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Second-class citizens deprived of opportunities

The effect of ethnocratic administration in Malaysia is the subordination of the interests of other ethnic groups.

The 50-year dominance of Umno as supreme power in Malaysia has seen it pursue policies aimed at empowering the Malays and creating an ethnocracy where Malay interests are prime.

This has, by definition meant that the interests of other ethnic groups in the country have had to be subordinated. This is manifested in an almost infinite variety of forms – politically, economically, culturally, and socially, some of which are detailed in other areas of this paper.

Even at national level, Umno’s dominance has relegated other ruling coalition parties representing minority interests to insignificance, fuelling discontent over ethnic, religious and economic marginalisation. Here we need only examine the recent Hindraf events to see how this subordination is manifested.

The Indian community in Malaysia constitutes perhaps 8 percent of the population and has long been associated with some of the most menial economic positions in the country — plantation workers, labourers and street-sweepers.

The changes in the plantation industry have seen some of these persons forced into urban slums where they are precluded from decent housing, education or opportunity. Their interests are supposedly represented at national level by the Malaysian Indian Congress, a component party of the Barisan, but it is more than apparent that the national MIC has been less than competent in representing the interests of Indians of the lower socioeconomic strata. As powerless squatters, they are often easy prey for those who wish to oppress or exploit them.

The situation came to boiling point in 2007, when the Hindu Rights Action Force, a coalition of 30 Hindu non-governmental organizations committed to the preservation of Hindu community rights and heritage, began to protest about the tearing down of Hindu temples by local government agents.

On 25 November 2007, Hindraf organised a rally to present a petition to the British High Commission in Kuala Lumpur. In one of the largest protests against ethnocracy seen in the country, more than 10,000 people participated in the protests which were subject to tear gas and water cannons.

According to the Centre for Public Policy Studies (CPPS), Indians have the lowest life expectancy amongst the major ethnic groups; according to Hindraf, Indians have the highest suicide rate amongst the major ethnic groups; while according to government statistics, Indians make up 40% of convicted criminals.

But this community is excluded from the many advantages available to those the government claims are the marginalized Malays.

Religious Autocracy
Establishing Islam as the ‘official religion’ of the state and ensuring that the government departments and agencies are run by Muslims has had major social repercussions throughout the country. These range from complaints from followers of other religions that they are unable to obtain permission or land to erect houses of worship, to the targeting and destruction of temples.

From 2002-2007, 15 Hindu temples were demolished in the Klang Valley by state contractors or agents, and 31 others have been threatened with demolition. The construction of a 36 metre-high Chinese ‘Goddess of the Sea’ statue has also been suspended by the state government in Sabah.

At the level of the individual, persons have been precluded from having the religion of their choice noted on their identification cards (the Lina Joy case), and non-Malay parents have complained about powerful Islamization trends within the schools their children attend.

Educational Woes
The policies which have been implemented in the educational realm over the last 20 years have produced much anger both over the discrimination practised against non-Malay students and the huge declines in educational quality at both secondary and tertiary levels as a result of staffing schools and universities with essentially members of only one ethnic group.

Regardless of the quality of school examinations results, non-Malays will be generally ranked behind Malays in terms of being provided with university access.

Non-Malays are often precluded from scholarship allocation.
Non-Malays are virtually precluded from teaching positions at the tertiary level. On the University of Malaya’s ‘Expert Page’ which details the researchers and thereby essentially the academic staff of the University,1 of 1,240 persons listed, only 20 Chinese names are included, 8 of whom also have Islamic names, as well as 46 Indian names (both Tamil and Northern), and 30 names which are obviously foreign or otherwise cannot be classified. Thus, of the 1,240 UM academic researchers listed on the university’s website, less than 100 are, under the ethnic divisions as used in Malaysia, ‘non-Malay’.

There can be no political activity on university campuses. Section 15 of Malaysia's Universities and University Colleges Act states that no student shall be a member of or in any manner associate with any society, political party, trade union or any other organisation, body or group of people whatsoever, be it in or outside Malaysia, unless it is approved in advance and in writing by the vice-chancellor. This precludes any organized resistance to the policies of exclusion.

Non-Malay parents are frequently cited in the Malaysian press suggesting that schools are run with Islamic religious aspects throughout (assuming Islam as the norm, imposing food restrictions, fixing apparel expectations, and demanding subordination to these impositions) giving parents the feeling that non-Muslim children do not exist or do not matter.

The cavalier attitude to education demonstrated through such schemes and policies has resulted in very marked reductions in the quality of Malaysian education. The United Kingdon's General Medical Council withdrew full recognition of University of Malaya medical degrees in 1989 because of the decline in the standards of medical education at the university.2 The European Union has not recognised Universiti Malaya's medical degree programme (MBBS) since its medical student intake of 1990.

