“We will also defend the special rights of the Malays and bumiputera, without abandoning the other races…” – Anwar, as reported in Malaysiakini on 1st August, 2018.
“A congress on the future of the bumiputera and the nation will be held soon, where we will gather economists and experts from various sectors…This is to discuss the steps that need to be taken to strengthen the status of the bumiputera, while at the same time ensuring distributive justice for other ethnicities,” – Azmin Ali, as reported in Malaysiakini on 1st August, 2018.
“It shall be the responsibility of the Yang di-Pertuan Agong to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities in accordance with the provisions of this Article” – Article 153 (1), Federal Constitution.
In the 182 Articles and the 13 Schedules of the Federal Constitution, there is not a single reference to “special rights of the Malays” or “bumiputera”.
So what special rights of the Malays is Anwar speaking of?
Is the division of this nation into two, Bumiputra and Non-Bumiputra, unconstitutional and therefore illegal?
Yesterday, The Star quotes Anwar as saying that we “cannot only think of meritocracy and then leave the poorest and the marginalised groups as they are. This is not supporting the principle of justice. As we promote meritocracy, we should give space so that Malays in villages and natives in rural areas will also be lifted. Then, they will be able to compete in a meritocracy”.
Well, the provisions of Article 153(1) were intended to do precisely that : give the Malays a helping hand so that, in time, they would be able to compete on a level playing field, founded on meritocracy.
How much time would be needed to help the Malays to “catch up”?
The Reid Commission, that crafted the Federal Constitution for us, recommended that this provision of a “special position” be reviewed within 15 years of independence.
“Our terms of reference require that provision should be made in the Constitution for the ‘safeguarding of the special position of the Malays and the legitimate interests of other Communities’. In addition, we are asked to provide for a common nationality for the whole of the Federation and to ensure that the Constitution shall guarantee a democratic form of Government. In considering these requirements it seemed, to us that a common nationality was the basis upon which a unified Malayan nation was to be created and that under a democratic form of Government it was inherent that all the citizens of Malaya, irrespective of race, creed or culture, should enjoy certain fundamental rights including equality before the law. We found it difficult, therefore, to reconcile the terms of reference if the protection of the special position of the Malays signified the granting of special privileges, permanently, to one community only and not to the others. The difficulty of giving one community a permanent advantage over the others was realised by the Alliance Party, representatives of which, led by the Chief Minister, submitted that in an independent Malaya all nationals should be accorded equal rights, privileges and opportunities and there must not be discrimination on grounds of race and creed…’ The same view was expressed by their Highnesses in their memorandum, in which they said that they ‘look forward to a time not too remote when it will become possible to eliminate Communalism as a force in the political and economic life of the country’. When we came to determine what is ‘the special position of the Malays’… we found that… the special position of the Malays has always been recognised… We found that there are now four matters with regard to which the special position of the Malays is recognised and safeguarded… the system of reserving land for Malays has been in action for many years… There are now in operation quotas for admission to the public services… There are now also in operation quotas in respect of the issuing of permits or licences for the operation of certain businesses… In many classes of scholarships, bursaries and other forms of aid for educational purposes preference is given to Malays… We found little opposition in any quarter to the continuance of the present system for a time, but there was great opposition in some quarters to any increase of the present preferences and to their being continued for any prolonged period. We are of opinion that in present circumstances it is necessary to continue these preferences. The Malays would be at a serious and unfair disadvantage compared with other communities if they were suddenly withdrawn. But, with the integration of the various communities into a common nationality which we trust will gradually come about, the need for these preferences will gradually disappear. Our recommendations are made on the footing that the Malays should be assured that the present position will continue for a substantial period, but that in due course the present preferences should be reduced and should ultimately cease so that there should then be no discrimination between races or communities…We recommend that after 15 years there should be a review of the whole matter and that the procedure should be that the appropriate Government should cause a report to be made and laid before the appropriate legislature; and that the legislature should then determine either to retain or to reduce any quota or to discontinue it entirely”. – Reid Commission
The “Special position” was never intended for all eternity.
It ought to have been reviewed in or about 1972.
13th May, 1969 got in the way of any such review.
Anwar now speaks of giving “space so that Malays in villages and natives in rural areas will also be lifted” so that “they will be able to compete in a meritocracy”.
Anwar, in fact, harkens back to the aspirations of the Reid Commission.
In 1970, based on governmental statistics, we were a nation of some 10 million people, half of whom were categorised as poor.
In 1973, Tun Razak contrived the New Economic Policy : a two-pronged plan to address the state of poverty.
In 1974, Petronas was created.
We were now an oil producing nation.
Financial resources to give the fullest effect to the NEP were at hand.
UMNO, through BN, has had 44 years, with huge financial resources from the oil and gas industry, to have long seen the aspirations of the NEP achieved.
What’s the national population now?
30 million?
How many of those 30 million still categorised as poor?
30%?
How long will Anwar and Pakatan Harapan have us wait to see the day when we are a nation of equals, when meritocracy will truly be the order of the day?
How long more a nation founded on lies?
