Saturday, April 08, 2006

Article 153 of the Constitution of Malaysia grants the Yang di-Pertuan Agong, or King of Malaysia, responsibility for safeguarding the rights and privileges of the Malay and other indigenous peoples of Malaysia, collectively referred to as Bumiputra. The article specifies how the federal government may protect the interest of these groups by establishing quotas for entry into the civil service, public scholarships and public education. It is often considered to be part of the social contract, and is commonly cited as a legal defense of ketuanan Melayu — the belief that the Malays are the "masters" (tuan) of Malaysia.
Article 153 is one of the most controversial articles in the Malaysian constitution. Critics consider it to create an unnecessary and racialist distinction between Malaysians of different ethnic backgrounds, because it has led to the implementation of affirmative action policies which only benefit the Bumiputra, who comprise a majority of the population. Technically, discussing the repeal of Article 153 is illegal — even in Parliament, although it was drafted as a temporary provision to the Constitution. Despite this prohibition on discussion, the article is heatedly debated both privately and publicly among Malaysians. Opposition groups, especially the Democratic Action Party, are often against the implementation of the article although ostensibly maintaining support for it. Nevertheless, the article is viewed as a sensitive matter by many, with politicians who oppose it often being labelled as racist.
The article is primarily seen as a continuation of previous laws made by the British to protect the indigenous peoples from being overwhelmed by the immigration of Chinese and Indian workers into Malaya. In the years after independence in 1957, the Chinese and Indians were generally rich urban dwellers, whilst the Bumiputra were mostly poor farmers or manual labourers.
Although the first clause of the article provides that the government should act "in accordance with the provisions of this Article", some believe that the government has overstepped its constitutional powers by implementing certain policies, particularly the New Economic Policy (NEP). Regulations setting a minimum equity holding for the Bumiputra have been established, with practically all real estate sold to the Bumiputra in Malaysia discounted at rates ranging from 5% to 15%. However, the NEP has been defended as having successfully created a Malay middle class and averting major social conflict, as Malaysia has escaped the riots that have plagued other multi-cultural countries in Southeast Asia.

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