Pusat KOMAS expresses its disappointment at a recent address to Universiti Teknologi MARA (UiTM) students by YBhg. Datuk Wira Dr. Asyraf Wajdi Dusuki (Asyraf Wajdi), Chairperson of Majlis Amanah Rakyat (MARA). In his address, he spoke of the importance of upholding Article 153 of the Federal Constitution which enshrines the special position of the Malays and the natives of Sabah and Sarawak to attain specific privileges related to education, public service, permits and licenses. In addition, Datuk Wira Dr. Asyraf rallied UiTM students to ensure these “rights” are protected for years to come.
In Asyraf Wajdi’s speech, he also warned students of UiTM themselves against being proponents of equality. We at Pusat KOMAS would like to reiterate that Article 153 is, in its essence, a measure to promote equity with the goal of achieving equality. The special position and privileges afforded to said communities through Article 153 are due to colonial era disparities, as rightly pointed out by Asyraf Wajdi in his speech. Hence, it acts as an affirmative action policy which is intended to close these socioeconomic fissures and not a right.
In the Reid Commission Report 1957 which provided the foundations for the drafting of our Federal Constitution, Item 165 explicitly states the following:
“…the Malays should be assured that the present position will continue for a substantial period, but that in due course the present preferences should be reduced, and should ultimately cease so that there should then be no discrimination between races or communities.”
This shows that the privileges afforded in Article 153 are not recommended to exist in perpetuity, conversely amended based on need. Asyraf Wajdi’s call for UiTM students to “defend” this provision for the sake of the coming generation defeats the original intention of Article 153 while also connoting that there is no end to the socioeconomic disparity Article 153 was meant to address.
Additionally, framing Article 153 as a “right” undermines the very essence of the provision. This further undermines the Constitution which expressly provides for equality under the law for all as a bona fide Fundamental Liberty contained in Article 8. Upon a complete reading of Article 153 (which Asyraf Wajdi failed to mention), it reveals the Constitutional protection of the “legitimate interests” of other communities, which therefore makes it a protective measure beyond just for the Malays and natives of Sabah and Sarawak. As such, we urge anyone who is reading or referring to Article 153 to read it in totality.
Malaysia and its leaders have always advocated for the equal and equitable treatment of disenfranchised people around the world, including in Palestine, Syria, Myanmar, along with many other countries. Therefore in this regard, Pusat KOMAS urges such prominent figures such as Asyraf Wajdi and others to refrain from repeatedly promoting and providing a distorted view of Article 153 here at home instead. We hope that affirmative action measures that are afforded by the law are recognised and practiced as an equitising tool rather than one that stratifies Malaysian society further.