Article 153 of the Constitution of Malaysia
Encyclopedia
Article 153 of the Constitution of Malaysia
grants the Yang di-Pertuan Agong
(King of Malaysia) responsibility for “safeguard[ing] the special position of the ‘Malays
’ and natives of any of the States of Sabah
and Sarawak
and the legitimate interests of other communities” and goes on to specify ways to do this, such as establishing quota
s for entry into the civil service
, public scholarship
s and public education
.
Article 153 is one of the most controversial articles in the Malaysian constitution. Critics consider it to create an unnecessary and racialist
distinction between Malaysians of different ethnic backgrounds, because it has led to the implementation of affirmative action
policies which benefit only the Bumiputra
, who comprise a majority
of the population. Technically, discussing the repeal
of Article 153 is illegal—even in Parliament
, although it was drafted as a temporary provision to the Constitution. Despite this prohibition on discussion, the article is heatedly debated both privately and publicly among Malaysians. Opposition groups
, especially the Democratic Action Party
, are often against the implementation of the article although ostensibly maintaining support for it. Nevertheless, the article is viewed as a sensitive matter by many, with politicians who are in favour or oppose it often being labelled as racist
.
The article is primarily seen as a continuation of previous laws made by the British
to protect the indigenous peoples from being overwhelmed by the immigration of Chinese and Indian workers into Malaya
. In the years after independence in 1957, the Chinese and Indians were generally rich urban dwellers, whilst the Bumiputra were mostly poor farmers or manual labourers.
The first clause of the article provides that the government should act "in accordance with the provisions of this Article".
. The commission, which had been formed to lay the groundwork for a Constitution in the run-up to Malaysia's pending independence, released the report in 1957 as the Report of the Federation of Malaya Constitutional Commission 1957 or The Reid Commission Report. In the report, the Reid Commission stated that "provision should be made in the Constitution for the 'safeguarding of the special position of the Malays and the legitimate interests of the other Communities'." However, the Commission "found it difficult [...] 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 Reid Commission reported that Tunku Abdul Rahman
and the Malay Rulers had asked 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." At that time, Tunku Abdul Rahman was the leader of the United Malays National Organisation
(UMNO), which led the Alliance
coalition
. Eventually the Alliance would become the Barisan Nasional and Tunku Abdul Rahman later became the first Prime Minister of Malaysia
. When succeeding to the UMNO Presidency, Tunku had expressed doubts about the loyalty of the non-Malays to Malaya, and as a result, insisted that this be settled before they be granted citizenship. However, he also stated that "For those who love and feel they owe undivided loyalty to this country, we will welcome them as Malayans. They must truly be Malayans, and they will have the same rights and privileges as the Malays."
The Commission found the existing privileges accorded to the Malays included the allocation of extensive Malay land reservations. In addition, the Commission discovered quotas for admission to the public services with a general rule that "not more than one-quarter of new entrants [to a particular service] should be non-Malays." Operation quotas existed in regard to the issuing of permits or licences for the operation of certain businesses "chiefly concerned with road haulage and passenger vehicles for hire." In addition, there existed "scholarship
s, bursaries and other forms of aid for educational purpose" where preference was given to Malays.
Although the Commission reported it did not find opposition to the continuance of the existing privileges for a certain length of time, it stated that "there was great opposition in some quarters to any increase of the present preferences and to their being continued for any prolonged period." The Commission recommended that the existing privileges should be continued as the "Malays would be at a serious and unfair disadvantage compared with other communities if they were suddenly withdrawn." However, "in due course the present preferences should be reduced and should ultimately cease." The Commission suggested that these provisions be revisited in 15 years, and that a report should be presented to the appropriate legislature (currently the Parliament of Malaysia
) and that the "legislature should then determine either to retain or to reduce any quota or to discontinue it entirely."
Originally there was no reference made to other indigenous peoples of Malaysia (then Malaya) such as the Orang Asli
, but with the union of Malaya with Singapore
, Sabah
and Sarawak
in 1963, the Constitution was amended so as to provide similar privileges for the indigenous peoples of East Malaysia (Sabah and Sarawak), grouping them with the Malays as Bumiputra
.
The scope of Article 153 is limited by Article 136, which requires that civil servants be treated impartially regardless of race.
But there continued to exist substantial political opposition to the economic reforms designed to aid the Malays. Some contended that Article 153 appeared to unduly privilege the Bumiputra as a higher class of Malaysian citizenry. Many Chinese and Indians also felt unfairly treated since some of them had been there for generations - since the mid-19th century - and yet until the late 1950s, they still had not been awarded Malaysian citizenship. However, a majority of the Malays during that time believed that the Chinese and the Indians came to Malaya
for economic purposes only, working at plantations and mines.
In the 1970s, substantial economic reforms were enacted to address the economic imbalance. In the 1980s and 1990s, more affirmative action was also implemented to create a Malay class of entrepreneurs. Public opposition to such policies appeared to wither away after the rioting of May 1969, with parties running on a platform of reducing Bumiputra privileges losing ground in Parliamentary
elections. However, in the first decade of the 21st century, debate was revived when several government politicians made controversial statements on the nature of Malay privileges as set out by Article 153.
Lee Kuan Yew
of the People's Action Party
(PAP), who publicly questioned the need for Article 153 in Parliament, and called for a "Malaysian Malaysia
". In a speech, Lee bemoaned what would later be described as the Malaysian social contract:
"According to history, Malays began to migrate to Malaysia in noticeable numbers only about 700 years ago. Of the 39% Malays in Malaysia today, about one-third are comparatively new immigrants like the secretary-general of UMNO, Dato' Syed Ja'afar Albar, who came to Malaya from Indonesia
just before the war at the age of more than thirty. Therefore it is wrong and illogical for a particular racial group to think that they are more justified to be called Malaysians and that the others can become Malaysian only through their favour."
Lee also criticised the government's policies by stating that "[t]hey, the Malay, have the right as Malaysian citizens to go up to the level of training and education that the more competitive societies, the non-Malay society, has produced. That is what must be done, isn't it? Not to feed them with this obscurantist doctrine that all they have got to do is to get Malay rights for the few special Malays and their problem has been resolved." He also lamented "Malaysia—to whom does it belong? To Malaysians. But who are Malaysians? I hope I am, Mr Speaker, Sir. But sometimes, sitting in this chamber, I doubt whether I am allowed to be a Malaysian."
Lee's statements upset many, especially politicians from the Alliance. Then Finance Minister Tan Siew Sin
called Lee the "greatest, disruptive force in the entire history of Malaysia and Malaya." The Tunku considered Lee to be too extremist in his views, while other UMNO politicians thought Lee was simply taking advantage of the situation to pander to the Chinese Malaysians. PAP-UMNO relations
were chilled further when UMNO officials publicly backed the opposition Singapore Alliance Party
in Singapore's 1963 general election
and PAP responded in turn by fielding several candidates in the Malaysian federal elections in 1964. These acts were seen by each party as challenges of the other's authority in their respective domains, and in violation of previous agreements made by the PAP and UMNO before merger not to contest each other's elections until Malaysia had matured enough. The tension led to the 1964 racial riots
in Singapore that killed 36 people. Eventually, the Tunku decided to ask Singapore, through Lee and some of his closest confidantes, to secede from Malaysia. Eventually, Lee (reluctantly) agreed to do so, and Singapore became an independent nation in 1965, with Lee as its first Prime Minister
. The Constitution of Singapore
contains an article, Article 152, that names the Malays as "indigenous people" of Singapore and therefore requiring special safeguarding of their rights and privileges as such. However, the article specifies no policies for such safeguarding.
