Government should reach out and include all needy groups under affirmative action policy!

 

 

YAB Dato' Seri Anwar Bin Ibrahim
Prime Minister
Pejabat Perdana Menteri
Blok Utama, Bangunan Perdana Putra Pusat Pentadbiran Kerajaan Persekutuan 62502 PUTRAJAYA

4th December 2024

Dear YAB Dato Seri’,
RE: DEMOCRACY, JUSTICE, EQUALITY AND AFFIRMATIVE ACTION POLICY.

I refer to your speech delivered at the Malay College Old Boys Association annual dinner on 30th November 2024. You were quoted to have said the following:

• a)  The government supports affirmative action but does not believe in discrimination;

• b)  Previous implementations of affirmative action policies were marred by nepotism and abused to enrich families and party leaders at the expense of the Malay community as a whole;

• c)  That you support a modernised version of affirmative action that is more transparent and inclusive, ensuring that benefits are distributed more equitably to all Malays, including the urban poor and rural communities;

• d)  Not only Malays but also non-Malays, including your Cabinet, understand this position and government policy make it very clear that you are here to be fair, to consider every single Malaysian as one great member of one great family;

• e)  We cannot expect to succeed if we abandon the principles of inclusivity and transparency. It is crucial that these policies benefit the vast majority of Malays, including the urban poor and those from rural areas, fostering a sense of unity and equality among all Malaysians.

Your statement at the Old Boys Association seemed to give the impression that implementations of affirmative action policies, the discrimination and exclusion that was caused by previous leaderships was targeted exclusively to the Malays.

Though I don't have the slightest doubt in some of the facts you mentioned, I am disappointed that you chose to single out the discrimination that only the poor and underclass Malays faced while excluding the side-lined non-Malays, who form 40% of our country's population. This in effect gives a narrow interpretation of inclusiveness which will not augur well with the equality provision under Article 8 of the Federal Constitution.

It is important to acknowledge that affirmative action has, in actual sense, caused discrimination, which was not part of the intention of the Constitution's framers. An open and frank discussion about this issue is crucial to ensure that all Malaysians feel heard and acknowledged and are not silenced on the grounds of sensitivity. This will make them feel that their concerns are being addressed and their voices are being heard.

While we, the non-Malays, understand that your actions since becoming the PM is to please the majority of Malays due to the fact that PKR and Amanah obtained less than 15% Malay support in GE 15, we feel you should not continuously forsake the real issues that face the non-Malay community especially those communities that have long been marginalised and side-lined from the mainstream economy and development of the country.

Malaysians from all walks of life have known you as a democrat since the beginning of your REFORMASI MOVEMENT in 1998. You have on various occasions previously asserted that you were a leader who was colour-blind and would champion the rights of all Malaysians, irrespective of their racial and religious background.

However, since you took over the nation's helm, the public perception has changed drastically. Many see you as going out of your way to please the feelings of the far-right racial sentiments and religious groups in the hope of them shifting their support towards you and your party, which will guarantee your premiership beyond GE 16 in 2027.

This is not going to happen, and you will likely also lose the non-Malays support you enjoyed pre-GE15.

After 67 years of Merdeka, Malaysians look to truly patriotic leadership that would endeavour to build a truly united and progressive country. This is the vision that we all share and hoped to see realised under your leadership. Truth be said, to great disappointment, many looked upon you as the modern-day Malaysian Abraham Lincoln who would go to the end of the world to ensure a united Malaysian race free from racial and religious prejudices.

We, the rational-thinking Malaysians, look forward to a leadership that implements and boldly preaches the principles of democracy, equality, and co-existence laid

out in the Constitution while balancing this with the provisions of Article 153 of the Constitution.

The country's Malay leadership is very reticent to openly admit these fundamental principles for fear of losing their votes. Instead, many politicians constantly churn out feelings of unfounded anxiety and fear among Malays that have caused a sieged mentality, which, in turn, is against the greater national interest.

The policies and protection provided for Malays need to be explained to them, not withheld. It is important that you take the lead in giving assurance to the Malays that their rights have never been eroded by any of the governments, be it BN, PN, or PH, that ruled this country for 67 years, though there may be lapses in their implementation.

The Constitution does not condone discrimination as clearly stipulated in Article 8 of the Constitution.

I quote the Judgment of the late Gopal Sri Ram JCA (as he then was) in the case of Lee Kwan Woh v PP (2009) 2 MLRA 286 where His Lordship held:

".... In our view, it is the duty of the court to adopt a prismatic approach (emphasis mine) when interpreting the fundamental rights guaranteed under Part II of the Constitution. When light passes through a prism it reveals its constituent colours. In the same way, the prismatic interpretive approach will reveal to the Courts the rights submerged in the concepts employed by the several provisions under Part II. (emphasis mine). Indeed the prismatic interpretation of the Constitution gives life to the abstract concepts such as "life" and "personal liberty"...

The effect of art 8(1) is to ensure that legislative, administrative and judicial action is objectively fair. It also houses within it the doctrine of proportionality which is the test to be used in determining whether any form of state action (executive, legislative or judicial) is arbitrary or excessive when it is asserted that a fundamental right is alleged to have been infringed". (emphasis mine).

Separately you should also provide assurances and implementation of equitable policies for the non-Malays, that there will be no discrimination against them in any form. This will lead to more meaningful interactions, trust and co- operation towards taking ownership for nation building among the various races. Ultimately you will be cherished as the leader who finally united and created a truly Malaysian race.

As a bold leader, you have always championed democracy, truth, and justice. Malaysians expect you to give this country the needed leadership to ensure what you yourself have said at the gathering, that the "government policy make it very clear that you are here to be fair, to consider every single Malaysian as one great member of one great family".

Your government has another full three years to undo the many injustices we citizens have faced and endured. We hope you will place priority on true reformation for all Malaysians and not worry about implementing unnecessary policies to please a segment of the population who is hell bent to create racial and religious discord among the majority loyal Malaysians.

Thank you Yours faithfully,

Waytha Moorthy Ponnusamy

 

DISCLAIMER: The views expressed in this Press Statement do not necessarily represent those of the Center for Policy Initiatives (CPI).