Saturday, October 31, 2009

This Time I Agree With Lim Kit Siang

Hantu Laut

For once I agree with Lim Kit Siang on his recent posting here.This is the kind of thing that MPs should be doing instead of wasting time trying to run down their opponents.They should spend more time voicing the anomalies in Parliament and get elected members to review and amend the Constitution.

These kinds of ambiguities in the Constitution are putting spanners in Najib's 1 Malaysia.The Prime Minister should immediately look into the misalignment of the definitions of bumiputras in Sarawak under the Federal Constitution.

Unlike, Sabah state constitution which carries the definition of bumiputras under Article 41(10) the Sarawak constitution seems to be silent on the definitions depending only on the Federal constitution for its interpretation

I reproduced Article 161A(6)below.

161 6) In this Article "native" means-


(a) in relation. to Sarawak, a person who is a citizen and either belongs to one of the races specified in Clause (7) as indigenous to the State or is of mixed blood deriving exclusively from those races; and

(b) in relation to Sabah, a person who is a citizen, is the child or grandchild of a person of a race indigenous to Sabah, and was born (whether on or after Malaysia Day or not) either in Sabah or to a father domiciled in Sabah at the time of the birth.


Clause 7 says:


(7) The races to be treated for the purposes of the definition of "native" in Clause (6) as indigenous to Sarawak are the Bukitans, Bisayahs, Dusuns, Sea Dayaks, Land Dayaks, Kadayans, Kalabit, Kayans, Kenyags (Including Sabups and Sipengs), Kajangs (including Sekapans,. Kejamans, Lahanans, Punans, Tanjongs dan Kanowits), Lugats, Lisums, Malays, Melanos, Muruts, Penans, Sians, Tagals, Tabuns and Ukits.


In Sarawak, it seems you are only considered bumiputra if you are offspring of native parents mentioned under Clause.7.Mixed marriages between natives and non-natives, unfortunately, don't fall into that category at all.


The blame lies squarely on Sarawak leaders and lawmakers for not taking the issue to Parliament to get the relevant article in the Federal constitution amended.


Someone should find out whether Taib Mahmud's children are bumiputras.His late wife was not a native of Sarawak, so by definition of Article 161, they should not be bumiputras.


Article 161A(6) certainly need amendment and I am sure Lim Kit Siang and his gang would support the amendment.


In Sabah the same problem occurs among Sino-Kadazan especially those with Chinese fathers and having Chinese surnames.By right they should have been bumiputras because one of the parents are natives but many have suffered the indignity of being told by West Malaysian officers that they are not bumiputras when they applied for ASB (Amanah Saham Bumiputra) or bumiputra loans for those wanting to go into business and, even worse, there were those unable to inherit NT (Native Titles) land from their parents.


This is the most nonsensical and gross injustice that one can think of.... not being able to inherit what rightfully is one's inheritance because of some stupid law.


12 comments:

FMZam said...

HL,

I thought you said Constitution is the boss.

donplaypuks® said...

It appears like even amomg Bumiputra, some are more equal than others!

Yet in W.M'sia, a Pakistani married to royalty and an Indian Muslim can be granted full Bumi status and their children be eligible for Matrix schools and Bumi scholarhsips and 7% discount....

'O, what a tangled web we weave...'

dpp
We are all of 1 rcae, the Human Race

SM said...

HL,

I'm so glad you brought this one up!

1/ Will the Sabahans & Sarawakians ever learn that the UMNO-Putras will NEVER recognize the Christian Bumis there as TRUE Bumis? It's just for convenience sake that they are "allowing" the Bumi status (even though East Msians are the TRUE Bumis!
2/ I feel sorry for Marina because she not only did well in her studies but also I bet she expected a Matriculation place at one of the local Universities. I guess she will do well in her Form 6 if this mess is not sorted out (I'm sure UMNO will now stand up & take notice as it's not politically correct to "piss" off the Sarawakians!
3/ I guess Marina & her family now understand what it's like being a Non-Bumi! You do well in your studies BUT you don't get scholarships neither do you get to join your Bumi friends to do Matriculation (although they did not do half as well as you did!). You do well in your Form 6 STPM (you can't even compare the difficult Form 6 to the Matriculation Exam). Then you do well in the Form 6 but you can't even get a place in one of the local Universities because there is the Quota system! When it comes time for jobs, you can't apply for jobs that say Bumis preferred!
4/ Now you know why so many Non-Bumis are leaving Msia?

Welcome to the world of the NEP, welcome to the "fantasy" world of 1-Malaysia!

FMZam said...

HL,

You said this - The success of the last GE has got into the heads of PKR leaders, they have become arrogantly stupid.

And this - Constitution is the Boss.

Now you said this - These kinds of ambiguities in the Constitution are putting spanners in Najib's 1 Malaysia.

To us rakyat who are not as stupid as you think, it is UMNO who has let their 52 years rule got into their heads and become arrogantly stupid.

Anonymous said...

It is understood if a man is not native married to native the children is considered not native.

Hantu Laut said...

FMZam,

The Constitution is supreme, man-made or otherwise.

Hantu Laut said...

donplaypuks,

It happens everywhere.If you think your are among equals in the whitemen's country, you are kidding yourself.Try going over there and stay for few years and see whether they make you feel equal.

You think the rich want to be equal with the poor?

Malaysia is still not a bad place compared to even many Western nations.Only people like you make it sounds as if we are worse than Nazi Germany.

Hantu Laut said...

SM,
That's not true.There are many Christian bumiputras that enjoy the same privileges as other bumiputras.In the case of Marina,I think it is more the work of little napoleans, because if her sister got through, no reason for her not to get it.

In spite of that I still think the Constitution should be amended.

Anyway, on hind sight I think it is not the Federal government to be blame, that conditions were probably set by the Sarawakians when Malaysia was formed.

eddy said...

Bro, if an opinion is good for Malaysia then it should be taken up by the Government of the day and it should not matter where it come from be it Lim Kit Siang or anybody else for that matter.

I would agree when you said that "the Federal government is not to be blame, that conditions were probably set by the Sarawakians when Malaysia was formed"..... Just hope the Sarawak Government right the perceived wrongs, I am sure the CM of Sarawak will know what to do and the Najib Government will give its fullest support.

eddy said...

Bro, if an opinion is good for Malaysia then it should be taken up by the Government of the day and it should not matter where it come from be it Lim Kit Siang or anybody else for that matter.

I would agree when you said that "the Federal government is not to be blame, that conditions were probably set by the Sarawakians when Malaysia was formed"..... Just hope the Sarawak Government right the perceived wrongs, I am sure the CM of Sarawak will know what to do and the Najib Government will give its fullest support.

SM said...

HL,

I guess you missed my point.
Yes, I know of many "native" Sarawakian & Sabahan Bumis (mostly Christians) who went through the Matriculation Program. Heck, 90% of my Undergraduate Class in UM were from the Matriculation Program (i.e. only the Non-Malay West Msians like me did the STPM).
What I'm saying is the UMNO-Putras have no choice but to let these natives get Bumi benefits.
What I'm also saying is...as long as you have the NEP, you can bet that there will never be a truly
1-Malaysia (no matter how much you spend on Advertisements & slogans & no matter how much the MSM say Malaysians from ALL races "love" the 1-Malaysia concept).
Malaysia does not need anymore Race-based policies. Give the needy what they need & to those who have lots (don't matter whether they are Chinese, Malay or Indians) stop doling out anymore!

SM said...

HL / Eddy,

Something for you to read...not usre how much is true though.

http://mt.m2day.org/2008/content/view/28238/84/