broke out. In the preceding election, parties like the Democratic Action Party
(DAP, formerly the Malaysian branch of the PAP) and Parti Gerakan Rakyat Malaysia
, which opposed special Bumiputra privileges, had made substantial gains, coming close to defeating the Alliance and forming a new government. The largely Chinese opposition Democratic Action Party and Gerakan later secured a police permit for a victory parade through a fixed route in Kuala Lumpur
, the capital city of Malaysia. However, the rowdy procession deviated from its route and headed through the Malay district of Kampung Baru
, jeering at the inhabitants. While the Gerakan party issued an apology the next day, UMNO announced a counter-procession starting from the head of Selangor state Dato' Harun bin Idris on Jalan Raja Muda. Reportedly, the gathering crowd was informed that Malays on their way to the procession had been attacked by Chinese in Setapak, several miles to the north. The angry protestors swiftly wreaked revenge by killing two passing Chinese motorcyclists, and the riot began. The official death toll was approximately 200, although some would later estimate it to be as high as 2000. The riot was later attributed to the underlying discontent among Malays due to poverty.
UMNO Parliamentary backbencher Mahathir Mohamad soon became the face of a movement against the Tunku, arguing that he had been too accommodative towards the non-Malays. In a letter to the Prime Minister, demanding his resignation, Mahathir argued that the Tunku had given the Chinese "too much face" and that the responsibility for the deaths of the people in the riot rested squarely on the Tunku's shoulders. Mahathir was expelled from UMNO not long after, and Home Affairs Minister Ismail Abdul Rahman
warned that "[t]hese ultras
believe in the wild and fantastic theory of absolute dominion by one race over the other communities, regardless of the Constitution".
The government suspended Parliament and the executive branch governed on its own through the National Operations Council (NOC) until 1971. The NOC proposed amendments to the Sedition Act
that made illegal the questioning of, among others, Article 153. These amendments were passed by Parliament as law when it reconvened in 1971.
During the period of NOC governance, the Malaysian New Economic Policy
(NEP) was implemented. The NEP aimed to eradicate poverty irrespective of race by expanding the economic pie so that the Chinese share of the economy would not be reduced in absolute terms but only relatively. The aim was for the Malays to have a 30% equity share of the economy, as opposed to the 4% they held in 1970. Foreigners and Chinese held much of the rest. The NEP appeared to be derived from Article 153 and could be viewed as being in line with its wording. Although Article 153 would have been up for review in 1972, fifteen years after Malaysia's independence in 1957, due to the May 13 Incident
it remained unreviewed. A new expiration date of 1991 for the NEP was set, twenty years after its implementation.
Mahathir, who had been a strong supporter of affirmative action for the Malays since the late 1960s, expounded upon his views in his book The Malay Dilemma
while in political exile. The book argued that stronger measures were needed to improve the Malays' economic lot. It also contended that the Malays were the "definitive" people and thus "rightful owners" of Malaysia, which also entitled them to their privileges. Mahathir was rehabilitated under the second Prime Minister, Tun Abdul Razak, and was appointed as the Deputy of the third Prime Minister, Tun Hussein Onn
. When Hussein Onn resigned, Mahathir became Prime Minister.
During Mahathir's tenure as Prime Minister, the NEP, after its expiry, was replaced by the National Development Policy
(NDP), that sought to create a Malay class of entrepreneurs and business tycoons. However, allegations of corruption
and nepotism
plagued Mahathir's administration, and Mahathir's goal of creating a new class of Malay tycoons was criticised for ignoring the rural Malays, who comprised the majority of the Malay population. Under Mahathir, quotas for entry into public universities
were enforced, with some universities such as Universiti Teknologi MARA
(UiTM) admitting only Bumiputra
students. In 1998, then Education Minister Najib Tun Razak
(son of Tun Abdul Razak who implemented the NEP) stated that without quotas, only 5% of undergraduates in public universities would be Malays. Najib argued this justified the need for the continuance of quotas.
These policies also mandate that publicly listed companies must set aside 30% of equity for Bumiputras; discounts that must be provided for automobile and real estate purchases; a set amount of lots set aside for Bumiputras in housing projects; companies submitting bids for government projects be Bumiputra-owned and that Approved Permits (APs) for importing automobiles be preferentially given to Bumiputras. The equity in the publicly listed companies is disbursed by the Trade Ministry, and sold to selected Bumiputras at substantial discounts. However, the recipients frequently sell their stake in the companies immediately. The policies continued the Bumiputra advantage in higher education. In practice, however, most of these privileges went to Malays, and non-Malay Bumiputras, like the Orang Asli or aboriginal peoples, did not appear to have benefited much from Article 153 or policies such as the NEP.
". However, this policy by and large streams Bumiputras into what is termed matriculation
, as a prelude to university admission, whereby students take a course and later sit for a test set by the instructor. The non-Bumiputras generally sit for the Sijil Tinggi Pelajaran Malaysia (STPM) standardised examination in order to enter university. Although it is possible for non-Bumiputras to enter matriculation, and Bumiputras who prefer to take the STPM may do so, in practice, it is difficult for non-Bumiputras to gain entry into the matriculation stream.
The meritocracy policy itself came in for criticism from both sides of the political divide, with some quarters of UMNO calling it "discrimination," leading to an "uneven playing field," and asked for the restoration of the quota system that set the ratio of Bumiputra to non-Bumiputra students in public institutions at 55 to 45. Others, however, branded meritocracy as a sham due to its division of students into the two different streams.
In 2003, Mahathir was succeeded by Abdullah Ahmad Badawi
, who, like his predecessor, warned the Malays that overreliance on their privileges would be fatal. "A continuing reliance on crutches will further enfeeble [the nation], and we may eventually end up in wheelchairs." However, within UMNO, some, such as Education Minister Hishamuddin bin Hussein - Hussein Onn's son, and UMNO Deputy Permanent Chairman Badruddin Amiruldin
, appeared to disagree and in turn argued for the protection of Malay privileges.
In 2005, several Malays, led by Hishamuddin at the UMNO Annual General Meeting (AGM) argued that the 30% equity target of the NEP had yet to be met and called on the government to restore the NEP as the New National Agenda
(NNA). At the past year's AGM, Badruddin had warned questioning Article 153 and "Malay rights" would be akin to stirring up a hornet
's nest, and declared, "Let no one from the other races ever question the rights of Malays on this land." The year before, UMNO Youth Information Chief Azmi Daim had also said, "In Malaysia, everybody knows that Malays are the masters of this land. We rule this country as provided for in the federal constitution. Any one who touches upon Malay affairs or criticizes Malays is [offending] our sensitivities."
At the 2005 AGM, Hishamuddin brandished the traditional Malay dagger
, the kris
, while warning the non-Bumiputras not to attack Malay rights and "ketuanan Melayu
" (translated variously as Malay supremacy or dominance). His action was applauded by the UMNO delegates. Then Higher Education Minister Shafie Salleh
also stated that he would ensure the amount of new Malay students admitted would always exceed the old quotas set, and that UiTM would remain an all-Bumiputra institution.
At present, the Bumiputra privileges both enshrined in Article 153 and as set out by other acts of law, remain in force. Many opposition parties including, the DAP and Parti Keadilan Rakyat
(PKR), have pledged themselves to undoing the NEP. The DAP has argued that it does not have anything against the special position of Bumiputras as set out in Article 153, but seeks to undo the government's policies such as the NEP that they believe discriminate unfairly against the non-Bumiputras. The PKR, which was founded to fight for the release of former Deputy Prime Minister Anwar Ibrahim
, who had been detained for charges of corruption and sodomy
after he publicly opposed Mahathir's policies, also has criticised the NEP. After Anwar's release in 2004, he criticised the NEP as having failed the Malays and stated that he would seek its replacement by a more equitable policy.
