Saturday, April 08, 2006

Present opposition

Anwar Ibrahim has been critical of the New Economic Policy since his release from prison.At present, the Bumiputra privileges both enshrined in Article 153 and as set out by other acts of law, remain in force. Many opposition parties including, the DAP and Parti Keadilan Rakyat (PKR), have pledged themselves to undoing the NEP. The DAP has argued that it does not have anything against the special position of Bumiputras as set out in Article 153, but seeks to undo the government's policies such as the NEP that they believe discriminate unfairly against the non-Bumiputras. [36] The PKR, which was founded to fight for the release of former Deputy Prime Minister Anwar Ibrahim, who had been detained for charges of corruption and sodomy after he publicly opposed Mahathir's policies, also has criticised the NEP. After Anwar's release in 2004, he criticised the NEP as having failed the Malays and stated that he would seek its replacement by a more equitable policy. [37] [38]

The NEP and other privileges accorded to the Bumiputras or Malays under Article 153 have been noted for not explicitly seeking to eradicate poverty among the Malays, but instead largely aiming to improve the Malays' overall share of the economy, even if this share is held by a small number of Malays. [39] However, the NEP has also been defended as having been largely successful in creating a Malay middle class and improving Malaysian standards of living without compromising the non-Bumiputra share of the economy in absolute terms; indeed, statistics indicate that the Chinese and Indian middle classes also grew under the NEP, albeit not as much as the Malays'. It has also been contended that the NEP defused racial tensions by eradicating the perception of the Chinese as the mercantile class and the perception of the Malays as mere farmers. [40]

Article 10 (4) of the Constitution permits Parliament to make it illegal to question, among others, Article 153 of the Constitution. Under the Sedition Act, questioning Article 153 is indeed illegal — even for Members of Parliament, who usually have the freedom to discuss anything without fear of external censure. [41] The government can also arbitrarily detain anyone it desires theoretically for sixty days, but in reality for an undetermined length of time, under the Internal Security Act (ISA). In 1987 under Operation Lalang (literally "weeding operation"), several leaders of the DAP, including Lim Kit Siang and Karpal Singh, were held under the ISA. It is widely believed this was due to their calling for the NEP and other Malay privileges to be reviewed. [42] Others have questioned the constitutionality of the NEP. [43]

In 2005, the issue of the Constitution and its provisions were also brought up by several politicians within the government itself. Lim Keng Yaik of the Gerakan party, which by now had joined Barisan Nasional, the ruling coalition, asked for a re-examination of the social contract so that a Bangsa Malaysia (literally Malay for a Malaysian race or Malaysian nation) could be achieved. [44] The social contract is a term used to describe the Constitution's provisions with regard to the different races' privileges — those who defend it and Article 153 often define the social contract as providing the Indians and Chinese with citizenship in exchange for the Malays' special rights or ketuanan Melayu.

Lim was severely criticised by many Malay politicians, including Khairy Jamaluddin, the Prime Minister's son-in-law and Deputy Chairman of the UMNO Youth wing, and Ahmad Shabery Cheek, a prominent Malay Member of Parliament from the state of Terengganu. The Malay press, most of which is owned by UMNO, also ran articles condemning the questioning of the social contract. [45] Lim was adamant, asking in an interview "How do you expect non-Malays to pour their hearts and souls into the country, and to one day die for it if you keep harping on this? Flag-waving and singing the 'Negaraku' (the national anthem) are rituals, while true love for the nation lies in the heart." [44]

A year earlier, Abdullah had given a speech where he mentioned the most "significant aspect" of the social contract as "the agreement by the indigenous peoples to grant citizenship to the immigrant Chinese and Indians". Although Abdullah went on to state that the character of the nation changed to "one that Chinese and Indian citizens could also call their own," [46] the speech went largely unremarked.

In the end, Lim stated that the Malay press had blown his comments out of proportion and misquoted him. The issue ended with UMNO Youth chief Hishamuddin Hussein warning people not to "bring up the issue again as it has been agreed upon, appreciated, understood and endorsed by the Constitution." [47]

It should be noted that the social contract is not always used with regard to the provisions regarding rights and privileges of the different races; in the 2004 general election, the DAP ran on a platform of defending the social contract in the context of an Islamic theocracy, which they alleged was forbidden by the Constitution, but was endorsed by Mahathir, Lim Keng Yaik and by PAS, the second-largest Malay-based political party in the country. [48] [49]

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