Guest Commentary: Protecting the Integrity of Section 153

It is not reasonable or justifiable that 90% of places in educational institutions, scholarships, training or other special facilities are reserved for Bumiputeras, and that the funding for these institutions comes from the taxpayers of all Malaysians.

Lin Deyi

Coincidentally, the latest controversy over race and Section 153 erupted at the same time as the first opinion piece attempted to open the Pandora’s box of Section 153 of the Federal Constitution and correct its flaws and abuses.

Earlier, the Cabinet took a bold decision in the field of higher education. ensure All students who obtain 10A or above in the SPM examination are eligible for entry into the university preparatory class.

Prime Minister Anwar Ibrahim said: “This decision ensures that all outstanding SPM students have the best opportunity to pursue higher education.

“This is also to ensure that the Bumiputera quota system and meritocracy principles are maintained for the benefit of all students.

“All our children, when I say children, I mean Malays, Chinese, Indians, Dayaks, Kadazans, all of them, without exception.

“If our children get 10 As or above or get excellent grades, without exception, they will be admitted. This is the government’s guarantee.

“So the issue of race should no longer arise.”

Step by step

While this move is laudable, it is only the first step in the reforms needed for Section 153 to apply.

Indeed, racial issues in education policy-making and implementation, as well as in other aspects of national policy, are arguably far from over, as evidenced by the high number of readers reporting on the Cabinet decision on social media.

It is noteworthy that the Prime Minister himself recently called attention to the poor educational performance of our country’s 15-year-old students in the Programme for International Student Assessment (Pisa).

In the latest assessment, Malaysia recorded the biggest drop in scores compared to Indonesia, Thailand and Vietnam, a situation decried by the prime minister as “something we cannot deny”.

Most Malaysians are fully aware of the discrimination, prejudice and other deficiencies in the country’s education system, which has been most effectively enforced since 1957 in different sectors of the economy and society.

Few people are aware of these balancing clauses and their importance in safeguarding the legitimate interests of minorities and the principle of reasonable proportionality established in the Constitution to ensure fairness.

Does this latest flaw in the Bumiputera quota system comply with the principles of “reasonable proportion” and “protection of the legitimate interests of non-Malays” as enunciated by the Reid Commission and intactly enshrined in the Constitution?

Firstly, it is not reasonable or justifiable that 90% of the places in educational institutions, scholarships, training or any other special facilities are reserved exclusively for Bumiputeras, and that the funding for these institutions comes from the taxpayers’ money of all Malaysians.

This approach might have been justified even for a short period after the New Economic Policy (NEP) ended.

But today? Those who deny the urgency of questioning and reforming existing racially discriminatory quotas are like emperors parading around in finery.

Tweaking Article 153 to revitalize Malaysia

How the objectives of reasonableness, transparency and accountability can be achieved in the fair and equitable implementation of Article 153 clearly requires the urgent attention not only of politicians but also of all stakeholders working towards a better Malaysia.

The following is a short list of measures that others may wish to provide to enhance the application of section 153, in addition to the recommendations made by Cabinet:

● Public and private sector housing price discounts and quotas

● Staffing of public universities, including appointment of senior officials such as presidents

● Enrollment quotas at all levels

● Budget allocation to educational institutions

● Scholarship

● Preferential policies for the Mala ethnic group

● Civil servant recruitment and promotion

● Licensing, tenders and contracts for the public sector, government-linked companies and other special purpose government agencies

It is hoped that various stakeholders, such as government-linked companies, manufacturers, small and medium enterprises, housing developers and other business groups will provide suggestions.

In addition to this, various parts of the civil service have also been burdened with the implementation of unreasonable and excessive priority requirements.

In addition to clearly stipulating that business conditions and state governance should safeguard the legitimate interests of all, it must be emphasized that the scope of application of Article 153 is limited by Article 136, which requires that civil servants should be treated equally regardless of race.

Dealing with objections to Section 153 reforms

It is foreseeable that some politicians, decision-makers in the civil service and other socio-political and business elites who are the main beneficiaries of the NEP will oppose the removal of the NEP benefits and the excessive provisions of Section 153.

It is an undeniable fact that the beneficiaries not only hope but also work hard to ensure that their descendants can continue to monopolize the benefits brought by institutionalized preferential policies.

The non-transparent allocation of contracts under the auspices of the New Economic Policy and Article 153 has caused huge losses to the national economy and finances. This phenomenon will continue if it is not corrected.

The response to any ethnocentric and opportunism-driven opposition to reviewing Section 153 should not be silence, cooperation, resignation or inaction.

It should be a dispassionate presentation of fact-based feedback and indisputable data on impacts and outcomes from citizens, businesses, academia, the media and other stakeholders.

Policy change and reform require persistence and perseverance to knock on closed doors of policymakers and bureaucrats.

Leaving aside the legal, moral and other arguments against any form of excessive, unreasonable and exploitative preference, the reality is that unchanging racial identity is the major stumbling block to Malaysia’s revitalization.

The sooner it is replaced with a policy mix that is race-neutral, needs-based, merit-based and region-specific (which should include prioritising the legitimate rights of Sabah and Sarawak), the sooner the country will become more resilient and united to face a tougher future.

Lim Teck Kuei is an economic historian and analyst with extensive experience in the field of Bumiputera equity.