“With the removal of this barrier, it was possible to admit approximately one million new citizens within 12 months of Merdeka and, of this number, roughly 800,000 were Chinese,” said Tun Tan Siew Sin.
NO HOLDS BARRED
Raja Petra Kamarudin
Many Malaysians comment (verbally or in Blog postings) based purely on their personal opinions but totally devoid of facts. Now, I am not saying that you are not entitled to your opinions. After all, opinions are like assholes -- everybody has one. But if you have to express an opinion just please make sure it is based on historical background. Therefore, research first before you open your gap.
Let us look at just one issue (there are of course many issues that are bones of contention to Malays as well as non-Malays alike) that has split this country into racial compartments and has been a constant stumbling block in our effort to propagate the ideals of a one race, one country. And that one needling issue is about Malay Rights and Special Privileges.
I am, according to the Federal Constitution of Malaysia, Malay. That is also what Tun Dr Mahathir Mohamad said in his Aljazeera interview recently when asked whether he considers himself Malay. But this does not mean I support any and all policies that favour Malays above others. Hell, even Islam is opposed to racial discrimination -- according to Prophet Muhammad in his last Friday sermon in Arafah. So, being Muslim, should I not also put Islam above race, in keeping with the tenets of Islam?
Malays consider me a traitor to my race. I have been called many worst things before so that is the least of my worries. The problem is, I really don’t know what race I am although, according to the Malaysian Constitution, I am considered Malay. Can I be not Malay? Can’t I just be a plain and simple Malaysian? What is so wrong if I refuse to be Malay and instead be just a Malaysian?
Anyway, this article is not about me. It is about Malaysians, in particular those who are not Malay, commenting about issues that irk them but their comments do not take into consideration the background of the entire scenario. Now, before you go for my jugular, please don’t misinterpret this as me supporting the pro-Malay policy. I do not. What I am saying is: first understand the issue before commenting on it.
Of course you can disagree with certain policies and situations. After all, we did not create them but merely inherited them. No one is saying you must accept the situation without protest. You are also at liberty to fight and struggle against what you disagree with in your effort to bring about changes. In fact, that is our duty, especially for Muslims -- because Islam makes it mandatory to oppose persecution, discrimination, injustice and whatnot. But how do you fight for change when you first of all do not even understand why the situation is what it is?
We have such a thing called the Federal Constitution of Malaysia. How, in the first place, did we get to own a written Constitution? The Constitution was the result of the 1948 Federation of Malaya Agreement. Now, remember, in 1948, Malaya was still under the British Colonial Government. Malaya was not granted Merdeka until 1957. So, this whole thing is a British doing, in spite of the fact that Britain itself does not have a written Constitution. And the Federation of Malaya Agreement of 1948 was not only the basis of our Constitution but also the terms of Merdeka.
Okay, against that backdrop, read the following pieces below and then, and only then, let us debate the issue of Malay Rights and Special Privileges in a matured and intelligent manner, minus the outbursts, name-calling, insults and emotions devoid of substance.
When negotiating the terms of independence before that date, the MCA had asked that every Chinese who could legitimately claim to be regarded as a citizen should be allowed to become a citizen with the achievement of independence. It is a tribute to the farsighted statesmanship of UMNO and its leaders that they reacted sympathetically to this request. To give effect to this sympathy, a provision was inserted in the constitution itself to the effect that “good character” meant any person who had not been in jail during the period of three years preceding his application for citizenship.
This was the main stumbling block to the acquisition of citizenship in colonial days. With the removal of this barrier, it was possible to admit approximately one million new citizens within 12 months of Merdeka and, of this number, roughly 800,000 were Chinese. If the Malays had been against giving a fair deal to the Chinese in the matter of citizenship, they would not have allowed such a situation to develop.
The next major issue was the one concerning the special position of the Malays. Not many people are aware that this provision was inserted in the 1948 Federation of Malaya Agreement as part of the special responsibilities of the High Commissioner in the following terms: The safeguarding of the special position of the Malays and of the legitimate interests of other communities.
It will be seen that this simple phrase could mean nothing. It could also mean everything. It was vague, it was also comprehensive, and it was comprehensive enough as to be capable of being interpreted in a way which could mean the virtual elimination of Chinese economic interests in important sectors of the economy. Here again, with independence, this omnibus provision was scaled down to a precise definition so that it will be clear to all what this provision means. You will find it in article 153 of the Constitution. I have no time in a speech of this nature to tell you exactly what it means or what it does not mean, but very briefly, the effect of this provision is that, firstly, all existing rights are preserved; secondly, no citizen can be prohibited from engaging in business activity or deprived of his right to engage in business activity merely because he is a non-Malay.
Tun Tan Siew Sin in his speech at the Delegates’ Conference of the Hokkien Association of Malaysia in Kuala Lumpur on 22nd May 1965.
