Great minds do not necessarily think alike when it comes to deciding whether or not the social contract should be revised in favour of greater equity among Malaysia's ethnic groups.

Meritocracy is ultra vires the constitution, pointed out Universiti Kebangsaan Malaysia (UKM) professor of social anthropology Dr Shamsul Amri Baharuddin.

Different views were expressed by Social Strategic Foundation executive director Dr Denison Jayasooria and Tamil Foundation exco member S Nagarajan.

Although all three had earlier called for the terms of the pact to be reaffirmed and fine-tuned to reflect new realities, Shamsul said he believes that studies on poverty have underscored the need to maintain affirmative action policies for the Malay majority.

"Since Article 153 exists (in the constitution), quotas for Malays must be adhered to. I agree that there is a critical need to re-examine the social contract in light of new realities," he said in an interview.

"But if change needs to happen, it should be to increase, not reduce, affirmative action for the Malays. It's the process of implementing the social contract, not the principle, that has to be renewed."

Article 153 provides for the King to ensure that a share of permits and licences are reserved for Malays and natives of Sabah and Sarawak, as well as positions in the public service, scholarships, and other similar educational or training privileges.

This is among provisions in the Federal Constitution that render the language, religion, education and economic concerns of the country's Malay majority as part of their 'special position'.

Malays 'worse off'

Shamsul, citing the research of the late UKM economics professor Ishak Shaari, said the average income of Malay households nationwide lags behind that of households of Indian and Chinese Malaysians.

"I don't have the statistics with me, but Ishak's work bears out the numbers. The Malay poor are in worse condition than in 1957," said Shamsul.

He said arguments today over the social contract and the granting of privileges to Malays are almost verbatim repetition of the discussions in the early 1950s between leaders of the three main ethnic groups.

"I look at the minutes of meetings held back then before the constitution was drawn up and the statements that various quarters are today expressing about the social contract. They're exactly the same," he said.

However, he conceded that the "shroud of mystery" thrown by the authorities over essential aspects of socio-economic development are a factor behind the constant re-hashing of arguments despite the passage of 48 years.

"There are a number of things which have not been publicly revealed although we know the Economic Planning Unit in the Prime Minister's Department would have them," said Shamsul.

"Such statistics pertain to income, ownership of assets and property, distribution of scholarships, statistics on education, and issuance of licences and permits. If only the government will reveal the allocation of these things, as it did with Approved Permits (for vehicle imports)."

Distortion of policies

Nagarajan disagreed that merely increasing the allotments for Malays would correct the remaining imbalances, saying that the situation was brought about by the ethnicisation and politicisation of the public sector in the first place.

Reaffirming the social contract would signify returning to a more cross-communal public policy as embodied in the New Economic Policy, which in its origins sought to erase the identification of race to sectors of the economy and eradication of poverty regardless of race.

"(Public policy) has been mobilised along ethnic and religious consciousness, and when that happened, sound social policies became distorted," said Nagarajan.

"Much of the civil service has become like that - ethnicised to a point where bureaucrats come up with all kinds of excuses not to give benefits to members of other groups despite their entitlement."

Even within the Malay-dominated public sector, affirmative action is distorted by the politicisation of policies whereby those who express opposition or even neutral views are sidelined from receiving their due benefits, he added.

Commenting on this, Jayasooria said the ethnicisation of the social contract should be corrected by implementing mechanisms to correct the distortions and bring about a more multi-ethnic public sector as envisioned originally by past leaders.

"We want the bumiputera community strengthened because, if the majority of the population don't have a large share of the economic cake, there will be discontent. This will be unsettling for all the communities. It is in the interests of the Chinese and Indian communities to make sure there is this balance in the things we are calling for," he said when contacted.

"However, the social contract now must show concern across the board for people who feel disadvantaged, marginalised or alienated. In short, help must be given to all who need it, not just one particular race."