KUALA LUMPUR – “Absurd, unreasonable and unconstitutional,” says Lawyers for Liberty on Higher Education Minister Datuk Seri Zambry Abd Kadir’s statement that Universiti Teknologi Mara (UiTM) will remain closed to non-Bumiputera students, citing a 2024 Bumiputera Economic Congress report on the socio-economic gap.
The legal group’s director Zaid Malek said the race-based congress could not be said to be objective or impartial.
“The methodology, if any, employed in arriving at its findings is tainted by the lack of racial inclusivity, intersectionality and the very obvious self-interest of those involved. It is well known that its purposes were political in nature.
“Despite an urgent need to address the shortage to bolster the national healthcare system, this was ignored by the government, which insisted that the ‘special interest of Bumiputera’ trumps all concerns,” he claimed.
He also said the larger issue of the constitutionality of UiTM being exclusively for the Bumiputera remained unresolved as it was not to be regarded as a small matter.
“It is a national shame that Malaysia still maintains racially exclusive public institutions, 67 years after independence.
“Prime Minister Datuk Seri Anwar Ibrahim, in a recent CNBC interview in August, said his intention was to shift affirmative action from race-based to need-based. However, like others from his administration, Zambry lacks substantial follow through, as highlighted by Zambry’s recent remarks in Parliament,” he added.
Zambry said yesterday that maintaining UiTM’s policy for the Malays, Orang Asli and natives of Sabah and Sarawak was still necessary to achieve the government’s goal of reducing racial disparities, particularly in socio-economic aspects.
Citing a report from the 2024 Bumiputera Economic Congress, he said there was an economic gap involving Bumiputera and non-Bumiputera in the country.
“A report from the congress by the Economy Ministry shows that there is still an economic gap involving the Bumiputera in terms of average monthly income, corporate equity holdings, poverty rates, skilled labour output and professional qualifications,” he said.
He also said that UiTM, as a public university, was established under the provisions of Article 153 of the Federal Constitution, as stated in Section 1A of the UiTM Act 1976.
“Article 153 of the Federal Constitution includes the power of the Yang di-Pertuan Agong to set quotas for Malays and natives of Sabah and Sarawak, which forms the basis of the Bumiputera agenda for UiTM student admissions.”
Zaid, on the other hand, said nothing in Article 153 permitted the establishment of a racially exclusive university in Malaysia.
“Article 153 only provides for a reasonable proportion of educational privileges to be reserved for Malays and the natives of Sabah and Sarawak.
“Hence, excluding non-Bumiputera from enrolling in UITM is unconstitutional, as it breaches the stipulations of the said provision itself that the legitimate interest of other communities be considered and that any reservations made for Bumiputera be reasonably proportionate with that interest.
“It cannot be denied any longer that UiTM’s policy of exclusivity is akin to the apartheid system.
“The refusal to consider the legitimate interests of other communities, the resort to empty racial rhetoric and references to ‘reports’ made by groups with obvious vested interests only serve to aggravate the racial nature of UiTM’s admission policy,” he added.
Zaid said there was no justification for the government to maintain UiTM exclusively for Bumiputera, arguing that this policy violated the Federal Constitution, and the government’s refusal to acknowledge this constituted a significant failure to uphold the constitution.
“We thus urge the government to immediately address the unconstitutionality of UiTM’s Bumiputera-exclusive policy and take immediate steps to ensure that it complies with Article 153 of the Federal Constitution.
“The opportunities that non-Bumiputera are deprived of due to UiTM’s unconstitutional Bumiputera-exclusive policy must not continue to blight our country and its future any further,” he added. – June 27, 2024