The NEP and other privileges accorded to the Bumiputras or Malays under Article 153 have been noted for not explicitly seeking to eradicate poverty among the Malays, but instead largely aiming to improve the Malays' overall share of the economy, even if this share is held by a small number of Malays. However, the NEP has also been defended as having been largely successful in creating a Malay middle class
and improving Malaysian standards of living
without compromising the non-Bumiputra share of the economy in absolute terms; indeed, statistics indicate that the Chinese and Indian middle classes also grew under the NEP, albeit not as much as the Malays'. It has also been contended that the NEP defused racial tensions by eradicating the perception of the Chinese as the mercantile class and the perception of the Malays as mere farmers.
Article 10 (4) of the Constitution permits Parliament to make it illegal to question, among others, Article 153 of the Constitution. Under the Sedition Act, questioning Article 153 is indeed illegal—even for Members of Parliament, who usually have the freedom to discuss anything without fear of external censure. The government can also arbitrarily detain anyone it desires theoretically for sixty days, but in reality for an undetermined length of time, under the Internal Security Act
(ISA). In 1987 under Operation Lalang
(literally "weeding operation"), several leaders of the DAP, including Lim Kit Siang and Karpal Singh
, were held under the ISA. It is widely believed this was due to their calling for the NEP and other Malay privileges to be reviewed. Others have questioned the constitutionality of the NEP.
In 2005, the issue of the Constitution and its provisions was also brought up by several politicians within the government itself. Lim Keng Yaik
of the Gerakan
party, which by now had joined Barisan Nasional
, the ruling coalition, asked for a re-examination of the social contract
so that a Bangsa Malaysia
(literally 'Malaysian race' or 'Malaysian nation' in the Malay language
) could be achieved. The social contract is a term used to describe the Constitution's provisions with regard to the different races' privileges—those who defend it and Article 153 often define the social contract as providing the Indians and Chinese with citizenship in exchange for the Malays' special rights or ketuanan Melayu.
Lim was severely criticised by many Malay politicians, including Khairy Jamaluddin
, the Prime Minister's son-in-law and Deputy Chairman of the UMNO Youth wing, and Ahmad Shabery Cheek
, a prominent Malay Member of Parliament from the state of Terengganu
. The Malay press, most of which is owned by UMNO, also ran articles condemning the questioning of the social contract. Lim was adamant, asking in an interview "How do you expect non-Malays to pour their hearts and souls into the country, and to one day die for it if you keep harping on this? Flag-waving and singing the 'Negaraku
' (the national anthem) are rituals, while true love for the nation lies in the heart."
A year earlier, Abdullah had given a speech where he mentioned the most "significant aspect" of the social contract as "the agreement by the indigenous peoples to grant citizenship to the immigrant Chinese and Indians". Although Abdullah went on to state that the character of the nation changed to "one that Chinese and Indian citizens could also call their own," the speech went largely unremarked.
In the end, Lim stated that the Malay press had blown his comments out of proportion and misquoted him. The issue ended with UMNO Youth chief Hishamuddin Hussein warning people not to "bring up the issue again as it has been agreed upon, appreciated, understood and endorsed by the Constitution."
Diagram 1: Special Position of Bumiputras
Diagram 2: Legitimate Interests of Other Communities
Constitution of Malaysia
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore joined the Federation...
grants the Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....
(King of Malaysia) responsibility for “safeguard[ing] the special position of the ‘Malays
Malaysian Malay
In Malaysia, the Malay population is defined by Article 160 of the Malaysian Constitution as someone born to a Malaysian citizen who professes to be a Muslim, habitually speaks the Malay language, adheres to Malay customs and is domiciled in Malaysia or Singapore...
’ and natives of any of the States of Sabah
Sabah
Sabah is one of 13 member states of Malaysia. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south...
and Sarawak
Sarawak
Sarawak is one of two Malaysian states on the island of Borneo. Known as Bumi Kenyalang , Sarawak is situated on the north-west of the island. It is the largest state in Malaysia followed by Sabah, the second largest state located to the North- East.The administrative capital is Kuching, which...
and the legitimate interests of other communities” and goes on to specify ways to do this, such as establishing quota
Quota share
A quota share is a specified number or percentage of the allotment as a whole , that is prescribed to each individual entity ....
s for entry into the civil service
Civil service
The term civil service has two distinct meanings:* A branch of governmental service in which individuals are employed on the basis of professional merit as proven by competitive examinations....
, public scholarship
Scholarship
A scholarship is an award of financial aid for a student to further education. Scholarships are awarded on various criteria usually reflecting the values and purposes of the donor or founder of the award.-Types:...
s and public education
Public education
State schools, also known in the United States and Canada as public schools,In much of the Commonwealth, including Australia, New Zealand, South Africa, and the United Kingdom, the terms 'public education', 'public school' and 'independent school' are used for private schools, that is, schools...
.
Article 153 is one of the most controversial articles in the Malaysian constitution. Critics consider it to create an unnecessary and racialist
Racialism
Racialism is an emphasis on race or racial considerations. Currently, racialism entails a belief in the existence and significance of racial categories, but not necessarily that any absolute hierarchy between the races has been demonstrated by a rigorous and comprehensive scientific process...
distinction between Malaysians of different ethnic backgrounds, because it has led to the implementation of affirmative action
Affirmative action
Affirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...
policies which benefit only the Bumiputra
Bumiputra
Bumiputera or Bumiputra is a Malay term widely used in Malaysia, embracing indigenous people of the Malay Archipelago. The term comes from the Sanskrit word bhumiputra, which can be translated literally as "son of land"...
, who comprise a majority
Majoritarianism
Majoritarianism is a traditional political philosophy or agenda which asserts that a majority of the population is entitled to a certain degree of primacy in society, and has the right to make decisions that affect the society...
of the population. Technically, discussing the repeal
Repeal
A repeal is the amendment, removal or reversal of a law. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned....
of Article 153 is illegal—even in Parliament
Parliament of Malaysia
The Parliament of Malaysia is the national legislature of Malaysia, based on the Westminster system. The bicameral parliament consists of the House of Representatives and the Senate. The King as the Head of State is the third component of Parliament....
, although it was drafted as a temporary provision to the Constitution. Despite this prohibition on discussion, the article is heatedly debated both privately and publicly among Malaysians. Opposition groups
Opposition (politics)
In politics, the opposition comprises one or more political parties or other organized groups that are opposed to the government , party or group in political control of a city, region, state or country...
, especially the Democratic Action Party
Democratic Action Party
The Democratic Action Party, or DAP is a secular, multi-racial, social democratic Malaysian political party.The DAP is one of the three major opposition parties in Malaysia, along with the PKR and PAS, that are seen as electable alternatives to the Barisan Nasional coalition of parties...
, are often against the implementation of the article although ostensibly maintaining support for it. Nevertheless, the article is viewed as a sensitive matter by many, with politicians who are in favour or oppose it often being labelled as racist
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
.
The article is primarily seen as a continuation of previous laws made by the British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
to protect the indigenous peoples from being overwhelmed by the immigration of Chinese and Indian workers into Malaya
Malay Peninsula
The Malay Peninsula or Thai-Malay Peninsula is a peninsula in Southeast Asia. The land mass runs approximately north-south and, at its terminus, is the southern-most point of the Asian mainland...