THE REID COMMISSION
Report of the Federation of Malaya Constitutional Commission 1957
(London: Her Majesty’s Stationary Office)
Colonial No. 330
THE SPECIAL POSITION OF THE MALAYS
163. Our terms of reference require that provision should be made in the Constitution for the “safeguarding of the special position of the Malays and the legitimate interests of other Communities”. In addition, we are asked to provide for a common nationality for the whole of the Federation and to ensure that the Constitution shall guarantee a democratic form of Government. In considering these requirements it seemed to us that a common nationality was the basis upon which a unified Malayan nation was to be created and that under a democratic form of Government it was inherent that all the citizens of Malaya, irrespective of race, creed or culture, should enjoy certain fundamental rights including equality before the law. We found it difficult, therefore, to reconcile the terms of reference if the protection of the special position of the Malays signified the granting of special privileges, permanently, to one community only and not to the others. The difficulty of giving one community a permanent advantage over the others was realized by the Alliance Party, representatives of which, led by the Chief Minister, submitted that – “in an independent Malaya all nationals should be accorded equal rights, privileges and opportunities and there must not be discrimination on grounds of race and creed…” The same view was expressed by their Highnesses in their memorandum, in which they said that they “look forward to a time not too remote when it will become possible to eliminate Communalism as a force in the political and economic life of the country”.
164. When we came to determine what is “the special position of the Malays” we found that as a result of the original treaties with the Malay States, reaffirmed from time to time, the special position of the Malays has always been recognized. This recognition was continued by the provisions of clause 19(1)(d) of the Federation Agreement, 1948, which made the High Commissioner responsible for safeguarding the special position of the Malays and the legitimate interests of other communities. We found that there are now four matters with regard to which the special position of the Malays is recognized and safeguarded.
(1) In most of the States there are extensive Malay reservations of land, and the system of reserving land for Malays has been in operation for many years. In every State the Ruler-in-Council has the power to permit a non-Malay to acquire a piece of land in a Malay reservation but the power is not used very freely. There have been some extensions of reservations in recent years but we do not know to what extent the proportion of reserved land has been increasing.
(2) There are now in operation quotas for admission to the public services. These quotas do not apply to all services, e.g., there is no quota for the police and, indeed, there is difficulty in getting a sufficient proportion of non-Malays to join the police. Until 1953 admission to the Malayan Civil Service was only open to British subjects of European descent and to Malays but since that date there has been provision for one-fifth of the entrants being selected from other communities. In other services in which a quota exists the rule generally is that not more than one-quarter of new entrants should be non-Malays.
(3) There are not also in operation quotas in respect of the issuing of permits or licenses for the operation of certain businesses. These are chiefly concerned with road haulage and passenger vehicles for hire. Some of these quotas are of recent introduction. The main reasons for them appear to be that in the past the Malays have lacked capital and have tended to remain on the land and not to take a large part in business, and that this is one method of encouraging the Malays to take a larger part in business enterprises.
(4) In many classes of scholarships, bursaries and other forms of aid for educational purposes preference is given to Malays. The reason for this appears to be that in the past higher education of the Malays has tended to fall behind that of the Chinese, partly because the Chinese have been better able to pay for it and partly because it is more difficult to arrange higher education for Malays in the country than for Chinese in the towns.
165. We found little opposition in any quarter to the continuance of the present system for a time, but there was great opposition in some quarters to any increase of the present preferences and to their being continued for any prolonged period. We are of opinion that in present circumstances it is necessary to continue these preferences. The Malays would be at a serious and unfair disadvantage compared with other communities if they were suddenly withdrawn. But, with the integration of the various communities into a common nationality which we trust will gradually come about, the need for these preferences will gradually disappear. Our recommendations are made on the footing that the Malays should be assured that the present position will continue for a substantial period, but that in due course the present preferences should be reduced and should ultimately cease so that there should then be no discrimination between races or communities.
166. With regard to land we recommend (Art. 82) that, subject to two qualifications, there should be no further Malay reservations, but that each State should be left to reduce Malay reservations in that State at an appropriate time. Land is a State subject and we do not recommend giving overriding powers to the Federation in this matter. We do not think that it is possible to lay down in advance any time when a change should be made because conditions vary greatly from State to State. The two qualifications to the rule that there should be no further reservations are: first, that if any land at present reserved ceases to be reserved, an equivalent area may be reserved provided that it is not already occupied by a non-Malay; and, secondly, that if any undeveloped land is opened up, part of it may be reserved provided that an equivalent area is made available to non-Malays.
167. The effect of our recommendations (Art. 157) is that with regard to other preferences to Malays no new quota or other preference could be created. These preferences can only be lawfully created or continued to the extent to which that is specifically authorized by the Constitution. With regard to the existing quotas which we have referred to above we recommend that the Malays ought to have a substantial period during which the continuance of the existing quota is made obligatory, but that, if in any year there are not enough Malay applicants qualified to fill their quota of vacancies, the number of appointments should not be reduced and other qualified applicants should be appointed in sufficient numbers to fill the vacancies. We recommend that after 15 years there should be a review of the whole matter and that the procedure should be that the appropriate Government should cause a report to be made and laid before the appropriate legislature; and that the legislature should then determine either to retain or to reduce any quota or to discontinue it entirely.
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