The Democratic Action Party is contemplating legal action against a local Malay daily, Utusan Malaysia , for an editorial which the party terms as "gross untruth" and an example of the "most irresponsible journalism to incite racial ill-will and antagonism in the country".

DAP chairman Lim Kit Siang said that the editorial today entitled "Suqiu continues DAP's struggles ( Suqiu melanjutkan perjuangan DAP ) implies that in supporting Suqiu, DAP challenges the entrenched constitutional position of Malay special rights.

"It is for this reason that we have referred the article to our lawyers to consider the options of criminal and, or civil action against the paper," Lim told malaysiakini when contacted in Penang today.

"The editorial is an example of the most irresponsible journalism to incite racial ill-will and antagonism in the country," he added.

Briefly, the Utusan Malaysia editorial states that it is not surprised that DAP supports Suqiu's demand because they (the demands) are synonymous with DAP's struggles and ideology.

The call to abolish the bumiputra and non-bumiputra distinction is similar to DAP's call for a Malaysian Malaysia, the editorial said.

It also challenged DAP's allies in BA - PAS, Keadilan and PRM - in that the Malay opposition parties cannot simply ignore DAP's support for Suqiu when rights of the Malays were threatened even in their own land.

Rightful owners

Referring to the recent Lunas by-election, the editorial alleged that the Malay opposition leaders "eyes are blurred" and they have been tricked because they desired power to the extent that they were willing to do anything including sacrificing the rights of their own race.

"The Malays are aware of the fundamental principle of the social contract in this country where the Chinese have been given citizenship status with the condition that they accept Malay special rights and the Malays as rightful owners of the land in this country," the editorial said.

The editorial added that because the opposition is surrounded by extreme hatred for the government, they are willing to sacrifice privileges which are enshrined in the constitution.

Suqiu, the Malaysian Chinese Organisation Elections Appeal Committee has created a controversy with its 17-point election appeal which allegedly question Malay special rights and the abolishment of the bumiputra and non-bumiputra distinction

The appeals were reported to have been endorsed by MCA, Gerakan, SUPP and Barisan Alternatif before the last general election.

In retaliation to the appeal, and after Prime Minister Mahathir Mohamad reiterated his Merdeka Day speech in Parliament likening the group's action to the communist and Al Ma'unah, the Federation of Peninsular Malay Student (GPMS) threatened to hold a 100,000 people rally to make their 100-point demand including one that insists that the Prime Minister's position be gazetted for Malays only.

Lim said that DAP had declared its support for Suqiu's 17-point demand because it does not violate entrenched constitutionally sensitive positions and is in line with Vision 2020 and the Bangsa Malaysia concept.

Objectionable

MCA President Dr. Ling Liong Sik yesterday openly called on Suqiu to withdraw several of its demands which were deemed "sensitive".

He said while about 98 percent of the 83 Suqiu demands were centred around human rights, housing, the environment and other universal values, there were those which touched on sensitive issues like "the rights of bumiputras which are enshrined in the Federal Constitution" which are "too sensitive and should not be openly discussed".

"This was not what he (Ling) had said on August 17 last year, when he publicly announced full endorsement of the appeals as universal principles accepted by all," said Lim, adding that after the Cabinet meeting of Sept. 22, 1999, he (Ling) announced that the Suqiu appeal had been "accepted in principle" by the Cabinet.

Apparently, Ling had made the announcement together with Gerakan president Lim Keng Yaik and SUPP deputy president Law Hieng Ding, said Lim.

"Why didn't Liong Sik, together with Keng Yaik and Hieng Ding, announce (on August 17 last year) that MCA, Gerakan and SUPP could only accept 98 per cent of the Suqiu demands and ask for the retraction of the 'objectionable' 2 percent as being too 'sensitive' and even unconstitutional?" Lim asked.

He challenged that if it were true that the Suqiu appeal contained demands which are "sensitive" in that they violate entrenched constitutional rights, which makes them an offence under the Sedition Act, then such matters could not even be discussed within "closed doors" as a person who called for the abolition of Malay special rights would have committed the offence of sedition whether he made it the open or at a closed-door meeting.

Lim clarified the call for the abolition of the distinction of Malaysians into bumiputra and non-bumiputra is not aimed at challenging and removing the entrenched constitutional position of Malay special rights.

He said that the call is to take into account Vision 2020 and the Bangsa Malaysia concept, where all Malaysians born and bred in the country should be regarded as one common people, all sons and daughters of the soil in the 21st century-Malaysia within the context of existing constitutional provisions.