©The
Star (Used by permission)
Brave New World by Azmi Sharom
Since the recent general election, voices have risen up in a shrill warning cry
that the Malays are now ‘under threat’. But perhaps the real threat is the
threat to Umno hegemony.
AND so it begins. Race–based rhetoric has raised its ugly little head in
response to a democratic process. Over 49% of the people of Malaysia have voted
for parties that have rejected race–based affirmative action in favour of a
needs–based platform.
It did not take very long for voices, both common and royal, to rise up in a
shrill warning cry that the Malays are now “under threat”.
“Under threat” from what, may I ask? Let’s take a bit of time to look at this
so–called “threat”. Firstly, Malays are given special protection under Article
153 of the Constitution.
Article 153 is titled “Reservation of quotas in respect of services, permits,
etc, for Malays and natives of any of the States of Sabah and Sarawak”. Article
152 states that Malay is the National Language. The Supreme Head of the
Federation, according to Article 32, is the Yang di–Pertuan Agong, a Malay
ruler.
This is the foundation of Malay “special privileges”.
None of the Pakatan Rakyat component parties, including the DAP, have said
anything about removing Articles 153, 152 and 32. They remain safe and secure
with no sign whatsoever of any sort of threat.
Besides, in order to change it, you would need a two–thirds majority in the
lower and upper houses of Parliament plus the support of the Conference of
Rulers. The last time I checked, no one has a two–thirds majority in the Dewan
Rakyat.
Secondly, due to simple demographics, it is unlikely that a totally non–Malay
party is ever going to win absolute control of the government. Of the five state
governments in the hands of the Pakatan, four are led by a Malay Mentri Besar.
Penang is an exception, but Penang has been led by non–Malays since the 60s. Why
was there was no outcry before this?
Thirdly, the proposed doing–away with the NEP (or whatever it is called
nowadays), I suppose, can be seen as a threat to the Malays.
But how it can be a threat is beyond me, because the replacement suggested by
the Pakatan is not some sort of laissez–faire capitalist economy. Instead, it is
an economic system with affirmative action promised to those in need.
If the Malays are the largest group of people in Malaysia who are in the most
need, then they will get the most help. If they are not in the most need, then
why on earth do they need help then?
This is the point where I will get angry letters about how the NEP is needed;
because in the business world – the real world which I know nothing about
because I am just a lowly–academic trapped in my ivory tower – Malays are
discriminated against by the Chinese. So we need a policy like the NEP to
provide some balance.
I disagree.
If there are racist business policies being conducted against the Malays, then
you face it head on with anti–discrimination laws.
If some person feels he is being discriminated against, no matter what his race,
then let there be a law to help him, and let us punish the racists with a hefty
fine or jail term.
You do not meet racism with racism; you challenge it by destroying all traces of
it.
The problem with the NEP, as I see it, is that it breeds a mentality of
entitlement based on race and not merit. This mentality seeps into governance,
and it creates an atmosphere of mediocrity. One example of this is how the
Constitution has been disregarded in relation to employment issues.
The Federal Constitution states that you can set quotas at the entry points of
government services, for example, the civil service and public universities.
However, this is counter–balanced by Article 136 that says all federal employees
must be treated fairly regardless of race.
This means that once inside a service, everyone is to be treated equally based
on merit. In such a situation, only the cream will rise to the top.
However, since the introduction of the NEP, the practice in government services
has been to promote Malays mainly. This has in turn led to a drop in the number
of non–Malay actors in the service of the public.
Taking my profession for example, the closeted unrealistic world of academia, I
look down south and I see that 30% of the staff in the National University of
Singapore Law School are Malaysians.
How come these clever fellows who are good enough to teach in a university that
is among the top 20 in the world are not here in the land of their birth? Why
are the blinking Singaporeans enjoying our talent? Is it because that talent is
all non–Malay and they feel they have better opportunities there than here?
This is a complete waste, and in the end this loss of talent means a loss for
the university, the country and the people of this country, including the Malay
students who miss out on the best possible teachers.
Perhaps the real threat is the threat to Umno hegemony, in which case my answer
to that is this: clean up your act, live up to your promises and listen to what
the people are saying.
Make yourself electable by proving that you can create good government.
That is called democracy.
Dr Azmi Sharom is a law teacher. The views expressed here are entirely his
own.