GLUP 1043 LEGAL SKILL AND

RESEARCH METHODOLOGY

SEMESTER 2019/2020

Research Proposal on Equality of

Ethnicity In Respect of Education In
Malaysia
GROUP A

SUBMISSION DATE : 20th June 2020

PREPARED FOR:

Dr. Anis Suhaiza Binti Md Salleh

GROUP 1 :

No. Name Matric No.

1. NUR AMIRA BINTI RAZI 272687

2. NUR SUHADA BINTI MOHD SAIDI 272753

3. ADRIANA 273002
TABLE OF CONTENT

CHAPTER 1 1
1.1 INTRODUCTION 1
1.2 PROBLEM STATEMENT 2
1.3 RESEARCH QUESTION 4
1.4 RESEARCH OBJECTIVES 4
1.5 SCOPE OF STUDY 4
1.6 SIGNIFICANCE OF RESEARCH STUDY 5
METHODOLOGY: 7
INTRODUCTION: 7
TYPES OF DATA: 7
RESEARCH APPROACH: 7
3.1. Quantitative method: 7
3.2. Qualitative method: 8
RESEARCH PROCEDURE 8
4.1. Questionnaire: 8
4.2. In- depth interviews: 9
4.3. Literature review: 10
Data collection method: 10
Data analysis method: 11

CHAPTER 3 11
3.1 LITERATURE REVIEW 11

CHAPTER 4 19
4.1 MAJOR FINDINGS 19

CHAPTER 5 19
5.1 CONCLUSION BASED ON RESEARCH FINDING 19
5.2 SUMMARY AND FUTURE RECOMMENDATION 20
5.3 TABLES AND BIBLIOGRAPHIES 21
CHAPTER 1

1.1 INTRODUCTION

The Federal Constitution is a social contract that our forefathers have signed years ago.
The constitution provides Article 153 that laid down special privileges to Bumiputera, a group of
people which is from Malay and natives of Sabah and Sarawak. In the provisions, special
privileges were given to the Bumiputera in many aspects and sectors including the education
sector. In most cases, we can see that most universities will reserve more quotas for university
admission for Bumiputera. However there were universities that only for Bumiputera, for
example Universiti Teknologi Mara (UiTM). Other than university admission, some scholarships
also have quotas for Bumiputera or only Bumiputera can apply for that scholarship.

This policy was seen as unequal to other races such as Chinese and Indian. Some people
said that this policy was to favour the Bumiputera. Then, issues arose between Article 153,
Article 12 and Article 8 of the Federal Constitution. The special privileges in education that were
provided for Bumiputera claimed to be contradictory with two fundamental rights, that are
equality and rights in education. For instance, in Article 8 stated about equality were
fundamental rights and cannot be deprived because of races and this is same with Article 12, that
is education were fundamental rights and cannot be deprived because of races. However Article
153 provides special privileges to Bumiputera and this existence of this provision relates to the
history of establishment of our federation.

This research studied on equality of ethnicities in respect of education in Malaysia. In

addition, this research also explained and emphasized the reason for the existence of Article 153
even though it was contradict with Article 8 and Article 12 of the Federal Constitution. Other
than that, this research explained the reasons of this policy applied in education especially for
university admission and application of scholarship. For instance, refer to UiTM policy that they
only accept Bumiputera students. Their university policies were also studied and explained in
this research to make it clearer that their policies were related to the history and needed to be

1
safeguarded. Thus, some people argue that the policy is outdated and freedom of education in
Malaysia was just a myth. In conclusion, this research proposal emphasizes the education sector
in Malaysia and the equality of ethnicities.

1.2 PROBLEM STATEMENT

In 2019, Malaysia’s total population is 32.7 million people with 90.2% citizens and 9.8%
is non - citizens. The Malays and natives of Sabah and Sarawak were called bumiputera and they
are the majority ethnics, which is 68.88% among the citizens in Malaysia. The bumiputera
consist of 58.7% Malays and 4.13% is from other natives. Furthermore, the other ethnics such as
Chinese and Indian were called non bumiputera. The percentage of Chinese among the
Malaysian was about 25.56% and the Indian were 6.73%.

The diversity of ethnics in Malaysia is unique but to maintain peace, the government
needs to treat all ethnics with just and equal treatment so there will be no feud between ethnics.
The Federal Constitution protects the fundamental rights of all Malaysian, but there are some
conflicts that arise between the equality, rights in education and special privileges for Malays
and natives of Sabah and Sarawak. Moreover, we can see that most education institutions in
Malaysia will have ethnic quota and normally will privilege the bumiputera. Some will claim it
as not equal and against some fundamental rights.

