This is an excerpt from the writings by Tan Sri Abdul Aziz Abdul Rahman published in the NSTP today.In this article Tan Sri Abdul Aziz discuss about the constitutional provisions and the definition Article 153, the ideological concept of Ketuanan Melayu and the intentions of the New Economic Policy.
Excerpts:
EVERY citizen should be familiar with the Federal Constitution. Both Malays and non-Malays should understand the intent and the letter of the provisions in the Constitution regarding the "special position" of the Malays as embodied in Article 153.
They should also know the history of that provision in order to appreciate why and how it was inserted in the Constitution.
Does doing away with the New Economic Policy necessarily mean challenging Article 153? Should the Constitutional provisions regarding the "special position" be understood as the symbolic affirmation of Ketuanan Melayu? What was, historically, the understanding regarding the "special position" in any case?
Article 153 of the Constitution has nothing to do with the ideology of Ketuanan Melayu. This issue is clear and no one should attempt to cloud it.The New Economic Policy (NEP) is a socio-economic policy for the purpose of restructuring society and eradicating poverty irrespective of race or religion.
The NEP was introduced to give substance to the Rukun Negara which was launched in consequence of the May 13, 1969 racial riots.
It has no direct relationship with Article 153 except that the NEP took into consideration the spirit and intent of the "special position" of the Malays and the natives of Sabah and Sarawak.
Whatever happens to the NEP does not affect Article 153. We should also look at the history of the "special position" of the Malays as embodied in Article 153.
The "special position" of the Malays was already in the Federation of Malaya Agreement 1948 and in all the Constitutions of the Malay States.
The quota system was already in existence before Merdeka and the Malays already were enjoying that privilege.
(My notes & comment: This is Article 153 title: Reservation of "Quotas" in respect of services, permits, etc, for Malays and Natives of Sabah and Sarawak. Take note that Article 153 has nothing to do with any other privileges that is fictitiously claimed; it is purely and clearly a privilege as to the provisions for QUOTAS for services, scholarships and permits, of "such proportions as the Yang di-Pertuan Agong shall deem reasonable" and only the Agong can exercise this functions under the Constitution. Also take note that Article 153(4) itself state in no uncertain term that in exercising this function under this Constitution and federal law in accordance with Clauses (1) to (3), the Agong "shall not deprive any person of any public office held by him or of the continuance of any scholarships enjoyed or training privileges or special facilities enjoyed by him". Article 153(7) further states that: "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 or to authorise a refusal to renew permits.")The Alliance Party had asked for independence from the British in order to improve their position and not to be worse off.
It is clear that Article 153 was inserted in the Constitution for it to last a long time.
It is a sensitive issue and no one should question it. In any case, Article 153 is an enabling provision and it is left to the government in power to implement its provisions as reasonably as possible.
It is clear that Article 153 was inserted in the Constitution for it to last a long time.
It is a sensitive issue and no one should question it. In any case, Article 153 is an enabling provision and it is left to the government in power to implement its provisions as reasonably as possible.
The writer is a legal adviser for the Malay National Consultative Council ('Majlis Muafakat Kebangsaan Melayu'), a non-govermental organisation formed after the Malay Consultative Congress in Johor in May this year.
Read the full article here and here
I like to cite a passage from the biography of the late Tun Dr Ismail Abdul Rahman; this passage was also cited in Tan Sri Abdul Aziz writings:
... [Tun Dr Ismail] was alleged to have said:
"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".
17 comments:
maverick,
i do believe and totally agrees with what late Tun Dr. Ismail said as u quoted.. i am a malay myself.. and i am very grateful for the quotas that enable me to go further in my life.. but there is always inside me that wonders.. where would i be without all these quotas?? will i still be what i am today?? i know that all i have today is not only about the quotas.. my parents way of raising me and myself is the main factor of turning me into what i am today..
my point is that i never know if the quotas had really helped me or is it making me look incompetent to others??
i remember when i'm in secondary school i have lots of friends no matter what their races are.. i remember when i was going for the boarding school.. when i were saying goodbye to them.. one of my non malay friends says that i am lucky that i'm a malay.. can go to boarding school which is better that my present school.. at that time, i just felt i am lucky and just smiled.. but now when i reflect back.. i felt like he might said that i was able to go to a better school just because i am a malay, not because of my achievement.. it struck me years later..
so relating to what late Tun Dr Ismal said.. the quotas are only to give us a glimpse of hope at that trial time so we can improve further.. Now i think there is many Malay who are professionals and even became big tycoons and entrepreneurs. also not to mention some 'successful' politicians who 'developed' the country.
question is that do they pay back to the country who helped them.. do they pay back by helping their malay and non malay friends who need help and guidance.. my personal opinion is that we malays must know when to use and let go the quota.. so that only the people in need is helped and no abused of the 'special privillege' happens..
because i don't want to feel 'helped' after all the effort i'd put into my life.. i want to be successful because of with Allah's will and after working hard for it.. i succeed.. not bcos of quotas..
just my 2 cents
NEP is okay for the first 20-30 years to get Melayu to be first class and not to spoon-feed Melayu to the extend that Melayu become dependable to NEP for future survival.
