The Modern Malaysia is one of the pluralistic societies that comprise of communities of different ethnic, cultural and religious perspectives. The prevailing state of affairs is as a result of the British colonial social experiments. They happened between the 18th and 20th century during which a large number of the Chinese and Indian laborers were imported to the British Malaya. This is to enable the contribution of the labor force in the various plantations and mines. Prior to the British colonization in Malaysia, the population constituted of majorly the Malays, non-Malay natives and the Orang Asli as the aboriginal people. This is with Malays being the population constituting of the majority. However, as a result of the British colonists importation of foreigners as laborers in massive numbers Malaya, the population was fundamentally altered.
Following the importation of the foreign laborers in larger numbers to Malaysia during the colonization, the population of the Malaysian community underwent an alteration that saw the Chinese formation of one-third the population and the Indians forming one tenth of the total population. Malaysia is known presently as one of the multi-ethnic and multi-religious societies with an underlying objective dictated through the provisions of the article 153 of the constitution. Malaysia is one of the global most recognized countries with a multi-religious and multi-ethnic perspective with provisions supporting racism written in the constitution. The Malaysian population constitutes of the Malays as the majority making up to 50.4% of the total population, Indian 7.1%, the Chinese with 23.7%, and the indigenous population up to 11%.
Table of Contents
1. The evolution of Article 153 of the Malaysian constitution
2. The social, economic, and political necessity of Article 153 and the NEP
3. Malaysia’s violation of both international and Syariah human right principles through the adoption of Article 153 and the New Economic Policy
3.1 (i) The New Economic Policy and the Malaysian race riots
3.2 (ii) New Economic Policy and education
3.3 (iii) The New Economic Policy and Unity
4. Malaysia’s violation of both international and Syariah human right principles through the adoption of Article 153
Research Objectives and Themes
This paper examines the constitutional framework of Article 153 in Malaysia and its socio-economic impact through the New Economic Policy (NEP). It investigates how these mechanisms, intended to safeguard the position of the Bumiputra, have influenced inter-ethnic relations, economic equity, and compliance with international human rights standards.
- The historical origin and evolution of Article 153 in the Malaysian Constitution.
- The implementation and economic objectives of the New Economic Policy (NEP).
- The socio-political consequences of affirmative action on inter-ethnic relations and national unity.
- Critical analysis of human rights violations and the debate over institutionalized discrimination.
- The relationship between economic redistribution and the preservation of communal privileges.
Excerpt from the Book
The evolution of Article 153 of the Malaysian constitution
The article 153 came into existence following the aspect of granting the leader, Yang di-Pertuan Agong, sole responsibility of safeguarding the Malays peculiar position (Verma, 2002, p. 97). This also includes the native who lives in the Sarawak and Sabah with the related community’s legitimate interests. The article specifies significant ways of carrying out the activities including the perspective of establishing public scholarship entry quotas, public education and civil service entry quotas. Article 153 gives the Malays exceptional privileges and rights since they belong to the Bumiputra group (Verma, 2002, p. 97). The government in Malaysia through the article also gives preferences to the companies of Bumiputra in the aspect of awarding out contracts. With the Malay, there are specially subdivided loans exclusively available. Under the article, some of the companies listed in the Kuala Lampur Stock exchange give 30 percent of ownership to the Malays (Bindloss & Brash 2008, p. 27). The special privileges that the article defines also led to the establishment of the Industrial Coordination Act of the year 1976. This necessitates the non-Malays companies to make an effort of having 30 percent of the Malay participation. The requirement has the element of threat of license revocation following cases of non-compliance (Verma, 2002, p. 97).
Summary of Chapters
1. The evolution of Article 153 of the Malaysian constitution: This chapter details the historical creation and functional scope of Article 153, focusing on the powers granted to the Yang di-Pertuan Agong to safeguard the special position of the Bumiputra.
2. The social, economic, and political necessity of Article 153 and the NEP: This section explores how Article 153 facilitated economic development and ethnic integration, while simultaneously creating communal tensions and undermining social cohesion.
3. Malaysia’s violation of both international and Syariah human right principles through the adoption of Article 153 and the New Economic Policy: This chapter analyzes how affirmative action policies and the NEP have contributed to racial disparities, educational imbalances, and the challenge of achieving national unity.
4. Malaysia’s violation of both international and Syariah human right principles through the adoption of Article 153: This concluding analysis evaluates the potential for misuse of absolute power and how the provisions of Article 153 may conflict with democratic human rights and principles of fair justice.
Keywords
Article 153, Malaysia, Constitution, Bumiputra, New Economic Policy, Affirmative Action, Ethnicity, Human Rights, Economic Redistribution, Social Inequality, National Unity, Discrimination, Inter-ethnic relations, Racial riots, Sovereignty.
Frequently Asked Questions
What is the primary focus of this work?
The paper explores the constitutional role of Article 153 in Malaysia and evaluates its socio-economic outcomes via the implementation of the New Economic Policy (NEP).
What are the central themes discussed in the text?
The central themes include the constitutional protection of Bumiputra rights, affirmative action, economic restructuring, inter-ethnic tensions, and the alignment of these policies with international human rights.
What is the main objective or research question of this paper?
The work aims to determine if the institutionalized privileges granted to the Bumiputra under Article 153 and the NEP promote national equity or perpetuate ethnic discrimination and social polarization.
Which scientific methodology is utilized?
The study utilizes a descriptive and analytical review of constitutional provisions, socio-economic policy records, and relevant literature to interpret the impact of state-mandated affirmative action.
What topics are covered in the main body?
The main body covers the history of Article 153, the economic justifications for the NEP, the role of education in social stratification, and the ongoing debate regarding the violation of international human rights principles.
What keywords characterize the study?
Key terms include Article 153, Bumiputra, New Economic Policy (NEP), Affirmative Action, Malaysia, Ethnic Inequality, and Human Rights.
How did the 1969 race riots influence the legislative landscape of Malaysia?
The riots served as a catalyst for the government to introduce radical economic reforms and reinforce the implementation of Article 153 as a means to ensure stability and address perceived economic imbalances.
How does the author evaluate the impact of affirmative action on the Malaysian education system?
The author argues that race-based university enrollment and scholarship quotas have led to lower quality outcomes and entrenched racism, potentially contravening international and Syariah human rights standards.
- Quote paper
- Kelly Adam (Author), 2010, Article 153 of Malaysia’s Constitution and the Human Right to Non-Discrimination, Munich, GRIN Verlag, https://www.grin.com/document/267616