To ensure equity in university admission, an ethnic quota system in proportion of 55:45

percent for bumiputera and non bumiputera students was introduced by the National Operations
Council (NOC) after the 1969 racial riots (Lee, 2012). Quotas and scholarships were given
particularly to the majority ethnic group, bumiputera, in order to improve their opportunity to
enter universities. In 2002, this ethnic quota system was stopped and admission to university was
based on a meritocracy. Critics of such policy aiming to socially re – engineer a society through
a quota system are inevitable – (Fogel, 1966), (Pong, 1993 & 1999), (Lee, 2012) and (Bakar,
2014). Accusing the government of favouring the bumiputera, the blunder between the politics of

2
education and the economics of education has been a contentious issue in Malaysia’s social
landscape (Joseph, 2008; Brown, 2007).

Issue regarding the admission to enter Universiti Teknologi Mara (UiTM) arose when the
University’s former pro – chancellor, Tan Sri Arshad Ayub said that UiTM should open its doors
to non – bumiputera for its post – graduate programmes. He also claimed that Malaysia had
reached a stage in its history when it was now appropriate for UiTM to accept students of all
races. Some parties agree to this purpose but some other parties do not agree with it. For
instance, the university’s vice – chancellor Emeritus Professor Datuk Dr Hassan Said does not
agree to Tan Sri Arshad Ayub and he said that there is no need to open UiTM to non –
bumiputera. In addition, he said the policies and initial goal of UiTM remain relevant today
because there are still many from the rural areas and underprivileged who still need UiTM.

The policies of UiTM’s admission were said against the Article 8 and 12 of the Federal
Constitution. But, Article 153 of the Federal Constitution provides the privileges and reservation
of quota for Malays and natives of Sabah and Sarawak. Therefore, research is necessary to study
from all aspects to ensure Article 153 of the Federal Constitution does not discriminate against
other races or ethnics in Malaysia especially in the education sector.

3
1.3 RESEARCH QUESTION

1) What is the purpose of Article 153 of the Federal Constitution in Malaysia?

2) Does Article 153 of the Federal Constitution can be claimed against the Fundamental Rights
in respect of education?

3) Is Malaysia’s Freedom of education and equality a myth?

1.4 RESEARCH OBJECTIVES

1) To clarify the importance of Article 153 of the Federal Constitution

2) To identify any discrimination that exist in the context of article 153 of the FC relating to
education

3) To identify the relevancy of a race-based policy in education in Malaysia

1.5 SCOPE OF STUDY

The research mainly focuses on exploration and facts-finding of the correlation between
equality of ethnicities in right of education and the special privileges given to the Bumiputera’ in
respect of education.
The study conducted in the scope of Malaysia only as there were issues arise which in the
view and opinion of the people of Malaysia because of the existence of Article 8 and 12 which it
presents the prospect that in terms of education it must be free from any bias and discrimination
but Article 153 seems to be inconsistent. This brings to this research to explain the constitution
as it needs critical analysis and examination to explain the system existed.
Researchers have taken extra approaches to explain the history of development of the
system of which can explain the reason behind the giving of such position and privileges to the
Bumiputera specifically through the Reid Commission Report and law such as Federal
Constitution particularly on Article 8,12 and 153 to evaluate the connection between Article and

4
together with Uitm MARA Act 1976. Researchers have taken the consideration as well to study
the existence of ‘Race-based policy’ in much more in- depth examination that can clarify and
fulfill the research objectives.
Subject to the research involved with targeted audiences which are students and
academicians. As the title of the research involved with the study of equality of ethnicities in
respect of education in Malaysia, the researchers are vowing to view a different angle of students'
view of point and in comparison with academicians view of point, where academicians are much
more knowledgeable, competent and proficient.

1.6 SIGNIFICANCE OF RESEARCH STUDY

This research proposal studies equality of ethnicities in respect of education in Malaysia.

The significance of this research proposal is it explains well regarding the issue that arises
between Article 8, 12 and 153 of the Federal Constitution. Issue that arose was inconsistency of
those articles, which is Article 153 provides special privileges to Bumiputera in respect of
education contradicting Article 8 which is equality and Article 12 which is freedom of education.
Most of the other research proposals do not emphasise Article 12 in comparing the equality
among the ethnic in Malaysia. Until 2018, a suggestion was given to UiTM to open its admission
to non – Bumiputera students. This suggestion caused many conflicts and opinions were pointed
out until some people relate to racism and favour some ethnics.

Due to that situation, this research proposal will recap from the history of UiTM policy,
Federal Constitution and the reasons for the existence of Article 153. By explaining those
provisions from its root will make it clearer and understandable. People that read this research
proposal will understand better the reasons for the existence of Article 153. The existence of
Article 153 of the constitution more likely relates to the history of establishment of Malaysia.
The Reid Commission Report provides that there should be a provision in the constitution
safeguarding the special position of the Malays and Native of Sabah and Sarawak as they are the
host of this country. However in the same time, the report also provides to care the legitimate
interest of other communities. Mr Osman, former Johor Chief Minister said that safeguarding the

5
Bumiputera privileges is important in maintaining stability as to maintain the history and identity
of our country. Duty to safeguard the Bumiputera privileges is under power of the Ruler.

