Showing posts with label 1 Malaysia. Show all posts
Showing posts with label 1 Malaysia. Show all posts

Wednesday, March 07, 2012

Malaysia after regime change - With or Without Barisan Nasional: Regime Change and Identity Politics in Post Authoritarian Malaysia

Why are you interested in Malaysia? If asked such a question, the majority of foreign observers, scholars and students of Malaysian politics would most likely mention ethnicity, religion (Islam) or what is broadly categorised as “identity politics.” Even if identity is not their primary interest, not one of them is likely to deny that collective identities are a crucial aspect of contemporary Malaysian politics dominated by the multi-ethnic ruling coalition, National Front (Barisan Nasional, BN).

What will Malaysian politics look like if BN ever lost power? Would identity, either ethnic or religious, recede from politics if the opposition, People’s Alliance (Pakatan Rakyat, PR), came to power? Or would it fuel politicisation of identity even further to threaten otherwise relatively oppressive but peaceful inter-communal relations?

Possible answers to these questions in part depend on the type of regime that the opposition coalition—comprised of the People’s Justice Party (PKR), Democratic Action Party (DAP), and the Islamic Party of Malaysia (PAS)—wishes to establish. The opposition pact was first and foremost formed and sustained to challenge and bring down the authoritarian rule of BN where the Malay-Muslim based United Malays National Organisation (UMNO) is dominant. The establishment of some form of democratic rule is their next goal. Indeed, their platform, “Ubah Sekarang, Selamatkan Malaysia! (Change Now, Save Malaysia!)”, published in the run-up to the 2008 elections emphasizes the following initiatives: expansion of democratic rights and institutions such as independent judiciary; creation of a just and fair society that provides all people with equal opportunities regardless of ethnicity, religion and culture; elimination of corruption and other unfair and discriminatory practices that hinder equal and fair distribution of public resources; growth with equity; and elimination of undemocratic apparatuses and practices, most notably the Internal Security Act (ISA). The absence of aforementioned initiatives under the current regime provided a common ground for opposition parties to come and fight together, leading to their impressive electoral ascendancy in 2008. The question remains however: Is the PR platform sufficient to convince their multi-ethnic constituencies to oust BN from power to build a new democratic Malaysia?

Complication about Malaysia’s regime change and democratic transition is derived from the very nature of the current regime. It is not only authoritarian in a conventional sense of the term, but also highly ethnocentric and illiberal, thereby denying equal rights and freedom to minority citizens based on their ethnic/religious identities. Under this regime, the majority Malay (and therefore Muslim) population have gained an unparalleled amount of power, wealth, status and opportunities as their birth rights since independence. UMNO and its major coalition partners in BN, the Malaysian Chinese Association (MCA) and the Malaysian Indian Congress (MIC), were formed and allowed to survive primarily to represent and protect political and material interests of Chinese and Indian minority communities. In the post-NEP period, the regime has become even more protective of the communal interests of the Muslim-Malays while gaining authoritarian characters.

Under this ethnocentric pro-Malay regime, state institutions and a bureaucratic infrastructure were constructed in a manner to buttress supremacy of the state, UMNO and the Muslim-Malay community, while undermining civil society, civil rights and the well being of minority communities. Furthermore, the same regime has granted an unprecedented amount of power, resources and authority to the Islamic state bureaucracies in order to cater to the religious interests and spiritual well being of a growingly pious Muslim-Malay community. The results of such maneuvering are now obvious in a wide range of policy areas including law, education, welfare and economy. Consequently, post-NEP generations of minority populations feel increasingly alienated and discriminated against despite the fact that some communal grievances were mitigated by the inclusive multi-ethnic national vision and continuous growth under Mahathir (together with currently opposition leader, Anwar Ibrahim) till the multiple crises following 1998.

Against this backdrop, it is of little surprise that the Hindu-Indian community has formed a powerful opposition against the regime. In 2007, the opposition was organised to form an ethno-nationalistic movement, Hindraf (Hindu Rights Action Force), to express the socio-economic grievances and political demands of the community. The state’s violent suppression of a street protest organised by the movement further deteriorated the already uneasy relations between the BN regime and minority communities, arousing anti-regime sentiments even further with particular damage done in urban areas.

Opposition parties, while certainly sharing such unusually strong anti-regime sentiments emanating from civil society, were not able to translate these divisive ethnocentric sentiments and demands directly into political action. Instead, they have chosen to stay mute on fundamental issues that they do not wish to discuss or negotiate, that is, issues related to communal identities and religion. Moreover, they strategically framed their anti-regime cause in universal democratic terms so as to forge a critical coalition with civil society forces across communal boundaries. They did so precisely because they need one another to maintain a multi-ethnic coalition front in order to beat BN. They and electorates are aware that the opposition parties and their interests, just like their opponents in the ruling coalition, are defined and restrained by competing identities: PKR is Malay-Muslim dominant and led by the most charismatic and powerful Malaysian Muslim leader to date, Anwar Ibrahim; DAP is non-Muslim based and dominated by ethnic Chinese; and PAS is a puritanical Islamist party. These constituencies have made significant efforts to compromise on issues regarding their core identities and interests in order to achieve their political goals and survival. Such compromise was handsomely rewarded with a significant 2008 increase in votes for the PR.

