Malay Rights v Special Position


by Stanley Koh
Free Malaysia Today
January 9, 2011

COMMENT

“There are no Malay rights since our Constitution holds dear that all persons are equal before the law and entitled to equal protection of the law without discrimination on the basis of race and religion.”
That was what the late Ghazali Shafie said in a speech at the National Unity Convention in May 2001.

He continued: “What perhaps has come to be regarded as special rights is the special position of the Malays and natives of Sabah and Sarawak under Article 153 (of the Federal Constitution). The change from ‘position’ to ‘rights’ is frightening. Who did that, I wonder?

“In a plural society like ours, if the leadership was not bold and sincere enough to take corrective measures so that there would be a level playing field, then the situation would indeed be bleak and our society would be a playground for those who wish us ill.”

Born in Kuala Lipis, Ghazali was 88 at the time of his death in January 2010. He had a distinguished career in politics and government.

Many bigots, opportunists and self-serving leaders of today will probably dismiss those remarks on the New Economic Policy as just one man’s opinion. If they are ignorant of history, they may even question his authority.

If Ghazali were alive and facing these critics, he would probably reply in these words, which were part of the speech at the 2001 convention:

“It was Tun Abdul Razak who asked me to devise the NEP after being inspired by Rukunegara.

“The NEP was the fruit of consultations among the various races in the Consultative Committee and later Parliament, who agreed to the corrective measures by invoking affirmative action.”

In explaining affirmative action, he paraphrased Tun Abdul Razak, who likened it to the handicap system in golf, “so that,” he said, “everyone could play together on a level playing field.”

He added: “Almost ad nauseam, it was explained that the NEP was not to make the Malay community rich but to change vocations through affirmative action. To acquire riches is the privilege of any individual and it would be contrary to the Rukunegara if the only aim was to make the Malays rich.”

When he spoke those words, the greed for riches through the NEP had long taken root. Distortions and misinterpretations of the policy had already divided the nation, and our so-called leaders tossed around the word “unity” only when elections were near, and they still do so today.

But unity, if we take it seriously, is indeed the key to resolving the profound problems that the nation faces.

Is “1Malaysia” a call for such unity? Many Malaysians do not think so. They believe instead that it is a red herring meant to deflect attention from the continuation of discriminatory policies.

The thinking public does not buy all the hype about 1Malaysia that BN is pushing through the media organisations it controls. It remains an empty and meaningless slogan.

And, as if oblivious of what the public is saying, 1Malaysia has become a favourite catchword among BN politicians. They tag the slogan to everything, like a chef sprinkling salt in every dish. Do they really think that Malaysians are stupid enough to believe that mere rhetoric can charm them out of their dissatisfactions?

Ghazali was right when he said that our national problem had become complicated because of the kind of education Malaysians were receiving. And nothing has changed since he made that remark 10 years ago.

“We become argumentative over some words without analysis or a look at the semantics,” he said.

And Ghazali was right too when he said: “We don’t seem to care about the fundamental right to food and clothing.”

Critics accuse the Umno-led regime of spending millions of ringgit on decorative rhetoric and ceremonial reforms without making any real effort towards substantive institutional changes that would bring about compliance with democratic principles and respect for human rights and needs.
Ghazali stressed that there could be no lasting unity unless the playing field was level.

He added: “Let us not shift the goal posts when the field is beginning to level. This exercise at maintaining peace and stability must be kept in constant repair.”

Ghazali, once an Umno supreme council member himself, probably had some faith that the party would eventually come to its senses and start to set things right again. If he were alive today, would he still have such confidence?

  1. #1 by johnnypok on Sunday, 9 January 2011 - 5:46 pm

    1. Wealth from hard-work will create more wealth

    2. Wealth from hand-outs and corruption will not last

    Eventually, the country will be controlled by category 1

    Category 2 will become extinct.

  2. #2 by limkamput on Sunday, 9 January 2011 - 6:03 pm

    It is nice to quote and to read great speeches especially those that make logical sense. But the problem is views like this are usually propagated by “has been” politicians or politicians “retired” or out of power. When they were in power, they are simply antagonistic to such ideas and intentions. I am not able to explain what I observed. When you are out of power, you talk sense; when you are in power, you pretend to talk sense.