Next, this research proposal also explained the relevance of race based and close door
policy that applied by some universities. For instance, UiTM only accepts Malays and Native of
Sabah and Sarawak. This policy cannot be said as racist or unequal because the fundamental
rights provided in the Federal Constitution are not absolute. Article 8 and 12 of the constitution
is the general rules, but they have an exception. For example, in this case Article 153 is the
exception and must be cross referenced in reading those provisions. Among reasons UiTM apply
the close door policy is to help the poor Bumiputera students to have opportunity to pursue their
education.

The other significance of this research proposal is to emphasise that there is no

discrimination caused by Article 153. Even though Bumiputera were given the special privileges,
fundamental rights and welfare of other races were still given and cannot be deprived without
necessary reasons. As stated before, Article 8 and 12 of the Federal Constitution is general rule
and the exception is Article 153. There were other provisions that are exceptions to fundamental
rights but did not relate to this research proposal to mention. Other ethnics should understand
well regarding this issue so that no unreasonable opinion relates to these provisions and policies.

This research proposal is to educate all Malaysians regarding this issue and not seeing it
as a negative thing or assume it as racist. In this research proposal also will explain the
opportunity given to non – Bumiputera instead of only favouring the Bumiputera. In addition, all
Bumiputera cannot take advantage of special privileges given to them. In conclusion, this
research proposal discuss, explain and emphasise to make sure all Malaysians especially students
understand Article 153 of the Constitution and not say it as discrimination or racist because this
issue is very sensitive and not true. Not all universities strictly apply this policy and the
government did not deprive fundamental rights of non – Bumiputera. The existence of Article
153 of the Federal Constitution mostly relates to the history of establishment of Malaysia and to
safeguard the position of Bumiputera as the host.

6
CHAPTER 2

METHODOLOGY:

1. INTRODUCTION:

This chapter is involved with the process of research of methodology used in

investigating and analysing the existence of equality in the education system in Malaysia. In
more details, the authors have provided an outline of the research approach, research procedure,
data collection and data analysis.

2. TYPES OF DATA:

Authors used both primary sources and secondary data. As for primary data, the study
data involved such as field work of interviews, legislation, survey (questionnaire). As for
secondary sources, researchers used journal articles, books and internet sources.

3. RESEARCH APPROACH:

For this purpose of research, quantitative method and qualitative method was used to
carry out the study. Under the quantitative method, the study has adopted a survey research
questionnaire as a way to collect data. The survey was created in ways to analyze the people’s
view and opinions over the existence of equality in the education system in Malaysia.
Furthermore, this research also has taken a more in-depth approach. Under qualitative methods,
an interview with authorities was carried out as a way to discuss more extensively and
thoroughly over this study of the research.

​3.1.​ ​Quantitative method:

In quantitative method, a survey was conducted by producing a set of questionnaires in the form.
The questionnaire produced based upon discussion was carried out to make sure that the
questions is incline with the purpose of the research’s objectives which later can contribute more

7
in collecting data. Quantitative method enables the standardization and comparability of the date
across respondents, increases speed and accuracy of recording, and facilitates data processing
(​Naresh K. Malhotra,2006)​.

​3.2.​ ​Qualitative method:

A process of interview has been accomplished through a structured interview. Structured

interview help possessed specific and definite responses from the respondent as the questions
provided are specific and offer a range of different views and answers. The question provided in
the interview has been prepared beforehand and the same for every respondents.

4. RESEARCH PROCEDURE

4.1. Questionnaire:

The first procedures used to carry out in this study is a questionnaire method. The
method was accomplished through careful analysis and in-depth discussion to
make sure that the set of the questionnaire produced is incline with the objective
of the research. The questionnaire involved 7 items of questions and the
respondents were given multiple choice questions and short answers. The multiple
choices come with ‘Yes’ and ‘No’. The survey was given to 20 until 30
respondents which involved undergraduate students and lectures of Universiti
Utara Malaysia within 4 weeks. The survey was distributed thoroughly in the
University regardless of the faculties. The survey has 6 questions which can be
answered within 8 minutes or less. The survey was conducted online using
‘Google Form’ platform. The questions provided aimed at determining whether
the education system specifically higher level education in Malaysia is equal for
everyone regardless of races.

8
No Proposed survey questions (Google Form) Type of
questions

1. Age, Gender, Race, Occupation

2. Do you know about the Bumiputera’s privileges given in Article Yes/No

153 of the Federal Constitution ?

3. Do you know that Bumiputera’s privileges were also applied in Yes/No

education especially during intake to government universities?

4. Is it fair in the establishment of public universities to give special Yes/No

admission to Bumiputera’s only (UiTM) and other universities
admissions based upon a quota?

5. Do you agree if education in Malaysia should be equal and no Yes/No

privileges given to any races?

