My email to Bar Council of Malaysia
Refer to the link;
And
I've written to AG Chamber of Malaysia pertaining to the ambiguity of Malaysia Federal Constitution in defining the race ‘Malay’. So far there is no reply from the chamber and no any legal practitioner is clearing the muddy water that is plaguing the nation for more than half a century.
Firstly, it is the ambiguity of defining Malay under Article 160, whereby ‘Malay’ is defined as a race who habitually speak Malay language, practice Malay custom and profess in the religion of Islam. Literally, it is a race defined based on social construct rather than phenotype. This allow person of non-Malay ethnic decent to be converted into Malay, as long as fulfil the criteria stated in Article 160. Then there is Article 161, which added as a result of Cobbold Commission Report. Under Article 161 (7), ethnic group ‘Malay’ is included as one of Sarawak indigenous that mean to share the same privileges as the Malay defined under Article 153, along with other indigenous group from Sarawak and Sabah.
Therefore, the immediate question of which whether the ‘Malay’ listed in Article 161 (7) and Sarawak Ordinance is the same as the Malay under Article 160? Because the ‘Malay’ under Article 161(7) is defined by phenotype and regulated at the discretion of Sarawak state government.
Should a Malay from East Malaysia had not meet the criteria spelled out in Article 160, such as; left Islam, do not speak Malay language or adopted Arabian culture, still eligible to enjoy the special privileges under Article 161(7)?
There is no clear boundary define the indigenous group for the state of Sabah, as what intended in the Cobbold Commission is not reflected in the Constitution, which contradict to the very basis of North Borneo (Sabah) to join Malaya to form the Federation of Malaysia. The ramification of such ambiguity is lethal to the economy and sovereignty of the state, as evidence by displacement of local population and influx of Muslim Indonesian from 5.5% in 1960 to 21.3% in 1990. There severely putting the social fabric and economy mobility of the local in jeopardy. I’m not sure whether the incident is political motivated or simply laxity in enforcement but granted citizenship amounting to millions is indiscriminately is certainly an act of diluting the country sovereignty.
If Article 161 is added to the Constitution only as a result of Cobbold Commission to tally the special privileges enjoyed by the Malay in Malaya (West Malaysia) as one of the agreement forming the Federation, then shall Article 153 to be construe as special privileges exclusive for the Malay? If so, the Affirmative Policy, namely the NEP (New Economy Policy) and the thereafter evolutions (e.g. New Development Policy and New Economy Model) created after the May13 event is literally coincide with Islam’s Quran Chapter 9 verse 29; Fight those who do not believe in Allah or in the Last Day and who do not consider unlawful what Allah and His Messenger have made unlawful and who do not adopt the religion of truth from those who were given the Scripture - [fight] until they give the jizyah willingly while they are humbled.
If truly so, how secular Malaysia as a country is? What is the basis of ostracize non-Muslim and deprive the right for equal access to job opportunity, business opportunity, education opportunity and economy deprivation, given the facts that all Malaysian speak Malay and sharing the same custom only criteria that prevent us from becoming the same race, Malay, is profess in Islam.
How could a country based on something so fluid, religion, as a criteria to define a race and use race as basis to disproportionately distribute national wealth? Isn’t is outright racist, a living ‘grand apartheid’ in modern era.
If the purpose of the special privileges to reduce the poverty gap between race then why isn’t indigenous in East Malaysia don’t see the result? And wouldn’t helping the poor regardless of race is a better option? The racist policy obviously draw racial harmony further apart.
I do not see the logic of how a Chinese or Indian would be happy knowing part of his hard earn money is use to pay for his Malay neighbour’s house 6% discount. Developer as profit-driven business (no charity) would certainly factored in the bumiputera discount into the non-Malay and probably even the expected loss from the compulsory 10% bumi-lot reserve. The absurdity continue to all segment of life from vernacular education to higher education, business license to public project and business loan, investment scheme to public sector job recruitment. As you may know, non-Malay also human being with emotion thus retaliation of some sort is inevitable. e.g. preference of private sector recruitment and business partnering. None of which make any sense to make racial harmony, don’t even think of dissolve the discontent between races.
What window-dressing by the politician, such as; racial harmony advertisement, awareness program and even created a ministry, only for their own political mileage without any positive effects in reality. May I stress out that we are living in real life. Malay are not born retarded or handicap. Malay have the equal potential and capability as any ethnic and there is no need to drag the whole country backward just to pleased certain group. The politician need vote but I belief Malaysia is not that weak to play race politics to win. Consensus must be made across all political party and alliances to stop playing race politics for the sake of the country and people, for real. Otherwise, judicial shall kick in to play its role, like how India decriminalize carnal sex (sodomy law), after all, Malaysia is suppose to follow the Westminster’s separation of power system.
May I request Bar Council, and those legal practitioners who have conscience, to reinstate the sanity of the country.
Regards,
Tay Kian Guan
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