The tragedy of Malaysian authoritarianism is that authoritarian rule has grown stronger alongside the growing dominance of UMNO in BN and the Malaysian polity as well as its avidly pro-Malay and pro-Islam characters throughout 1980s and 1990s. The highly politicised identities—and state, political, economic and socio-cultural institutions created to serve the identity-based interests over several decades—will not easily go away even if regime change rids Malaysia of authoritarian rule and the BN falls from power. Popular interests and demands will continue to be defined and organised through collective identities based on ethnicity, religion, culture, or some combination of these characteristics.

This situation will lead to another tragedy: a tragedy of Malaysian democracy and regime change. As a result of the institutionalisation of politicised identities, demands for democracy, freedom and equal rights for all Malaysians are readily interpreted in zero-sum terms to connote a reduction of the special rights and privileges preserved for the Malay-Muslim majority. Regardless of whoever takes over the BN, the new regime will have to negotiate and balance contending communal demands and interests.

The key question here is whether Malaysians, especially the Malay-Muslim community, are ready to accept a new set of deals, terms and conditions set by the new democratic regime along the line suggested by PR. All possible signs thus far seem to suggest that they are not. According to public surveys conducted by the Merdeka Center between 2008 and 2010, a large majority of Malays, especially those in the lower income categories, strongly favour the reservation of special rights and privileges. They are also extremely anxious about policies and concessions that appear favourable to non-Malay communities. It is important to remember that Malay votes for UMNO/BN were constant between 2004 and 2008 and many still think that UMNO supremacy is necessary to protect their special rights.
More alarmingly, such anxiety among a community perceived to be under threat or siege at a time when the regime is undergoing unpredictable transition is a ready recipe for communal tension and potential violence. Indeed, it was when the BN adopted policies and allocated resources in ways seen disproportionately favorable to the non-Malay communities, especially Chinese, that ultra-nationalistic Malay movements such as Perkasa gained popular approval and appeal. Some UMNO elites were willing to allow these movements to exploit racist rhetoric and symbols in an effort to provoke anti-minority sentiment and violence.

Regime transition means that UMNO will be in the opposition. It is not unlikely that UMNO elites will use such racist rhetoric and movements more freely and aggressively to regain power they have lost, deteriorating already uneasy ethnic relations even further. We are also unsure if PAS will remain moderate once it gains power in order to have access to the conservative religious bureaucracies and patronage that have expanded dramatically under UMNO. According to Ashutosh Varshney, a renowned scholar of ethnic violence, ethnic peace is more likely when rivaling communities have developed associational interactions and ties—and social capital—across ethnic boundaries so as to withstand attempts to instigate racial hatred or antagonism. If this proposition and legacies of institutionalized political identities mentioned above offer some guide to predict Malaysia’s democratic future, we are left uncertain whether the much-waited transition to democracy will in fact bring a peaceful and happy future for all Malaysians as many had wished.






Kikue Hamayotsu is Assistant Professor at the Department of Political Science, Northern Illinois University, DeKalb, IL, USA. Her research focuses on comparative politics, identity politics, religion and politics and regime transition and quality of democracy in the Muslim world with special reference to Indonesia and Malaysia. Her current interest include: religious parties and electoral politics, religious intolerance and violence, and finding a way to move Australia closer to North America.

Saturday, February 18, 2012

Bankrupt in no time: Desperate BN set to raise borrowing limit again?

Bankrupt in no time: Desperate BN set to raise borrowing limit again?The Barisan Nasional has modified the Statutory Borrowing Ceiling at its whims and fancies over the past decade rendering meaningless the legal debt ceiling for Federal Government.

The Loan (Local) Act 1959 and Government Funding Act 1983 puts in place a 55% federal government debt limit relative to Malaysia’s Gross Domestic Product (GDP) as determined by the Ministry of Finance (MoF). Based on the Government’s Economic Report 2011/2, our federal government debt will hit RM455.7 billion as at the end of 2011 which works out to 53.8% of our GDP, or a whisker away from the statutory borrowing ceiling.

However, what is worrying is the fact that the “statutory borrowing ceiling” has actually been raised multiple times by the Barisan Nasional (BN) Government over the past decade to “legalise” the federal government debt level which has been increasing at a much faster pace than our GDP.

The 55% statutory borrowing ceiling only came into effect in July 2009 by order of current Second Finance Minister Dato’ Seri Ahmad Husni Hanadzlah. Prior to the revised limit, the limit was set at 45% in June 2008, barely 13 months before by the then Second Finance Minister Tan Sri Nor Md Yakcop.

It was 5 years before that when the limit was raised to 40% in April 2003 by the then Second Finance Minister Dato’ Sri Jamaluddin Jarjis.

15% of GDP jump in just 6 years
Hence our statutory borrowing ceiling has been raised by 15% of our GDP in just 6 years. The question is if the ceiling is repeatedly raised with such nonchalance, why did the Government bother setting a limit at all? Given that our debt level is expected to increase beyond 55% over the next 2 years, are we expecting the Federal Government to once again raise the ceiling in Parliament to circumvent the breach?

In fact, we are extremely concerned that the Federal Government, which is mindful of their debt level relative to the GDP, is using all sorts of creative measures to by-pass the limit set by law.