6. 1. If you choose ‘Yes’, why do you agree that there should be Short answer
no privileges given in respect of education

2. If you choose ‘No’, why do you think that the privileges

should be given to Bumiputera.

7. In your opinion, why does Malaysia enforce racial quota in Short answer
university admissions?
Table 1.1 Proposed survey questionnaire.

4.2. In- depth interviews:

The second procedure used to conduct this research is through in-depth structured
interviews. The purpose of interviewing is to dive deeper into critical analysis of
the issue of the causes of inequality from Article 153 and seek for people’s view
and thought over the education system in Malaysia. This interview was carried
out involving a number of people indirectly to capture their standpoint and
perspectives towards Malaysia's educational policy. The interview involved five
people in a different field which three of them are students of different races (one
malay, one indian, one chinese) and two academicians. The interview questions

9
 provided mainly focus on finding answers to the impact of educational policy
toward ethnicity and national integration specifically on the issue of the intake of
non-bumis students in public universities. The interviewees who are academicians
from Universiti Utara Malaysia were selected, the first interviewee is a lecturer
from school of law and the second interviewee is a lecturer from school of
business. As for the student, the first interviewee who’s a malay was selected
from Universiti Teknologi Mara (UITM) student, the second interviewee who is a
chinese is a student from Universiti Utara Malaysia and third interviewee is an
indian is also a student from Universiti Utara Malaysia.

4.3. Literature review:

Researchers have broadly and intensively reviewed a list of previous research

regarding the issue of equality of ethnicities in respect of education in Malaysia.
This brought to discovery of law analysis such as Article 8,12 and 153 of Federal
Constitution and Uitm MARA Act 1976. Furthermore, books, journal articles,
internet sources were also taken into examination and careful analysis that can
help to achieve the research objectives. Besides the discovery of law involved, the
researchers are also able to find other legal issues that are related to the research
topic. Thereafter, researchers are able to develop ideas to provide a
recommendation that can tackle the issue.

5. Data collection method:

Method used in collecting data is through quantitative method which is through survey
and data was also collected through the use of qualitative method. The research procedures used
in qualitative methods are through interview and literature review.

10
 6. Data analysis method:

Data collection which involves literature review which is a fact and followed by
observation through field work conclude that the use of both qualitative and quantitative methods
allowed the researchers to find answers to the research objectives. Data that has been collected
then must be analyzed as it is important to enable collected data to tackle the research problems
before the data collected can be fully stated that the data fulfilled the research objectives. The
method used to analyse data is content analysis. This method can be used to systematically
analyse field work that is involved written and orally as well as literature review or any
documentation as a way to collect data. Content analysis is a method that is widely used in the
area of social sciences. Content analysis method used to separate each of data into categories and
later coded. In qualitative methods, the analysis of the data will take place by categorizing
concepts, terms or themes and from the analysis analyst will make inferences based on the
patterns from the categorizing of data. As for quantitative methods the analysis will take place by
using a coding scheme that can determine a hypothesis. The result will then be transferred using
statistics (J.W, n.d)​.

11
CHAPTER 3

3.1 LITERATURE REVIEW

Introduction

This part will be focusing in term of history and concept of discrimination based on the
variation of ethnic and the existence of special privileges in Malaysia. This will be achieved by
reviewing and comparing different type of scholarly journal articles, academic books and
research study and to gain knwoledge on racial discrimination in Malaysia. Then, all these
sources will be studied thoroughly in order to find similarity and contrast on different case study
globally. All the good thoughts and findings will be brought together and related with this study
to provide a clear understanding on this issue. To be precise, the purpose of this literature review
is to compare the study and correlation on ethnicity, education and discrimination in Malaysia.

Theory and Concept of Protective Discrimination

Based on Dicey theory, every citizen is the same and equal in the eyes of the law but
somehow this theory has now been opposed by different countries all around the world This
happened with the incoming of social, economic and political conflicts and the existence of
multiracial countries. In the 20th century, a new belief started to come out1 in the law of
constitution, which dismissed the concept of equality. Special treatment needs to be given to
certain races to produce balance in terms of wealth and poverty. (Kamal Halili Hassan 1990).
The same concept would be applied in Malaysia as when equal treatment and opportunities are
given, the Malays will be receiving the bad effect of it. Before the special privileges, the Malays
had been far behind in the economy compared to other races2 that continued to dominate the
economy. (Hashim Yeop Sani 1973).

