Although Article 153 of the Federal Constitution has been used to justify race-based affirmative action policies, the law does not prevent the government from making needs-based policies instead, said law lecturer Azmi Sharom.

Azmi said there is an element under the provision that provides for special privileges for Malays, which says any affirmative action should be “reasonable”.

“So, if it is reasonable, we must now start thinking about affirmative action along the terms of economic needs, instead of along the lines of ethnic divisions. I do not believe that there is nothing in the constitution to stop it.

“Article 153 is permission to act in a particular way that, on the surface of it, looks as though it is against Article 8.

“However, it does not actually prevent you from saying, ‘Look, we have moved on now. It is time to take a different approach’,” Azmi said.

Article 8 of the Federal Constitution provides guarantees of equality before the law and non-discrimination for Malaysians.

 

Azmi said this at a forum on national unity today in response to a question from a member of the audience on whether there are laws preventing needs-based policies from replacing race-based policies.

He replied that all that is needed is for Malaysian leaders to have the political will to decide it is time for Malaysia to move on from its race-based policies.