Tuesday, July 13, 2010

Scholarships — Perkasa demand unconstitutional

JULY 14 — The Malaysian Insider quoted MPM committee member Professor Datuk Dr Kamarudin Kachar as saying that federal scholarships should be allocated in accordance with the country’s racial ratio.

As we all know, MPM stands for “Majlis Perundingan Melayu” or the Malay Consultative Council. It is driven by the ultra-Malay group, Perkasa, led by Datuk Ibrahim Ali, and finds support from luminaries such as Tun Dr Mahathir Mohamad.

While Datuk Seri Nazri Aziz yesterday insisted that we all should get rid of Perkasa — “because Perkasa is not in line with Datuk Seri Najib (Razak’s) 1 Malaysia concept,” and “we (are) against any form of racism and Perkasa certainly doesn’t belong or [is] supported by Umno,” — the deputy prime minister and some other ministers have often said that Perkasa was entitled to voice its opinion on matters affecting Malay rights.

Meanwhile, Prime Minister Datuk Seri Najib Razak had refused to be associated with Perkasa by declining to attend its gathering at the PWTC some months ago. However, his tacit approval of Perkasa and what it stands for is well perceived upon his refusal to openly state that Perkasa runs counter to his 1 Malaysia concept.

In fact, the prime minister’s posturing on his New Economic Model, which saw him broach the subject of transparency and meritocracy in the awards of government contracts, only to later announce that he would not betray the interests of the Malays after Perkasa had raised its usual Malay rights rants a couple of decibels upwards, lends credence to the perception that he, at the very least, is conscious of Perkasa’s influence among the conservative Malays, even if not wholly in agreement with it.

In the Umno Youth chief, Khairy Jamaluddin, Nazri finds an unlikely ally. Khairy has openly criticised Perkasa and its leader, Ibrahim Ali, whom he (Khairy) described as a “jaguh kampung” (village champion).

Ibrahim responded by asking Khairy to resign from his post as the Umno Youth chief.

The fact that Nazri has said that Perkasa should be gotten rid of came as no surprise as the latter’s connection with Dr Mahathir is not very well hidden. And Nazri’s disdain for anything Dr Mahathir is also quite obvious. In addition, Khairy Jamaluddin is also not exactly in love with Dr Mahathir. The feeling is mutual, I must hasten to add.

As I am writing this article, Ibrahim Ali has responded to Nazri’s call by saying that it was Nazri who should instead be gotten rid of.

Elsewhere, the deputy prime minister had ventured into really murky territory by saying that all can form their own “Perkasa.”

Since the inception of Perkasa and the rise of Ibrahim Ali as the leader of this self-styled Malay pressure group, I have found Perkasa — and it’s various offshoots, such as Gertak, Pekida, Pewaris and MPM — to be nothing but political gimmickry entirely lacking in any form of substantive intellect.

And to think that there is someone in MCA who had suggested that the Chinese should have its own Perkasa is nothing short of comedic. What will the Chinese version of Perkasa be named, PerkaChua?

That Perkasa lacks intellectual credibility is obvious from Ibrahim Ali’s call for Khairy Jamaluddin to resign and for Nazri to be gotten rid of. Why must KJ resign or Nazri be sacked? Just because they disagree with Ibrahim Ali?

This is endemic among Malaysians who are quite obviously less endowed in the cranium, I must say. When one can not rebut what one’s opponent is saying, one attacks the opponent. If no credible attack could be mounted, one calls for his or her resignation. Whatever for? Would the opponent resign just because of that call?

Personally, I do not for a moment believe the government in general, and Umno in particular, to be in such a chaotic state over Perkasa. I really do not believe that the various personalities in Umno are at odds over Perkasa.

To me, it is a balancing act. Someone has to pacify the non-Malays, and someone else within the same organisation has to pacify the conservative Malay. Hence, the seemingly inconsistent stands on Perkasa from different personalities within Umno.

Whatever it is, Perkasa has been allowed to raise a number of issues with the government. It has, for example, raised issues about the meritocracy plan under the New Economic Model. It has even managed to scream over the Bank Negara’s refusal to disallow Affin Bank to make an offer to take over EON Bank.

And yesterday, through MPM, it demanded that federal scholarships be distributed in accordance with the racial ratio. The rationale for that is explained as follows:

“The Malay population of this country is 67 per cent. That means 67 per cent of scholarships should be set aside for deserving Malays and Bumiputeras,” says MPM committee member Professor Datuk Dr Kamarudin Kachar (as quoted by The Malaysian Insider).

I do not know whether the Malay population in Malaysia consists of 67 per cent of the whole population. That apart, the simplistic approach taken by the good Professor is alarming, to say the least.

What if, out of the 67 per cent, the families of 25 per cent of the Malays could more than afford to send their children to any university, thereby negating any necessity for scholarships?

