Malays - Are even 'new' Malays entitled to privileges bestowed in Federal Constitution?

Like the Chinese and Indian Malaysians. the Malays are also made up of different ethnic groupings -  Melayu Minang, Melayu Jawa, Melayu Bugis and Melayu Kelantan..The interesting question then may be which of these different Malay ethnic groups are dominant...in terms of political and economic powers?

The question also  is whether all Malays in Peninsular Malaysia, who are entitled by virtue of our Federal Constitution, is benefiting from the 'privileges' in our Federal Constitution...The Malays, that should be benefiting, in my opinion are the 'Malay" as defined in the Federal Constitution and no one else...If other Malays(those not entitled) are benefiting, then the persons who are losing out especially are the entitled Malays and the natives of Sabah and Sarawak...

"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; - Article 160, Federal Constitution

Looking at the interpretation of "Malay', all the special benefits provided for in the Constitution ought to flow to just these persons that satisfy Article 160..

- BORN before 31/8/1957 in Malaysia or Singapore;
- BORN of parents who are born before 31/8/1957 in Malaysia or Singapore
- domiciled in the Federation or in Singapore > means persons  permanently residing or habitually residing in a dwelling house before Independence(31/8/1957).

Should the "NEW Malays" be entitled to the special benefits/privileges/rights accorded by Article153? In my opinion, the answer must be NO.

So, even children of non-Malaysians Malays who were given a PR, who are Muslim that will qualify to get the status of 'Malay' really should not be getting the benefits set aside for Malays by the Constitution, in my opinion.

Even if a brother of Malay who is NOT born and WAS NOT domiciled in Malaysia before Independence, decides to migrate from Indonesia, Thailand, Philippines....later in 1960s or 1970s(as an example) - he may be considered 'Malay' legally, but still, in my opinion, he may not be entitled to the benefits guaranteed by our Federal Constitution.

But under the UMNO led government, are these 'new' Malays been enjoying the benefits reserved for Malays, and the natives of Sabah and Sarawak? 

This is a matter that may require some serious study and analysis?

If others were meant to benefit. then the Constitution should have been amended to include them...so, now UMNO-BN is talking about 'Bumiputra'(which includes Malays, natives of Sabah and Sarawak...and others) - some of whom will not qualify to fall under this special group mentioned in Article 153 - 'the Malays and natives of any of the States of Sabah and Sarawak'

The question must be asked of the UMNO-led government is whether they have done as is required by Article 153 - Has the benefits flowed to all persons within the entitled group? Or has the benefits been enjoyed by only a FEW from the entitled group? Did it also flow to those not entitled - even if they may today be Malays? 

Has there been any report anyone has seen?  

Somehow, looking at the number of Malays that are still poor, heavily indebted(including many in FELDA), in prisons in the country, etc ... makes one wonder? 

Saw an interesting article about the GENETICS of the main ethnic group Malays in Peninsular Malaysia... for like the Chinese Malaysians and the Indian Malaysians...Malays too have many different ethnic groups...

 

The Malay people, who generally inhabit the Malay Archipelago, particularly the Peninsular Malaysia, is a group of genetically diverse populations¹. 

In Malaysia, the Malays consist of several sub-groups, e.g., Melayu Minang, Melayu Jawa, Melayu Bugis and Melayu Kelantan, based on their respective geographical origins. Malay sub-groups have various historical origins and genetic affinities^1,2. Both ancient and recent human activities have introduced gene flows from other populations into the Malays^3,4,5. The indigenous groups (Orang Asli) in Malaysia, including Proto-Malay, Senoi and Negrito, interacted with the Malays because their habitats were situated adjacent to one another. The Malays are genetically related to the Orang Asli despite differences in their physical features⁵. For example, Negritos have short stature and very dark skin, which are more similar to the phenotypes of African Pygmies than to those of other Southeast Asian populations^6,7. In addition, populations from other regions of Asia, even from other continents, have cultural and genetic influences on the Malays to various extents. In particular, Chinese, Indians, Arabians, and Europeans have substantially influenced the region since ancient times, and have had a more considerable impact in recent centuries due to the colonization and globalization of the entire human society, thus leading to the mosaic genomic pattern in the Malays^2,5,8. Besides Malaysia, the Malays are distributed in the surrounding islands, e.g. Peninsular Indo-China, Singapore, Java, and Sri Lanka⁹. Malay populations share a common origin with other Austronesian populations⁹. During the 1400s and 1500s, the Malacca Sultanate was established and subsequently dominated the entire Malay Archipelago, and the Malay language was established as the official language in that region, replacing Sanskrit. The Malays, especially those in the western and southern Malaysia, have had frequent interactions with other Austronesian populations through trading or other social activities¹⁰. These early contacts did not result in a large-scale of population admixture, but intermarriage did exist. Gradually, the Malays mixed with the local residents in the surrounding islands, and have developed into various Malay ethnic groups². These Malay ethnic groups affect not only the demography but also the culture, including religions and languages, outside Malaysia. - Dissecting the genetic structure and admixture of four geographical Malay populations, Scientific Reports volume 5, Article number: 14375 (2015)