There has also been a freefall in the gradings of Malaysian universities in the international assessment exercises for tertiary institutions. The University of Malaya fell from 89th in 2004 to 192nd in 2006 and now has fallen out of the top 200 list.

Judicial Problems
There has been a gradual process of replacement over the last 50 years of the ethnically diverse judiciary with a majority of Malays. Today, the Chief Justice of the Federal Court, the President of the Court of Appeal, and the Chief Judge of the High Court are all Malay. The Chief Judge for Sabah and Sarawak Richard Malanjum is a KadazanDusun from Sabah. Five of the six judges of the Federal Court are Malay.

When the incumbents of any position — public or private are appointed from a restricted pool, quality will by definition suffer.

Police
The ethnic unification of the police force has resulted in enormous attitudinal changes to the force among the population, and particularly among non-Malays.

From the obvious increase in payments to police officers to avoid prosecution, to faked witness statements, and from increased deaths in police custody to assault on the former deputy prime minister [Anwar Ibrahim] by the commissioner of police, there has been a widespread lack of confidence in the police. Most non-Malays will today not approach a police officer or a police station unless under duress.

Again, having only one ethnic group comprise the police force provides a greater platform for corruption and abuse than would be the case with a multi-ethnic force.

Corruption
The corruption and nepotism which marked the latter years of the Mahathir reign appear to have established new levels for these activities.

When Finance Minister Daim [Zainuddin] persuaded Mahathir to give the Economic Planning Unit and Treasury full power in implementing the privatisation policy, it became no longer necessary to call for tenders for government projects. Instead, the projects were awarded directly to favoured companies. Thus were opened many doors for potential corruption.

But this was true at every level of a society where economic interests were being restructured, where licenses were being awarded, where commissions became par for the course, and where ethnicity was itself a valuable asset.

Migration and Citizenship Issues
Migration and citizenship issues have been at the heart of Malay ethnocracy for 50 years. Under the 1948 Federation of Malaya Constitution, sultans were given control over migration and issues of citizenship engaged all the non-Malay inhabitants of the peninsula.

Today, as Malay ethnocracy is pursued, the ratio of non-Malay peoples in the population continues to fall. The Chinese percentage of the population has declined from 45% in 1957 to 26% today. How is this being achieved?

Firstly, by making life difficult and opportunities few for the non-Malays. This is a great inducement to migration for those who have the financial capacity. According to Abdul Rahman Ibrahim, the home ministry's parliamentary secretary, some 14,316 Chinese surrendered their citizenship on migration between 2000 and 2006, compared to 1,098 Malays, 822 Indians, and 238 others.

Secondly, by encouraging in-migration of Muslims from Indonesia and the southern Philippines. These persons can often become ‘bumiputra’ and enjoy the benefits of such status in Malaysia.3 Statistics on such in-migration are not made public. Ethnic statistics are some of the most closely guarded secrets in the Malaysian statistical firmament, and outsiders have no idea of (or access to) how the statistics are compiled or adjusted.

Measures used to maintain Malay ethnocracy
Given the often specious claims made to validate the aspirations to special status, indigeneity and other aspects of the Malay Agenda, how has Umno gone about maintaining the claims and avoiding or quashing opposition to them?

Legislation
One of the key methods of quashing those who wish to question or argue against the special privileges enjoyed under Malay ethnocracy is to legislate. Article 10.4 of the Constitution allows Parliament to prohibit the questioning of any “matter, right, position, privilege, sovereignty or prerogative”, including of course Article 153 of the Constitution.

[The other pieces of legislation are the ISA, Sedition Act, UUCA, and the Printing Presses and Publications Act 1984.]

Failure to Ratify UN Conventions
Malaysia has failed to ratify a range of international covenants and conventions, which have been signed by the majority of UN members. These include:

the International Covenant on Economic, Social and Cultural Rights (CESCR), which is monitored by the Committee on Economic, Social and Cultural Rights;

the International Covenant on Civil and Political Rights (CCPR), which is monitored by the Human Rights Committee;

the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), which is monitored by the Committee on the Elimination of Racial Discrimination;

the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), which is monitored by the Committee against Torture;

the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (MWC).4

The signing of these conventions would mean that Malaysia’s domestic social and particularly ethnic policies would be subject to much greater attention and supervision from around the globe. Various of the policies of ethnic discrimination as practiced in Malaysia would be illegal under the CERD.

Electoral Control
Parliamentary democracy is premised on elections and if Umno is to continue to win elections and maintain its ethnocracy, there is a need to have methods by which to, if not ensure, at least encourage, this outcome. The most effective weapon in the arsenal is control of the Election Commission (EC).

