Sunday, November 02, 2008

Who is the 'Bumiputra'? Is it 'Malays PLUS natives of Sabah and Sarawak'? Or...

Let us consider the term "Bumiputra" or "Bumiputera" - and what really does it mean.

Now, we have seen that Art. 153 talks about 'special position of the Malays and natives of any of the States of Sabah and Sarawak' (see earlier post).

The Federal Constitution defines Malay in Article 160(2) as follows:-

"Malay" means a person who professes the religion of Islam, habitually speaks the Malay language, conforms to Malay custom and -

(a) was before Merdeka Day born in the Federation or in Singapore or born of parents one of whom was born in the Federation or in Singapore, or is on that day domiciled in the Federation or in Singapore; or

(b) is the issue of such a person;

- see also earlier post 'Today a Malay...."

Now, does the term 'Bumiputra' or 'Bumiputera' refer to '...the Malays and natives of any of the States of Sabah and Sarawak' or does this term include other persons.

Note, that there can be no 'new' Malay - i.e. someone cannot be brought from some other country, given a citizenship and made a Malay.

A Malay has to be a person
- born before 31/8/1957 born in the Federation of Malaya or in Singapore,
- domiciled in the Federation of Malaya or in Singapore on 31/8/1957
- born of a parent born before 31/8/1957 born in the Federation of Malaya or in Singapore,
OR children of such persons.

The definition, as it stands today, there can be no Malay from Sabah or Sarawak or any other place. That makes one wonder who the members of the United Malay National Organisation (UMNO) - surely they are not Malay, as defined by our Federal Constitution.

Does the term 'Bumiputra' or 'Bumiputera' include the Orang Asli of Semenanjung Malaysia (or the 'aborigine of the Malay Peninsula' as the Federal Constitution describes them)?

Does the term 'Bumiputra' or 'Bumiputera' include persons who are NOT 'Malays and natives of any of the States of Sabah and Sarawak'? And if these other persons are also benefiting from the special rights and privileges provided for 'Malays and natives of any of the States of Sabah and Sarawak' - then it is wrong.

Do we become Malay when we join UMNO? Do we start enjoying 'Bumiputra status' when we join UMNO?

I have not been able to find any legal definition of the term 'Bumiputra' or 'Bumiputera'... it would be good if anyone out there could help...

I believe we should move away from this term 'Bumiputra' or 'Bumiputera', which, I believe, is a term that was created by the UMNO led - BN government.

We should revert and talk only about 'Malays and natives of any of the States of Sabah and Sarawak'.

I personally believe that the 'aborigine of the Malay Peninsula' (or the Orang Asli) should also be accorded special rights and privileges...but this will require a constitutional amendment.

WHY do you think this UMNO led-BN government prefers to use the term 'Bumiputra' rather than the correct term ''Malays and natives of any of the States of Sabah and Sarawak'? I will share more on this in some later post....maybe.

I hope to listen to some comments...

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