Constitutional provisions on Malay rights, land, promote discrimination, study suggests

By Clara Chooi
Assistant News Editor
November 14, 2012

KUALA LUMPUR, Nov 14 — Malaysia should repeal or amend two constitutional provisions protecting the special rights and land of the Malays to avoid discrimination on the basis of race or ethnicity, according to a UK-based study on discrimination and equality in the country.

The four-part study, jointly conducted by international charity organisation Equal Rights Trust (ERT) and Malaysian rights group Tenaganita, said the existence of Articles 89 and 153 of the Federal Constitution were among the strongest causes behind racial discrimination in Malaysia as both had purportedly failed to meet the original intention for positive action.

Instead, the provisions had “violated international law standards”, it was said in the executive summary of the “Washing the Tigers: Addressing Discrimination and Inequality in Malaysia” study published on the ERT’s website late Monday.

“The positive action measures under these provisions are not time-limited or function-limited.

“The permanent privilege enjoyed by the Malays and the natives of Sabah and Sarawak therefore appears to maintain unequal and separate standards, on the ground of race, in conflict with the constitutional prohibition of discrimination,” the summary said.

Article 153 of the Constitution of Malaysia grants the Yang di-Pertuan Agong responsibility “to safeguard the special position of the ‘Malays’ and natives of any of the states of Sabah and Sarawak and the legitimate interests of other communities”. The provision also goes on to specify ways to do this, such as establishing quotas for entry into the civil service, public scholarships and public education.

It is among the most controversial provisions in Malaysian law with critics often arguing against the necessity of a race-based distinction between Malaysians of different ethnic identities.

While right-wing Malay groups and political hardliners have used the provision to argue the need for the continuation of affirmative-action policies, opposition politicians have accused the ruling government of wielding it as a “weapon of aggression”.

But the ERT report said the provisions were among other legislation in Malaysia that it found to be either directly or indirectly discriminatory in nature, adding that the country has a human rights obligation to respect an individual’s right to be free from discrimination.

“Malaysia is urged to undertake a review of all federal and state legislation and policies in order to (i) assess compatibility with the right to equality; and (ii) amend, and where necessary, abolish existing laws, regulations, and policies that conflict or are incompatible with the right to equality.

“This process should include the repeal of all discriminatory laws, provisions and policies. In particular, the following discriminatory provisions should be repealed or amended to remove discriminatory elements,” the study said, before listing Articles 5(4), 8(2), 9, 10, 11, 12(1), 14, 15, 24, 26, 89, 153 and 161 of the Federal Constitution.

According to the study, the provisions discriminate against individuals on the grounds of residence, political opinion, religion, gender, race and ethnicity.

As an example, the report said that Article 10 of the Constitution, which outlines freedom of speech, assembly and association, is discriminatory on the grounds of political opinion by setting out exceptions and conditions aimed at restricting the activities of political opponents to the government.

“The picture of inequalities in Malaysia would be strongly distorted without an understanding of discrimination based on political opinion.

“The main patterns of politically-based discrimination are related to voting rights and other political participation rights, arbitrary detention on political grounds, freedom of association and assembly, and freedom of expression,” the report said.

Full article in its original form: Constitutional provisions on Malay rights, land, promote discrimination, study suggests

Equally Corrupt

Each time there is a by-election, BN/UMNO will bring in lots of money there in the name of development and donations to help spur local economy.

Each time there is a by-election, Malaysia DPM will be visiting the constituency and telling jokes.

Each time the DPM open his mouth and tells jokes, he sure spills funny beans... often the beans are seeds of hatred.

This time, the topic is about equality in BN alliance.

Errr... anyone still remember about the choosing of BN candidate for P094 Hulu Selangor by-election?

Remember the DPM override the choice of the entire MIC party?

Ok, perhaps that is UMNO's definition on EQUALITY.

By inference, you should be able to guess its definition on democracy.

DPM: All are equal in Barisan

SIBU: All Barisan Nasional parties, including those from Sarawak, are equal partners who practise power-sharing, said Deputy Prime Minister Tan Sri Muhyiddin Yassin.

“We are brothers, equals in Barisan. They (the Opposition) like to say that Umno is the big bully in the BN but this is not true. It's a big lie to say that Umno bullies other component parties.” he told reporters after a dialogue with teachers and parents at SK Agama Sibu here Monday.