It should be noted that the MoF will be raising approximately RM20 billion to fund the first phase of the Klang Valley MRT mega-project this year. However, based on the fact that the MRT was never debated in the 2012 Budget tabled in Parliament for approval last year, it is clear that the funding will be raised by a wholly-owned “special purpose vehicle” (SPV) known as Dana Infra, and guaranteed by the Government.

This way, the BN Federal Government kills two birds with one stone. Firstly, the debt raised will not be part of the Federal Government debt (because Dana Infra is “not” Federal Government) and hence will not be perceived to jeopardise our credit standings. This is despite the fact that all parties are expecting MRT to be a financially loss-making project and that the Federal Government will have to fund Dana Infra’s debt repayments at some point in the future.

Secondly, by placing the debt and expenditure of the MRT project in a SPV, such expenditure then escapes the purview of direct parliamentary oversight because it is never debated in Parliament as an official Budget item. As mentioned earlier, there is not a single line item in the 2012 Budget approved at the last parliamentary sitting for the purposes of constructing an MRT despite the fact that this will be Malaysia’s largest ever infrastructure project by far.

Creatiive manipulation will bankrupt Malaysia
Such creative manipulation of our federal government debt and expenditure is not limited to just the MRT project but many other multi-billion ringgit projects such as the construction of 74 police headquarters with government-guaranteed RM10 billion debt by MoF-owned Pembinaan BLT Sdn Bhd, or the proposed RM20 billion sukuk plan by Pengurusan Aset Air Bhd (PAAB) to restructure the country’s water assets.

Governments all over the world, especially in developed countries like the United Kingdom and Germany, are now changing their laws to require such debts and contingent liabilities to be incorporated into the Government’s financial statement to ensure greater transparency and financial accountability. This is to avert a financial crisis which has already enveloped the Euro-zone over the past 2 years.

However, it appears that the Malaysian government is still sitting back and resting easy, while making full use of the “loop-hole” in our government financial reporting standards to continue to recklessly in-debt future Malaysians with none of the checks put in place.









Tony Pua is the DAP MP for PJ Utara

Najib's pot of gold at the end of the GE-13 rainbow

Najib's pot of gold at the end of the GE-13 rainbowPrime Minister Najib Razak has delayed making firm decisions on almost every issue. Whether or not the delay is intentional, as he has been accused of being manipulative, he has chosen to let the RM250 mil NFC financial debacle involving minister Shahrizat Jalil simmer even though it could trigger a backlash in public sentiment for his Umno party.



He has also cut adrift the MCA, Gerakan and MIC, causing these parties to further weaken in the eyes of their communities. Even former premier Mahathir Mohamad tried harder, sending his deputy Ghafar Baba to troubleshoot at the components and help repair their common Barisan Nasional boat. But perhaps, the BN can no longer be saved anymore.
Only once since inheriting the premiership from Abdullah Badawi in April 2009 has Najib tried to steer a direction for the BN. It was during the Sarawak state elections in April 2011, and Najib failed - miserably. He had set out to 'tame' Sarawak Chief Minister Taib Mahmud but ended being embarrassed by the wily older man.

Taib managed to make Najib look foolish without even raising his voice. All he had to do was to ignore Najib's desperate and rather rude call for him to step down. It was after the Sarawak election was over that Malaysians, especially from the peninsula, realized that Najib is not omnipotent as his Umno party likes to make him out to be.

So 'soft' was Najib that he could not even control his wife Rosmah Mansor or stop her from grabbing the First Lady of Malaysia title, which is actually meant for the Queen. Needless to say, he also had zero luck in getting her to stop her shockingly expensive shopping sprees.

Suddenly on the offensive
Suddenly, beginning 15th February, Najib started to move with more visible energy. He started to hurl verbal missiles at arch rival Anwar Ibrahim, calling the latter "two-faced" over an interview with the WSJ on the Israel-Palestin issue, which was also stirred up by Umno newspaper Utusan.

His Umno elder Mahathir Mohamad fired the next volley, calling Anwar a spy out to help US and Israel set up a puppet government in Malaysia to overthrow BN. This is a perennial hot topic for Umno, especially in the olden days whenever it wanted to galvanize the Muslims into a voting bloc for the BN.

Even Anwar believes GE-13 is close at hand, and has forecast a May-June 2012 balloting day. But this may be too soon. November 2012 might be the more likely, given the money-raising schemes Najib has in mind for Umno, BN and of course, himself.

Cleaning up his image and tarnishing Anwar at the same time
In one of his swifter moves, Najib has managed to convince Perak Mufti Harussani Zakaria that he and Rosmah were not bad Muslims for attending Thaipusam in Batu Caves, Selangor.

Harussani had shocked the nation when he chastised the couple for being 'un-Islamic' and attending an "idolatrous" event. Within 2 days, national TV1 showed Najib meeting with the Mufti and clarifying the Batu Caves trip.

Sure enough, Harussani admitted his mistake and declared a clean bill of Islamic health for both PM and wife.

UMNO attacks PR and prepares to win Selangor
On the same night, TV3 held a talk show with Umno's Satim Diman, the Selangor Opposition Leader and Sohaimi Shahadan, the Umno Youth Exco member. Both men rushed to highlight all the things that Pakatan failed to deliver in its election manifesto.