  3. #3 by Taxidriver on Sunday, 9 January 2011 - 6:21 pm

    When they are out of power they talk sense. But while in power and holding positions they only think sen and talk non-sense. limkamput?

  4. #4 by Loh on Sunday, 9 January 2011 - 6:46 pm

    ///Born in Kuala Lipis, Ghazali was 88 at the time of his death in January 2010. He had a distinguished career in politics and government.

    Many bigots, opportunists and self-serving leaders of today will probably dismiss those remarks on the New Economic Policy as just one man’s opinion. If they are ignorant of history, they may even question his authority.///–Stanley koh

    Ghazali Shafie was the preferred candidate for the position of DPM when Hussein Onn was PM. Unfortunately Tengku Razaleigh, Ghafar Baba and Mamakthir confronted Hussein Onn to have one of the three Vice Presidents appointed DPM, and Tengku Razaleigh committed the sin in supporting Maamkthir as DPM rather than taking the position himself, and Ghafar Baba resigned from the Cabinet.
    Hussein Onn was right to have chosen Ghazali’s, who would not have utilized NEP for his own wealth creation and made this a corrupt nation. But the political set up in which party positions are held by people who are artful in collusion rather that in demonstrating their capability to serve as statesmen allow opportunists to make politics the most rewarding entrepreneurship. UMNO president for the past half a century was PM, and the short cut to UMNO presidency was racism; Razak, Mamakthir and Najib proved it. To perpetuate control of the party, Mamakthir utilized government funds to buy support within the party and stayed on as PM for 22 years, and Najib would not even implement NEM as the expert group advised.

    ///He added: “Almost ad nauseam, it was explained that the NEP was not to make the Malay community rich but to change vocations through affirmative action. To acquire riches is the privilege of any individual and it would be contrary to the Rukunegara if the only aim was to make the Malays rich.”///–Ghazali Shafie

    Mamakthir declared soon after he ousted Hussein Onn that NEP would have succeeded when he could make a Malay millionaire. To Mamakthir NEP was an opportunity to make anybody a millionaire so long as he is Malay. He declared himself 100% Malay. So his sons too are Malays, and under NEP it was the duty of the government to make his son millionaire, as Mamakthir willed it. Mamakthir has made NEP succeed 1,000 times over as his sons are billionaires.

    ///“There are no Malay rights since our Constitution holds dear that all persons are equal before the law and entitled to equal protection of the law without discrimination on the basis of race and religion.”
    That was what the late Ghazali Shafie said in a speech at the National Unity Convention in May 2001.

    He continued: “What perhaps has come to be regarded as special rights is the special position of the Malays and natives of Sabah and Sarawak under Article 153 (of the Federal Constitution). The change from ‘position’ to ‘rights’ is frightening. Who did that, I wonder?///

    The distinction between special right and special position was articulated by Lee Kuan Yew in Malaysian parliament in 1964. The same opinion is held by all Malay leaders who would be able to lead the country without resorting to racism. Politicians in UMNO realized the easy ascent to position within UMNO through masquerading themselves as Champion of the race by spreading fear and hatred against other races. Mamakthir said recently in his blog that he was not able to compete with his non-Malays classmates because of the long history of Chinese culture, and he as Malay was disadvantaged. The truth was Pakistanis of the Indian subcontinent too have as long a history as China, and so he beats all Malays to be President of UMNO because he was Indian. The theory he advanced was bullshit, but it shows that even in 2010 he considered it necessary to use fear to urge Malays to support UMNO while he ensures that his son climb into UMNO leadership position.

    ///He added: “Let us not shift the goal posts when the field is beginning to level. This exercise at maintaining peace and stability must be kept in constant repair.”///

    Actually Najib did not even bother to shift the goal post, or to honour the promise. Najib only wants to believe that it is special right that was the raison d’etes for article 153 and not special position. In any case he has engineered the whole party to safeguard the ‘special position’, pretending that they are in that position so that they maintained the special assistance. It is just like people who receive unemployment benefit would claim that they work as hobby rather than engage in gainful employment. That is how they love their ‘race’ by making the ‘race’ dishonest.