What if the government decides to impose taxes based on the racial ratio, arguing that since the Malays form 67 per cent of Malaysia’s total population, Malays should pay more taxes as all public utilities and amenities are obviously used more by the Malays than other races?

The eradication of poverty, emancipation and empowerment of the people of this country, intellectually and politically, is a must if we are serious in achieving the goal of being a developed nation by 2020 or at all.

I, for one, am not going to deny the necessity for affirmative action, if that is what it takes to raise the economic status of a certain section of our society, be it the Malays or any other race.

The fact that there are special positions enjoyed by the Malays and the natives of Sabah and Sarawak is also undeniable and unquestionable. And I am not questioning them.

But what are those special positions? How are they “protected”? Is the mechanism for this so called “protection” left to our whims and fancies?

Article 153 of the Federal Constitution lays out the answer. But we do not seem to want to analyse it, let alone understand and implement it wholeheartedly.

Quite to the contrary, we seem hell-bent on twisting its purview and purports, taking away the spirit of the provision from its implementation, thereby making a mockery of the all the good intentions of our forefathers, who fought for independence and negotiated the inclusion of the provisions into our supreme law, the Federal Constitution.

This is what it says:

“Notwithstanding anything in this Constitution, but subject to the provisions of Article 40 and of this Article, the Yang di-Pertuan Agong shall exercise his functions under this Constitution and federal law in such manner as may be necessary to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and to ensure the reservation for Malays and natives of any of the States of Sabah and Sarawak of such proportion as he may deem reasonable of positions in the public service (other than the public service of a State) and of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the Federal Government and, when any permit or licence for the operation of any trade or business is required by federal law, then, subject to the provisions of that law and this Article, of such permits and licences.”

Allow me to break the provision up for better clarity. Broken to its core, article 153 provides as follows:

a) The Yang di-Pertuan Agong shall exercise his functions under this Constitution and federal law in such manner as may be necessary to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak;

b) His Royal Highness shall ensure the reservation for Malays and natives of any of the States of Sabah and Sarawak of such proportion as he may deem reasonable of the followings:

- positions in the public service;

- scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the Federal Government;

- any permit or licence for the operation of any trade or business as required by federal law.

The crux of article 153 is not the racial ratio. It is “reasonableness”.

The question is therefore not one of numerical superiority. Nor is it racial superiority. Or even “ketuanan”.

Article 153 posits the existence of an executive responsibility. That responsibility is to ensure that the provision is implemented as reasonableness demands. It is therefore a highly visionary provision.

I say “visionary” because we cannot discount a time in the future where “reasonableness” dictates that no reservation of the various matters spelt out above should be made for the Malays and/or the natives of Sabah and/or Sarawak.

If we could not discount that possibility, then we would have failed miserably as a nation. To think that the Malays and natives of Sabah and/or Sarawak would need various positions to be reserved for them in eternity, out of social or political necessity, is an admission on our part that we would never be able to alleviate poverty and social as well as economics imbalance among the Malays and the natives forever and ever.

In that instance, are we, as a people and as a nation, not ashamed of ourselves?

The correct question to be asked, in respect of the distribution of the federal scholarship, is then not a numerical one. It is this.

How many federal scholarships (scholarships given by states government do not come within the purview of Article 153) should be reserved for the Malays and natives of Sabah and Sarawak as would be reasonable?

Surely, the concept of reasonableness would entail a careful and deep analysis of needs and necessity of the Malays and natives for such scholarship as compared to the other races. Surely, it would entail a careful study of the academic achievements of the Malays and natives as compared to the other races. Surely it would entail a certain set of guidelines and criteria for selection of qualified students.

I may be wrong on the above. But what I am dead sure about is this.

I am sure that Article 153 does not provide for:

“All federal scholarships, positions in civil service, business licences and permits shall be reserved, firstly, for the Malays, secondly, for the natives of Sabah and Sarawak and the remaining, if any, for the other races.”

I am also sure that Article 153 does not posit the distribution of federal scholarships in accordance with numerical superiority.

Perkasa’s demand, through MPM, for federal scholarships to be distributed in accordance with the racial makeup of our country is not only incongruous with the concept of 1 Malaysia, but is also repugnant against the Federal Constitution, both in its letters and spirit. - Columnist Art Harun.

What do you think?

KUALA LUMPUR, July 13 — Tan Sri Muhyiddin Yassin said today that anyone was free to form an association, including Chinese or Indian versions of the Malay rights group, Perkasa.

“We can have Chinese Perkasa and even Indian Perkasa,” he said today.

He said that it was an individual’s right to form an association and it was acceptable as long as it was formed with good intentions.

“The government does not stop anyone from forming a body,” he told reporters after officiating the second Asean School Games at Kuala Lumpur Football Stadium today.