The week before, Najib confirmed the appointment of Ong Tee Keat as the Selangor BN Chief. Last night amid criticism that his grand plans for recapturing Selangor was floundering as he could not even name a Mentri Besar of chief minister-designate, he appointed Mohd Zin, the Sepang Umno Member of Parliament to be the BN election campaign coordinator for Selangor.

Speculation has swirled that Tee Keat may even be made the Selangor Menteri Besar if he gives up his Pandan parliamentary seat for a state assembly one. If true, this would indeed be a controversial move as it would be the first time Selangor had a non-Malay MB. However, all this would depend on the grace of the Sultan.

Umno has also begun efforts to win back Kedah
Umno's hand was sighted stirring unrest in the Pakatan Rakyat-led Kedah state government, with MCA-linked association heads lodging complaints that assistants to the Pakatan state assemblymen had demanded 'rebate' of between 25 to 30% of the funds due to them.

This was followed by BN declaring Kedah a 'winnable' state.

Indelible ink
The Election Commission has just announced that indelible ink will be used in the GE-13, and that stock ordered must be used within three months of its shelf-life. So, the moment Customs announces the arrival of the first batch of ink, Malaysians will know GE-13 will be within three months from then!

Strengthening BN
Najib has also announced three new affiliate members to BN, namely Gabungan Wawasan Generasi Felda, Persatuan Bekas Anggota Kemas Malaysia and Persatuan Kontraktor Melayu Malaysia. The three bodies have members all over Peninsular Malaysia, who will be mobilized to help BN win GE-13, focusing on the rural areas and servicing the constituents there.

Mahathir supporting the BN campaign
Mahathir has upped the ante, and is trying to frighten the Malays in particular, by accusing Opposition Leader Anwar Ibrahim of collaborating with the US and Israel to topple BN and set up a puppet government here.

The underlying message of course is that the fate of the Malays will be very uncertain under Pakatan Rakyat. At the same time Mahathir is trying to instil fear in the minds of the non-Malays that such a regime change will be resisted by the Malays. Violence could even break out, sending Malaysia to the dogs.

Najib not taking any action against Taib
After his April 16, 2011 lesson, Najib has given up on trying to push Taib out.

The PM is going to continue closing an eye to Taib plundering the wealth of the Sarawak people, so long as the CM delivers the parliamentary seats to BN in GE-13.

Effects of Budget handouts and economic growth
Najib is also confident that the feel-good factor from the various Budget 2012 cash handouts to students and lower-income families will work in BN's favor.

He is hoping the announcement by Bank Negara that Malaysia’s economic growth was 5.2 per cent, exceeding the previous 4.2 per cent forecast, will bolster confidence in his management of the economy.

But already, analysts complain the result was 'hiked up' and does not reflect a healthy trend at all  as it relied on consumer spending - at both government and private  level - to push up headline growth. Very glaring was the absence of growth in public and private investments.

But are UMNO and Najib really ready?
The answer is NO. Najib is still not happy with the present situation even though Rosmah has been conferred an honorary doctorate by Curtin University to help her redeem some credibility.

There is also talk that Najib has in the works a popularity survey that will show him far ahead of Anwar in the people's esteem. This 'survey' is being held back until he is confident enough to dissolve Parliament.

Najib not only wants to create a feel-good factor. He wants the people to regain confidence in the BN and help him achieve a two-thirds margin in Parliament. But even Rosmah would be able to tell him that might well be fat hopes!

Najib needs more time and money
Then, Najib also needs more money. It is significant that the Felda Global Ventures listing will hit the market in May-June. The IPO can be expected to jump on listing day and deliriously-happy Felda settlers can be expected to vote good-old Umno once again when called to the ballot box shortly thereafter.

The grapevine in the Ministry of Finance is buzzing with talk that Umno will siphon out every single sen of spare funding from all the other government bodies on the pretext of implementing projects across the nation. Actually, the money will be used in a gigantic vote-buying spree, much like Rosmah's jaw-dropping shopping trips.

The controversial 1Care will be bulldozed through, raising about RM11 billion for Umno-BN to siphon out once it is launched, perhaps by January next year. Umno will of course continue to milk the Employees Provident Fund.

The Felda listing, expected to hit RM21bil upon debut, will be controlled by Koperasi Permodalan Felda (KPF), which will become the single largest shareholder of the listed Felda Global Ventures entity with a 37 per cent stake. No wonder, Najib was insistent on making Isa Samad the KPF chairman. This will allow Umno and its proxies in Felda to cash out and cart away huge sums raised from the share sale.

PERKESO or Socso will also have its funds be diverted as well as Tabung Haji, the Umno-supported cooperatives, other statutory bodies and all the Government-Linked-Companies. Needless to say, these will all be called on to contribute huge portions of their resources to help Umno stay in power.

Pot of gold at the end of the rainbow
A question worth asking is, does Umno-BN really need so much money to hold GE-13? Obviously, the answer is NO. Najib and his cronies are also jumping on the bandwagon for their LAST GRAB, and Malaysians can be sure that the amounts they rake in will be many folds that actually spent on financing GE-13, including the 'allocations' set aside for vote-buying.

