Monday, September 03, 2018

Anwar Ibrahim - 'Malay Malaysian Rights' Do Not Exist? Only 'Quotas'? EXPLAIN please...

It was must disappointing to hear that Anwar Ibrahim is asking for more 'MALAY' rights ...which I suppose he is talking about Malay Malaysian rights....Interestingly, statistics of the number of Malays in Malaysia today is hard to find(The last seen stats put Malays at about 50% the population?) Is he talking about Malays who are Malaysian citizens as per the Constitution - or Malays that came after? Malay in Malaysia is not simply an ethnic group - it is definition of persons who have certain characteristics - parents could have been Indian Muslim Malaysians, and kids may now be 'Malay'.

What about the rights of Chinese Malaysians, Indonesian Malaysians, Indian Malaysians, Bidayuh Malaysians, Thai Malaysians, Sri Lankan Malaysians, Eurasian Malaysians, Orang Asli Malaysians, Arabic Malaysians, ...Anwar really should be talking about the Malaysian people's rights not simply just the rights of one Malaysian ethnic group...

Anwar, do not forget that in Malaysia - all Malaysians are equal - and that the government must ensure that there SHALL be 'no discrimination against citizens on the ground only of religion, race, descent, place of birth or gender in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.'

One may have expected such a comment from the previous UMNO-BN but it is most disappointing when such a comment comes from Anwar Ibrahim of PKR. UMNO was a Malay ethnic based party, is PKR now 'transforming' into such a party ....?

UMNO-BN in the past emphasized ethnic differences, and many today remained 'brain-washed' into still looking in terms of ethnic differences...look at the ethnic breakdown of constituencies emphasized - rather that a socio-economic breakdown(looking at rural, semi-rural, urban population, age breakdowns, educational breakdowns(degree holders, diploma holders, SPM holders), employment breakdown(public sector, private sector, small business, self employed, etc...). The reality of Malaysia can be looked at so many ways - but alas, UMNO-BN emphasized ethnicity...Is our new Pakatan Harapan government also going to continue looking through 'ethnic' or 'religious' lenses - or are we more mature and 'inteligent' now to start looking at Malaysians on the basis of socio-economic indicators..Policies - is it to be ethnic based? Pollsters like Merdeka Centre and such continue to conduct ethnic-based polls - maybe not realizing that it is most 'divisive' and propagates the UMNO-BN ways of looking at Malaysians as different ethnic groupings... 

Is the new government STRONG and brave enough to break this 'UMNO-BN' mindset which emphasized ethnic differences - and start building a Malaysia of Malaysians, and programs/policies should be socio-economic based - an OPTION FOR THE POOR. UMNO-BN's ethnic based approach only resulted in a small group becoming richer and richer, whilst the majority remained poor...or lower middle class?  

ANWAR need to be reminded that we need to be concerned about ALL Malaysians...where everyone is equal.  

Article 8 - Federal Constitution
 (1) All persons are equal before the law and entitled to the equal protection of the law.
(2) Except as expressly authorised by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth or gender in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment....
Having mentioned that, we know our Constitution in Art. 153 provides for Reservation of quotas in respect of services, permits, etc., for Malays and natives of any of the States of Sabah and Sarawak.[Art 153 is copied below - read to see what it is?]

YES -  there is provision for setting aside of QUOTAS or '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.'

Under UMNO-BN rule, it was really not clear as to what was the actual QUOTAS or 'such proportion as he may deem reasonable'?

Is Anwar now really talking about increasing the 'QUOTA" or the 'reasonable proportion'? 

Maybe, now our new Pakatan Harapan led-government will finally disclose what was 'quota' or 'reasonable proportion' for Malays and natives of Sabah and Sarawak 

- positions in the public service - was the Quota 30%, 70%, ...?
- scholarships- was the Quota 30%, 70%, 90% ?
- exhibitions and other similar educational or training privileges or special facilities- was the Quota 30%, 70%, ...?

- permit or license for the operation of any trade or business- was the Quota 30%, 70%, ...? Was it just certain Malays and natives of Sabah and Sarawak that received most of the advantage here? How many of these were 'political' cronies?