Muhyiddin was responding to reports quoting MCA vice president Datuk Donald Lim as suggesting the formation of a “Chinese Perkasa” in response to the Malay rights group’s strident rhetoric and race-based demands.

Perkasa has grown from a one-man cause to include thousands of Malays who feel disaffected by proposed economic reforms that Prime Minister Datuk Seri Najib Razak wants to use to turn Malaysia into a high-income nation for a plural society.

It has managed to influence Najib into continuing with an affirmative action policy for Bumiputeras, despite having signalled that his New Economic Model (NEM) is for all Malaysians, under his 1 Malaysia concept.

Ibrahim has used Perkasa to form an umbrella body called the Malay Consultative Council (MPM) and has received the support of former prime minister Tun Dr Mahathir Mohamad.

Perkasa’s demands for what it says are Malay rights has caused unease among some non-Malays, as well as moderate and liberal Malays who see the group as racist.

Muhyiddin said today Perkasa was not funded by Umno, but by independent Pasir Mas MP Ibrahim Ali, who “might want to fight for Malay rights”.

He said that when forming an organisation, individuals must take into account the country’s best interests.

“An organisation cannot be formed to attack one another. It must have a common interest which appeals to the majority of people” he stressed.

MCA leaders yesterday distanced themselves from Lim’s suggestion, pointing out that it was his personal view.

Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz has called Lim’s suggestion “ridiculous,” saying a Chinese Perkasa would only fan racial tension.

He said earlier today that Lim’s call also did not gel with Najib’s 1 Malaysia concept. Malaysiakini.com -

Monday, July 12, 2010

Inter Faith Dialog - A Joke

The Federal government in the face of rising religious tensions stemming from various widely reported cases in Malaysia decided to set up a inter faith council for a dialog to overcome issues. However, the panel hit a snag when the Deputy Prime Minister Muhyiddin famously quoted them as small fries with no influence publicly. Thereafter, the panel was hit by various stumbling blocks.

As the Najib administration scrambles to revive inter-faith talks that began earlier this year, Malaysia’s multi-religious leaders are refusing to budge until the panel’s name is finalised.

The Cabinet’s Special Committee to Promote Inter-Religious Harmony and Understanding (SCPIRHU) slammed into a brick wall soon after its inaugural meet, after several Muslim groups and muftis baulked at the inclusion of the term “inter-religious”.

Minister in the Prime Minister’s Department, Tan Sri Koh Tsu Koon, and the Cabinet committee’s appointed co-ordinator, Datuk Ilani Isahak, have been working behind the scenes quietly persuading religious leaders to head back to the table.

No dates have been scheduled yet to continue the discussions but Ilani had disclosed earlier this week, in an interview with an English-language daily, her hope to restart talks this month.

The council of muftis had unanimously voted for a name change to the panel at a meeting on April 3, claiming the present name would cause confusion among Malaysian Muslims.

They proposed that the panel should be renamed the “Special Committee to Promote Inter-Racial Harmony and Understanding”.

They also wanted the panel — currently under the care of the National Unity and Integration Department (NUID) led by Koh — to be supervised by Datuk Seri Jamil Khir Baharom, the minister in charge of Islamic religious affairs.

The Hindu Sangam indicated to The Malaysian Insider it had no issue with a name change, but could not agree to the muftis’ suggestion.

“The Hindu Sangam is always ready for talks. We’re willing to talk to anyone from any religion,” said its president, Mohan Shan.

“But before that, they must finalise the name to call the committee. If they want to call it ‘jawatankuasa kaum’ (race committee) then we’re not the right people; we’re religious,” he stressed, drawing a distinct line between the two concepts.

“We don’t know what we’re going to talk [about] and how we’re going to talk about sensitive issues if even the name is a problem,” Mohan pointed out.

His deputy, Dr Bala Tharmalingam, hinted that the uneasiness over the present name may be confined to only the Muslim community. The non-Muslims were, he noted, were baffled.

“I don’t know-lah. They have their own way of thinking. I don’t know what is stopping them… Maybe the Muslim groups feel the supremacy of Islam will be threatened,” he mused.

“Even if they’re supreme, they should co-operate towards religious peace and harmony anyway,” he added, explaining that the whole purpose of the Cabinet panel was to find amicable solutions to the growing number of inter-faith disputes confronting the public.

“If the name is the problem, then change the name. Maybe ‘Religious co-operation towards peace and harmony’ or something like that,” Dr Bala offered.

The Malaysian Consultative Council for Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) president, Rev Thomas Phillip, has not had word from Ilani.

“Nothing so far. We’re just waiting for them to bring forward the terms of reference so we can have some kind of dialogue,” he told The Malaysian Insider.