Call it institutionalized cheating or corruption, but it won't stop Najib. For his plan to be successful, Najib will need time and he is willing to wait even until nearing the end of his term in 2013. The proverbial pot of gold at the end of the rainbow is just too much to ignore. Not even Mahathir can frighten him into holding GE-13 earlier.

So given the current status of 1Care and the Felda listing, which are both still facing public resistance, GE-13 looks more likely to be held in November 2012 rather than in May-June. It could even be in 2013.







Malaysia Chronicle

Saturday, February 11, 2012

MIC’s subservient and self centered support for UMNO has eroded the basic human rights of Malaysian Indians

Deputy Minister in the Prime Minister’s Department Datuk S.K. Devamany supported the proposed race Relations act by referring to incidences such as the Kampung Jawa temple demolition and the Interlok novel controversies which have been could have been avoided. He further added we must understand that Malaysia is a multiracial country and we want to preserve unity in main stream newspapers. The examples Devamany gave seem to be puzzling. Is the Race Relations act just to avoid minorities and victims from voicing their grievances?

Race Relation Act is needed to eliminate racial discrimination in public and private sector employment, entrance to university and matriculation levels, open tender in government procurements and providing equal opportunities in employment.  At the same time, the government needs to set up a Race Relation Commission which is made up of all races in Malaysia.  This act will also outline the mechanics and methodology in implementing the Race Relation Act.

Instead of giving the above mentioned reasons for supporting Race Relations Act, Devemany is giving the examples of Kampong Jawa temple breaking and interlok novel as reasons why Malaysia needs a race relations act. The Sri Maha Mariamman Temple, along with the squatter settlement of Rimba Jaya, was demolished in 2007 by the then BN-led state government as part of its Zero Squatter programme. The kampong Jawa temple breaking in November 2007, infuriated the Indian community to revolt against the BN government which lead to the loss of 5 states to PR and the denial of 2/3 majority in parliament. The introduction of interlok novel upsets and irked Malaysian Indian parents who persistently campaigned against the novel till the government withdrew as school text book.

Before introduction Race Relations act the government must remove all discriminative policies and practices. All race based political parties must be disbanded. All higher education institutions for exclusively one race must be converted into multi racial institutions where students of different backgrounds meet and mingle with each other. Without preparing the ground for such open and inclusive interactions amongst all Malaysians, race relation act will be another peaceful assembly act.

From the incidences referred by Datuk Devemany, as reasons for introducing race relations act, the intent and purpose of Malaysian race relations act looks sinister and restrict Malaysian human rights and not to provide equal rights. With MIC henchmen like devemany around UMNO will wipe out what ever little space the minorities have.  Malaysian Indians must resolve to wipe out MIC from the political scene once and for all to redeem their dignity and pride as citizens of this country.





Senator S. Ramakrishnan

Racial eyesores on the Malaysian landscape

The recent outbreak of violence with racial overtones at Petaling Jaya Selatan squatter settlement requires Malaysians to face up quickly to this most critical yet unresolved problem of racism and racial discrimination in Malaysian society. 
 
This agenda is highly appropriate and timely because this year happens to be the year the United Nations will hold its conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR) in Durban, South Africa in August.

Racism and racial discrimination have been part of Malaysian political, economic, social and cultural realities ever since colonial times. Today, race has been so deeply institutionalised that it is a key factor determining benefits from government development policies, bids for business contracts, education policy, social policy, cultural policy, entry into educational institutions, discounts for purchasing houses and other official policies.

Practically every aspect of Malaysian life is permeated by the so-called 'bumiputra policy' based on Malay-centrism. This is unabashedly spelled out by political leaders in the daily mass media in Malaysia.

It is an established fact that racial polarisation is prevalent in various Malaysian institutions. A new survey by Universiti Malaya shows that 98 per cent of Malay students do not mix with non-Malays while 99 per cent of Chinese students and 97 per cent of Indian students do not mingle with the other races.

While the government tries to account for this problem by blaming other extraneous factors such as the existence of vernacular
schools, it is clear that the roots of polarisation lie in this institutionalisation of racism and racial discrimination.

Integral part
Racism is an integral part of the Malaysian socio-political system. The ruling coalition is still dominated by racially-defined component parties, the United Malays National Organisation (Umno), the Malaysian Chinese Association (MCA) and the Malaysian Indian Congress (MIC). These parties compete for electoral support from their respective constituencies by pandering to 'racial' interests. Invariably, their racist inclinations are exposed at their respective party congresses.

Some opportunistic opposition parties likewise pander to their constituencies using racist propaganda to win electoral support and they have also contributed to the vicious circle of racial politics which has characterised Malaysia all these years.

Umno, the ruling party, continues to insist that 'Malay unity' and even 'Malay dominance' is essential for national unity. 'Malay dominance' is invariably used interchangeably with 'Malay privileges', which the ruling Malay elite justifies through the Federal Constitution.

Consequently, we have witnessed the periodic controversies over the alleged challenges to Malay special privileges every time sections of Malaysian society call for non-racist solutions to Malaysian problems. The recent fracas over the appeals by the Chinese Associations of Malaysia (Suqiu) is a case in point. There have been other cases in recent Malaysian history in which the ruling party has allowed racist reactions to be used against the non-Malay communities.