The People's Parliament 
ben
August 14, 2018
there is one weak link in ph and guess who’s still relying on the race and religion card to remain relevant…..and these bunch are still monkeying around for position and power when they shud be focusing on governing….and this is really really wearing my patience thin and i speak for many
Vanaja
August 14, 2018
Dear Haris,
This is very disturbing news. For many reasons of discrimination, particularly for my children, I left Malaysia and reside in Australia now. But Malaysia is still deep in my psyche. I returned in 2013 to vote, hoping for a change. Could not do so for GE14 because I’m an Australian citizen now. With PH winning the elections I was so excited for a new Malaysia.
It looks like that will never happen. To keep themselves in power PH will go the old way. I was asked if I would return to make Malaysia my second home. My reply” Not until the Rukun Negara is realised – eradication of poverty and restructure of society irrespective of race.”
I remain sad for Malaysia.
Warm regards,
Vanaja.
Sent from my iPhone
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Sarjeet Singh Sidhu
August 15, 2018
Thank you, Haris, for highlighting what still worries all non-Bumiputras. We are all too aware of the issues you have raised, but are still unable to express our views, whether in writing or in speech, on account of the ‘police state’ mentality to which we have been subject all these years.
You have said, “UMNO, through BN, has had 44 years, with huge financial resources from the oil and gas industry, to have long seen the aspirations of the NEP achieved.” Again that’s something we know. Why have the Bumiputras not achieved the ‘target’ after so many years of State help?
Makes you wonder:
1. Were the NEP-type policies wrong to begin with?
2. If the policies were right, is it possible the implementation was wrong?
There is a 3rd question, but I have to withhold that; I’m confident that some will have that figured out.
All in, what all this says is that either the last 44 years were a waste or that there is no intention to allow for equality for all Malaysians.
The euphoria of the GE14 results, which is still somewhat palpable, not withstanding, we still have little confidence in any government actually working towards a truly meritocratic society where all Malaysians will be treated equally. But it is worrisome that those on whom we had pinned our hopes continue to harp on the “special privileges” for some: it appears as if the maintenance of the “special privileges” is going to be in perpetuity.
I end by quoting you: “How long will Anwar and Pakatan Harapan have us wait to see the day when we are a nation of equals, when meritocracy will truly be the order of the day? How long more a nation founded on lies?”
Sceptic Malaysian
Shaku
August 15, 2018
Haris many tks for highlighting this, what seems to be a ridiculosly long issue. Fancy brazenly calling ourselves a Nation when we have not had the courtesy to honour what is imbeded in our sacred Constitution…that Malaysians are equal! God we have given this government the mandatr to take over the mantel of good governance without even getting a promise from them to put issues as sacred as equality right
The answer to your blog question is that …we will remain a divided “nation” maybe, God forbid forever, as kkthe lies will become truth.
I echo what the great Karpal said, ” jangan maien2 dengan Perlembahagan Malaysia”
Tun M has to bear in mind tha he has asked for Allah’s forgiveness. ALLAH WILL NOT LISTEN, UNTIL TUN M RIGHTS THE PRESENT SITUATION.
Lee Chee Chong
August 15, 2018
What s the difference between Anwar’s proposal of special rights to the Malays ( sound like another NEP under BN ) and the so called ” not to neglect other races sound very enticing. Chances are that if we were to apply this argument to bring up the rural poor Malays first( not that we want them to remain poor ) before they can compete on equal footing of meritocracy is going backwards and to hoodwink us into believing that non Malays will not be neglected. Every time there is some ” offers” such as scholarships, employment or busnises etc, surely those in authorities will offer the Malays first ( based on special privileges) and What s left, if any, to offer other races. Will this go on forever?
In order to develop a strong nation, regardless of race/religion, people must learn to stand on their own and soon they will be strong able to compete in a level playing field without the referee being on their sides.
This reliance on the government has been going on too long and instead of doing them good is in fact misleading them on to a ”
dependable mentality “!
The greater the ” pressure “, the greater the struggles the stronger the people become.
Julian
August 15, 2018
Great piece sir. It is rather thought provoking, whichever side of the divide one is. I’m certain the initial intent of the implementation of the NEP was noble. However, over time, with wealth and power, it took quite a cynical route, especially so when it is in the hands of few. We would like to believe that someday we will all be equal but the bitter truth is there will always be first amongst equals. The best we could achieve is to narrow the gap between the haves and the not so privileged of us. I recall reading somewhere that the top 1% of the Malays have about 1000 times more in assets than the bottom 80%. This is not acceptable however way you want to look at it. I believe despite the imperfection and cracks that appear more apparent by the day of the new administration, more good will be done than bad. But then again, the old regime was never a good benchmark in anyway.
WILLIAM
August 15, 2018
HARIS,IT IS SAD PH GOVERNMENT LOOKS LIKE UMNO 2.THEY NEVER WANT CHANGES.WHERE IS NEW MALAYSIA?????
Dato A Nelson
August 16, 2018
Well said Harris, time that someone spoke out reminded all those who have conveniently forgotten what was in writing or have they?
Dato A Nelson
August 16, 2018
Well said Harris, time that someone spoke out reminding all those who have conveniently forgotten what was in writing or have they?
WILLIAM
September 2, 2018
HARIS,I DONT SEE ANY NEW MALAYSIA TILL NOW.SO SAD