KUCHING – For 17 years, Marina Undau lived a life of a child growing into a young adult.
School, her family and friends were a central part of her existence. She dreamt of doing her parents proud by furthering her education in a university and eventually getting a good job.
SPM came and went, and the 18-year-old science stream student of SMK Simanggang did well, scoring 9As and 1B last year.
But then she had a rude shock.
Not eligible
The education system said she was not eligible to enroll in a matriculation course, a prelude to varsity and a degree. The reason? She was, it seemed, not a bumiputra.
Born to an Iban father and a Chinese mother, Marina’s hope for a smooth climb up academia was dashed. With it went a part of her identity and the drive that made her a top scorer.
sarawak-semi-bumiputra.pngIn an interview with The Borneo Post at her house in Sri Aman on Wednesday, Marina expressed her feelings in Iban: “Aku amai enda puas ati nadai olih nyambung sekula ngagai universiti (I’m very sad that I can’t pursue my university education).”
Meantime, she has started Form Six in her old school as a workaround solution.
Upset and bewildered
Seated between her parents, Undau Liap and Wong Pick Sing, the disappointment in the teenager was plain to see.
Her elder sister never had a problem getting into a university. Her identity was never questioned and she is at present in her second year at Universiti Sains Malaysia in Penang.
Marina is worried that a similar obstacle she faced after SPM awaits once she completes her STPM.
“If I get good results, what’s next?”
Marina’s father, Undau, would not take no for an answer.
When her application to enter matriculation was rejected, Undau, a civil servant, contacted the Education Ministry’s Matriculation Department in Putrajaya on June 23 and was told that her daughter was not a bumiputra.
Pressing on
Dissatisfied, the father wrote to the ministry on July 1. The reply he received shocked him, and it is bound to challenge the identity of many Sarawakians who are of mixed-parentage.
The ministry said in a reply on July 14 that Undau’s appeal was turned down because “the candidate is categorised as non-bumiputra (father is Iban and mother is Chinese)” based on a definition used by the Student Intake Management Division, Higher Learning Department and Higher Education Ministry.
Their definition is as follows:
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If either parent of a candidate is a Malay who is a Muslim/Orang Asli as defined in Article 160 (2) of the Federal Constitution, the child is considered a bumiputra.
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Sabah – If the father of the candidate is a Malay who is a Muslim/native of Sabah as defined by Article 161A(6)(a) of the Federal Constitution, the child is considered a bumiputra..
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Sarawak – If the father and mother is a native of Sarawak as defined under Article 161A(6)(b) of the Federal Constitution, the child is considered a bumiputra..
Despite the explanation, Undau is still dissatisfied and urged the government to clear up education issues that differentiate bumiputras from non-bumiputras.
He said the 1Malaysia concept would be rather hollow if education today continues to be polarised along such lines
“Why all the differences in the intake of students for higher learning? I am not questioning the Constitution, but what is the meaning of 1Malaysia if things like this happen?”
NRD and Native Court weigh in
The National Registration Department (NRD) headquarters here said it has received a flurry of enquiries about the bumiputra status of late.
An NRD spokesman said that in Sarawak, a person’s race is registered based only on the race of the father.
On whether such a person is automatically accorded bumiputra rights, the spokesman said: “We don’t actually handle that. We look at the race of the father. If the father is Iban, the child is Iban. If the father is Chinese, the child is Chinese. The bumiputra status comes under the Native Court.”
Native Court registrar Ronnie Edward said the bumiputra status was a “birthright” and the Native Court only hear cases where a person who was to be declared a bumiputra although his father was not a native.
He said Marina was not alone in facing this problem.
Edward believes the only way to clear the air is to amend the Federal Constitution.
“Article 161(A) of the Constitution has to be amended. The article says that in Sarawak, both parents have to be ‘exclusively’ a native,” he said.
Uncle Lim,
All this talk of 1Malaysia is just cock & bull.
Everybody knows it!
I suggest that the PR capitalise on such matters, especially in East Malaysia, to reveal to the electorate there that the BN government is not worth voting for!
Demolish whatever bastion of voters they have in those areas.