1
​ Kamal Halili Hassan, 1990. Konsep Diskriminasi Perlindungan Dalam Perlembagaan Malaysia. Bangi: Fakulti
Undang-Undang, UKM.
2
Hashim Yeop A. Sani, 1973, Perlembagaan Kita. Kuala Lumpur: Malaysian Law Publishers Sdn. Bhd

12
 According to Nazri Muslim, he simplify the use of protective discrimination for the
following reason ; to rectify the political imbalance in a country, with multi-racial and
independent nature, to ensure that the minority can be defended from being swamped by the
majority for the constitution to prioritises the groups that have savoured and relished the special
position before. The aim is so that any drastic change does not take place when the constitution is
brought to the centerstage. A specialty that has long been enjoyed if it were taken away, can of
course ignite the fury of the particular group. Besides, it also gives the opportunity for the
under-developed to compete with the developed one. To add on, the Constitution also already
provides some give and take to compromise among groups such as giving other exclusive rights
to the non-privilege group. ( Nazri Muslim, 2012).

Analysis of Article 153 of the Federal Constitution

Article 153 of the Federal Constitution gives the power to the Yang Di-pertuan Agong to
protect the position of Bumiputera (the Malays and native of Sabah and Sarawak) by giving them
special privileges such as in providing special quota in civil service, scholarship and in public
education. As the Federal Constitution was drafted based on the Reid Commission Report, so is
Article 153 in it. Reid Commission fully emphasized that "provision should be made in the
Constitution for the safeguarding of the special position of the Malays and the legitimate
interests of the other Communities'.3" The commission then put focus on four matters as to the
establishment of the special position which give privileges to the Bumiputera which is on the
land, quotas in admission of public services, quotas in issuing license or permits for operation of
certain business and on the scholarship and special aid for educational purposes.

However, in an article which discuss on the dilemma of the framers on the drafting of the
constitution, this provision were said to become controversial and raise debates among the
political community during it early establishment (Joseph, 2004) Article 153 of the Federal
Constitution were said to be in conflict with article 8 of the Federal Constitution which focused

3
Adam, Ramlah binti, Samuri, Abdul Hakim bin & Fadzil, Muslimin bin (2004). Sejarah Tingkatan 3. Dewan Bahasa dan
Pustaka

13
on equality among the citizens4. It was acknowledged by the political group that the Malays need
help as they have been left far behind in terms of economy compared to China and Indian.

Meanwhile, according to Pillay, the implementation of the special privileges given to

Malays and native, to be specified in the article 153 of the Federal Constitution, only widened
the gap between the rich and the poor5. Special class of Malays gain the benefit6 from it except
on the scholarships and employment quotas making it run from its original purpose of benefiting
the Malays to a small special class, coterie or elite. (Milne, 1976). It was said that to talk on the
issue of ethnic discrimination7, the issue of inter-ethnic inequalities has to be dealt first.
(Sundaram,1989)

In another research paper which talk about the correlation between article 153 of the Federal
Constitution and the human rights8. The provisions in the constitution were said to cause strained
relationships among the diversity of ethnic in Malaysia (Adam, 2010). For example, during the
1969 riot between the Indians, Chinese and Malays, the Indian and Chinese were said to question
the exceptional privileges given in article 153 of the Federal Constitution. However, the
existence of these privileges were protected by article 10(4) of the Federal Constitution which
rendered it illegal for any political community to question article 153 of the Constitution under
the sedition act.

An article by Nazri Muslim discussed on the concept of socialising the constitution which
means that instead of looking at the legislation aspect, the citizens need to have an exposure of
the constitution from the political, historical, religious,cultural, and ethnic relation aspect. Based
on this special protection of the article, it was proven that Article 153 is crucial in order to ensure
that the Bumiputera will not be left behind in terms of economy and create balance in the society,
the position of the Malay Rulers as the symbol of unity can also be maintained.

4
Joseph M. Fernando (2015) Special Rights in the Malaysian Constitution and the Framers' Dilemma, 1956–57, The Journal of
5
Pillay C. Trends in Ethnic Relations. Yong Mun Cheong (ed.) (1974) in Trends in Malaysia II, Proceedings and Background
Paper, Singapore: Singapore University Press, 1974.
6
Milne SR. The Politics of Malaysia’s New Economic Policy, Pacific Affairs, 1976; 49(2):235-262
7
Sundaram, Kwame Jomo, Malaysia's New Economic Policy and National Unity, Third World Quarterly, 1989; 11(4):36-53
8
Adam, K. (2010). Article 153 of Malaysia’s Constitution and the Human Right to Non-Discrimination. Retrieved June 17, 2020,
from https://www.grin.com/document/267616

14
Analysing Article 8 and Article 12 of the Federal Constitution

Article 8 of the Federal Constitution is equality and in this provision, every person
entitled to the equal protection of the law regardless of their religion, race, descent, place of birth
or gender. Next, Article 12 of the Federal Constitution provides freedom of education. Any
person cannot be deprived from this freedom regardless of his or her religion, race, descent or
place of birth. Both of the provisions are fundamental rights provided in the Federal Constitution.
However, these fundamental rights are not absolute and they have limitations and exceptions.
There is no discrimination if these fundamental rights are limit to some extend with necessary
reasons.

