Wither the "special rights" or "special privileges" of the natives of Sabah, Sarawak & the Malays?

There has been much said about this. The ruling BN/UMNO have always reiterated that citizens do not question the special privileges of the Malays, as enshrined in the Federal Constitution, Malaysia's supreme law.

So I thought that if they (the BN/UMNO) are so sure than there must be something in the Federal Constitution, that spells out this special privileges and how it should be administered or something. I read the Federal Constitution from cover to cover, but found nothing of this special privileges reference.

I did find Article 153 which refers to the "special position" of the Malays and the natives of Sabah & Sarawak. So was this the legal basis for the "special privilege" statements by BN/UMNO?

In order to prevent any misunderstanding I reproduce for all to read the referenced Article 153.

FEDERAL CONSTITUTION

PART XII - GENERAL AND MISCELLANEOUS

Article 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 Constitutions 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 and to ensure the reservation for 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 license 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 licenses. (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 license 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 reasonably; and the authority shall duly comply with the directions. (7) Nothing in this Article shall operate to deprive or authorize the deprivation of any person of any right, privilege, permit or license accrued to or enjoyed or held by him or to authorize a refusal to renew to any person any such permit or license or a refusal to grant to the heirs, successors or assigns of a person any permit or license 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 license 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 authorize the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him; or (b) authorize a refusal to renew to any person any such permit or license or a refusal to grant to the heirs, successors or assigns of any person any permit or license 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 license was previously required for the operation of the trade or business, authorize 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 authorize a refusal subsequently to renew to any such person any permit or license, or a refusal to grant to the heirs, successors or assigns of any such person any such permit or license 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. "

There are several key points that are very important to note:
Point 1: The person who can exercise the powers enshrined in Article 153 is not the Executive but His Majesty the Yang diPertuan Agong. He and only he can do so.
Question: Who has in fact exercised this power (albeit indirectly)?
Hint: Who published the NEP, not the Agong but the Executive. ...

Point 2: the Malays, natives of Sabah & Sarawak do not have any special privileges, but have a special position (i.e. kedudukkan istimewa). This difference is not only material but significant. The powers that be have intentionally or otherwise mislead the public about the position of the Malays and the natives of Sabah & Sarawak, by using the words "special privileges" as if it meant the same thing as "special position".

Point 3: These special position relates to education, public service and business licences, and His Majesty the Yang diPertuan Agong, must issue directions on this matter. What it means is that there must be a document somewhere (and if it is a promulgation it must be gazetted) that directs the number of licences to be given to Malays, etc. Yet we find that houses are sold to Malays at a discount, when such a "privilege" is not proscribed by the Constitution.

So for the last 25-30 years the BN/UMNO leadership has mislead and hoodwinked the public about these alleged special privileges of the Malays, etc; when in truth there is no such special privilege but only a special position.

This evidences 3 things (a) intellectual laziness with a bias towards half-truths or (b) a genuine lack of actual know-how and therefore the statements made are based on hearsay rather than on the persons actual understanding; or (c) the use of the words "special privilege" and "special position" interchangeably was a deliberate ploy to enhance what was a position into a privilege in order to subjugate the non-privileged community.

This is not the case of semantics but of actual differences in meaning of words used. A privilege is equal to a right (the Webster dictionary defines the word as follows "a right, immunity, or benefit enjoyed only by a person beyond the advantages of most") whereas a position is a condition or situation. The two words "privilege" and "position" are not words that can be used interchangeably and are quite different in meaning.

Since Article 153 starts from the condition of the Malays it must presuppose that the condition of the Malays at that time (1957) is worst off than the Chinese or Indians. That may have been true and we're not looking to question that. Hence the contextual nature of Article 153 is that the Agong must make a periodic assessment whether the condition or situation of the Malays at a given point in time still warrants the continuation of the grant of the benefits identifed in sub-articles (2) (3) etc. If the condition no longer warrants it, then the benefits so identified can cease.

However there (as far as I am aware) any contextual assessment made of the conditions of the Malays, etc; nor has there been any analysis of whether or not the continuation of the benefits prescribed by Article 153 is necessary.

What has in fact happened is that Article 153 has been misused by BN/UMNO for their own purposes under the guise of championing Malay rights when in fact there is no such thing as Malay rights (legally speaking). This "championing" is the way for UMNO to continue to claim legitimacy in the continuation of race based politics and this suited the MCA and MIC as well.

Finally if Malaysians do not raise the bar and point out collectively that there is no special privileges but special position of the Malays etc ( a situation or condition that they are in which makes it special) then the BN/UMNO will continue to mislead and misuse the words stated in the Federal Constitution.

You know if no one points out that the Emperor has no clothes, citizens of Malaysia can take the blame for the fact that everyone believes that the Emperor has clothes when he has in fact none. Where is that little boy who said "Look! The Emperor has no clothes" and then we all saw that the Emperor was in fact naked.