Whilst people understand that we the non-bumis feel so much outrage over this matter, why is it that no bumiputra has come out to express their outrage and to throw their support behind this poor girl ?
Didn’t Sarawak also have a 20 points or 18 points Agreement when they agreed to join Malaya and the rest to form Malaysia?
So why does this problem now arise? Why was it overlooked for 46 years and only now being questioned?
So now will there be a big drop in Sarawak bumiputra numbers because of this?
Are the Chief Minister’s children also now non-bumiputras as their mother was of foreign descent?
So … is she Iban Second Chinese Third, or Chinese Second Iban Third?
So difficult – like double-barrelled surnames. And what do you do about mixed grand-ancestors? Could she be Malaysian First Taiwanese Joint Second Thai Joint Fourth Indonesian Joint Second Filipino Joint Fourth?
8loody nonsense! Give it up!
There are thousands of Malays who are of mixed-parentage (father is Malay and mother is Chinese/Indian). So are they not bumis?
“There are thousands of”
Don’t you all just tick a box or something when you’re born? I mean, it’s not like it’s moulded into the back of your heads under the ‘Buatan Malaysia’ mark, is it? If one of the parents is non-Malay, do they have to change ‘race’ to get married, or is it just religion?
I can’t really picture changing race. Does it look a bit like Michael Jackson?
Back to the topic – even if you’ve got something different in the race box on your ID to your spouse, don’t you get asked what race you want your child to be when it’s born? I think something similar happened when my kids are born. I think I was confused by the question, so the midwife entered “Eurovision” or “Eraser” or something… I can’t even be bothered to check, it’s all such nonsense.
Toyo-the-indon is bumiputra. And that is not all. We actually have about 3million soon-to-be-bumiputras in this country. Yes those countrymen and women of toyo-the-indon. No big deal as it is. But as bumiputras they will immediately leap-frog the rest of us and become our tuans. They will be recognised as Tuan Rempit McBully straightaway. What does that mean? It means these people can then tell us to go back to china or where ever our ancestors are from. That means we may be treated by them as mere Hamba deBullys.
“Bumiputra” is not a legal term. It is a mere political expression. In other words it has no legal standing. What it means must then be whatever our Tuan Rempit McBullys deem expedient in the circumstances. And that always would translate into denial of rights and privileges belonging to the rest of us as citizens of the country.
Is this 1malaysia? Yeah I guess so. Da ya wanna know why? Coz it kinda stinks. Dats why!
Unfortunately, 1Malaysia and Ketuanan Melayu policies mean that ‘they’ have to be at the helm of everything under the Malaysian sky. The lopsided composition of civil servants would see to it that policies are vigorously applied. So, slogan inventing and shouting won’t redress the imbalance and the injustice in our dear society, sigh!
If my distant mat salleh ancestor was closer in time to me and as a result of which my children turn out looking more mat salleh-like, then I would when asked about my race gladly fill in “unitednation”. At least that would sound better than “Eurovision” or “Eraser”. Yeah. But that is a personal choice. I know. I know.
Err rojakman, so are you eraser? And if you have trouble picturing race change then try this. Race change is actually not very different from the transformation of a car into a mean and powerful robot from the planet cyberton – minus the sound effects of course. And try not to announce your race the way autobots and decepticons announce themselves. That would be overboard.
What about RPK (Raja Petra Kamaruddin)?
why go so far?
what about mahathir mohammad, he is a mamak,
his father is an indian(malayalee subtraction of the indian ethnicity) and anwar ibrahim’s grandfather is a tamil man. shahrizat is also indian mix and so is zambry. bunch of hypocrites!
anyways the truth is malays are not a pure race, they are a mix between chinese and indians.
look at the obvious mixes between a chinese and indian they look like paka malays.
the irony of it is the malays are bumiputras whereelese the original premix races who are the chinese and indians are not. funny:)
No hope for Msia to progress to high income economy, nor national unity, if such policies continue. What bull n cock of 1 Malaysia!
Talk abt one stream school!!, what about this n others e.g. UITM etc??
So tell me how the hell Mamak Kutty became a bumiputra and also why the whole lot of UMNO idiots were willing to be dragged by the nose by such a PSEUDO-BUMIPUTRA MAMAK MALAY?