The head of the Mar Thoma church was also unsure if the inter-faith talks would pick up again this month, as Ilani suggested.

“We don’t even know if there’s a change in name [of the panel]. They have to show us what they want and then we’ll have a meeting with our council,” he said.

The talks began after a spate of attacks on various houses of worships following the New Year’s Eve High Court ruling that Catholic weekly The Herald had the constitutional right to use the word “Allah” to describe the Christian God.

The Attorney-General’s Chambers have applied for a stay of execution pending an appeal to the Court of Appeal. No date has been set for the appeal process yet.

The PM and then there is the DPM

Tan Sri Muhyiddin Yassin’s recent use of increasingly strident race rhetoric is standard practice for Umno when faced with troubled times, say political commentators.

Political scientist Dr Farish Noor said Umno playing the race card was nothing new, and followed a pattern where the party would amplify parochialism whenever it was not strong enough to fend off challenges from the opposition or there was an internal leadership crisis.

“This use of ethno-nationalist discourse has always been part and parcel of Umno politics since the 70s,” Farish told The Malaysian Insider.

He also said the deputy prime minister’s constant harping on issues calculated to appeal to Malay voters was consistent with the historical role of his position as Umno deputy president.

“There’s always been this history of this double act in Umno... It’s not even a new script,” Farish pointed out.

He said that Umno has to have two faces, with the prime minister acting as a “bridge-builder” to the non-Malays and the world while his deputy was responsible for unifying the party.

Farish pointed out that Datuk Seri Anwar Ibrahim played a similar role as Tun Dr Mahathir Mohamad’s second before his fall from favour in 1998.


Najib and Muhyiddin’s (left) seemingly opposing voices fit a long-established Umno mould. — file pic
“Anwar’s task in the 80s was simple — to promote Umno’s Islamic credentials and to harass PAS... [while] Dr Mahathir sold the idea of a developed Malaysia abroad,” he said.
“We can go back and read all their speeches. Anwar was doing then what Muhyiddin’s doing now.”

Farish added that this arrangement was likely to persist for the foreseeable future, citing Umno’s “institutional inertia” and resistance to change.

“If Muhyiddin became PM tomorrow, he would need someone to play the role he’s playing now,” the political scientist said.

Monash University Malaysia political scientist Dr James Chin argued that this “division of labour” between Najib and Muhyiddin showed that Umno had not learned anything from its disappointing performance in Election 2008.

“They still think they can talk to different communities using different media,” he told The Malaysian Insider.

“The new media operates totally differently — it operates in all languages. It doesn’t matter if you speak it in Tamil like Samy Vellu or in Mandarin like the MCA... You can’t specify your message to one particular ethnic community anymore.”

However, Chin said the party will continue to tell Malays to unite under Umno or lose the Malay state they claim the Malay nationalist party had successfully built since 1969.

“It is consistent with the overall product that they’re selling, which is ‘Ketuanan Melayu’ (Malay dominance),” he said.

He also said the stark warnings issued by Umno in recent weeks laid the ground for the coming general election, which he claimed was just around the corner.

“They’re just positioning themselves [for the general election],” Chin said.

“The general election is crucial for Najib. If he loses further ground then Umno will only allow him to stay for one term. If he manages to win big, then he’ll be there for at least two terms.”

Merdeka Center director Ibrahim Suffian concurred with Farish’s assessment that Muhyiddin’s recent dire warnings to Malays was business as usual.

“I’m not sure if there’s anything new there,” he said of Umno’s attempt at conflating Malay political and economic well-being with Malay unity.

“Ethnic unity in times of economic uncertainty strikes the strongest chord.”

Ibrahim also identified the Najib-Muhyiddin double act as an attempt to strike a balance between its non-Malay supporters and investors, and its Malay-centric support base.

“The results of [Election] 2008 have prompted them to address the grievances of the minorities but they’ve realised a lot of the changes... are uncomfortable to their base,” he said.

“They have to keep the base.”

However, the pollster argued that while Umno’s rhetoric struck a chord with many working class and lower middle-class Malays, there was still a disconnect between the party’s words and the situation on the ground.

“Part of the rhetoric doesn’t meet the reality they (the Malays) are confronted with,” he said, citing rising inflation as well as the lack of job opportunities and access to government assistance for urban Malays.

“Malays living in urban areas generally fall out of the ambit of government assistance,” Ibrahim added.

While he admitted that it will be hard for Umno to keep to race-based politics while leading a multi-ethnic coalition, Ibrahim nonetheless defended the Barisan Nasional (BN) solution as having the potential to occupy the centre ground of Malaysian politics through “best compromises”.

“It (the coalition) is supposed to bring moderation and I think that’s how it was designed by the country’s forefathers.”

“What becomes a problem is when representatives from one group see themselves as having greater rights than others,” Ibrahim said.