Article 153's ultimate objective is equality, NGO schools Asyraf after UiTM speech

Pusat Komas today described the speech by Majlis Amanah Rakyat (Mara) chairperson Asyraf Wajdi Dusuki to Universiti Teknologi Mara (UiTM) students rejecting equality as contrary to the purpose of Article 153 of the Federal Constitution.

The human rights NGO said Article 153, which deals with bumiputera quotas, is an affirmative action policy with equality as its ultimate objective, not a right.

“Article 153 is essentially a measure to promote equity with the goal of achieving equality.

“The special position and privileges granted to the community concerned are due to the gap that has existed since colonial times, as Asyraf (above) himself acknowledged in his speech.

“Hence, it functions as an affirmative action policy aimed at narrowing the socio-economic gap, and is not a right,” it said in a statement today.

‘Safeguard privileges to maintain balance’

Last Sunday, Asyraf reportedly advised UiTM students not to be influenced by narratives of equality, which he said could weaken the bumiputera education agenda.

The Umno secretary-general wanted students to continue safeguarding the constitutional privileges allocated to the Malays and natives of Sabah and Sarawak to maintain balance in the country’s educational and economic development.

In a keynote lecture titled “Wacana Semarak Patriotisme: Seminar Ilmuwan Islam” at UiTM Shah Alam, Asyraf explained that Article 153 only refers to the Malays, not the bumiputera, because that term does not exist in the Constitution.

He said the Constitution instead recognises the position of the Malays and natives or indigenous people of Sabah and Sarawak, who enjoy privileges in the fields of public service, education, and economy.

‘Reid Commission shows Art 153 was to be temporary’

Meanwhile, Pusat Komas referred to Article 165 of the 1957 Reid Commission Report, upon which the drafting of the Federal Constitution was based.

The NGO said the article states that the Malays should be assured that their position would continue for a substantial period, but the privileges should be reduced and eventually cease so that no discrimination arises between races or communities.

“This shows that the privileges in Article 153 were not recommended to exist indefinitely, but rather to be amended based on need.

“Asyraf’s call for UiTM students to defend the provision for future generations is deemed to distort the original purpose of Article 153, while giving the impression that there is no end point to the socio-economic gap that the provision is supposed to address.”

Pusat Komas also said that characterising Article 153 as a right undermines the provision’s true nature and equality before the law as enshrined in Article 8 of the Constitution.

“When Article 153 is read in its entirety, which Pusat Komas noted Asyraf failed to mention, constitutional protections for the legitimate interests of other communities remain intact. Therefore, we urge anyone referencing Article 153 to read it as a whole,” the NGO said.

Pusat Komas also said Malaysia and its leaders have always supported equitable and fair treatment for marginalised groups around the world, including in Palestine, Syria, and Myanmar.

“Hence, prominent figures like Asyraf should refrain from continuing to promote distorted views on Article 153 within our own country.

“We hope that affirmative action measures provided by law are recognised and practised as tools for equity and not to further divide Malaysian society,” it said.

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