White Paper
The official White Paper on the mass ISA detentions of 1987 documents the Umno Youth rally at the Jalan Raja Muda Stadium on Oct 17, 1987, at which racist and seditious sentiments were flagrantly displayed, e.g.: "May 13 Has Begun; Soak it (the kris) with Chinese Blood…" Umno leaders, including those who are ministers today, were among the rabble rousers on the podium. 

The ruling party condoned such racism on the grounds that theirs was a reaction to the protests by the Chinese organisations over the posting of unqualified officers to the Chinese schools in 1987. In the same way, Umno Youth tried to justify their recent boorish protest over Suqiu at the Selangor Chinese Assembly Hall by the fact that they were 'provoked' by Suqiu. These realities are principally because they were trying to externalise the internal problems within the ruling party, Umno itself.

Even more recently on Feb 4, 2001, a Malay Action Front rally was organised by former and current Umno leaders using the emblem of an unsheathed kris (Malay dagger) against a blood-red backdrop and calling for the further extension of Malay rights and privileges. Racism and racial discrimination are also manifested in the way indigenous peoples are uprooted from their traditional homelands and displaced to ill-planned resettlement schemes to make way for dams, plantations and other industrial projects. Many development agencies do not respect their native customary land rights. The underlying assumption in official circles is that their cultures and way of life are backward and they need to be 'modernised'. They are rarely properly consulted over these projects and their fate is tantamount to 'ethnocide'.

Migrant workers, including foreign domestic workers, are another group of people who face racism and racial discrimination in Malaysia. There are over two million foreign workers in the country, out of which there are over 10,000 hired as domestic help. The negative and derogatory perception of foreign workers held by many Malaysians condone the abuse of these workers. As women, foreign domestic workers are often subject to verbal, physical and even sexual abuse. The are discriminated against because of their gender, race as well as class.

Affirmative action
The ruling party Umno prides itself on the supposedly 'successful' affirmative action in favour of bumiputra. Bumiputra literally means 'princes of the soil', the official epithet for Malays and other indigenous peoples but which excludes the original peoples, i.e. the Orang Asli of Peninsula Malaysia. This has been the cornerstone of development plans since the New Economic Policy was started in 1971.

Consequently, while this populist bumiputra policy has been applied to the benefit of bumiputra as a whole, the new Malay ruling elite is strategically placed to reap the full benefits of this racially-based policy. Totally committed to capitalism and to privatisation, this policy has ensured that the non-Malay local and foreign elite have also gained from the New Economic Policy since 1971. This class cohesion among the Malaysian ruling elite underpins the racialist politics which has characterised Malaysian society since Independence.

It is time for Malaysians to reaffirm the non-discriminatory basis of the Federal Constitution and to uphold human rights principles which are strictly anti-racist.
Article 8 (1) of the Constitution clearly spells out the principle of equality of all Malaysians while Article 12 (1) allows no discrimination against any citizens on the grounds of religion, race, descent or place of birth.

Article 153 on the special position of Malays was inspired by the affirmative action provisions of the Indian Constitution to protect the minority under-privileged class of harijans. Ours is fundamentally different from those provisions because the ethnic group in whose favour the discrimination operates in Malaysia happens to be the one in political control, the Malays.

Malay dominance
At the time of Independence in 1957, four matters in relation to which the special position of Malays were recognised and safeguarded were: land; admission to public services; issuing of permits or licences for operation of certain businesses; scholarships, bursaries or other forms of aid for educational purposes. The Constitution certainly does not adhere to any notion of "Ketuanan Melayu" (Malay dominance), which is a totally racist concept.
When the Constitutional (Reid) Commission was considering whether such a provision should be included in the 1957 Constitution, it made the following comments:

"Our recommendations are made on the footing that the Malays should be assured that the present position will continue for a
substantial period, but that in due course the present preferences should be reduced and should ultimately cease so that there should be no discrimination between races or communities." (Report of the Federation of Malaya Constitutional Commission 1957, Govt Press, para 165, p.72)

After the Tunku was deposed in 1971, the new Malay ruling elite felt that adequate opportunities had not been made available to Malays, especially in education and that there should be a larger proportion of Malays in the various sectors. In 1971, under Emergency conditions, Article 153 was duly amended to introduce the quota system for Malays in institutions of higher learning. Clause (8A) specifically provided for the reservation of places for bumiputra in any university, college and other educational institutions.

Quota system
Nevertheless, the quota system was not intended to be the totally non-transparent and non-accountable and unfair system we know it today:

Firstly, Article (8A) makes it clear that the Yang di-Pertuan Agong can only order a reservation of a proportion of such places for the Malays. It would therefore mean that the quota system is applicable only on a faculty basis and more importantly every faculty or institution should reserve places for students of every race. No faculty or institution under this provision could cater for the Malays alone to the exclusion of the other races.

Years after the implementation of this racial quota system, there was no trace of any such order being made by the Agong nor was there evidence of any such order having been gazetted. Such a directive would thus seem to have been made by the officials of the Ministry of Education.

Thus, it is not clear whether the quota system is made applicable on an institutional basis or on the basis of the total number of places available in a particular course of study of all the universities in the country. To apply the quota system on the total number of places available in any particular university will again be a wrong interpretation of the provisions of the Constitution.

