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
- Article 153 of Malaysia's Constitution and the Human Right to Non-Discrimination
- The Evolution of Article 153 of the Malaysian Constitution
Objectives and Key Themes
This text aims to analyze Article 153 of the Malaysian constitution, examining its historical context, provisions, and impact on Malaysian society. It explores the tension between the article's affirmative action provisions and the human right to non-discrimination.
- The historical context of Article 153 and its origins in British colonial rule.
- The provisions of Article 153 and their impact on various sectors of Malaysian society.
- The debate surrounding Article 153 and its compatibility with principles of equality and non-discrimination.
- The social and political consequences of Article 153, including inter-ethnic relations and economic disparities.
- The ongoing relevance of Article 153 in contemporary Malaysia.
Chapter Summaries
Article 153 of Malaysia's Constitution and the Human Right to Non-Discrimination: This chapter provides a detailed overview of Article 153 of the Malaysian constitution, highlighting its historical context within the multi-ethnic and multi-religious society of Malaysia. It examines the article's provisions granting special rights and privileges to the Malay community and indigenous populations (Bumiputera). The chapter discusses the inherent tension between these special rights and the broader human right to non-discrimination, analyzing the social and political ramifications of these conflicting principles. The chapter explores the consequences of Article 153, including inter-ethnic tensions and economic disparities, particularly the resentment felt by the Chinese and Indian communities towards the preferential treatment afforded to the Malays. It further analyzes the government's justification for maintaining Article 153, often citing the need to address economic imbalances and prevent further inter-ethnic conflict. The chapter also delves into the legal and political mechanisms employed to protect Article 153 from scrutiny, including constitutional provisions and the Sedition Act.
The Evolution of Article 153 of the Malaysian Constitution: This chapter traces the evolution of Article 153 from its inception, highlighting the initial mandate given to the Yang di-Pertuan Agong to safeguard the interests of the Malays and other indigenous groups. It discusses how Article 153 has shaped various policies, including quotas in education, civil service, and government contracts, designed to promote the economic advancement of the Bumiputera community. The chapter also details the implementation of the New Economic Policy (NEP) in response to the 1969 racial riots, which aimed to reduce economic disparities among different ethnic groups. The chapter explores the controversies surrounding Article 153, specifically its perceived contribution to racial tensions and the ongoing debate regarding its repeal or amendment. It explores the arguments for and against the article, and how its continued existence is viewed as both necessary for national unity and a hindrance to equality. The chapter also touches upon the attempts to extend similar privileges to indigenous populations in Sabah and Sarawak following the formation of Malaysia in 1963.
Keywords
Article 153, Malaysian Constitution, Bumiputera, affirmative action, non-discrimination, racial equality, inter-ethnic relations, New Economic Policy (NEP), human rights, colonial legacy, Malaysian politics, special rights, constitutional law.
Frequently Asked Questions: Analysis of Article 153 of the Malaysian Constitution
What is the main focus of this text?
This text provides a comprehensive analysis of Article 153 of the Malaysian Constitution, focusing on its historical context, provisions, impact on Malaysian society, and the tension between its affirmative action measures and the human right to non-discrimination.
What topics are covered in the text?
The text covers the historical origins of Article 153 within the context of British colonial rule; its provisions and their impact on various sectors of Malaysian society; the debate surrounding its compatibility with principles of equality and non-discrimination; the social and political consequences, including inter-ethnic relations and economic disparities; and its ongoing relevance in contemporary Malaysia. It also details the evolution of the article, including the implementation of the New Economic Policy (NEP).
What are the key themes explored in the text?
Key themes include the historical context of Article 153, its provisions granting special rights to the Malay community and indigenous populations (Bumiputera), the conflict between these special rights and the human right to non-discrimination, the social and political consequences of Article 153 (including inter-ethnic tensions and economic disparities), and the ongoing debate surrounding its repeal or amendment.
What are the chapter summaries?
The chapter "Article 153 of Malaysia's Constitution and the Human Right to Non-Discrimination" provides a detailed overview of Article 153, highlighting its historical context and provisions. It analyzes the tension between special rights and the human right to non-discrimination, exploring the social and political ramifications. The chapter "The Evolution of Article 153 of the Malaysian Constitution" traces the article's development from its inception, highlighting its influence on various policies and the controversies surrounding it. It examines arguments for and against the article and discusses attempts to extend similar privileges to indigenous populations in Sabah and Sarawak.
What are the key words associated with this text?
Key words include Article 153, Malaysian Constitution, Bumiputera, affirmative action, non-discrimination, racial equality, inter-ethnic relations, New Economic Policy (NEP), human rights, colonial legacy, Malaysian politics, special rights, and constitutional law.
What is the overall objective of this analysis?
The objective is to provide a structured and professional analysis of Article 153, examining its historical context, provisions, and impact on Malaysian society, while specifically exploring the tension between affirmative action and the human right to non-discrimination.
- 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