[deleted]
The true meaning of 1malaysia:–
“Limpeh tuan, lu pendatang!”,
“Limpek gasak semua, lu ilek!”
“Limpeh boss, lu hamba!”
1Malaysia?
Kononnya 1Malaysia!
Racial discrimination has been widely practiced in Malaysia for more than five decades. It will continue as long as the ‘rogue’ Barisan Nasional government allowed to rule the country.
1Malaysia Konon!
http://en.wikipedia.org/wiki/Heterosis
//The article says that in Sarawak, both parents have to be ‘exclusively’ a native,”//
Do you think the consitution was a mistake? It was deliberately done even then. Sarawak has too many mixed parentage with one of them a Chinese.
Hitler used heterosis in his attempt to breed the Aryan master race to rule the world. However, the Russian untermensch took merely 4 years to wipe out his dreams and his country.
Sick of hearing all this bumiputra and non-bumiputras. 1Malaysia..puke..only fit for the garbage dump.
There thousands of issues that need to be addressed in the country. Yet we have these bunch of racialistic scumbags in the government doing otherwise. Just look at our pendatang ex-MB who is from Indonesia. A bumi!! It really stinks. There are thousands if not millions all over Bolehland like this bum.
Why not these scumbags investigate them instead of a poor bright girl.
look at BN, most of their ministers were not voted for but remain in the party, recently one was suspended due to money politics but reinstated for an election..hahaha
so i wonder la, i’m an average joe but just out of curiosity are the majority of malaysians just so ignorant. i mean if it was a slightly smarter nation they would have demanded that this government be dissolved immediately. anyways i pity the fools!
Hitler used heterosis in his attempt to breed the Aryan master race
Did you just make that up? I’d love to read a ref or four, if you have them. ‘Hybrid vigour’ is well established in just a few well-known cases, as far as I know – such as agricultural grains. The problem with doing the research into establishing whether a breeding program to test the potential of it if used for human husbandry (besides the obvious ethical issue) is that you would need several generations before you’d be able to be confident of anything. Possible to demonstrate in grains and insects, impractical in humans – unless Hitler also had a Time Machine!
When I posted the link, I only knew of ‘hybrid vigour’ in arable crops, from a book by Noam Chomsky, I think. I was reminded of it by the ‘mongrels’ comment. I just threw it into the mix for something to read, not because I em ztaartink ze neu veld oder, all by myself, in Port Dickson.
are you eraser?
No taiking, I mostly Celt, I think. I am like a slightly larger, slightly thinner, only slightly less hirsute version of Gimli from the Lord of the Rings. Probably not 100% Celt, my collar and cuffs don’t match. Is that too much information? ‘Orang Rojak’ is what I replied in exasperation after one too many people asked me whether my daughter was Cina or Putih.
Here’s some more reading material, not related to the topic. I saw this link at The Nut Graph, apologies if you all know it already:
http://www.smh.com.au/world/marry-single-mums-instead-of-young-virgin-girls-20091030-ho11.html
SIRS , WE REALLY DON’T LIKE ” THE WORDS ”
BUMI OR NON-BUMI IN EVERYWHERE IN LIFE..!
WE DON’T WISH TO KNOW WHO INVENTED THESE..
ITS REALLY EXISTED ANYWHERE IN LIFE!
HOPEFULLY..ONE DAY…GOD WILL HEAR OUR
ONE MALAYSIA..ONE DREAM…IN BUMI-MALAYSIA.!
“ONE-MALAYSIAN OR NON-MALAYSIAN”…..!
WHEN WILL IT BE A REALITY IN LIFE..IN
BUMI-MALAYSIA..!
I think umno is emulating the nazi regime kind of administration. Although not that extreme but it has all the signatures.
This is the doing of Ma-hitler. Sh!t, even the Ringgit Malaysia short form is equivalent to Reich Mark (RM) and adopted during his time. Here is some similarity…
1. Ketuanan Melayu = Aryan Master Race
2. Civil service dominated by one race
3. Military dominated by one race.
4. Police dominated by one race.
5. Education dominated by one race.
6. All aspects of commerce are forcibly to have this one race participation.
Is this all 1-Malaysia is about? Does it mean keep it to one race domination.