Article 153 (8A) does not authorise the administrators of any university to refuse admission to any student of a particular race. It only allows a proportion of the places to be reserved for Malay students. On such a reasoning, the constitutionality of institutions like the Asasi Sains in the University of Malaya or the science matriculation course of the Universiti Sains Malaysia which cater only for bumiputra students is doubtful.

Furthermore, the Constitution of the University of Malaya expressly prohibits discrimination on grounds of race for the admission of any student to any faculty or institution of the university. In this context too, the constitutionality of other institutions which admit students of a particular race only to the exclusion of other races is also doubtful as it violates the equality provision of Article 8.

From the above, it is clear that the question of the constitutionality of the quota system as it has been practised since 1971 especially in totally bumiputra institutions has never been tested.

Original intentions
We know what the original intentions of the 'Malay special privileges' provision in the Merdeka Constitution were, but to maintain that it is a carte blanche for all manner of racial discrimination as we have witnessed since 1971 is a violation of the spirit of the Constitution.

International law sets major limits on affirmative action measures. Notably, affirmative action policies must be carefully controlled and not be permitted to undermine the principle of non-discrimination itself nor violate human rights. Holding the equality principle uppermost, the raison d'etre and reasonableness for differential treatment must be proven.

Another important criterion to ensure successful affirmative action and synonymous with international law is that such special measures should be introduced for a limited duration as was suggested by the Reid Commission in its Report of the Federation of Malaya Constitutional Commission in 1957.

A consequence of the so-called affirmative action policies up to now is that for the poor of all ethnic communities, including the
indigenous peoples in Malaysia, these objectives of wealth redistribution for their benefit have not been met.

While it is widely recognised that racial polarisation exists in many Malaysian institutions such as schools, universities, the civil service, it must be stressed that this is not a 'natural' consequence of a plural society.

On the contrary, through the years there have been deliberate attempts by those in power to create divisions among the people.
 
There is general agreement that racial polarisation has its origins in the colonial divide-and-rule strategy. This has been well-documented in studies by W R Roff (The Origins of Malay Nationalism, 1974:24) and Hua Wu Yin, (Class and Communalism in Malaysia, Zed Press 1983)

The racialist formula was institutionalised in the Alliance at Independence and perpetuated by the Barisan Nasional to the present day. Attempts at creating racial discord among the people continue to be perpetrated in public institutions and the mass media whenever it suits the politicians.

These instances have been well-documented. (See Kua Kia Soong (edited) 'Polarisation in Malaysia: The Root Causes', K Das, Ink, KL 1987; 'Mediawatch: Use and Abuse of the Malaysian Media',Huazi Research Centre 1990 )

Of all the official policies and public institutions which practice racial discrimination, there is none more pervasive than the New Economic Policy (NEP) which was implemented as a fait accompli after the Emergency was declared in 1969.

Elite cohesion
Although its specific objectives were 'restructuring of society to correct the economic imbalance of wealth holding which led to the identification of race with economic function' and 'eradication of poverty irrespective of race', the NEP has been implemented these 30 years in a racially discriminatory way with little transparency or accountability.
Just 10 years after the NEP was implemented, the 1980 census showed that more than 80 percent of all government executive officers were Malay; Malays held 75 percent of publicly-funded tertiary education places; and 96 percent of Felda settlers were Malay.
By 1990, it was widely held by observers that the wealth restructuring policy objective was very much on target if nominee companies listed under 'other Malaysians' were analysed. It is also well-known that many of these nominee companies have been formed by the bumiputra elite.

All the same, these figures showing ownership of equity capital, however distorted, also reveal that the rich non-Malay elite have done quite well under the NEP. This perhaps accounts for the elite cohesion which has held the Barisan Nasional coalition together for so long. The evidence further shows that the NEP's 'wealth restructuring' has mainly resulted in increased wealth concentration and greater intra-ethnic inequality.

By the mid-80s, it was found that the top 40 shareholders in the country owned 63 percent of the total number of shares in public companies; the top 4.4 per cent of investors in the Amanah Saham Nasional had savings amounting to more than 70 percent of ASN's total investments.

The ASN is a prime example of a savings institution, secured by Malaysian taxpayers irrespective of race, but which blatantly discriminates against non-bumiputras. This racial discrimination extends to loans, end-financing, purchase of housing, shares
allocation, etc. 

Problem ignored
Racial discrimination in the education policy is manifested in unfair financial allocations to the different sectors and language streams and the reluctance of the government to allow development of the mother-tongue schools of the non-Malays.

Thus the number of Chinese and Tamil primary schools in the country have actually dropped from 1,342 and 888 at Independence to 1,284 and 535 today respectively, even though the population of the communities has doubled in the last 44 years. The government has continued to ignore the grave problem of the shortage of qualified teachers for these schools for years.

By 1990, the realities of the racially discriminatory quota system in education were as follows: an average of 90 percent of loans for polytechnic certificate courses, 90 percent of scholarships for Diploma of Education courses, 90 percent of scholarships and loans for degree courses taken in the country and almost all scholarships and loans for degree courses taken overseas were given to bumiputras.

