7.4  The Special Status and Privilege of the Malays and Bumiputras
       and Rights of the Other Races

Presentation

Just now, we discussed about the special rights and privileges of the Malay Rulers. Now, let us see the special status and privileges of the Malays and Bumiputras of Sabah and Sarawak. Before that, who are the Malays and Bumiputras of Sabah and Sarawak? Do you know them?

Article 160(2) of the Federal Constitution defines Malay as someone who:

1. is a Muslim
2. habitually speaks the Malay language
3. practices Malay customs
4. was born in Malaysia or Singapore before the independent day
5. whose parents were born in the Malaysia or Singapore
6. is on domiciled in Malaysia or Singapore on independent day
7. is descended from someone defined above

7.4  The Special Status and Privilege of the Malays and Bumiputras
       and Rights of the Other Races

While, Article 161A refer to the Bumiputras (indigenous) in Sabah and Sarawak as:

1. Bisayah
2. Bidayuh (Land Dayak)
3. Lugat
4. Melayu
5. Penan
6. Kalabit
7. Tagal
8. Kenyah
9. Bukitan
10. Iban (Sea Dayak)
11. Melanau
12. Murut
13. Kadayan
14. Sian
15. Kayan
16. Tabun and Ukit
17. Dusun
18. Kajang
19. Lisum.

7.4  The Special Status and Privilege of the Malays and Bumiputras
       and Rights of the Other Races

Those people above deserve their special rights and privileges in this country. Those privileges cannot be questioned by any parties in the country or otherwise, they could be accused as committing an offence under the Incitement Act 1948 (Akta Hasutan). The YDPA is empowered by the Constitution (Article 153) to preserve the special rights of the Malays in the Peninsular. However, His Majesty YDPA cannot revoke the rights of other races and give them to the Malays and the Bumiputras of Sabah and Sarawak.

Below are among the privileges:

1. The entry quota into the public sector (civil servant) and institutes of higher learning
2. Scholarships
3. Opportunities to get business license and permits

Why the Constitution preserves the special rights of the Malays and Bumipurtras of Sabah and Sarawak? What are the rationales behind the preservation? Actually, the preservation of the special rights is related to the history. Do you still remember the era of the British colonization? The British when they colonized the country, they brought in foreign labourers in mass to work in tin mining and rubber sectors. The foreigners especially Chinese managed to strengthen their economic status and control the economy due to the British's divide and rule policy. Thus, the Malays felt threatened with the migration of the foreigners.

7.4  The Special Status and Privilege of the Malays and Bumiputras
       and Rights of the Other Races

That is why the Malays became outraged when the Malayan Union did not take into consideration of their rights and privileges as the original inhabitants of the country. They strongly opposed the Malayan Union and reclaimed their rights during the formation of the Federation of Malaya 1948.














In order to ensure that the Malays were not left far behind, the government at that time was forced to find a way and the best way was to preserve the rights of the original inhabitants (the Malays and Bumipurtras of Sabah and Sarawak) of the country. The preservation of the rights and privileges aimed at avoiding discrimination, competition and conflict among the races.