. In the years after independence in 1957, the Chinese and Indians were generally rich urban dwellers, whilst the Bumiputra were mostly poor farmers or manual labourers.
The first clause of the article provides that the government should act "in accordance with the provisions of this Article".
Origins
The Constitution was drafted on the basis of a report from the Reid CommissionReid Commission
The Reid Commission was an independent commission responsible for drafting the Constitution of the Federation of Malaya prior to Malayan independence from Britain on 31 August 1957.-History:...
. The commission, which had been formed to lay the groundwork for a Constitution in the run-up to Malaysia's pending independence, released the report in 1957 as the Report of the Federation of Malaya Constitutional Commission 1957 or The Reid Commission Report. In the report, the Reid Commission stated that "provision should be made in the Constitution for the 'safeguarding of the special position of the Malays and the legitimate interests of the other Communities'." However, the Commission "found it difficult [...] 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 Reid Commission reported that Tunku Abdul Rahman
Tunku Abdul Rahman
Tunku Abdul Rahman Putra Al-Haj ibni Almarhum Sultan Abdul Hamid Halim Shah, AC, CH was Chief Minister of the Federation of Malaya from 1955, and the country's first Prime Minister from independence in 1957. He remained as the Prime Minister after Sabah, Sarawak, and Singapore joined the...
and the Malay Rulers had asked 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." At that time, Tunku Abdul Rahman was the leader of the United Malays National Organisation
United Malays National Organisation
The United Malays National Organisation, is Malaysia's largest political party; a founding member of the National Front coalition, which has played a dominant role in Malaysian politics since independence....
(UMNO), which led the Alliance
Barisan Nasional
Barisan Nasional is a major political coalition in Malaysia, formed in 1973 as the successor to the Alliance . Along with its predecessor, it has been Malaysia's federal ruling political force since independence...
coalition
Coalition
A coalition is a pact or treaty among individuals or groups, during which they cooperate in joint action, each in their own self-interest, joining forces together for a common cause. This alliance may be temporary or a matter of convenience. A coalition thus differs from a more formal covenant...
. Eventually the Alliance would become the Barisan Nasional and Tunku Abdul Rahman later became the first Prime Minister of Malaysia
Prime Minister of Malaysia
The Prime Minister of Malaysia is the indirectly elected head of government of Malaysia. He is officially appointed by the Yang di-Pertuan Agong, the head of state, who in HM's judgment is likely to command the confidence of the majority of the members of that House of Representatives , the...
. When succeeding to the UMNO Presidency, Tunku had expressed doubts about the loyalty of the non-Malays to Malaya, and as a result, insisted that this be settled before they be granted citizenship. However, he also stated that "For those who love and feel they owe undivided loyalty to this country, we will welcome them as Malayans. They must truly be Malayans, and they will have the same rights and privileges as the Malays."
The Commission found the existing privileges accorded to the Malays included the allocation of extensive Malay land reservations. In addition, the Commission discovered quotas for admission to the public services with a general rule that "not more than one-quarter of new entrants [to a particular service] should be non-Malays." Operation quotas existed in regard to the issuing of permits or licences for the operation of certain businesses "chiefly concerned with road haulage and passenger vehicles for hire." In addition, there existed "scholarship
Scholarship
A scholarship is an award of financial aid for a student to further education. Scholarships are awarded on various criteria usually reflecting the values and purposes of the donor or founder of the award.-Types:...
s, bursaries and other forms of aid for educational purpose" where preference was given to Malays.
Although the Commission reported it did not find opposition to the continuance of the existing privileges for a certain length of time, it stated that "there was great opposition in some quarters to any increase of the present preferences and to their being continued for any prolonged period." The Commission recommended that the existing privileges should be continued as the "Malays would be at a serious and unfair disadvantage compared with other communities if they were suddenly withdrawn." However, "in due course the present preferences should be reduced and should ultimately cease." The Commission suggested that these provisions be revisited in 15 years, and that a report should be presented to the appropriate legislature (currently the Parliament of Malaysia
Parliament of Malaysia
The Parliament of Malaysia is the national legislature of Malaysia, based on the Westminster system. The bicameral parliament consists of the House of Representatives and the Senate. The King as the Head of State is the third component of Parliament....
) and that the "legislature should then determine either to retain or to reduce any quota or to discontinue it entirely."
Originally there was no reference made to other indigenous peoples of Malaysia (then Malaya) such as the Orang Asli
Orang Asli
Orang Asli , is a generic Malaysian term used for people indigenous to Peninsular Malaysia...
, but with the union of Malaya with Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
, Sabah
Sabah
Sabah is one of 13 member states of Malaysia. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south...
and Sarawak
Sarawak
Sarawak is one of two Malaysian states on the island of Borneo. Known as Bumi Kenyalang , Sarawak is situated on the north-west of the island. It is the largest state in Malaysia followed by Sabah, the second largest state located to the North- East.The administrative capital is Kuching, which...
in 1963, the Constitution was amended so as to provide similar privileges for the indigenous peoples of East Malaysia (Sabah and Sarawak), grouping them with the Malays as Bumiputra
Bumiputra
Bumiputera or Bumiputra is a Malay term widely used in Malaysia, embracing indigenous people of the Malay Archipelago. The term comes from the Sanskrit word bhumiputra, which can be translated literally as "son of land"...
.
The scope of Article 153 is limited by Article 136, which requires that civil servants be treated impartially regardless of race.
Controversy
Although the Bumiputra have always been the largest racial segment of the Malaysian population (about 65%), their economic position has also tended to be precarious. As late as 1970, 13 years after the drafting of the constitution, they controlled only 4% of the economy, with much of the rest being held by Chinese and foreign interests. As a result, the Reid Commission had recommended the drafting of Article 153 to address this economic imbalance.But there continued to exist substantial political opposition to the economic reforms designed to aid the Malays. Some contended that Article 153 appeared to unduly privilege the Bumiputra as a higher class of Malaysian citizenry. Many Chinese and Indians also felt unfairly treated since some of them had been there for generations - since the mid-19th century - and yet until the late 1950s, they still had not been awarded Malaysian citizenship. However, a majority of the Malays during that time believed that the Chinese and the Indians came to Malaya
Malay Peninsula
The Malay Peninsula or Thai-Malay Peninsula is a peninsula in Southeast Asia. The land mass runs approximately north-south and, at its terminus, is the southern-most point of the Asian mainland...
for economic purposes only, working at plantations and mines.
In the 1970s, substantial economic reforms were enacted to address the economic imbalance. In the 1980s and 1990s, more affirmative action was also implemented to create a Malay class of entrepreneurs. Public opposition to such policies appeared to wither away after the rioting of May 1969, with parties running on a platform of reducing Bumiputra privileges losing ground in Parliamentary
Parliament of Malaysia
The Parliament of Malaysia is the national legislature of Malaysia, based on the Westminster system. The bicameral parliament consists of the House of Representatives and the Senate. The King as the Head of State is the third component of Parliament....
elections. However, in the first decade of the 21st century, debate was revived when several government politicians made controversial statements on the nature of Malay privileges as set out by Article 153.
Early debate
The article has been a source of controversy since the early days of Malaysia. In particular, it was not entirely clear if Article 153 was predicated on the Malays' economic status at the time, or if it was meant to recognise Bumiputra as a special class of citizens. Some took the latter view, like Singaporean politicianPolitician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
Lee Kuan Yew
Lee Kuan Yew
Lee Kuan Yew, GCMG, CH is a Singaporean statesman. He was the first Prime Minister of the Republic of Singapore, governing for three decades...
of the People's Action Party
People's Action Party
The People's Action Party is the leading political party in Singapore. It has been the city-state's ruling political party since 1959....
