinary course of events.
It could be argued that in order to respect the Constitutional spirit, the translation of this so-called "special position" into practical measures by the policy-makers should judiciously ensure that they are perceived as "reasonable", equitable and just by SOCIETY AS A WHOLE.
The original spirit of the NEP, as defined by its twin objectives of the restructuring of society and the eradication of poverty REGARDLESS of race, abides by this same sense of fair play and social justice.
While Article 153 does provide the Constitutional basis for affirmative action in favour of the Malays and natives in Sabah and Sarawak, there is NO ground to suggest that doing away with the NEP necessarily requires the amendment or repeal of Article 153.
While we cannot stop politicians with vested interests from linking up the NEP and Article 153 with the concept of ketuanan Melayu, we should at least be able to evaluate their discourse for what it is worth.
And it is apparent from a study of Article 153 of the Federal Constitution that such a linkage has NO real basis whatsoever.
COMMENTARY
MALAY RIGHTS - A MYSTICAL MYTH?
Read here in Malaysiakini
by
Shaik Rizal Sulaiman
The Malays are ‘technically’ in power governing the country but it also this same controlling group that demands the right to correct economic imbalances and disparities for its own race.
What does this say about the ‘majority governing’ Malay race for the last 50 years?
I dare say that most Malaysians (regardless of race) below the age of 40 would like to see all opportunities be spread amongst those who deserve it on meritocracy.
We do not need the keris anymore to tell others to be careful of what they say and do because in the survival of the fittest, the keris is of very little relevance!
If we continue to hide under the ‘bumiputera’ tempurung as most Malays have been in the last 50 years or more, the catch-up game will just get harder and the gap wider.
If we continue to expect without earning it, we will never learn how to be a race that succeeds on merit.
There is NO substitute for merit.
The Malay politicians continue to shout about Malay rights and bumiputera rights because the very nature of our local politics is sadly racially biased.
In this day and age, a great nation is built upon joint success stories, meritocracy and the combined hard work of its people WITHOUT any fear or favour of racial biased politics governing our daily policies.
I am below 40 and as much as I love the ‘idea’ that Malaysia is tanah tumpahnya darah orang Melayu, I can’t help but also feel that this country is for ALL Malaysians alike including the Chongs, the Kumars, the Xaviers, the Kaurs etc who were born on the same day in the same hospital as me here in Malaysia.
If we feel that WE (the Malays) deserve this country more than THEM , then WE (the Malays) should have shown them a long time ago that we deserve the ‘control all’ status.
We have to earn it.
The policies FAILED because the very concept of Malay rights or the NEP/DEB is like a double-edged sword.
On one hand, it aims to eradicate wealth disparity but on the other, it has made the Malays oblivious of what reality is. Our (Malays) success is only reflected in the ‘perceived’ political power which today can collapse in a matter of minutes.
I would also like to see my children succeed in their country, Malaysia, for reasons that true success should be based upon, which are merit and hard work and NOT because they are Malays or bumiputeras.
For as long as the Malays don’t see this, there is very little point in fighting for Malay rights.
It just makes us look more ridiculous.
We have taken this notion of being privileged a bit too literally in that it now simply means we want this country and its fruits all for ourselves without accepting the responsibilities that come with it.
I blame the MALAY politicians for this because we want to only fight the cause without strategising for the true substance and need of the cause. We have been given fish all the while without being taught how to fish.
It’s funny how two different generations can be so diverse in their thinking and the recent elections proved just that. We are no longer concerned with racial problems but more so the never-ending Malay agenda issues.
The rakyat has spoken and the landscape has drastically changed.
Is this change welcomed? Is it good?
The answer is ‘NO' . Because we,the Malays, have been caught with our pants down - we are not ready to compete on any level playing field (we can’t even compete on advantageous grounds!).
Even with three or five more continuing policies for Malay rights or bumiputera privileges over the next 50 years, we will still be in exactly the same position as we are in today.
The truth hurts and the truth will always prevail. And the truth of what’s to come will NOT go away.
I am cynical perhaps because I feel that Malay rights is NOT relevant anymore.
The right to be safe, to be treated fairly, to have a world-class healthcare and education, to enjoy equal prosperity, to have good governance, to live in a clean environment and to be war-free is what I want for my Malaysia. NOT for MY race to be artificially powerful.
If we want the Malays to fail, then by all means continue the fight for Malay rights. Go and polish your keris.
-Shaik Rizal Sulaiman
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