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Professor Datuk Dr Jayum JawanAdvertisement
Letter to the Editor
By Prof Datuk Dr Jayum Jawan
Bumiputera status has been a controversial. Some view it as discriminatory. Others question why the majority needed to be protected. Usually, it is the minorities that need protection against powerful majority.
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Article 153 (1) of the Federal Constitution states that: It shall be the responsibility of the King 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….
The phrase “the natives of any of the states of Sabah and Sarawak” was added in 1963 when the Federation of Malaysia was formed. The Malay special position was then “extended” to the natives in Sabah and Sarawak.
For the purpose of being classified “bumiputera”, Article 161A (7) lists the ethnic groups who are to be treated as natives and therefore are to enjoy the same special positions as the Malays of the Peninsular.
But the reality is far from that. A large number of Dayak natives are not only displaced politically but also marginalised economic.
The special position of the Malays is part of an agreement reached between the Malay, Chinese and Indian communities when the Federation of Malaya was formed in 1948. That package later became known as the “social contract”.
The existence of this “contract” is an issue itself. There are those who pointed to the existence of this while there are others who said it did not exist.
Nonetheless, according to historical development, there are five key elements in this “social contract”. Four others are namely, agreement as to: (1) citizenship based on jus soli, (2) Malay language as the official language, (3) Islam as the religion of the Federation, and (4) the position of the Malay rulers.
Collectively, these are frequently referred to as the terms of the “social contract”. These are entered into Articles in the Federation of Malaya then and later formed part of the Constitution of the Federation of Malaysia that was revised from the former.
The “social contract” and especially the special position of the Malays and the natives of Sabah and Sarawak needs to be revisited.
This is necessarily to address flaws and weaknesses as many natives of Sabah and Sarawak have not especially benefitted from the provision. Even among the Peninsular Malays, the provision needed to be strengthen because what they had attained are not sustainable.
The constitutional provision neither exclude nor prevented the non-Malay and non-natives because the same article that guarantees this special position of the Malays and natives of Sabah and Sarawak also guarantees “…the legitimate interest of ‘other’ communities….
It is good that a member of the marginalised Dayak community takes a keen interest in championing issue that cuts across ethnic divide.
But take note that the non-Malay and non-natives are already well represented by having six Chinese and one Indian in the Federal Cabinet.
In Sarawak they have two full ministers including one a deputy premier who have the strong backing of their community.
If Parti Bangsa Dayak Sarawak (PBDS) is going to make some impact in the next general elections, it is wise for the party to come up with strategic issues that could draw upon the support of its community, the Dayak community.
The Malay and Melanau as well as the Chinese communities are well taken care of and have credible leaders that both federal and state leaders are listening to.
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Prof Datuk Dr Jayum Jawan is currently a Fellow of the Academy of Sciences Malaysia and at the Institution of Malay Rulers Chair at UiTM, as well as an Adjunct Professor with the Institute of Borneo Studies in Unimas.
This is the personal opinion of the author(s) and does not necessarily represent the views of DayakDaily. Letters to the Editor may be lightly edited for clarity.
— DayakDaily
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