(PAP), who publicly questioned the need for Article 153 in Parliament, and called for a "Malaysian Malaysia
Malaysian Malaysia
The phrase "Malaysian Malaysia" was originally used in the early 1960s as the rallying motto of the Malaysian Solidarity Council, a confederation of political parties formed to oppose Article 153 of the Constitution of Malaysia...
". In a speech, Lee bemoaned what would later be described as the Malaysian social contract:
"According to history, Malays began to migrate to Malaysia in noticeable numbers only about 700 years ago. Of the 39% Malays in Malaysia today, about one-third are comparatively new immigrants like the secretary-general of UMNO, Dato' Syed Ja'afar Albar, who came to Malaya from Indonesia
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
just before the war at the age of more than thirty. Therefore it is wrong and illogical for a particular racial group to think that they are more justified to be called Malaysians and that the others can become Malaysian only through their favour."
Lee also criticised the government's policies by stating that "[t]hey, the Malay, have the right as Malaysian citizens to go up to the level of training and education that the more competitive societies, the non-Malay society, has produced. That is what must be done, isn't it? Not to feed them with this obscurantist doctrine that all they have got to do is to get Malay rights for the few special Malays and their problem has been resolved." He also lamented "Malaysia—to whom does it belong? To Malaysians. But who are Malaysians? I hope I am, Mr Speaker, Sir. But sometimes, sitting in this chamber, I doubt whether I am allowed to be a Malaysian."
Lee's statements upset many, especially politicians from the Alliance. Then Finance Minister Tan Siew Sin
Tan Siew Sin
Tun Tan Siew Sin was Malaya's first Minister of Commerce and Industry, Finance Minister for 15 years, and president of the Malayan Chinese Association .-Early life:...
called Lee the "greatest, disruptive force in the entire history of Malaysia and Malaya." The Tunku considered Lee to be too extremist in his views, while other UMNO politicians thought Lee was simply taking advantage of the situation to pander to the Chinese Malaysians. PAP-UMNO relations
PAP-UMNO relations
The sometimes turbulent relationship between the People's Action Party and United Malays National Organisation , which were, and still are, the ruling parties respectively of Singapore and Malaysia, has affected the recent history of both states.-Origins:Both parties have common roots, being...
were chilled further when UMNO officials publicly backed the opposition Singapore Alliance Party
Singapore Alliance Party
The Singapore Alliance Party, or sometimes known as just Singapore Alliance, was a coalition of political parties that contested several elections in Singapore, notably the 1955 Elections of Singapore and the 1963 Elections of Singapore that was heavily backed by the local chapter of the United...
in Singapore's 1963 general election
Singapore general election, 1963
The Singapore legislative assembly general election of 1963 was an election that took place in Singapore on 21 September 1963 following five days after the merger with Malaysia and therefore as an autonomous state of Malaysia...
and PAP responded in turn by fielding several candidates in the Malaysian federal elections in 1964. These acts were seen by each party as challenges of the other's authority in their respective domains, and in violation of previous agreements made by the PAP and UMNO before merger not to contest each other's elections until Malaysia had matured enough. The tension led to the 1964 racial riots
1964 Race Riots
The 1964 Race Riots were a series of riots that took place in Singapore during two separate periods in July and September between Chinese and Malay groups. The first incident occurred on 21 July during a Malay procession that marked Prophet Muhammad's birthday. In total, the violence killed 36...
in Singapore that killed 36 people. Eventually, the Tunku decided to ask Singapore, through Lee and some of his closest confidantes, to secede from Malaysia. Eventually, Lee (reluctantly) agreed to do so, and Singapore became an independent nation in 1965, with Lee as its first Prime Minister
Prime Minister of Singapore
The Prime Minister of the Republic of Singapore is the head of the government of the Republic of Singapore. The President of Singapore appoints as Prime Minister a Member of Parliament who, in his opinion, is most likely to command the confidence of a majority of MPs.The office of Prime Minister...
. The Constitution of Singapore
Constitution of Singapore
The Constitution of Singapore is the supreme law of Singapore and it is a codified constitution.The constitution cannot be amended without the support of more than two-thirds of the members of parliament on the second and third readings . The president may seek opinion on constitutional issues...
contains an article, Article 152, that names the Malays as "indigenous people" of Singapore and therefore requiring special safeguarding of their rights and privileges as such. However, the article specifies no policies for such safeguarding.
Racial rioting
On 13 May 1969, a few days after the 10 May general election, a race riotMay 13 Incident
The 13 May Incident is a term for the Sino-Malay sectarian violences in Kuala Lumpur , Malaysia, which began on 13 May 1969...
broke out. In the preceding election, parties like the Democratic Action Party
Democratic Action Party
The Democratic Action Party, or DAP is a secular, multi-racial, social democratic Malaysian political party.The DAP is one of the three major opposition parties in Malaysia, along with the PKR and PAS, that are seen as electable alternatives to the Barisan Nasional coalition of parties...
(DAP, formerly the Malaysian branch of the PAP) and Parti Gerakan Rakyat Malaysia
Parti Gerakan Rakyat Malaysia
The Malaysian People's Movement Party is a political party in Malaysia. The party was founded on March 24, 1968, and , it is part of the ruling National Front coalition....
, which opposed special Bumiputra privileges, had made substantial gains, coming close to defeating the Alliance and forming a new government. The largely Chinese opposition Democratic Action Party and Gerakan later secured a police permit for a victory parade through a fixed route in Kuala Lumpur
Kuala Lumpur
Kuala Lumpur is the capital and the second largest city in Malaysia by population. The city proper, making up an area of , has a population of 1.4 million as of 2010. Greater Kuala Lumpur, also known as the Klang Valley, is an urban agglomeration of 7.2 million...
, the capital city of Malaysia. However, the rowdy procession deviated from its route and headed through the Malay district of Kampung Baru
Kampung Baru
Kampung Baru is a Malay enclave in the heart of Kuala Lumpur, Malaysia.It is also one of the most valuable tracts of land in the capital and is estimated to be worth up to US$1.4 billion...
, jeering at the inhabitants. While the Gerakan party issued an apology the next day, UMNO announced a counter-procession starting from the head of Selangor state Dato' Harun bin Idris on Jalan Raja Muda. Reportedly, the gathering crowd was informed that Malays on their way to the procession had been attacked by Chinese in Setapak, several miles to the north. The angry protestors swiftly wreaked revenge by killing two passing Chinese motorcyclists, and the riot began. The official death toll was approximately 200, although some would later estimate it to be as high as 2000. The riot was later attributed to the underlying discontent among Malays due to poverty.
UMNO Parliamentary backbencher Mahathir Mohamad soon became the face of a movement against the Tunku, arguing that he had been too accommodative towards the non-Malays. In a letter to the Prime Minister, demanding his resignation, Mahathir argued that the Tunku had given the Chinese "too much face" and that the responsibility for the deaths of the people in the riot rested squarely on the Tunku's shoulders. Mahathir was expelled from UMNO not long after, and Home Affairs Minister Ismail Abdul Rahman
Ismail Abdul Rahman
Tun Dr Ismail Abdul Rahman was a Malaysian politician from the United Malays National Organisation . He held several Malaysian ministerial posts and was appointed as the second Deputy Prime Minister in 1970 by then Prime Minister Tun Abdul Razak. Three years later, Tun Dr Ismail died in office due...
warned that "[t]hese ultras
Ultra (Malaysia)
During the 1960s in Malaysia and Singapore, some racial extremists were referred to as "ultras". The phrase was most commonly used by the first Prime Minister of Singapore, Lee Kuan Yew, and other leaders of his political party, the People's Action Party , to refer to Malay extremists...
believe in the wild and fantastic theory of absolute dominion by one race over the other communities, regardless of the Constitution".
