Are we like Zionist Israel - where we discriminate against people simply because they were born of parents of a particular ethnicity or religion?
In its early years, Israel decided to work systematically to ensure that Palestinians with Israeli citizenship could not enter its universities, or that those who did would only be allowed to follow a particular educational path.... Today, Palestinians inside Israel constitute almost 20 percent of the population. And despite the many barriers, such as language, cultural differences, and identity dilemmas in the public sphere, the percentage of Palestinian students in Israeli academic institutions constitutes around 19 percent of the total number of students in Israel. - Oops, UITM is worse that Israel's Universities who now allow Palestinian students
Are we like previous Apartheid regime of South African, where certain ethnicities were privileged and others victimized?
Are we like US of old when African Americans and other non-whites were discriminated by reason of ethnicity,....?
2024 - and Malaysia still maintains 'apartheid like' policies and practices.
Shocking when a University Student Body called for the Opposition to the allowing of non-Malay...non-natives of Sarawak/Sabah into the Universiti Teknologi Mara (UiTM). No to students, irrespective of whether they come from poorer families simply because their or their parents are a particular ethnic group....BUT then does not UITM admit international(non-Malaysian) students? And this makes the exclusion of Malaysian students of not a certain ethnicity even more draconian and unacceptable...
Let's look at Article 153 -
Article 153
(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 provision 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.
(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 authorised 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;
(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 he 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 Yank di- Pertuan Agong may deem reasonable, and the authority shall duly comply with the directions.
(9) Noting 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.
Points to note
1. The King(States) obligation is to all Malaysians. '...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...' Does the other communities have no 'legitimate interest' to be able their children to public Universities like UITM?
2. There is no provision for Universities/Schools exclusively for Malays and natives of any of the States of Sabah and Sarawak - they talk about ' ...of such proportion as he may deem reasonable...' - nothing about 100% for for Malays and natives of any of the States of Sabah and Sarawak. Even if 100%, then the admission of foreign international students is a DIRECT violation?
3. Students(including University Students) had a history of upholding the cause of justice without fear or favour - and that is why that position taken by this University's student council is most shocking and disappointing. What is the position of other University groups in Malaysia? Silence is not an option here...
4. Mono-ethnic political parties like UMNO may take this kind of position for the interest of Malays, being their membership and the ethnic group they promised to fight for. But, then political domination of the UMNO-led Barisan Nasional(BN), where other major partners were MIC(Malaysian Indian Congress) and MCA(Malaysian Chinese Association) came to an end after GE14(2018) and reaffirmed rejection in GE15(2022). The rejection of the BN is clear when at GE15 the BN only managed to win 30 Parliamentary seats out of the 200 plus seats contested.
5. The power shift was to a coalition of parties that are all multi-ethnic and multi-religious, in short representing ALL Malaysians - the Pakatan Harapan(PH) - made up of Anwar's PKR, DAP, Amanah,...
6. Thus, is it not Time to REVIEW and introduce NEW POLICIES different from that previously advocated by BN - which was inclined to keep Malaysians divided - always reminding them of the difference in their ethnic origins. So, will this Anwar Ibrahim's PH-led coalition simply MAINTAIN BN policies and practices, or will the ADOPT new policies and practices for Malaysia and its people.
7. Many of the tings that are present today are BN political constructs - just like "Bumiputra', which may be even against the Federal Constitution. Remember, Art. 153 is very specific as to who are the groups of Malaysians that are entitled to this 'special preference' - It says only Malays and natives of any of the States of Sabah
and Sarawak, and when it comes to Malays, it does not mean all Malays, but as defined under Article 160
- "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;
The human rights group's director Zaid Malek said this in a statement today, particularly referring to Article 153 of the Federal Constitution.
"The multitude of statements that have come up from various quarters on this issue has misunderstood and twisted the meaning of Article 153 of the Constitution and its relation to UiTM.
"This is hardly surprising as successive governments and political leaders since the early 70s have consistently misinterpreted and abused the application of Art 153 for political gain at the expense of national unity. This has led to disadvantages for non-bumiputera which is not envisaged by article 153," he said.
This was in response to Bersatu Youth's support of UiTM students protesting against a proposal to allow non-bumiputera to enrol in its cardiothoracic surgery postgraduate programme.
Zaid explained that Article 153 (2) of the Constitution allows the Yang di-Pertuan Agong to determine a reasonable proportion of educational privileges for the Malays and the natives and Sabah and Sarawak."[However] Article 153(1) states clearly that the legitimate interests of other communities must be safeguarded when utilising said provision.
"As such, there is certainly nothing within article 153 that would make it unconstitutional to allow non-bumiputera to enrol in any of UiTM courses," said Zaid.
