Special Position of Malays and the Bumiputera Sabah and Sarawak
Special position of Malays and the Bumiputera Sabah and Sarawak also be touched in
Article Rational 153. These privileges include position in public service, scholarship,
education, business and other special facilities are provided. However, it also protects
othes races, there is responsible of YDPA to protect their right valid in accordance with
other provisions. At the same time, these privileges cannot be implemnted if causes lost
of any public position that held by someome or withdrawal any scholarship or privileges
enjoyed by others communties or dismantling or teminating permit license held by
someone.
Others special position of Malays including provisions of Article 86 and 90 that
related to the Malay reserve land so that the reserve land is protected from the non-Malay.
Who is Malay ?
In Constitution of Malaysia, the characteristics of Malay are typically speak in
Malay, embrace Islam and adpot Malay customs while Bumiputera in Sarawak are
consists of any one of the “Asli” race, that is Bukitan, Bidayuh, Dusun, Dayak Laut,
Dayak Darat, Kadayan, Kalabit, Kayan, Kenyah, Kajang, Lugat, Lisum, Melayu,
Melanau, Murut, Penan, Sian, Tagal, Tabun and Ukit or mixed descent from above and
those who born in Sabah and someone from “Kaum Asli Sabah” are known as
Bumiputera in Sabah.
Rational Article 153
The main matters that should be appreciated during formulation of Constitution Malaysia
are spirit of understanding, accommodative, power sharing and ready to sacrifice among
Malay and the non-Malay. As a citizen of Malaysia, we have to appreciate this situation
because Constitution of Malaysia is the highest level of law and it acts as a reference to
everyone.
There are some suggestions has been agreed when the formulation of Constitution
Malaysia is progressing. During processing, spiritual of accommodative is occurred
among the Malay and the non-Malay and it is called as “social contract”. As an example,
Malays loosen the rules of the citizenship to non-Malay and non-Malays accept the fact
of special position of Malays. On that time, Malays accept principle of “jus soli”, that is
grants the citizenship to non-Malays ethnic who are born before and after independent
day. More than 800,000 non-Malays get the citizenship after implemention of this
principle.
Table 1.1: The number of Non-Malays who become a citizen by Registration
Year
Number of non-Malays
1957(31 August – 31 December 1957)
120,078
1958
822,567
1959
67,227
1960
77,858
Source: Derived from Mohd Suffian Hashim, 1987: Mengenal Perlembagaan Malaysia,
Kuala Lumpur, DBP
For a democracy country, citizenship is valuable for each citizen. It is because they
entitled to vote in every election to determine the government.
In the Article 153 of the Federal Constitution, privileges of Malay includes position in the
public services , scholarship, education, business and others special facilities. Articles
153 cannot be revised, changed or stripped without permission from Majlis Raja-raja
Melayu.
Public Services
In the Article 153 of the Federal Constitution, responsible of the YDPA(Yang Di-Pertuan
Agong) is determine the reserve for the Malay and Bumiputera Sabah and Sarawak with
provides the number of position in the public services. And YDPA is not allowed to strip
any position of public service that hold by a Malay or non-Malay.
There is a reasonable rational for a reserve for Malays and Bumiputera Sabah and
Sarawak in the rate of federal service. It is because there is few number of Malays service
with government during the colonial and early Independence.
Table 1.2: First Phase Officer in the Government Service on 1 November 1968
Service
Malay
Non-Malay
Total
Service of the Administrator
706
515
1221
professional of architect, engineering and
73
370
443
Medical and health officer
64
693
757
Physical scientist
13
51
64
Real scientist
60
108
168
Professional Statistician
38
166
204
Legal services
70
37
107
Uniformed services
331
369
700
Transportation and mass media
67
188
255
1,422
2,497
3,919
officer
Total
Source: Derived from Mohd Suffian Hashim 1987: Mengenal Perlembagaan Malaysia,
Kuala Lumpur, DBP
Refer to the table 1.2, only 36.28% of Malay involved from the overall on year 1968.