For purposes of this research proposal, Article 153 of the Federal Constitution is the
exception to Article 8 and Article 12. In reading Article 8 and Article 12, readers also need to
cross refer with Article 153 which is special privileges for education were provided for
Bumiputera students. In this situation, it cannot be said discrimination to non – Bumiputera
because reader should refer to the Reid Commission Report that was contribute in establishment
of Malaysia. Stated that in that report, the ruler under his power has the duty to safeguard the
special privileges for Bumiputera. The Reid Commission Report were agreed by other races at
that time and they did not relate it to any discrimination issues.

As stated in Section 1A of UiTM Act, the provisions were established in accordance with
Article 153 of the Federal Constitution, which is not against the Federal Constitution as the
Supreme law of the land. In Section 1A, only Bumiputera students are accepted to study in
UiTM. Even though some people claim it as discrimination, but it is not. The non – Bumiputera
are still given the freedom of education and equality in education but with some exception. The
actual reason UiTM apply this policy is to help the poor Bumiputera students to make sure that
they can further their studies to a higher level.

However, there are many other non – Bumiputera that is poor and intelligent but does not
have the opportunity to further their studies. Some people claim that the government did not
consider this issue and it is discrimination to them. They also claim that this policy is outdated

15
because some Bumiputera that are wealthy and got average grades are still accepted to further
study in UiTM. In conclusion, even though there were a little bit difference of treatment in
education to Bumiputera and non – Bumiputera, they cannot strictly claim it as discrimination
because Article 153 is establish by agreement made during The Reid Commission Report and all
races were agreed with it. Other than that, the close door policy provided in Section 1A of UiTM
Act is not against the Federal Constitution. Fundamental rights given by the Federal Constitution
are not absolute and must be cross referred with other provisions.

In light of discussion, according to law, there is no discrimination exist in the context of

Article 153 relating to education. But according to moral, there is a bit of discrimination since
poor non – Bumiputera with great results does not have the same opportunity with poor
Bumiputera. Something must be done to make sure that every individual has the opportunity to
further their study in dreamt universities regardless of their races.

Analysis of race-based policy:

During the era of the 1970s, the New Economic Policy (NEP) was applied in Malaya
which was caused by a racial riots that happened in 1969. NEP was regarded as a mission and
vision which can help achieve the objective of eliminating poverty regardless of race and
elimination of race identification in the economy (Lee, 2012) ​and NEP is considered to be an
affirmative action to bring every race into unity. One of the mission of NEP to achieve the
improvement of the political economy is by advancement of education. Under the NEP,
Malaysia had taken the alternatives to build and create a new secondary and tertiary education
level with an implementation of race-based quota. The establishment of education programmes
was supported by ​Majlis Amanah Rakyat (MARA) by providing 67% of a budget for the purpose
9
. The new tertiary education level and secondary school establishment was centralised under the
government unit (Lee, 2012). Besides the alternatives to build a school and tertiary education
level, NEP also has taken in consideration by introducing a quota policy. With the

9
​Lee, H. A. (2012). Affirmative action in Malaysia: Education and employment outcomes since the 1990s. ​Journal of
Contemporary Asia,​ ​42(​ 2), 230-254.

16
implementation of the quota policy then later helped the Bumiputera reserved 60%10 of its
admissions into public universities (​Jamil, H., & Raman, S. R., 2012​).

According to NEP, implementation of race-based policy11 is to ‘correct the past

distortions of ethnic imbalances’ (​Ali, I.,2016). This resulted in the NEP implementation of
quota policy in tertiary education admission to make an incredibly good result. According to
PONG (1999) ​before the implementation of NEP, the number of Bumiputera furthering their
studies in higher education level is low especially in important fields such as science and
engineering12. Therefore, the enactment of a quota system under NEP showed impressive results
in which nearly three-fifths13 of Bumiputera students have been admitted into public universities
and only one-third chinese (​Cheong, K. C., Hill, C., & Leong, Y. C.,2016) and within a period of
times because of the preferential policies or the quota system was put in use, Malay’s educational
advancement is finally caught up and in line with the Chinese education.

As the study continues, researchers find it important to provide the definition of

Bumiputera. According to the Ministry of Higher Education, Bumiputera comes with three
different categories of ethnic of different regions in Malaysia (​Ali, I.,2016).

1. Peninsular Malaysia: ‘if one of the parents is Muslim Malay or Orang Asli as
stated in Article 160 (2) Federal Constitution of Malaysia, the children are to
be considered as Bumiputera’

2. Sabah: ‘If the child was born in Sabah or the father was domiciled in Sabah at
the time of birth, and one of the parents is indigenous natives of Sabah as
stated in Article 161A (6)(b) Federal Constitution of Malaysia; thus, his child
is considered as a Bumiputra’.