He said just because Umno had more seats in parliament compared to other component parties, it did not mean that the party would sideline their coalition partners.

On calls to raise the oil royalty for Sarawak, Muhyiddin said the Opposition was playing up the issue for political mileage in this Sunday's by-election.

“I have asked the state leaders if the oil royalty was an issue, they said no because the oil royalty is as stated in the constitution,” he said.

One of DAP's seven-point manifesto for the Sibu by-election was to increase Sarawak's oil royalties 5% to 20% if the party and Pakatan Rakyat became the government at the federal level.

Muhyiddin, who is Education Minister, said Pakatan could never be a sustainable government like Barisan because parties within the Opposition alliance had different political ideologies.

In Barisan, he said all parties helped each other and shared a common aspiration to better the nation.

“Pakatan is not sustainable. It's very shaky and the leader, Datuk Seri Anwar Ibrahim, is having a lot of personal problems and court cases,” he pointed out.

Originally posted in TheStarOnline:

DPM: All are equal in Barisan

Hulu Selangor P94

Dust settled... result was in.

The corrupt won the battle by spending huge amount on Malaysian's tax money, YET they have nothing to be proud of. They know it well, and the cost of their win (so they called it victory) is enormous.

PR supporters and comrades,

Don't lose hope. You lost a battle, not the war.

You have countless of battles to fight on, and the next one -- Sibu.

And, the next one, next one, next one...

With all your persistence and courage, we will win the war!

Breaking Views

Hulu Selangor — Anwar Ibrahim

APRIL 26 — I thank the workers and volunteers from Pakatan Rakyat including our friends in DAP and PAS who supported our candidate in Hulu Selangor, Datuk Zaid Ibrahim.

Tens of thousands of Malaysians joined us to show the people of Hulu Selangor that Pakatan Rakyat is committed to a Malaysia where all of its citizens have the right to peace, justice, and prosperity. I am thankful for the tremendous support you have shown.

Your commitment to change is commendable.

One setback shall not divert us from our goal. Any change worth making is hard and will be fought at every turn. While it doesn’t take away the sting of this loss, there is no road to real change without setbacks along the way.

Over RM100 million was spent by BN to win a thin majority in Hulu Selangor: that amounts to RM65,000 per person. Dozens of ministers campaigned every day; the Election Commission appears guilty once again of violating its mandate to ensure fair elections; and the police intimidated our supporters and there are reports that they even prevented some voters from reaching the polling stations.

This means that Barisan Nasional has learned nothing since the March 2008 election. Character assassination, racism, bribery and brute force may help to win one or two by-elections. But the people of Malaysia will not be deceived.

Our country still faces the same challenges which cannot be resolved by dirty politics or a few catchy slogans. The economy is lagging, jobs are scarce and our education system remains mediocre at best.

We must do more to address the plight of the poor and marginalised people throughout Malaysia. And we must bring credibility back to the Federal government as we have started to do in the Pakatan States.

We increased our popular support in Hulu Selangor. We know we have to do more to reach out to our supporters in the rural heartland, particularly the Felda settlements. I am committed to this challenge and my resolve is unwavering.

Let us look ahead to the next contest and work to bring change to Sarawak.

* Datuk Seri Anwar Ibrahim is the de facto leader of PKR and is MP for Permatang Pauh.

* This is the personal opinion of the writer or publication. The Malaysian Insider does not endorse the view unless specified.

Article adopted from TheMalaysianInsider: Hulu Selangor — Anwar Ibrahim

Licking up!

Shit! What is this fella doing? He's licking up!

“Kiss his hand? When did I kiss his hand? Show me where I did that,” he exclaimed, looking miffed when asked at an unplanned press conference in Ladang Kerling near here.

Errr... What are you doing here in this photo then?

Or... may be he was not kissing... but licking!

“I have been in the MIC for 26 years. I am not someone new in the system. I know what needs to be done,” he firmly said.

Oh Yes! He knows exactly how to kiss and suck up to be an obedient lapdog.

And can you readers see the difference of the two photos above?

So, how can you support and vote for someone who did all these?