Think of the legal consequences for Sarawak if you take the situation much further.
You need to be a Bumiputra to qualify for this or that e.g contracts, positions, benefits and privileges etc etc.
Now that many bumiputras are in fact not bumiputras by virtue of the Constitution, then many things and benefits that were awarded to these bumiputras by virtue of them being classified as bumiputras, will now become questionable if not totally illegal.
This would include many bumiputra companies that should now be classified as NOT bumiputra companies. And for many individuals too.
And as I said above, the children and descendents of the Chief Minister are also NOT bumiputras as one parent, their late mother, was a foreigner of Polish descent and not a native. So they are all in the same position as Marina, if not worse as she was a foreigner.
My Sarawakian friend scolded me this evening by saying that West Malaysians are just creating problems and more problems for peace loving Sarawakians. “Why don’t you all just leave us alone and mind your own businesses in the West”, she said.
Maybe Marina can get entry into their local University Malaysia Sarawak. Its a big shame that a native with such good grades is not able to advance her studies because of such administrative reasons. So what is the Minister of Education and Higher Education going to do?
Have you all never heard of the Sino-Kadazans of Sabah? There are many of them where the father is Chinese and mother Kadazan. But they, to my knowledge, are accepted as Bumiputras.
In fact, many Sino-Kadazans have entered MARA, UiTM and other reserved institutions as bumiputras. This is a fact.
So even if, for Sabah, the father has to be a native and therefore a bumiputra, many Sino=Kadazans have been accepted as bumiputras nevertheless.
Is Musa Aman and his ancestors a native? I am told they are Pakistanis, Pashtuns to be exact. And if the father is not a native, can they be considered bumiputras as per the Federal Consitution?
Sarawakian now must analyse and do some reflection -Do this biased Barisan Nasional government deserve their support?
95% of oil royalty robbed from Sarawak by UMNO government – the resources which Sarawak direly needed to improve the infrastructure in order to spur development and attract foreign/local investment.
Bumiputra Sarawak have been treated as second class citizen of Malaysia, while the so-called non-bumiputra are treated as third-class citizens – being discriminated against by Barisan Nasional/UMNO government : deprived of equal rights in business, employment & education opportunities
So this what Najib-led Barisan Nasional government called :
1Malaysia, People first!
When its citizens not treated equally, can we call that 1Malaysia?
‘KONONNYA’ 1 Malaysia
the people should not be gullible to believe that the real 1Malaysia spirit being practised by the Barisan Nasional
Their actions speak louder than their slogans and political gimmicks !
1Malaysia ‘KONON’ !
A Malay who is a Muslim is only considered a bumi.
Race and Religion that’s what BN is about
Taib Mahmood was originally a non bumi because he was a non muslim Iban and therefore he was initially not qualified to take up the position of the Chief Minister of Sarawak. However, since he was the influential Iban tribal head, he was told to convert to Islam and then be appointed a Chief Minister by Barisan Nasional. The religious belief of Islam seems to be a crucial factor which is used by Umnoputras’ interpretation for determining the status of “Bumiputra”!
If DAP disagrees with such an interpretation criterion given by Umnoputras, I wonder whether Anwar and Hadi will also disagree with it!
“Sarawakian now must analyse and do some reflection -Do this biased Barisan Nasional government deserve their support?” (ReformMalaysia)
Most Sarawakian native people will accept the buy offer of RM100 per vote. Can Pakatan Rakyat afford this price? If no, then Barisan Nasional will be their choice! Sorry, the native people do not understand too much about native’s rights or anti-corruption move. They don’t find those talks are real. Only money in their pocket is real and beautiful!
This is nothing new.
Been like so for decades.
Even if you are a Bumi and noted to be children of oppositions to UMNO party…you cannot get Mara scholarships or loans.
UMNO is a real sick party….that plays dirty politics…so deeply rooted into their mindsets…that young smart Malaysians must suffer under such leadership….mentalities and leadership..all because they govern much too long and truly think they own Malaysia and Malaysians..to do as they like.