10
​Jamil, H., & Raman, S. R. (2012). Malaysian educational policy for national integration: Contested terrain of multiple
aspirations in a multicultural nation. ​Journal of Languages and Culture​, ​3​(1), 20-31
11
​Ali, I. (2016). Affirmative Action in Higher Education: The Malaysian Experience. ​Asian Journal of University Education​,
12​(1), 83-104.
12
​Pong, S. L. (1999, November). Ethnicity and schooling in Malaysia: The role of policy. In ​International Seminar on
Educational Strategies, Families, and Population Dynamics.​
13
​Cheong, K. C., Hill, C., & Leong, Y. C. (2016). Malaysia's education policies and the law of unintended consequences.
Journal of International and Comparative Education (JICE),​ 73-85.

17
 3. Sarawak: ‘If both parents are indigenous natives of Sarawak as stated in
Article 161A (6)(a) Federal Constitution’14.

According to Mohd Nahar (2016), the quota provided for Bumiputera and
non-Bumiputera admission to public universities was introduced by National Operations Council
(NOC) in 1969 after the event of racial riots is a ratio of 55:4515 percent. The ethnic quota system
continues until in the year of 2002 where opportunities for non-Bumiputera to enter into a public
universities become lenient and is based upon meritocracy (Mohd Nahar,2016). The cause of
such action was generated from the issue of accusing the government favouring the Bumiputera.

The study later comes to a question about the relevance of having a race-based policy in a
public university. As mentioned above, starting from 2002, admissions to the public universities
are based upon meritocracy. Meritocracy is a system of which ‘positions and goods in a
population or society are distributed solely according to individual merit’ ​(Alatas, 2019).
Therefore, race-based policy in admissions to public university is now based on individual merit
and not upon races-based. According to the Department of Statistics Malaysia press release, the
population of Malaysian based on ethnic group in 2019 involved a higher percentage of the
majority group which is the Bumiputeras with 69.3% while the Chinese with 22.8% and the
Indians with 6.9% and others with 1.0%16. Therefore, there is no doubt that the majority of
students which are Bumiputeras in public universities will be rated higher than other races
admitted into the university.

As for UiTM admissions, matriculation programs admissions there are more than a quota
system, it was preserved as a platform to give a position to the Bumiputeras. Happened to be last
year of 2019, former Minister of Education, Dr Maszlee Malik announced the retaining of 90 per
cent of Bumiputera admissions quota and given that 10 per cent belongs to non-bumiputera. In
the early 1970s, as mentioned above, NEP came out with a solution to provide education for

14
​Ali, I. (2016). Affirmative Action in Higher Education: The Malaysian Experience. ​Asian Journal of University Education​,
12​(1), 83-104.
15
​ARSHAD, M., & BIN, M. N. (2016). Return To Education By Ethnicity: A Case Of Malaysia. ​International Journal of
Economics & Management,​ ​10(​ 1).
16
​Department of Statistics Malaysia, Official Portal: The Source of Malaysia’s Official Statistics (July,2019). Current Population
Estimates, Malaysia, 2018-2019.

18
Bumiputera starting with the implementation of secondary school known as the Bumiputeras
residential science colleges (Lee, 2012) which can help improve the amount of students in the
field such as science and engineering. The only objective to such implementation was to improve
the economic life of the Bumiputeras. The retaining the percentage of admission into
matriculation programme was supported with respected individual such as vice-chancellor of
Universiti Malaysia Sarawak, Universiti Utara Malaysia, Universiti Putra Malaysia, Universiti
Teknologi Mara (UiTM), Universiti Sains Islam Malaysia and dean professor of Universiti
Kebangsaan Malaysia. All of these individuals agreed and provided the same reasons and
explanation to why they agreed upon such action which are to protect the fate of bumiputera and
develop their potential as well as they also believe that equality in education is always being
protected because some intake into matriculation programme for the admissions of
non-bumiputera go beyond the quota preceded (Mustafa, 2019).

To conclude, there is equality in respect of education in providing equal education

regardless of races. Public universities are no longer using a race-based policy but a meritocracy
system. As for the admissions of UiTM as well as matriculation programmes both are institutions
that were built and created to develop the potential of the Bumiputeras. As mentioned above,
despite the percentage of the admission of non-bumiputera into the programmes is only 10 per
cent, the intake of the non-bumiputera still goes beyond the quota percentage.

19
CHAPTER 4

4.1 MAJOR FINDINGS

CHAPTER 5

5.1 CONCLUSION BASED ON RESEARCH FINDING

5.2 SUMMARY AND FUTURE RECOMMENDATION

Researchers hope that with our detailed research on the equality between different ethnic in
respect of education, the community will be more aware of the history, concept, issue and the
importance of the special privileges given to the Bumiputera. Even though some parts of the
Constitution may be beneficial to the Malays, the community needs to know that there are also
allocations for the non-Malays. As an example, Islam were declared as the federal religion but
the Consitution allowed non-Muslim to practice their religion in peace and harmony.
Furthermore, it is a requirement for all citizens to learn Malay Language but there is no
prohibition for everyone to teach and learn any other language. The same thing applies in the
provision on the special rights of the Malays and Sabah Sarawak which is stabilized with the
protection of others’ right from being taken away.