• defended the ultra racist PERKASA, [which against 1Malaysia]
• licked the hand of "Malay 1st, Malaysian 2nd" DPM, and [which against 1Malaysia]
• betrayed his own community [also against 1Malaysia]

More info please read here:

TMI: Kamalanathan loses cool over criticisms

The Chinese Lapdogs

How a lap dog show their acts when squeezed by their master?

But it is even shameful to compare these people to dogs, as dogs are cute animals. Though Muslims shun dogs, but that is different.

Here you witness yet again, how the Chinese MCA leaders continue to kiss and suck up to their puppet master just to get some spilled crumbs... hoping to be UMNO's super-cronies. Pathetic!

""It's not easy for us. Every time we enter a new village, we got scolded. Therefore, we have to improve our strategy by getting more leaders from the MCA divisions throughout the country to help us," said a grassroot leader."

Do they even realise why they get scolded?

""We have not received much support from the Chinese community, but with the 1Malaysia and other policies introduced by the PM, we hope to change their feelings. There are small groups among the Chinese community who are backing the PM and we hope these groups will grow bigger by polling day," Liow said."

Hello! MCA is no longer relevant to your Chinese folks. And what is 1Malaysia? "Malay First, Malaysian Second"

"Besides organising dinners, they have alo engaged the Chinese voters through what they term as "sembang petang" (evening chats) with small groups of about 15 to 20 voters in the Chinese new villages. "

They still think the voters are dummies that giving out some candies and sweets, they can charm the voters into submission?

"MCA deputy president Datuk Seri Liow Tiong Lai said national as well as local leaders would meet them to explain the government's policies, the 1Malaysia spirit and the need to speed up the implementation of fairer policies by Najib."

Ha ha... and where is your celebrity Porn Star President? Why is he not showing his face?

BUT, the crucial question remains... while MCA claimed to support the removal of ISA and UMNO determined to keep it, so why MCA continues to suck up to UMNO?

It must be like MIC, where UMNO is the master who decides on MIC candidates.

Read more here:

Bernama: All-Out Battle For Chinese Votes

Sucker at Work

An Indian now defending the racist PERKASA?

It is very sad to hear that an Indian candidate (from MIC) who is sucking up to the powerful.

And it is probably of his action, he gets the nomination from the ultra UMNO to be BN candidate for Hulu Selangor seat.

MIC and Samy Vellu failed miserably in defending their own choice of candidate (even with an Ultimatum to DPM Muhyiddin), with UMNO playing hardball in the choosing. So much for the equal partnership in BN coalition.

Malaysian Indians have been marginalised by UMNO for over half century, and will continue to be with Indians who sell their souls.

"Kamal’s defence of this ultra movement is untenable but not unexpected as after all, this is a candidate who said that he would “take back the federal seat and deliver it to Prime Minister Najib Razak as gift for his first year in office.” Like a housecat dragging in an offering of a captured mouse.

Written by Helen Ang, CPI"

(MT: Why MIC Hulu S'gor candidate defends Perkasa)

"There is dissatisfaction on the ground because Datuk G. Palanivel was not chosen to contest the Hulu Selangor by-election, MIC president Datuk Seri S. Samy Vellu admitted today."

(TMI: Samy Vellu admits some in MIC Hulu Selangor unhappy )

Read more from:

MalaysiaToday: Why MIC Hulu S'gor candidate defends Perkasa

TheMalaysianInsider: Kamalanathan: I am the dog

TheMalaysianInsider: Independent claims Samy played favouritism with Kamalanathan

TheMalaysianInsider: Samy Vellu admits some in MIC Hulu Selangor unhappy

Hold Your Hourse

Make sense?

Sounds right as witnessed all these while what the UMNO "grassroots" had done in discrediting those not in sync with their top brass. You be the judge.

"As the shootout for Hulu Selangor draws near, the dirty campaign of UMNO has begun in full swing. Predictably, UMNO are not focusing on the issues of the rakyat. UMNO are focused on the only thing they know, and that is: to spread lies and misinformation."

"On the 16th of October 2004, I was charged for money politics. I found this charge to be utterly ridiculous, because I won the seat uncontested. There was no opponent. So, how could I be charged for money politics, when there is no contest? But within UMNO, I guess anything is possible."

Read in full here: Hold Your Horses, Mr Muhyiddin

Picture credit: borrowed from MailOnline