  5. #5 by Loh on Sunday, 9 January 2011 - 6:55 pm

    Taxidriver :
    When they are out of power they talk sense. But while in power and holding positions they only think sen and talk non-sense. limkamput?

    Mamakthir refuses to talk sense even out of power and awaiting the call. Even though people out of power might not change government position with their sensible sayings, other voters will benefit from hearing sensible views. It helps at the ballot boxes to push the opportunists out of power.

  6. #6 by limkamput on Sunday, 9 January 2011 - 7:52 pm

    Loh, that is where you are wrong. Mahathir was NOT out of power. He was out of power for a little while when that nincompoop was PM, but today he is very much in power, politically and economically. If that nincompoop PM was decisive and daring enough, I think the situation today would have been very different. Some people know how to use power but have no power. Some nincompoops got all the power but do not how to use it or know only how to abuse it. Remember Mahathir complained about APs and highlighted how APs were abused. Today do you hear him talking about it? You know who is in charge of APs now and today APs are as much abused as was during that anak perempuan’s (AP) time.

  7. #7 by yhsiew on Sunday, 9 January 2011 - 7:55 pm

    The NEP and affirmative action will not do the nation any good; they only frighten away foreign investors, exacerbate the brain drain problem and dampen the nation’s competitiveness.

    The latest figure shows foreign investments flowing into Malaysia last year only reached half the amount targeted by the government. The is the price the government has to pay for holding dear to the NEP and affirmative action.

  8. #8 by Taxidriver on Sunday, 9 January 2011 - 8:19 pm

    Loh, limkamput is right. Mamak is still very power-fool. This explains the Penang mamaks’s arrogance. They are hoping to oneday, like Mamakthir, be recognised as Malay muslims. But right now their status is Indian muslims.

  9. #9 by erico47 on Sunday, 9 January 2011 - 9:48 pm

    The interpretation of the “special position” actually refers to “relatively backward socio-economic position prevailing at that time”, thus necessitating special protection / assistance. The Federal Constitution would then make sense to everyone, in the past / present / future context. This is the real spirit of the Federal Constitution, in the past / present / future context. In that sense, the word “position” carries “unfavorable undertone equivalent to “relative backwardness” which no bumiputra would want to be associated with permanently, nor cling to that “position” permanently.

    Therefore to substitute “position” to “rights” is totally NOT the original intention / spirit of the Federal Constitution, as rightly interpreted in this article.

  10. #10 by sudala on Sunday, 9 January 2011 - 10:11 pm

    So in Malaysia, the only way to riches is to join the gravy train call UMNO or BN (if you want some leftover crumbs) who will rule the country with biased perceptions of non bumis and uphold discriminatory laws against those not their kind and their type. If this continues and BN is still in power after the coming 13 GE, it will be hastening the death of Malaysia as the country is further bled to death and descend into bankruptcy with chronic corruption and abuses from the highest level of government.

    So come on, Malaysia…throw the opportunists and useless BN and their cronies out into the sea and start afresh to manage the country and its resources wisely. There is enough for everyone in the country if all citizens are subject to fair play for once.

  11. #11 by sheriff singh on Sunday, 9 January 2011 - 11:29 pm

    The guy on the radio said ” when you take your first puff, you are hooked for life”.

    So when they play golf, supposedly on a level playing field, when they let you ‘win’ all the time, you are hooked.

    Only solution: “Cold Turkey”. No more handicaps. No more favouritisms. Just earn your living through sweat and tears.

    But alas, it has become a ‘tradition’ and a ‘birth right’. Its already in the genes through evolution.