The citizens of Malaysia shall take note of the deathly riots on the 13th May. The incidents
sparked because of some irresponsible parties that try to spark the feeling of suspicion and
spiteful among races, and also challenge the sensitive issue to make use of this racial sentiment
during the election season in 1969. Fear and anger were created and instilled by bringing up the
necessity of the usage of Malay Language and the special position of Bumiputera and thus,
bringing up a sense of insecurity and threat among the Malays that were left behind in economy
and education.

In order to create an identity for Malaysia, it is important for the traditional element to be
implemented in the pillar of the Constitution. The social contract that was agreed by everyone
became one of the formulas for the Constitution, and thus a clear understanding of it needed to

20
be instilled in the heart of modern society. The government can implement the Social Contract
Awareness program in order to give proper knowledge to the younger generation from different
races to understand the history and the importance of the social contract. The National Unity
Department, the National Integration with government agencies, NGOs, private agencies and all
the community may cooperate to make this work. To add on, any legislation or any matter
relating to the special position of Bumiputera need to be done without any secrecy to avoid any
person to feel unsatisfied. The rationality of the issue can be accepted by the students after being
given proper awareness and education of it. They are able to make decisions without having
being in a tight spot because of pressure by the society in their surroundings. By creating this
awareness, the students will be able to understand the content of the Constitution and are able to
make decisions wisely and become a great future leader.

21
5.3 TABLES AND BIBLIOGRAPHIES

Adam, Ramlah binti, Samuri, Abdul Hakim bin & Fadzil, Muslimin bin (2004). Sejarah
Tingkatan 3. Dewan Bahasa dan Pustaka

Adam, K. (2010). Article 153 of Malaysia’s Constitution and the Human Right to
Non-Discrimination. Retrieved June 17, 2020, from
https://www.grin.com/document/267616

Ali, I. (2016). Affirmative Action in Higher Education: The Malaysian Experience. ​Asian
Journal of University Education​, ​12​(1), 83-104.

Alatas, S. F. (2019, May 23). ​Against The Grain: Education and meritocracy .​ Didapatkan
dari The Edge Markets:
https://maa.theedgemarkets.com/article/against-grain-education-and-meritocracy

Bari, A. A. (2009). ​Constitution of Malaysia Text and Commentary (3​rd ed.)​. Selangor,
Malaysia: Pearson Malaysia Sdn Bhd

Cheong, K. C., Hill, C., & Leong, Y. C. (2016). Malaysia's education policies and the law
of unintended consequences. ​Journal of International and Comparative Education
(JICE),​ 73-85.

Department of Statistics Malaysia, Official Portal: The Source of Malaysia’s Official

Statistics (July,2019). Current Population Estimates, Malaysia, 2018-2019.

Defending Malay, Bumiputera rights not racism, says Johor Chief Minister. (2019).

Retrieved On 17 June, 2020 from

https://www.todayonline.com/world/defending-malay-bumiputera-rights-not-racis
m-says-johor-chief-minister

22
Hashim Yeop A. Sani, 1973, Perlembagaan Kita. Kuala Lumpur: Malaysian Law
Publishers Sdn. Bhd

Joseph M. Fernando (2015) Special Rights in the Malaysian Constitution and the Framers'
Dilemma, 1956–57, The Journal of

J.W, J. A. (n.d). ​Communication Research Methods; Methods of Data Analysis. Retrieved

from:Academia.edu:
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Jamil, H., & Raman, S. R. (2012). Malaysian educational policy for national integration:
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Kamal Halili Hassan, 1990. Konsep Diskriminasi Perlindungan Dalam Perlembagaan

Malaysia. Bangi: Fakulti Undang-Undang, UKM.

​Lee, H. A. (2012). Affirmative action in Malaysia: Education and employment outcomes

since the 1990s. ​Journal of Contemporary Asia​, ​42​(2), 230-254.

Milne SR. The Politics of Malaysia’s New Economic Policy, Pacific Affairs, 1976;
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​Mustafa, Z. (2019, May 29). ​Public Varsities support matriculation quota.​ Didapatkan
dari New Straits Times:
https://www.nst.com.my/education/2019/05/492271/public-varsities-support-matric
ulation-quota

23
Pillay C. Trends in Ethnic Relations. Yong Mun Cheong (ed.) (1974) in Trends in
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Pong, S. L. (1999, November). Ethnicity and schooling in Malaysia: The role of policy. In
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World Quarterly, 1989; 11(4):36-53

Shaari, M. N. G. (2011). Wither the bumiputera identity of Universiti Teknologi MARA

(UiTM). ​Kajian Malaysia​, ​29​(2), 67-89

24