The government suspended Parliament and the executive branch governed on its own through the National Operations Council (NOC) until 1971. The NOC proposed amendments to the Sedition Act
Sedition Act (Malaysia)
The Sedition Act in Malaysia is a law prohibiting discourse deemed as seditious. The act was originally enacted by the colonial authorities of British Malaya in 1948...
that made illegal the questioning of, among others, Article 153. These amendments were passed by Parliament as law when it reconvened in 1971.
During the period of NOC governance, the Malaysian New Economic Policy
Malaysian New Economic Policy
The Malaysian New Economic Policy , was an ambitious and controversial socio-economic restructuring affirmative action program launched by the Malaysian government in 1971 under the then Prime Minister Tun Abdul Razak. The NEP ended in 1990, and was succeeded by the National Development Policy in...
(NEP) was implemented. The NEP aimed to eradicate poverty irrespective of race by expanding the economic pie so that the Chinese share of the economy would not be reduced in absolute terms but only relatively. The aim was for the Malays to have a 30% equity share of the economy, as opposed to the 4% they held in 1970. Foreigners and Chinese held much of the rest. The NEP appeared to be derived from Article 153 and could be viewed as being in line with its wording. Although Article 153 would have been up for review in 1972, fifteen years after Malaysia's independence in 1957, due to the May 13 Incident
May 13 Incident
The 13 May Incident is a term for the Sino-Malay sectarian violences in Kuala Lumpur , Malaysia, which began on 13 May 1969...
it remained unreviewed. A new expiration date of 1991 for the NEP was set, twenty years after its implementation.
Additional affirmative action
The Malay Dilemma
The Malay Dilemma is a controversial book written by Mahathir bin Mohamad in 1970, 11 years before he became Malaysia's 4th Prime Minister.At the time of publication, Mahathir had just lost his parliamentary seat, been expelled from the ruling party UMNO and Malaysia had recently been rocked by the...
while in political exile. The book argued that stronger measures were needed to improve the Malays' economic lot. It also contended that the Malays were the "definitive" people and thus "rightful owners" of Malaysia, which also entitled them to their privileges. Mahathir was rehabilitated under the second Prime Minister, Tun Abdul Razak, and was appointed as the Deputy of the third Prime Minister, Tun Hussein Onn
Hussein Onn
Tun Hussein bin Dato' Onn who is of 3/4 Malay and 1/4 Circassian ancestry was the third Prime Minister of Malaysia, ruling from 1976 to 1981. He was granted the soubriquet Bapa Perpaduan...
. When Hussein Onn resigned, Mahathir became Prime Minister.
During Mahathir's tenure as Prime Minister, the NEP, after its expiry, was replaced by the National Development Policy
National Development Policy
The National Development Policy replaced the Malaysian New Economic Policy in 1990 but continued to pursue most of NEP policies. The Malay share of the economy, though substantially larger, was not near the 30% target according to government figures...
(NDP), that sought to create a Malay class of entrepreneurs and business tycoons. However, allegations of corruption
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
and nepotism
Nepotism
Nepotism is favoritism granted to relatives regardless of merit. The word nepotism is from the Latin word nepos, nepotis , from which modern Romanian nepot and Italian nipote, "nephew" or "grandchild" are also descended....
plagued Mahathir's administration, and Mahathir's goal of creating a new class of Malay tycoons was criticised for ignoring the rural Malays, who comprised the majority of the Malay population. Under Mahathir, quotas for entry into public universities
University
A university is an institution of higher education and research, which grants academic degrees in a variety of subjects. A university is an organisation that provides both undergraduate education and postgraduate education...
were enforced, with some universities such as Universiti Teknologi MARA
Universiti Teknologi MARA
Universiti Teknologi MARA is a coeducational public university with its main campus located in Shah Alam, Selangor, Malaysia.It is the flagship institution of the Universiti Teknologi MARA...
(UiTM) admitting only Bumiputra
Bumiputra
Bumiputera or Bumiputra is a Malay term widely used in Malaysia, embracing indigenous people of the Malay Archipelago. The term comes from the Sanskrit word bhumiputra, which can be translated literally as "son of land"...
students. In 1998, then Education Minister Najib Tun Razak
Najib Tun Razak
Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak is the sixth, and since 2009, Prime Minister of Malaysia. He previously held the post of Deputy Prime Minister from 7 January 2004 until he succeeded Tun Abdullah Ahmad Badawi as Prime Minister on 3 April 2009. Najib is President of the United...
(son of Tun Abdul Razak who implemented the NEP) stated that without quotas, only 5% of undergraduates in public universities would be Malays. Najib argued this justified the need for the continuance of quotas.
These policies also mandate that publicly listed companies must set aside 30% of equity for Bumiputras; discounts that must be provided for automobile and real estate purchases; a set amount of lots set aside for Bumiputras in housing projects; companies submitting bids for government projects be Bumiputra-owned and that Approved Permits (APs) for importing automobiles be preferentially given to Bumiputras. The equity in the publicly listed companies is disbursed by the Trade Ministry, and sold to selected Bumiputras at substantial discounts. However, the recipients frequently sell their stake in the companies immediately. The policies continued the Bumiputra advantage in higher education. In practice, however, most of these privileges went to Malays, and non-Malay Bumiputras, like the Orang Asli or aboriginal peoples, did not appear to have benefited much from Article 153 or policies such as the NEP.
Meritocracy
In 2003, Mahathir began stressing that Malays needed to abandon their "crutches," and implemented a policy of "meritocracyMeritocracy
Meritocracy, in the first, most administrative sense, is a system of government or other administration wherein appointments and responsibilities are objectively assigned to individuals based upon their "merits", namely intelligence, credentials, and education, determined through evaluations or...
". However, this policy by and large streams Bumiputras into what is termed matriculation
Matriculation
Matriculation, in the broadest sense, means to be registered or added to a list, from the Latin matricula – little list. In Scottish heraldry, for instance, a matriculation is a registration of armorial bearings...
, as a prelude to university admission, whereby students take a course and later sit for a test set by the instructor. The non-Bumiputras generally sit for the Sijil Tinggi Pelajaran Malaysia (STPM) standardised examination in order to enter university. Although it is possible for non-Bumiputras to enter matriculation, and Bumiputras who prefer to take the STPM may do so, in practice, it is difficult for non-Bumiputras to gain entry into the matriculation stream.
The meritocracy policy itself came in for criticism from both sides of the political divide, with some quarters of UMNO calling it "discrimination," leading to an "uneven playing field," and asked for the restoration of the quota system that set the ratio of Bumiputra to non-Bumiputra students in public institutions at 55 to 45. Others, however, branded meritocracy as a sham due to its division of students into the two different streams.
In 2003, Mahathir was succeeded by Abdullah Ahmad Badawi
Abdullah Ahmad Badawi
Tun Abdullah bin Haji Ahmad Badawi is a Malaysian politician who served as Prime Minister from 2003 to 2009. He was also the President of the United Malays National Organisation , the largest political party in Malaysia, and led the governing Barisan Nasional parliamentary coalition...