Regarding the enrolment of students in residential schools throughout the 80s, 95 percent of them were bumiputra. The enrolment in Mara's Lower Science College, the Maktab Sains Mara, was almost 100 percent bumiputra throughout the 80s.

High time
Racial discrimination in the realm of culture is seen not only in the education policy but also in the discrimination against non-Malay cultures and religions in the National Cultural Policy. Non-Muslims face obstacles in their freedom to build places of worship and access to burial grounds, among other complaints.

Racism and racial discrimination have dominated Malaysian society for far too long. Now that the Malay ruling elite has clearly gained control of the Malaysian economy, it is high time for a new consensus based on non-racial factors such as class, sector and need to justify affirmative action.

It is time for all Malaysians who hunger for peace and freedom to outlaw racism and racial discrimination from Malaysian society once and for all and to build real unity based on adherence to human rights, equality and the interests of the Malaysian masses:

Non-racial solutions to Malaysian political institutions
1) Political parties formed on the basis of race to further the interests of their respective races should be outlawed as such
practices are inconsistent with international conventions against racism and racial discrimination;

2) Ratify all the international covenants and UN Conventions that have not been ratified by the Malaysian government to ensure that all legislation in the country abide by international human rights standards;

3) Enact a Race Relations Act and institute an Equal Opportunities Commission to combat racism, racialism, and racial discrimination in all Malaysian institutions;

4) Delineation of constituencies must be based on the principle of 'one person, one vote' and there should not be wide discrepancies between the number of voters in different constituencies;

5) Reintroduce elected local government so that problems of housing, schools, etc. can be solved in non-racial ways;

6) Ensure that there is no racial discrimination in the civil and armed services and that every ethnic community has equal chance of promotion;

7) Establish an Independent Broadcasting Authority which is fair to all ethnic communities in Malaysia; 

Non-racial solutions to Malaysian economic development

8) There must be full transparency and accountability to ensure that contracts and shares are not dispensed on a racial basis through nepotism, cronyism or corruption;

9) Public money must not be used to bail out failed private businesses under the guise of affirmative action;

10) Government policies should be strategically aimed at reducing income disparity between the rich and poor regardless of race, religion, gender, disability or political affiliation;

11) Small and medium industries, the backbone of national industrialisation, should be developed without racial discrimination;

12) Fair and adequate support should be provided to all sectors including pig farmers especially during times of crisis;

13) Land should be fairly distributed to farmers of all ethnic communities;

14) The racially-based quota system should be replaced with a means-tested sliding scale mechanism for deserving entrepreneurs; 

Non-racial solutions to Malaysian social development

15) Modernise the 450 or so New Villages in the country which have existed for more than 50 years, in which many of our small and medium industries are located and where basic infrastructure is inadequate;

16) Improve the living conditions (e.g. a guaranteed minimum monthly wage) and basic amenities such as housing, education and health facilities of plantation workers;

17) Ratify the International Convention on the Protection of the Rights of all Migrant Workers and members of their families;

18) Set up an Equal Opportunities Employment Commission to address all forms of discrimination in the workplace;

19) Gazette all communal lands of the Orang Asli and other indigenous peoples so that they can control their own land resources and choose their own way of life;

20) Enact laws to confirm the rights of urban settlers and obligations of developers to provide fair compensation and alternative housing to urban settlers;

21) Cater to the special needs of women, children, senior citizens and the disabled;

22) Provide more recreational facilities for the youth regardless of race to allow them to develop positive and healthy lifestyles and to encourage tolerance and awareness of cultural diversity and equality;

23) Establish a housing development authority to direct construction of low and medium-cost public housing for the needy irrespective of race;

24) Poverty eradication programmes to benefit the poor of all ethnicity must be seriously pursued;

Non-racial solutions to Malaysian education

25) Special assistance must be based on need by under-privileged sectors and classes and not on race;

26) Institute a means-tested sliding scale of education grants and loans for all who qualify to enter tertiary institutions regardless of race, religion or gender;

27) Recognition of educational certificates, diplomas or degrees should be dealt with by the National Accreditation Board on strictly academic grounds and not politicised or subject to racial discrimination;

28) Schools using the mother tongue of Malaysian minorities should be built as long as there is a demand for them in any catchment of these ethnic communities and they should not be racially discriminated against in financial allocations;

29) Establish a long-term solution to the crisis of teacher shortage in the Chinese and Tamil schools;

30) Amend the Education Act 1996 to reflect the national education policy as originally stated in the Education Ordinance 1957 ensuring the use, teaching and development of the mother tongue of all Malaysian ethnic communities;

31) Make available compulsory Pupils' Own language (POL) classes within the normal school curriculum as long as there are five pupils of any ethnic community in any school;

Non-racial solutions to Malaysian cultural policy

32) Promote knowledge, respect and sensitivity among Malaysians on Malaysian cultures, religions and ethnicity;

33) All places of prayer and worship for all ethnic communities should be gazetted in their areas of domicile free from any encumbrances and there should be no arbitrary restrictions on these places of worship;

34) National artistic and literary awards and scholarships considerations should be for all works by Malaysians regardless of the language in which they are written;

35) All ethnic Malaysian cultures should be fairly represented in official cultural bodies and the media. 







DR KUA KIA SOONG, 
former ISA detainee 
Member of Parliament
Director of Suaram.