"The usage of the term ‘reasonable proportion’ would mean that if the king were to determine that it is necessary to apportion a certain quota of non-Malays to enrol into any of UiTM’s programme, then it would be entirely in compliance with article 153 of the Constitution," he added.
Power lies with the govt
Elaborating, Zaid noted that the determination of the reasonable proportion of quota for educational purposes under Article 153 (2) is subject to the provisions of Article 40, which means the king is bound by the advice of the cabinet on the matter.
"The power ultimately lies with the government to decide. I say this clearly, because of the recent trend of government leaders attempting to shift responsibility for their acts to the constitutional monarch.
"The proposal to open up UiTM’s cardiothoracic surgery postgraduate programme comes from an acute shortage of the requisite number of cardiothoracic surgeons to serve the Malaysian public. This consideration is not in violation of article 153 and it is an affront of the Constitution to suggest otherwise."
Zaid then urged the government not to accede to calls by "overzealous ethnonationalists" who ignore the dire state of our healthcare system.
UiTm is funded by taxpayers' money and should therefore be utilised to ensure the country's healthcare system does not deteriorate further, he said.
"The availability of surgeons could mean the difference between life and death to the public, whether they are non-bumiputera or bumiputera.
"The political system makes differences between bumiputera and non-bumiputera, but the disease does not," Zaid added. - Malaysiakini, 18/5/2024
Social media users expressed their dissatisfaction with Anwar’s dismissive response to a teenager who asked whether the government planned to do away with the bumiputera quota system, according to Malaysia Now.
The prime minister’s reaction was seen as bullying, overshadowing the student’s genuine and non-political question.
During a dialogue session at Kolej Matrikulasi Pulau Pinang in Kepala Batas yesterday, the student requested that she be given time to explain some context before posing her question.
“When will the quota system be abolished and replaced by a meritocracy system?
“My friends and I, as well as others that are not known, are affected by this quota system, all because they don’t have bumiputera status,” she was heard saying in a video of the event posted on Anwar’s official Facebook.
However, Anwar cut her off before she could explain, saying he already understood the question and that he had previously answered a similar one.
“This is an important question but you need to understand history, you need to know about the social contract,” he said.
The student, he said, should have refrained from discussing the quota system and instead, should have pointed out specific cases of non-Malays being denied entry, allowing the government to address the situation.
‘Scrapping quotas would ignite turmoil’
Anwar also allegedly criticised the student for being unfair to bumiputera students in rural schools.
At this point, the student was heard trying to clarify her question but Anwar stopped her and asked her to continue listening to his explanation.
“If I wanted to satisfy you and say ‘scrap the quota system’, we will lose all elections and you will suffer more in this country run by PAS and Bersatu.
“Understand that, it is important to understand that. You have many non-Malays here, and there is no quick-fix solution,” he added.
Anwar insisted that he would personally instruct for the resolution of individual appeals by non-Malays but to advocate for the system’s abolishment would “ignite turmoil in this country”.
The first incident
Last month, Anwar attended a town hall session in Nilai, Negeri Sembilan, where he replied to a question from a Form Six student by praising her for being articulate and saying he would have asked for her number if he was a younger man.
He was blasted for his remarks, with several lawmakers deeming his words inappropriate and sexist.
Muda deputy president Amira Aisya Abdul Aziz urged Anwar to publicly apologise, stating that he could have complimented the student without objectifying her.
He was also called out by Bersatu’s Sasha Lyna Abdul Latif, who subsequently pushed for the women leaders in his coalition as well as the government to refrain from being passive over his actions.
Following
the brickbats, Education Minister Fadhlina Sidek stated that the prime
minister’s controversial remark to the student was misconstrued but refused to comment further on the matter. - Malaysiakini, 6/8/2023
Why is Israel deliberately targeting Palestinian students?
Zahra Saeed
13 January 2024 09:39 GMT | Last update: 3 months 3 weeks ago
Recent arrests can be added to a series of other incidents within Israeli academia aimed at silencing and intimidating Palestinian students, which increased after the Gaza war
Israeli Jewish students are armed with assault rifles as studies resume at Ben-Gurion University on 31 December 2023 after delays to the start of the academic year due to Israel's ongoing war on Gaza (Social Media)
On 31 December, about 66,000 Palestinian students returned to Israeli universities or began their first term there, after the start of the academic year was postponed three times due to the ongoing war on Gaza.
What was already a difficult experience for Palestinian students to acclimate to their university setting has become a dangerous task amid an atmosphere of continuous incitement against all Arab and Palestinian citizens of Israel. Since 7 October, the government has made it clear that "every Palestinian citizen has a seat on the bus to Gaza".
According to the latest poll conducted by the Joint Coalition of Student Blocs, 76 percent of Arab students do not trust the university or college administration, and more than 87 percent felt their sense of security and safety was damaged, with almost unanimous agreement that the atmosphere is hostile towards Arab students.
