In July, 2005 he said, "Bumiputera privileges must end"
He said it once again in 2023, "Being Malay should not be a reason to deny others their rights under the Federal Constitution"
What is Article 153? Article 153 does not mention "bumiputera". In fact, there is not a single mention of "bumiputera" in the whole of the constitution. It is believed, the word "bumiputera" was first coined by the late Tun Razak around 1970 when he launched the New Economic Policy (NEP). The term is derived from the Sanskrit which was later absorbed into the classical Malay word bhumiputra. Bumi means soil, earth etc while putera means prince or son; Bumiputera translated into English simply means "sons of the soil".
In Indonesia, this term is known as "Pribumi". It differentiates indigenous people from citizens of foreign descent, especially Chinese Indonesians. When B J Habibie became president in 1998 he decreed the words "pribumi" and "non-pribumi" could not be used since it promoted discrimination.
Incidentally, the NEP did not come from Tun Razak himself. Many credited it to the late Norwegian political economist, Just Faaland. For this he was bestowed with a Tan Sri.
Article 153 is about privileges for the Malays and it was amended in 1971 to include natives of Sabah and Sarawak.
A Short Introduction To Malaysian Constitution And Article 153
Before Malayan Union, Malaysia as we are known right now, were separated into different entities: The Straits Settlement consisted of Penang, Province Wellesley, Malacca, Singapore, Labuan, Cocos Island and Christmas Island; Federated Malay States made up of Negeri Sembilan, Pahang, Perak and Selangor and the Unfederated Malay States made up of Johor, Kedah, Kelantan, Trengganu and Perlis. Both Cocos Island and Christmas Island are now part of Australia. The first effort to cobble these separate entities together under a single constitution was through Malayan Union. It never materialised and was replaced by Malaya Agreement in 1948, an agreement that made various states into one known as Federation of Malaya with its own constitution.
Before Malaysia gained independence in 1957, a commission known as The Reid Commission was established to make recommendations for a new constitution. It was made up of Lord Reid, a British judge and four others. One of the terms of reference for the commission was to establish safeguards for the special position of the Malays and the legitimate interest of other communities. Malay privileges are therefore not something new, it was discussed and agreed before Merdeka. That is how Article 153, in simple terms, came into being.
But who is a Malay? Article 160 defines a Malay as a person who professes the religion of Islam, habitually speaks the Malay language, conforms to Malay custom.
Rarely discussed is another Malay privilege known as Malay Reserve Land. Since lands are state matters, each state has its own enactment on Malay Reserve Land. The state law for Malay Reserve Land was first enacted in 1913 for Federated Malay States. Originally, there were 3 million hectares of Malay Reserve Land but after Merdeka the size has diminished considerably probably to half of its original size, lost mostly through land acquisition.
Article 153 In Brief
Reservation of quotas in respect of services, permits, etc., for Malays and natives of any of the States of Sabah and Sarawak
153 (1) It shall be the responsibility of the Yang di-Pertuan Agong 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 in accordance with the provisions of this Article.
153 (2) Notwithstanding anything in this Constitution, but subject to the provisions of Article 40 and of this Article, the Yang di-Pertuan Agong shall exercise his functions under this Constitution and federal law in such manner as may be necessary to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and to ensure the reservation for Malays and natives of any of the States of Sabah and Sarawak of such proportion as he may deem reasonable of positions in the public service (other than the public service of a State) and of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the Federal Government and, when any permit or licence for the operation of any trade or business is required by federal law, then, subject to the provisions of that law and this Article, of such permits and licences.
153 (3) The Yang di-Pertuan Agong may, in order to ensure in accordance with Clause (2) the reservation to Malays and natives of any of the States of Sabah and Sarawak of positions in the public service and of scholarships, exhibitions and other educational or training privileges or special facilities, give such general directions as may be required for that purpose to any Commission to which Part X applies or to any authority charged with responsibility for the grant of such scholarships, exhibitions or other educational or training privileges or special facilities; and the Commission or authority shall duly comply with the directions.
To read full Article 153 and 160, DOWNLOAD THE FEDERAL CONSTITUTION
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