  12. #12 by tak tahan on Monday, 10 January 2011 - 12:17 am

    Most people do not know their rights except being happy go lucky in their daily lifes.Some are seem unconsciously oblivion to this present situation and just work relentlessly without any clue for their future and family.Could i say they’ve finally given up or can’t be bother anymore no matter what could hold their future in lifes?We should try to tell our friends and acquaintances what is rightly belong to them and what they must expect from a righteous and truely democratic goverment to improve their lifes.Some of my seniors don’t even understand what is going on in bolehland and have no better understanding of politics than my nieces and nephews.How to expect average malaysians to realise for change .Aiyoh…almost want give up…

  13. #13 by tak tahan on Monday, 10 January 2011 - 12:43 am

    What you say uncle monsterball?But i don’t give up malaysia cause i think my family and i deserve to be here as truely malaysian to claim our rights as equal as umno and perkosa -the pendatangs.Lawan tetap lawan,right?Otherwise why we blog here so much for what?

  14. #14 by PoliticoKat on Monday, 10 January 2011 - 1:15 am

    In a sad sad way, it no longer matters if the special position of the Natives @ Malay right are upheld for the next few decades or not.

    The country is ailing.. has been for 10 years now. The people are beginning to feel the effects in their standard of living and even the infrastructure around them.

    Yet a horrible part of me, whispers thanks to the governments social engineering, financial encouragement and aid, the Malays now make the majority of that population (65%). And when the wheels fall off, the Malays will experience more hardships (then the rest of us) from a failed economy.

    At this moment, the average Malay family has grown accustom to, even dependent on some form of government aid.

    Thanks to the irresponsible government/Mamak policy of “at least 5 children”, most Malays have large families. 10 children is the average in Kuantan. Yet most do not realize the financial burden from so many children. Their families are dependent on a steady flow of government aid which has been doled out for nearly 3 generations

    This mentality in my experience was best exemplified by a question a malay friend once ask..

    “Do chinese hate children? Why are all your families so small?”

    And the Malays population continues to grow, out stripping the non-malays.

    Yet even now the cracks have appeared, financial aid is no longer easy to come by (for Malays). MARA is no longer giving out non competitive scholar. Scholarship bodies are now actively making it student payback their loans.

    Jobs are not easy to come by. The private sector has been stifled by the NEP and GLCs. Perhaps a reason why the number of civil servants is so large in Malaysia. ~1 million. 1/30 of the population. >99% of whom are Malays.

    The Malay rights will end. Not officially and not due to the effort of the Non-malays. Malay Right will end because one day, in a decade or so, the government will not have the money to fund them.

    The chickens have come home to roost. Karma. Terima padah.

    Although when that day comes, I foresee UMNO politicians using the argument that while the Malays are suffering, the non-malays are suffering less. The non-malays are somehow robbing the Malays. And thus need differential taxes to compensate.

  15. #15 by monsterball on Monday, 10 January 2011 - 1:23 am

    Right you are…tak tahan man….lawn tetap lawan
    I am reading with pride and joy…we have brave ones like you.

  16. #16 by monsterball on Monday, 10 January 2011 - 1:32 am

    I hope all that are discussing UMNO B this or that…will not be being lead away from the real reasons why we must vote them out.

  17. #17 by tak tahan on Monday, 10 January 2011 - 1:54 am

    How to lawan man?But i will still lawan with true malaysians like LKS and you.What to loose man when now they are richer than us right?Bring on the GE13 or what they are wanting to provoke;m.ay,july or whatever f..c..k..ing thingy..bring it on once and for all..pls……

  18. #18 by tak tahan on Monday, 10 January 2011 - 2:41 am

    Why my comment always awating moderation?I must comment in UM lah.LKS blog ISA me is it?

  19. #19 by monsterball on Monday, 10 January 2011 - 2:54 am

    Time has changed ….tak tahan.
    I was vulgar and full of anger against UMNO B hypocrites… crooks and robbers..using words ….just like you…and was the most insulted commentator in blogging….while also feeling unfairly..being moderated….by so call freedom fighters.
    Try to change your style of writing and use blogging to improve your English language….and not making it worst…like you are doing now.