Our NEW 'alternative' government really need to review UMNO-BN's ethnic based approach? Let's look at the Malay population - what percentage of Malay families have today improved their economic/financial position? Has the policy resulted in 'independence' or still a strong reliance on government assistance? [UMNO-BNs strategy was to encourage or ensure 'dependence' on UMNO - Look at the what happened to majority of FELDA settlers - why are they still in debt? BR1M - again a similar policy of 'dependence'.]

Malaysians need to SPEAK OUT and say whether they want this NEW government  of ours to simply continue with the old UMNO-BN policies - using an 'Ethnic' approach in Malaysia. (Sad to note that they still are talking about policies like the NEP or NEM...vision 2020...are these not UMNO-BN policies...Have DAP, PKR, Bersatu, Warisan, Amanah just simply 'accepted' these UMNO-BN policies and strategies...Are they to afraid to change?)

I wonder whether PKR still believes that a Malay must be PKR President - or are they just about any person being President of PKR? This is an issue of principle or values...Or will they become like Trade Unions and even the Malaysian Bar, who does not look at ethnicity or religion when it comes to chosing their leaders..

The 'problem'(or maybe no more a problem) is that many of the new Opposition party leaders, now in this Pakatan Harapan-led government are previously from UMNO-BN. Have they abandoned the 'UMNO-BN' ways, or they are still influenced by UMNO-BN? 

YES - we achieved a VICTORY in PRU 14, when Malaysians finally succeeded in ousting the UMNO-led coalition government after 60 plus years of INDEPENDENCE...and, we all hoped to also move away from the UMNO-BN policies and ways... and, to do these CHANGES, our leaders now in government must be BRAVE and act fast...and, not be too worried about upcoming PRU in 4 years plus...

EXPOSING wrong-doings and/or failures in past government is GOOD and needed. 'Political cronnies' removed but let us not just the appointment of simply 'new political appointees' now...

The people need to be empowered...Democracy must come at all levels (Local Councils, Kampung/Taman leaders, SENATORS, Penghulus, etc...) - NO MORE POLITICAL APPOINTEES.

Anwar has not responded to contradict what was revealed yet ...

To be qualified to be chosen as next Prime Minister, Anwar needs to be first elected as a Member of Parliament. My hope is that he waits for some Parliamentary seat to naturally be available to contest  - and not simply get one of the PKR MPs(chosen the people) to resign to force a by-election....Anwar, should not worry about ethnic composition of seats if he truly believes that all Malaysians want him as the next Prime Minister...[Remember, currently it is simply the agreement between the 4 component parties of PH, and certainly not something that Malaysians agreed to...with regard as to who should be the next Prime Minister of Malaysia - something that could be settled by a REFERENDUM where all Malaysians get a chance to say what they want.]

ARE THINGS CHANGING IN MALAYSIA FOR THE BETTER? IS ANWAR GOING TO BE A PART OF THESE CHANGES OR WILL HE SIMPLY BE AN HURDLE ...worse still a leader that will move Malaysia in the old ways of UMNO-BN?

 

 

 


Anwar wants govt to pay more attention to Malay rights, says Dr Mahathir


Kamles Kumar Prime Minister Dr Mahathir Mohamad says the incoming PKR president has not criticised government policies, but merely highlighted his concerns. – The Malaysian Insight file pic, August 30, 2018.

ANWAR Ibrahim has advised the government to pay more attention to Malay rights, said Prime Minister Dr Mahathir Mohamad.

He said the incoming PKR president was not criticising government policies, but only highlighting his concerns.

“He did not criticise. He made some remarks about it.

“He feels that we are not paying attention to the welfare of Malays, for example,” Dr Mahathir told reporters after a meeting with Asean business leaders today.

Under an agreement reached between Pakatan Harapan components, Anwar will take over from Dr Mahathir as prime minister.

Dr Mahathir said Anwar did not mention contesting in any by-election to pave the way for his return to Parliament, which would set him on course to become prime minister.

“He didn’t say anything about contesting. He just came and saw me, we had discussions, but nothing about him contesting,” he said of a meeting with the PKR leader yesterday.

Several PKR lawmakers have said they are willing to give up their seats for Anwar, including Sungai Petani MP Johari Abdul and Selayang’s William Leong. – August 30, 2018., Malaysian Insight
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Art. 153 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.

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