This poll comes against the backdrop of the suspension of studies for dozens of Palestinian students from Israeli universities since the start of the war, and their transfer to disciplinary committees. In many cases, they were investigated by the police and indictments were presented against them.
Perhaps the most dramatic arrest occurred on 19 November when Israeli police arrested four female students studying at Nof HaGalil Technology College after they published pictures and content on social media related to the war.
The four girls, who hail from the Nazareth area, were arrested at dawn and their family homes were raided and searched by the Israeli police.
In their statement, the police claimed: "In addition to the increased readiness on the field, police forces were active last night decisively and relentlessly to uncover incitement and support for terrorism".
Policing students
This targeting can be added to a series of other incidents aimed at intimidating Palestinian students and silencing them within Israeli academia, which has increased since the Gaza war began.
Recent statements made by the Israeli prosecutor prove that the University of Haifa itself filed 20 complaints against its students to the police
In response to the arrests of the four women, the Joint Coalition of Student Blocs stated: "The students were arrested in a barbaric manner aimed at insulting them and continuing Israel's intimidation tactics against its Arab community. It is worth noting that all of these arrests were based on mere interaction with posts on social media, and not even the students' own written posts, which is considered a dangerous precedent worldwide."
The organisation added: "It is viewed with great seriousness that academic institutions are cooperating with the police to arrest their students, as the police indicated that some of the information they received was obtained from one of the highest academic institutions in Israel, which we consider to be a violation.
"This is dangerous and unprecedented behaviour by academic institutions that brag about their professionalism and academic production in front of the world. They are not ashamed to play the role of policeman and informant towards their students, to go along with the policy of silencing and persecuting our students."
According to the latest detention report issued by Adalah, a legal NGO promoting Palestinian rights in Israel, the centre is monitoring 251 cases of arrests, investigations, and interrogations of students - including 121 cases due to social media posts and 60 cases due to demonstrations.
The report added that there is an increase in the targeting of students from academic institutions, including the University of Haifa and the Technion Institute. For example, statements made by the Israeli prosecutor in a hearing held for university students prove that the University of Haifa itself filed 20 complaints against its students to the police.
But why does Israel insist, even in times of war, on targeting Palestinian students within the Israeli academia?
A 'silent revolution'
There is nothing new about the political persecution of Palestinian citizens of Israel, in general, and not just of university students. However, Palestinian achievement in Israeli academic institutions can only be described as a miracle or a silent revolution.
Israel-Palestine war: Palestinian students targeted by campaign in Israeli universities Read More »
In its early years, Israel decided to work systematically to ensure that Palestinians with Israeli citizenship could not enter its universities, or that those who did would only be allowed to follow a particular educational path.
The Israeli government worked to ensure that those who survived the 1948 Nakba and became citizens of its state could not form an educated elite that would demand, God forbid, national rights on their land.
Therefore, the focus was on not enabling them to choose majors from the faculties of social sciences and humanities, but in professions and industries for which adequate employment would be guaranteed.
For example, while Palestinian students would be encouraged to pursue medicine or nursing, which would contribute to the Israeli workforce, pursuing studies in media, sociology, or post-colonial theories would create a problem for them.
Israeli historian Adam Raz documented this policy outlined in 1958 as "Advice for Dealing with the Arab Minority” in Haaretz. According to that policy, the formation of an academic elite would encourage them to strive for "radical leadership positions".
Today, Palestinians inside Israel constitute almost 20 percent of the population. And despite the many barriers, such as language, cultural differences, and identity dilemmas in the public sphere, the percentage of Palestinian students in Israeli academic institutions constitutes around 19 percent of the total number of students in Israel.
Israel has been long concerned that the formation of an academic elite would encourage them to strive for 'radical leadership positions'
In 2021, for the first time, the number of Palestinian students exceeded 60,000, an increase of about 133 percent in the number of students since the beginning of the previous decade. These numbers and percentages are truly a miracle for a society where more than half of the children come from impoverished homes, per Israeli standards.
Indeed, what happened over the decades was a silent revolution and a victory in the battle for the right to education. It was the opposite of what Israel wanted and planned for the Palestinian community within its borders.
These Palestinian students are also the ones who will lead their society and uphold their identity. No matter how much Israel has invested in creating a new "Arab" identity, their efforts and policies are destined to fail.
In the face of its failure, Israel has desperately deployed tactics of intimidation and suppression. These policies will also fail as individuals cannot be separated from themselves and their realities.
Also, if Israel, far from police rule still wants to claim itself as a democratic state that guarantees freedom of expression, it must look at itself in the mirror and at its distorted image in front of the world - an image that will take years to restore, if that is even possible.
The views expressed in this article belong to the author and do not necessarily reflect the editorial policy of Middle East Eye. - Middle East Eye, 13/1/2024
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