The EC is seen as one of the primary instruments through which the BN has manipulated the election process for its own political gain . The Government appoints all members of the EC, and all recommendations made by the EC must pass through the Government in order to take effect.

The EC is also the main vector through another key weapon – the gerrymander – is implemented. This can be observed in Malaysian electorates where generally rural voters (predominantly Malay) have a higher vote value. The average number of voters per seat in the Malay dominant state of Perlis is about 40,000, while in Chinese-dominated Selangor it is 71,000,5 giving the Perlis voters almost twice the value for their vote.

Control of Media
Umno controls Bernama, the state news agency, six state-owned radio stations and two television stations under national broadcaster RTM, the Utusan Group and is also closely allied to media conglomerate Media Prima Bhd.

The MCA, through its investment arm Huaren, owns Star Publications, which owns the English newspaper, ‘The Star’, various magazines, and radio stations FM 988 and Red FM. It now holds a 20 percent stake in Nanyang Press, which publishes Chinese newspapers ‘Nanyang Siang Pau’ and ‘China Press’.

The ruling Indian party, MIC, has close affiliations with owners of major Tamil newspapers ‘Tamil Nesan’ and ‘Malaysian Nanban’.

Thus, rather than having to shut down newspapers as Dr Mahathir did in 1987, the newspapers now do not need to be shut down as they print no stories which reflect poorly on the government.

History Writing
When trying to ensure that the populace is sympathetic to a particular point of view, starting inculcation young is a useful tactic. In various ways, Umno is using school history textbooks to push its view of Malayan and Malaysian history. There has been a gradual process of ethnic cleansing in Malaysian history books over the last 25 years.

A anonymous textbook entitled Sejarah Menengah Malaysia, (Tingkatan Tiga), published by Dewan Bahasa dan Pustaka (DBP) in under the Ministry of Education in 1971 had much space devoted to the British role in Malayan history, and included a chapter on the Chinese in the peninsula until 1874.

By 1998, a textbook entitled Kurikulum Bersepadu Sekolah Menegah Sejarah Tingkatan 1, also published by DBP and compiled by Dato’ Dr Abdul Shukor bin Abdullah and his 17 Malay collaborators, depicts a peninsula whose history begins with the Melaka Sultanate, when it appears that the population of Malaya was entirely Malay, and continues on into the Johor period of Malayan history. The cultural aspects are entirely Malay and it is as if half the country has disappeared.

A 2003 textbook entitled Kurikulum Bersepadu Sekolah Menengah Sejarah Tingkatan 5, published by Dewan Bahasa dan Pustaka and compiled by Ramlah bte Adam and her 7 Malay collaborators, concentrates on finding Malay national heroes, almost one for each state.

It portrays immigration as something which only happened in the 19th century and only involved people from India and China. The 1930s is written of only through vignettes of Malay figures, while the Malayan Union and Federation depicted as though only Malays and the British existed.

The state/Umno-endorsed and sponsored textbooks are increasingly depicting the history of Malaya’s past as almost solely a Malay history and are gradually excising the roles of Chinese and Indian figures from national history.

And when legislation, distorted history and electoral and media controls fail to convince others of the necessity and validity of Malay ethnocracy, there are always threats of violence available.

Malaysia and Israel
Can one then pursue a democracy where citizens are supposedly equal in their rights, and yet at the same time constitutionally mandate the special position of a certain group within that country? In this respect, the Malaysian state as created by Umno shares a problem with Israel.

Israel wants to develop a modern democratic state, one which gives a specially-mandated place to Jewish people, but at the same time, treats all citizens fairly as equals. As the Malaysian ethnocracy demonstrates, the contradictions of such an arrangement will always ensure friction.

A religion or ethnicity which is detailed in a basic legal document as an essential element of the state necessarily makes believers in other religions, or persons of other ethnic groups, second-rate citizens, and precludes an equality of citizenship.

The ethnocracy which has been slowly developed in Malaysia particularly since 1957 has excluded from full participation in the country the non-Malay peoples of the land. Through economic and social policies, non-Malay people have been deprived of education, employment, political and other opportunities as a cost of the development and consolidation of Malay supremacy and the economic aspects of the NEP.

In any major re-examination or reconsideration of the various privileging policies and ethnocratic structures which have been created in Malaysia, an essential element needs to be a recognition that these structures have as their root the British-Umno alliance of 1946-57, which pursued the interests of these two groups, and excluded from fair participation in the political process the non-elite and non-Malay members of society.

Written by Dr Geoff Wade

Geoff Wade is currently a Visiting Senior Research Fellow at the Institute of Southeast Asian Studies

03/11/09

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