  20. #20 by Taikohtai on Monday, 10 January 2011 - 7:07 am

    Political expediency never fails to raise its ugly head, whether it is in Malaysia, Australia or any other country. When the rule is by the ‘majority’, of course the incumbent will do whatever it takes to stay in power. Unfortunately it takes time and suffering before major changes can be instituted but patience runs thin for many a righteous. Hence, I applaud the likes of LKS, DSAI, Tok Guru, Karpal etc, etc who persevere and are leading the charge, come what may.

  21. #21 by k1980 on Monday, 10 January 2011 - 7:48 am

    // When the rule is by the ‘majority’, of course the incumbent will do whatever it takes to stay in power.//

    “The people in the government give opportunities to their own friends, their own people,” he said. Mr. Machar is a Nuer, considered the second most powerful ethnic group in southern Sudan, behind the Dinka. “Corruption is the order of the day,” he continued. Still, he said, he was voting for secession.

    http://www.nytimes.com/2011/01/10/world/africa/10sudan.html?ref=global-home

  22. #22 by Bigjoe on Monday, 10 January 2011 - 8:10 am

    Look at the track record of political parties in reforming themselves and its very very dismal especially so in Asia. LDP in Japan, Golkar in Indonesia, Congress in India, etc. Parties like UMNO, they don’t reform and more likely to die a slow death causing problems for everyone.

  23. #23 by dagen on Monday, 10 January 2011 - 9:20 am

    //… he [i.e. Ghazali] paraphrased Tun Abdul Razak, who likened it [i.e. NEP] to the handicap system in golf, “so that,” he said, “everyone could play together on a level playing field.”//

    NEP was not meant to exclude other players from the field. “Everyone could play together.”

    Oh oh, can I hv 200APs pls and and and errr two petrol stations?

    Oh can you now shut up cintanegara? Didnt you read what ghazali said?

  24. #24 by dagen on Monday, 10 January 2011 - 9:21 am

    And some rambutans pls.

  25. #25 by k1980 on Monday, 10 January 2011 - 10:43 am

    //And some rambutans pls.//

    cintanegara’s rambutan tree has only 2 rambutans. After giving you one of those, he would be screaming in agony over the only 1 left. Only 2 rambutans can grown on that stump of a tree in his entire lifetime.

  26. #26 by Loh on Tuesday, 11 January 2011 - 12:22 am

    Taxidriver :
    Loh, limkamput is right. Mamak is still very power-fool. This explains the Penang mamaks’s arrogance. They are hoping to oneday, like Mamakthir, be recognised as Malay muslims. But right now their status is Indian muslims.

    Yes. it was my wishful thinking that Mamakthir is out of power, and better still out of this world. I am sure he can still do more harm than other UMNOputras, siding with Ibrahim and other ultra racists. He is only carrying Najib’s balls, and succeeded in influencing Najib to drop Khairy. But then was it not Najib’s first opportunity to clear those who tried to capitalize on the C4 story. Najib is appears to kowtow to Mamakthir for appointeping the nothing to show son of mamakthir who was not even UMNO youth chief. But was it not the best means to snub and hurt Khairy by appointing loser to the post eagerly hoped for by the winner of the UMNO youth position.

    Kahiry should kick himself for starting the racist arrogance when his father-in-law was PM, and the grandson of Onn Jafar did not want to be outclassed as racist. That brought down AAB. To the nation’s interest Najib is worse; he is more cunning than AAB and he is smooth with slogan, wasting government tens of million ringgit just to fool those who are willing.

  27. #27 by David69 on Tuesday, 11 January 2011 - 2:10 pm

    Malaysia is racist!!!

  28. #28 by good coolie on Tuesday, 11 January 2011 - 11:15 pm

    I will vote for BN if the PM comes to my temple/church compound, eats chapati/thosai/tee-kueh, and shakes hands with me, and promises (just promises) to treat all races equally. My vote is cheap. As for those Pakatan fellows on whom justice places its hope, they will drown in a sea of in-fighting and independent candidates.

  29. #29 by ktteokt on Wednesday, 12 January 2011 - 1:13 pm

    Just another JELLYFISH SYNDROME! The Melayu race will soon ME-LAYU (wither)!

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