There is few Malays service on the scientist and professional officer compared to nonMalays, especially Health and Medical Officer. There has only 9% from the overall.
Economy
At the year 1970, average of Malays of the padi, rubber trapper and fishermen in poverty is
64.8 % compared to non-Malay is 26%(Banci Penduduk 1979, jabatan Perangkaan). This
situation shows majority of Malays in poverty, especially at rural areas. The effect of the
ommision of colonial rule is Malay people left behind do as observers of economics and at that
time changes taking place in the Federation of Malaya(Haris Md. Jadi, 1990).
The income gap between Bumiputera and non-Bumiputera are still high. Example, income for
Malay is RM 1 compared to Chinese is RM 2.30 and RM1.80 for Indian in the year 1970. Similarly,
states a majority of the Malays and the Bumiputera has the highest poverty rate, that is
exceeding 60% in 1970. Majority of Malays stay at Perlis, Terrengganu, Kedah and Kelantan. At
the same year, in terms of ownership of national wealth for Malay is 2.4% while 34% for nonMalays. Obviously this is still going up in the 9th Malaysia Planning, the aim of achieving a 30%
ownership of national wealth by the Malays have not yet been reached.
Therefore, Malays still need help and guide, especially in producing the “Masyarakat
Perdagangan dam Perindustrian Bumiputera” (MPPB). Development of MPPB will continue as
the main approach in reforming the society and ensure greater participation of Bumiputera in
the economy (9MP). Then, Articles 153 should be used to achieve this goal. Such as, provide the
business license and strategic business premises.
In short, the factor of unfair and unbalanced of wealth and income distribution among the
people is the most powerful influence ethnic relations in Malaysia (Sanusi Osman, 1987).
Therefore, Article 153 should allocate that Malays have privileges in the field of economics so
that economic disparity can be eliminated.
Education
Malay in the state of the oppressed after British left their education systems. At that time,
education systems of British just educate Malay to become farmers that better than their parents.
This is exacerbated by the very poor Malay schools without enough furniture, lasck of textbooks
and reading materials well Malay parent are beginning to lose confidence in the Malay schools
(Laporan Barnes, 1951).
In year 1970, the number of Bumiputera entered into IPTA for the first degree is 40.2% (3084
students) compared to non-Bumiputera is 56.2% (4311 students). This situation is not good in the
context of ethnic relations in Malaysia as there is disparity between the ethnic professionals.
Example, in year 1970 Bumiputera professional (architect, accountant, engineering, doctor,
surveyors and lawyers) is 4.9% (225 people) compared to non-Bumiputera is 84.3% (3859 people)
and still left behind nowadays.
If scrutinized until now, Article 153 still need to continue to achieve the desired goals. However,
at the same time, facilities and privileges are granted to non-Malay ethnic group in terms of
education. For example, when the country gained independence, the government at that time did
not directly remove primary school (SRJK) of Chinese and Tamil. On the other hand, defends the
existence of these schools even Razak Repot 1956 wanted to create a national education system.
The 12th paragraph of the Razak Report 1956 mentions “the purpose of education policy in this
country is meant to unite kids from all races in this country by wearing a regulation that covers all
nation studies using the national language as medium of instruction, although this cannot be
implemented immediately but must be made with gradually”.
Similarly, the existence of Maktab Rendah Sains MARA (MRSM) and Matriculation are
designated to the Malays. With the aim to strengthen ethnic ties and solidarity among students,
this privilege was granted to non-Malays when the government allowed them to enter MRSM and
Matriculation with 10% quota. At the same time, university by enrollment quota system has also
changed to the system of meritocracy that is the selection of students based on academic
performance, regardless of ethnic group. Although the special position on the education has been
enshrined in the Constitution, but the various accommodative attitude of the Malay and nonMalay have been created in an effort to improve the ethnic relations in Malaysia.