, who, like his predecessor, warned the Malays that overreliance on their privileges would be fatal. "A continuing reliance on crutches will further enfeeble [the nation], and we may eventually end up in wheelchairs." However, within UMNO, some, such as Education Minister Hishamuddin bin Hussein - Hussein Onn's son, and UMNO Deputy Permanent Chairman Badruddin Amiruldin
Badruddin Amiruldin
Dato' Paduka Hajji Badruddin bin Amiruldin is a Malay Malaysian politician. He was born in 1951. He is currently the Deputy Permanent Chairman of the United Malays National Organisation , the largest Malay political party in the country and the leader of the ruling Barisan Nasional coalition...
, appeared to disagree and in turn argued for the protection of Malay privileges.
In 2005, several Malays, led by Hishamuddin at the UMNO Annual General Meeting (AGM) argued that the 30% equity target of the NEP had yet to be met and called on the government to restore the NEP as the New National Agenda
New National Agenda
The New National Agenda is a set of policies and objectives devised by the ruling party of Malaysia, UMNO, as a fresh means to continue the Malaysian New Economic Policy under prime minister Abdullah Badawi. A major proponent of the NNA has been Khairy Jamaluddin, the Deputy Head of UMNO Youth and...
(NNA). At the past year's AGM, Badruddin had warned questioning Article 153 and "Malay rights" would be akin to stirring up a hornet
Hornet
Hornets are the largest eusocial wasps; some species can reach up to in length. The true hornets make up the genus Vespa and are distinguished from other vespines by the width of the vertex , which is proportionally larger in Vespa and by the anteriorly rounded gasters .- Life cycle :In...
's nest, and declared, "Let no one from the other races ever question the rights of Malays on this land." The year before, UMNO Youth Information Chief Azmi Daim had also said, "In Malaysia, everybody knows that Malays are the masters of this land. We rule this country as provided for in the federal constitution. Any one who touches upon Malay affairs or criticizes Malays is [offending] our sensitivities."
At the 2005 AGM, Hishamuddin brandished the traditional Malay dagger
Dagger
A dagger is a fighting knife with a sharp point designed or capable of being used as a thrusting or stabbing weapon. The design dates to human prehistory, and daggers have been used throughout human experience to the modern day in close combat confrontations...
, the kris
Kris
The kris or keris is an asymmetrical dagger or sword nowadays most strongly associated with the culture of Indonesia, but also indigenous to Malaysia, Southern Thailand and Brunei. It is known as kalis in the southern Philippines. The kris is famous for its distinctive wavy blade , but many have...
, while warning the non-Bumiputras not to attack Malay rights and "ketuanan Melayu
Ketuanan Melayu
Ketuanan Melayu is a political concept emphasizing Malay preeminence in present day Malaysia. The Malays of peninsular Malaysia claimed a special position and special rights owing to their long domicile and the role of the Malay rulers of the nine Malay states...
" (translated variously as Malay supremacy or dominance). His action was applauded by the UMNO delegates. Then Higher Education Minister Shafie Salleh
Shafie Salleh
Dr. Shafie Salleh is a Malaysian politician and former Higher Education Minister of Malaysia. He is a strong advocate of the racialist ideology of Ketuanan Melayu and the exclusion of non-Malay from certain institutions of higher learning....
also stated that he would ensure the amount of new Malay students admitted would always exceed the old quotas set, and that UiTM would remain an all-Bumiputra institution.
Present opposition
Parti Keadilan Rakyat
The People's Justice Party , often known simply as KeADILan) is a centrist political party in Malaysia formed in 2003 by a merger of the National Justice Party and the older Malaysian People's Party...
(PKR), have pledged themselves to undoing the NEP. The DAP has argued that it does not have anything against the special position of Bumiputras as set out in Article 153, but seeks to undo the government's policies such as the NEP that they believe discriminate unfairly against the non-Bumiputras. The PKR, which was founded to fight for the release of former Deputy Prime Minister Anwar Ibrahim
Anwar Ibrahim
Anwar bin Ibrahim is a Malaysian politician who served as Malaysian Deputy Prime Minister from 1993 to 1998. Early in his career, Anwar was a close ally of Prime Minister Mahathir bin Mohamad but subsequently emerged as the most prominent critic of Mahathir's government.In 1999, he was sentenced...
, who had been detained for charges of corruption and sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
after he publicly opposed Mahathir's policies, also has criticised the NEP. After Anwar's release in 2004, he criticised the NEP as having failed the Malays and stated that he would seek its replacement by a more equitable policy.
The NEP and other privileges accorded to the Bumiputras or Malays under Article 153 have been noted for not explicitly seeking to eradicate poverty among the Malays, but instead largely aiming to improve the Malays' overall share of the economy, even if this share is held by a small number of Malays. However, the NEP has also been defended as having been largely successful in creating a Malay middle class
Middle class
The middle class is any class of people in the middle of a societal hierarchy. In Weberian socio-economic terms, the middle class is the broad group of people in contemporary society who fall socio-economically between the working class and upper class....
and improving Malaysian standards of living
Standard of living
Standard of living is generally measured by standards such as real income per person and poverty rate. Other measures such as access and quality of health care, income growth inequality and educational standards are also used. Examples are access to certain goods , or measures of health such as...
without compromising the non-Bumiputra share of the economy in absolute terms; indeed, statistics indicate that the Chinese and Indian middle classes also grew under the NEP, albeit not as much as the Malays'. It has also been contended that the NEP defused racial tensions by eradicating the perception of the Chinese as the mercantile class and the perception of the Malays as mere farmers.
Article 10 (4) of the Constitution permits Parliament to make it illegal to question, among others, Article 153 of the Constitution. Under the Sedition Act, questioning Article 153 is indeed illegal—even for Members of Parliament, who usually have the freedom to discuss anything without fear of external censure. The government can also arbitrarily detain anyone it desires theoretically for sixty days, but in reality for an undetermined length of time, under the Internal Security Act
Internal Security Act (Malaysia)
The Internal Security Act 1960 is a preventive detention law in force in Malaysia. The legislation was enacted after Malaysia gained independence from Britain in 1957. The ISA allows for detention without trial or criminal charges under limited, legally defined circumstances...
(ISA). In 1987 under Operation Lalang
Operation Lalang
Operation Lalang was carried out on October 27, 1987 by the Malaysian police to crack down on opposition leaders and social activists...
(literally "weeding operation"), several leaders of the DAP, including Lim Kit Siang and Karpal Singh
Karpal Singh
Karpal Singh is a Malaysian lawyer and politician, who has been the Member of Parliament for the neighbourhood of Bukit Gelugor in the state of Penang since 2004...
, were held under the ISA. It is widely believed this was due to their calling for the NEP and other Malay privileges to be reviewed. Others have questioned the constitutionality of the NEP.
In 2005, the issue of the Constitution and its provisions was also brought up by several politicians within the government itself. Lim Keng Yaik
Lim Keng Yaik
Tun Dr. Lim Keng Yaik is a former Malaysian politician and former Minister of Energy, Water and Communications in the Malaysian cabinet. He was the national president of Parti Gerakan Rakyat Malaysia from 1980 until stepping down on April 8, 2007 to pave the way for Tan Sri Dr Koh Tsu Koon...
of the Gerakan
Gerakan
Gerakan, meaning movement in Malay, can refer to:*the Parti Gerakan Rakyat Malaysia, a Malaysian political party*the Gerakan Pramuka Indonesian Scout movement...
party, which by now had joined Barisan Nasional
Barisan Nasional
Barisan Nasional is a major political coalition in Malaysia, formed in 1973 as the successor to the Alliance . Along with its predecessor, it has been Malaysia's federal ruling political force since independence...