It is totally incorrect that Melayu are Benggap and Sleazy; the NEP only enriches the top Elites especially those related to Royalty, Ex-PM family and kids, and their related SOB.
Many Melayu, the hardworking and sincere are being deprived by the actual NEP objectives.
The only way forward to to remove the existing UMNO and all UMNO and BN Corrupt leaders and members; set their brain right with MOTTO such as "Winning is About Thinking One Step Ahead" and not backwards.
UMNO and BN have had sodomised too many Malaysians, left right and centre. Its about time Rakyat under the PR Flag eliminated the BN and UMNO Khinzirs for good!
Blurr33,
Thanks for sharing your journey in life.
I too agree with Tun Ismail; but I think the quota system must be upheld until such time when the majority of the Malays are more confident of themselves and their capabilities.
However, it is sad to note that not much effort had been implemented by the political leaders to build up the capabilities and capacities of the Malays other than giving handouts, rent-seekers, APs, Projects-on-point-of-sales, university places without merits, appointment, employment and promotions in civil services, etc. What actually happened is that the Malays are given things that they need not earn or strive hard to achieve; they just get it from political connections, just like Saiful who had 0.8 CGPA and promised with recommendations from DPM for scholarships. As such, the Malays in general were not pushed and motivated to get results through hardwork, never built their competencies and capabilities, and stayed mediocre.
That said, there are of course some Malays who did work hard and had achieved results, which, unfortunately, are not the majority. If you go and do a survey in all the public universities, you will probably understand what I said.
In my opinion, the quotas are still necessary at this stage, but at the same time, the government must push the Malays towards capacity and capability enhancements by affirmative actions and motivations. Here again, it is unfortunate that the BN govt and Umno are more interested in rhetorics and continually cry and threatened using slogans and ideological weapons such as Ketuanan, Article 153 had been used as a weapon to threatened others, and NEP as a means of getting handouts, free shares, selling projects, APs for sale, etc. With these sort of rhetorics the vast majority of Malays will continue to spent their efforts and time in getting connections, rubbing shoulders with political masters, and allocate too much time to political functions instead of spending time in their studies and business processes. The end result would still remain what it is; rent-seeking, handouts, and crutches.
The sad truth is, those other races are moving far ahead though they had been discriminated and marginalized. The parents are more prepared for the impending futures of their children. The new graduates are striving hard to acquire knowledge, experiences and capabilities, benchmarking themselves with those professionals from Singapore, Taiwan and Hongkong. Due to their consciousness of the disadvantages and discriminative policies they get prepared to meet international standards and strive to meet the competitive advantage needed. Most are continuing their studies towards Master Degrees and Doctorates in order to gain competitive advantages.
Whatever I had said, and what we can observed, the majority of the Malays in general will be left behind in terms of knowledge competitiveness, experiences and capabilities. Many will continue to hope that BN govt will continue to provide the arbitrary and discretionary privileges - they will continue to eat fishes that are given; but will not be able to stand on their own; while the rest of the other communities will strive ahead to meet the global challenges.
Oris,
The NEP will never make the Malays first class; it will make a few Malays ultra rich, but never first class. Azman Mokhtar and Khazanah is never 1st class - they are Jaguh Kampung; Tajuddin Ramli falls; Halim Saad falls; Proton falls; MAS falls; Telekom, TNB and all others within the Khazanah group are mediocre; the only exceptions are Syed Mokhtar and Petronas, and in some way, Naza. Syed Mokhtar is a capable businessman. Petronas is god-given; Naza success is APs. Maybe, I should include Sime Darby as a successful outfit. In general, the percentage is small; the price paid to built them is in hundreds of billions.
The purpose of implementing a quota system is critical. Is the purpose to help protect a group until it is able to fend for itself competitively? Or it it used to provide a "wheelchair" for the group?
The politicians would love the "wheelchair" concept, as it makes the group depend on the politicians almost exclusively. By perpetually fighting for such "quotas", the politicians get elcted on their rhetorics and are given a passport to do whatever they want, not necessarily in the interest of the country. Well, not in the interest of the group receiving the quotas, for sure. In the long run, all economies will be opened up and barriers will come tumbling down and the group sheltered by the quotas will have the most to lose. They will be totally unprepared for the eventuality.
And the rest of us will suffer as well. Because we belong to the same country.
However, this issue of quotas and "special position" is seldom viewed objectively. Any discussion is almost certain to be disrupted by some threats not to question the "special position" and emotion takes over.
Until such time the rakyat are ready for an open discussion and are prepared to accept reality, the whole country is on a wheelchair.
