Special Position of Malays and the Bumiputera Sabah and Sarawak Special position of Malays and the Bumiputera Sabah and Sarawak also be touched in Article Rational 153. These privileges include position in public service, scholarship, education, business and other special facilities are provided. However, it also protects othes races, there is responsible of YDPA to protect their right valid in accordance with other provisions. At the same time, these privileges cannot be implemnted if causes lost of any public position that held by someome or withdrawal any scholarship or privileges enjoyed by others communties or dismantling or teminating permit license held by someone.
Others special position of Malays including provisions of Article 86 and 90 that related to the Malay reserve land so that the reserve land is protected from the non-Malay.
Who is Malay ?
In Constitution of Malaysia, the characteristics of Malay are typically speak in Malay, embrace Islam and adpot Malay customs while Bumiputera in Sarawak are consists of any one of the “Asli” race, that is Bukitan, Bidayuh, Dusun, Dayak Laut, Dayak Darat, Kadayan, Kalabit, Kayan, Kenyah, Kajang, Lugat, Lisum, Melayu, Melanau, Murut, Penan, Sian, Tagal, Tabun and Ukit or mixed descent from above and those who born in Sabah and someone from “Kaum Asli Sabah” are known as Bumiputera in Sabah.
Rational Article 153
The main matters that should be appreciated during formulation of Constitution Malaysia are spirit of understanding, accommodative, power sharing and ready to sacrifice among Malay and the non-Malay. As a citizen of Malaysia, we have to appreciate this situation because Constitution of Malaysia is the highest level of law and it acts as a reference to everyone.
There are some suggestions has been agreed when the formulation of Constitution Malaysia is progressing. During processing, spiritual of accommodative is occurred among the Malay and the non-Malay and it is called as “social contract”. As an example, Malays loosen the rules of the citizenship to non-Malay and non-Malays accept the fact of special position of Malays. On that time, Malays accept principle of “jus soli”, that is grants the citizenship to non-Malays ethnic who are born before and after independent day. More than 800,000 non-Malays get the citizenship after implemention of this principle. Table 1.1: The number of Non-Malays who become a citizen by Registration Year
| Number of non-Malays
1957(31 August – 31 December 1957)
Source: Derived from Mohd Suffian Hashim, 1987: Mengenal Perlembagaan Malaysia, Kuala Lumpur, DBP For a democracy country, citizenship is valuable for each citizen. It is because they entitled to vote in every election to determine the government. In the Article 153 of the Federal Constitution, privileges of Malay includes position in the public services , scholarship, education, business and others special facilities. Articles 153 cannot be revised, changed or stripped without permission from Majlis Raja-raja Melayu. Public Services
In the Article 153 of the Federal Constitution, responsible of the YDPA(Yang Di-Pertuan Agong) is determine the reserve for the Malay and Bumiputera Sabah and Sarawak with provides the number of position in the public services. And YDPA is not allowed to strip any position of public service that hold by a Malay or non-Malay. There is a reasonable rational for a reserve for Malays and Bumiputera Sabah and Sarawak in the rate of federal service. It is because there is few number of Malays service with government during the colonial and early Independence. Table 1.2: First Phase Officer in the Government Service on 1 November 1968 Service
Service of the Administrator
professional of architect, engineering and officer
| Medical and health officer
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