, the ruling coalition, asked for a re-examination of the social contract
Social contract (Malaysia)
The social contract in Malaysia refers to the agreement made by the country's founding fathers in the Constitution. The social contract usually refers to a quid pro quo trade-off through Articles 14–18 of the Constitution, pertaining to the granting of citizenship to the non-Bumiputera of...
so that a Bangsa Malaysia
Bangsa Malaysia
The Bangsa Malaysia policy was introduced by Mahathir Mohamad, then Prime Minister of Malaysia, to create an inclusive national identity for all inhabitants of Malaysia, thus abandoning the National Culture Policy that asserted a Malay ethnic national identity...
(literally 'Malaysian race' or 'Malaysian nation' in the Malay language
Malay language
Malay is a major language of the Austronesian family. It is the official language of Malaysia , Indonesia , Brunei and Singapore...
) could be achieved. The social contract is a term used to describe the Constitution's provisions with regard to the different races' privileges—those who defend it and Article 153 often define the social contract as providing the Indians and Chinese with citizenship in exchange for the Malays' special rights or ketuanan Melayu.
Lim was severely criticised by many Malay politicians, including Khairy Jamaluddin
Khairy Jamaluddin
Khairy Jamaluddin Abu Bakar is a Malaysian politician, and the son-in-law of former Malaysian Prime Minister Abdullah Ahmad Badawi. Since 2008, Khairy has been a member of the Malaysian Parliament representing the constituency of Rembau...
, the Prime Minister's son-in-law and Deputy Chairman of the UMNO Youth wing, and Ahmad Shabery Cheek
Ahmad Shabery Cheek
YB. Dato' Sri Ahmad Shabery Cheek is a Malaysian politician. He is the Minister of Youth and Sports in the Barisan Nasional coalition government, and sits in Parliament as the member for Kemaman, Terengganu...
, a prominent Malay Member of Parliament from the state of Terengganu
Terengganu
Terengganu is a sultanate and constitutive state of federal Malaysia. The state is also known by its Arabic honorific, Darul Iman...
. The Malay press, most of which is owned by UMNO, also ran articles condemning the questioning of the social contract. Lim was adamant, asking in an interview "How do you expect non-Malays to pour their hearts and souls into the country, and to one day die for it if you keep harping on this? Flag-waving and singing the 'Negaraku
Negaraku
"Negaraku" is the national anthem of Malaysia. "Negaraku" was selected as a national anthem at the time of the Federation of Malaya's independence from Britain in 1957. The tune was originally used as the state anthem of Perak, which was adopted from a popular French melody titled "La Rosalie"...
' (the national anthem) are rituals, while true love for the nation lies in the heart."
A year earlier, Abdullah had given a speech where he mentioned the most "significant aspect" of the social contract as "the agreement by the indigenous peoples to grant citizenship to the immigrant Chinese and Indians". Although Abdullah went on to state that the character of the nation changed to "one that Chinese and Indian citizens could also call their own," the speech went largely unremarked.
In the end, Lim stated that the Malay press had blown his comments out of proportion and misquoted him. The issue ended with UMNO Youth chief Hishamuddin Hussein warning people not to "bring up the issue again as it has been agreed upon, appreciated, understood and endorsed by the Constitution."
Article 153 in Diagrams
The two diagrams below summarise the provisions of Article 153. The first shows how Article 153 deals with the special position of Malays and the natives of Sabah and Sarawak (collectively, "bumiputras") and the second shows how it deals with the legitimate interests of the other communities.Diagram 1: Special Position of Bumiputras
Diagram 2: Legitimate Interests of Other Communities
Full text of Article 153
- 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.
- Notwithstanding anything in this Constitution, but subject to the provisions of Article 40 and of this Article, the Yang di-Pertuan Agong shall exercise his functions under this Constitution and federal law in such manner as may be necessary to safeguard the special provision of the Malays and natives of any of the States of Sabah and Sarawak and to ensure the reservation for Malays and natives of any of the States of Sabah and Sarawak of such proportion as he may deem reasonable of positions in the public service (other than the public service of a State) and of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the Federal Government and, when any permit or licence for the operation of any trade or business is required by federal law, then, subject to the provisions of that law and this Article, of such permits and licences.
- The Yang di-Pertuan Agong may, in order to ensure in accordance with Clause (2) the reservation to Malays and natives of any of the States of Sabah and Sarawak of positions in the public service and of scholarships, exhibitions and other educational or training privileges or special facilities, give such general directions as may be required for that purpose to any Commission to which Part X applies or to any authority charged with responsibility for the grant of such scholarships, exhibitions or other educational or training privileges or special facilities; and the Commission or authority shall duly comply with the directions.
- In exercising his functions under this Constitution and federal law in accordance with Clauses (1) to (3) the Yang di-Pertuan Agong shall not deprive any person of any public office held by him or of the continuance of any scholarship, exhibition or other educational or training privileges or special facilities enjoyed by him.
- This Article does not derogate from the provisions of Article 136.
- Where by existing federal law a permit or licence is required for the operation of any trade or business the Yang di-Pertuan Agong may exercise his functions under that law in such manner, or give such general directions to any authority charged under that law with the grant of such permits or licences, as may be required to ensure the reservation of such proportion of such permits or licences for Malays and natives of any of the States of Sabah and Sarawak as the Yang di-Pertuan Agong may deem reasonable, and the authority shall duly comply with the directions.
- Nothing in this Article 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 or to authorised 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.
- Notwithstanding anything in this Constitution, where by any federal law any permit or licence is required for the operation of any trade or business, that law may provide for the reservation of a proportion of such permits or licences for Malays and natives of any of the States of Sabah and Sarawak; but no such law shall for the purpose of ensuring such a reservation-
- (a) deprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him;
- (b) 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 any person any permit or licence when the renewal or grant might in accordance with he other provisions of the law reasonably be expected in the ordinary course of events, or prevent any person from transferring together with his business any transferable licence to operate that business; or
- (c) where no permit or licence was previously required for the operation of the trade or business, authorise a refusal to grant a permit or licence to any person for the operation of any trade or business which immediately before the coming into force of the law he had been bona fide carrying on, or authorise a refusal subsequently to renew to any such person any permit or licence, or a refusal to grant to the heirs, successors or assigns of any such person any such permit or licence when the renewal or grant might in accordance with the other provisions of that law reasonably be expected in the ordinary course of events.
- (8A) Notwithstanding anything in this Constitution, where in any University, College and other educational institution providing education after Malaysian Certificate of Education or its equivalent, the number of places offered by the authority responsible for the management of the University, College or such educational institution to candidates for any course of study is less than the number of candidates qualified for such places, it shall be lawful for the Yang di-Pertuan Agong by virtue of this Article to give such directions to the authority as may be required to ensure the reservation of such proportion of such places for Malays and natives of any of the States of Sabah and Sarawak as the Yang di-Pertuan Agong may deem reasonable, and the authority shall duly comply with the directions.
- (9) Nothing in this Article shall empower Parliament to restrict business or trade solely for the purpose of reservations for Malays and natives of any of the States of Sabah and Sarawak.
- (9A) In this Article the expression "natives" in relation to the State of Sabah or Sarawak shall have the meaning assigned to it in Article 161A.
- The Constitution of the State of any Ruler may make provision corresponding (with the necessary modifications) to the provisions of this Article.