Maverick
I agree with what you said pon NEP. It had wasted billions of monies to turn Monkeys to Hippopotamus.
Suggest we bring back Master Mao Tze Tung from the dead to lead Malaysia at PutraJaya Palace.
What do you think? I am OK!
what is QUATO?
Is it something similar like, a certain parking spaces are only for handicapped person?
Is it something like there can be only maximum of three handicapped person that can on board a plane?
Or something like we need to build a special toilet for the handicapped?
Or there should be Special school for handicapped person?
I dont understand what is quota?
It seems either the British hate Malay so much, they happily put in 153 clause, since Malay politician at those time, "just ask for it" for the self implode in future.
After 50 years, the picture are clear. The Malay culture are collapsing. Literature world are more interested on the Bahasa Indonesia writing, but NOT Malay. Even local Malay writer find bigger market in Indonesia than Malaysia.
South Korea start picking up the cultural innovation 10 years ago. Today, Korea TV series earn them billions of forex. Malaysia start NEP for 50 years, and what we get are rubbish tv series.
Yahya Y,
I tend to share your discourse. However, it is a necessity to maintain the quota system until such time when the majority of the Malays are enabled and have the capabilities to meet the challenges of the economic world of commerce.
Oris,
Your suggestion is invalid and void.
Edi,
If you don't understand, then read the Article 153 a few more times.
Moo_t,
I don't think the British hate Malays at all. The British accepted the facts of the circumstances and also agree that some form of affirmative rules must be put in place to grant the Malays some privileges in the areas of trading permits, trainings and scholarships.
The other aspects of Indonesia and Korea is largely a sense of awareness by their govt.
I left the country more than 20 years ago because I was offered an opportunity to study engineering by our neighbour who had more foresight and tap into the availability of skilled manpower which our government did not want. I am sad to say it is very unlikely I will return to Malaysia to live in future looking at the deterioration the country has gone to since I left. Is there hope ? Maybe. But it would take a very enlightened Malay to bring it about because no non-Malay will be able to do it.
Do non-Malays object to NEP ? Initially yes, but looking at it logically, many do not object provided it was put to good use and benefit the people it was supposed to help. What has 22 years of MM's rule done to alleviate the poverty level of the Malays ? In USA, 1% of the richest own 90 % of the wealth of the country. I would dare say the same about the Malays. Perhaps maybe even less than 1%.
It is a very serious problem for the Malays and if the rot is not stopped, Malaysia will go the way of a third world country. Zimbabwe comes to mind.
Lost Malaysian
Lost Malaysian,
I am glad to learn of your experiences.
However, this subject is so complex and dictated by those in power to bear the objectives as they had sought. We will leave the results of their acts and rhetorics to themselves for their own good or towards their own downfall.
In fact, quota are nothing but called "instant noodle solution". You cannot eat instant noodle for your life or you will die of malnutritions.
Indeed, Malaysia are suppose to expand the arena, enable more software and hardware. For example, 49 millions population Korea has 40+ universities. Most are authentic local university than "twinning universities" in Malaysia.
Post Korean War, South Korea are stripped poor. In fact, Malaysia are actually ahead of many regional country at those day.
As RPK has brought out, Malaysia are actually rich enough to establish enough universities for all races. But alas, Malaysia are taking the other way. Despite the population growth, the average number of universities remain status quo.
So instead of open the arena that require proper management, better people, Malaysia politics choose quota system to handicapped the other.
Many people still puzzling why Malaysia, once upon a time a bright star in economy, sports, cultures, literacy,etc, crawl behind all "once upon a time" poor country.
Like communism, corruption of NEP will not emerge ASAP. But it won't take long for human nature to take the corrupted path.
Unfortunately, the innocent bystanders will also be swept by the tide through not fault of theirs. The most able will be the first to leave. Followed by the skilled ones. The 'brain power' of the nation will be depleted. It is those that cannot leave who will suffer, while those who call the shots continue to plunder the country.
Lost Malaysian
Moo_t,
The quota rule was established at a time when the nation is to be born and there's much concerned about the backwardness of a certain community in terms of educational costs and opportunities, trainings and tradings. It was an issue then and it was addressed under Article 153.
The situations of universities and the insufficiency to cater towards the needs of the population at large was entirely due to shortsightedness of the system administrators who rather spent money to go to ISS and built twin-towers and other nonsensical architectures instead of pumping in monies to education.
Currently we have more universities but the problem is we lack competent and qualified administrators and that is why many graduates are unemployable.
ah! I understand Article 153 now after i read it 3times...
Those who need special assitants are like Zoo animals. They need to be feed in order to survive, if you put them in the wild. THey will die.
But what happen one day if Zoo ran out of food?
Edi,
Lu betul betul jahat lah!
That's not a good analogy; the ideological theme is right but don't lah use zoo; show respect lah; use fishing - give a fish and you will eat a day; teach them to fish and they eat for life.
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