Article 153 Federal Constitution -  Reservation of quotas in respect of services, permits, etc., for Malays and natives of any of the States of Sabah and Sarawak.

(1) It shall be the responsibility of the Yang di-Pertuan Agong to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities in accordance with the provisions of this Article.

(2) 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 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.

(3) The Yang di-Pertuan Agong may, in order to ensure in accordance with Clause (2) the reservation to Malays and natives of any of the States of Sabah and Sarawak of positions in the public service and of scholarships, exhibitions and other educational or training privileges or special facilities, give such general directions as may be required for that purpose to any Commission to which Part X applies or to any authority charged with responsibility for the grant of such scholarships, exhibitions or other educational or training privileges or special facilities; and the Commission or authority shall duly comply with the directions.

(4) In exercising his functions under this Constitution and federal law in accordance with Clauses (1) to (3) the Yang di-Pertuan Agong shall not deprive any person of any public office held by him or of the continuance of any scholarship, exhibition or other educational or training privileges or special facilities enjoyed by him.

(5) This Article does not derogate from the provisions of Article 136.

(6) Where by existing federal law a permit or licence is required for the operation of any trade or business the Yang di-Pertuan Agong may exercise his functions under that law in such manner, or give such general directions to any authority charged under that law with the grant of such permits or licences, as may be required to ensure the reservation of such proportion of such permits or licences for Malays and natives of any of the States of Sabah and Sarawak as the Yang di-Pertuan Agong may deem reasonable; and the authority shall duly comply with the directions.

(7) Nothing in this Article shall operate to deprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him or to authorise a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of a person any permit or licence when the renewal or grant might reasonably be expected in the ordinary course of events.

(8) Notwithstanding anything in this Constitution, where by any federal law any permit or licence is required for the operation of any trade or business, that law may provide for the reservation of a proportion of such permits or licences for Malays and natives of any of the States of Sabah and Sarawak; but no such law shall for the purpose of ensuring such a reservation -

(a) deprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him; or
(b) authorise a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of any person any permit or licence when the renewal or grant might in accordance with the other provisions of the law reasonably be expected in the ordinary course of events, or prevent any person from transferring together with his business any transferable licence to operate that business; or
(c) where no permit or licence was previously required for the operation of the trade or business, authorise a refusal to grant a permit or licence to any person for the operation of any trade or business which immediately before the coming into force of the law he had been bona fide carrying on, or authorise a refusal subsequently to renew to any such person any permit or licence, or a refusal to grant to the heirs, successors or assigns of any such person any such permit or licence when the renewal or grant might in accordance with the other provisions of that law reasonably be expected in the ordinary course of events.

(8A) Notwithstanding anything in this Constitution, where in any University, College and other educational institution providing education after Malaysian Certificate of Education or its equivalent, the number of places offered by the authority responsible for the management of the University, College or such educational institution to candidates for any course of study is less than the number of candidates qualified for such places, it shall be lawful for the Yang di-Pertuan Agong by virtue of this Article to give such directions to the authority as may be required to ensure the reservation of such proportion of such places for Malays and natives of any of the States of Sabah and Sarawak as the Yang di-Pertuan Agong may deem reasonable; and the authority shall duly comply with the directions.

(9) Nothing in this Article shall empower Parliament to restrict business or trade solely for the purpose of reservations for Malays and natives of any of the States of Sabah and Sarawak.

(9A) In this Article the expression "natives" in relation to the State of Sabah or Sarawak shall have the meaning assigned to it in Article 161A.

(10) The Constitution of the State of any Ruler may make provision corresponding (with the necessary modifications) to the provisions of this Article.