//Most Sarawakian native people will accept the buy offer of RM100 per vote. …Only money in their pocket is real and beautiful!..onlooker
True, but if PR can convince them using something that is tangible to their everyday life, this probably can work.
Somes example are the destruction of their forest homes by logging companies sanctioned by the ruling govt, their children being raped, walking miles for education, the fear of authorities not being on the side…etc. Show me pictures of these “atrocities” and I will burn the RM100 anytime or spend it and vote the other way.
Nobody will just vote a guy just because he was yelling “corruption, corruption”. But show me the evil of corruption that is tangible to my everyday life. If I vote this, will my children be safe? If I get RM100 and vote this, will I lose my home later on? Show me. A simple picture will do and it is better than a thousand words.
Show them the Kampar bridge and death. Show them the desert-like earth in Sarawak. Show them their misplaced native cousins due to excessive loggings.
Show them their daughters being taken advantage of.
All these are happening with the authorities sitting pretty doing nothing. Now try to give me RM100 to vote you. See what will happen.
Mahathir is spewing propaganda again. Please read The Star.
He is chairing this some sort of tribunal in KL on the “bads” committed by the US in Guantanamo detention camp.
In an indirect way, he is telling the rakyat…see, the US is doing all these evil things such as torture, killing, etc as well. So what we are doing here is no difference. This is like diluting the rakyat’s anger.
Mamak o mamak
YB Kit,
You may not take this seriously but, frankly, Marina Undau can try challenge (with DAP’s lawyers’ help) the decision of Student Intake Management Division, Higher Learning Department and Higher Education Ministry (for convenience, termed as “HEM”) on gounds that the term “Bumiputra” as used by HEM is “unconstitutional”. It is high time someone did.
Of course one may question, what nonsense is this about”Bumiputra” being unconstitutional when for 30 years the bumiputra/non bumiputra dichotomy is cast in stone, the very foundation of the NEP, the very fulcrum of UMNO’s policies and basis of every facet of national life from scholarship to corporate ownership and awarding of licences and contracts.
But consider this line of argument:
1. “bumiputra” derived from sanskrit word ‘Bhumiputra’ [translated literally, it means “earth son” (bhumi= earth, putra=son) or son of the soil…] is a coinage anchored upon expedience, supposedly embracive of Malays, Javanese, Bugis and other indigenous ethnic groups carved out to receive benefits of affirmative policies under NEP.
2. However mark this: the word “”bumiputra” was coined AFTER the promulgation of the Federtal Constitution, and UNTIL NOW the Constitution makes no explicit reference to this term. The Constitution only defines what is a “Malay” for special privileges under Article 153 and “aborigine” (Article 160(2)), “natives” of Sarawak (161A(6)(a)), and “natives” of Sabah (Article 161A(6)(b)).
3. Now if “Bumiputra” were not defined or provided for explicitly in the Constitution, it means this concept of “Bumiputra” can be struck down as invalid if it can be somehow shown that it’s definition and application conflicts and contravenes some other provisions of our Constitution, the basic and most superior law of the land.
4. Reference is made to article 8(1) of our Constitution that states, “All persons are equal before the law and entitled to the equal protection of the law.
5. HEM’s critria/definition of what constitutes “bumiputra” (both parents must be natives of Sarawak) clearly violates article 8(1) of our Constitution of equality before law. It rests on the fundamental assumption that if the term “Bumiputra” as defined by HEM is however NOT defined or sanctioned expressly by our Constitution (unlike the term “Malay”) it will be subject to article 8(1) and to the demands that the “discrimination” and the difference between how a “Bumiputra” is defined in Sarawak from the way it is defined in Sabah or West Malaysia must be subject to a ratiuonal differentia/criteria (based on principle that like must be treated alike and unlike treated must be treated differently upon rational grounds). I argue that there is no rational reason why (say) a Sabahan is entitled to patriarchal advantage of being treated a ‘native’ based on his father alone being a native whilst a Sarawakian is not so entitled to this patriarchal consideration of his father’s status as native and hence is not considered Bumi unless both parents are natives! There is no rational reason to differentiate a Sabahan and Sarawakian in this sense relating to Native parenthood status, is there? If no, then the term “Bumiputra” as used by HEM is unconstitutional for being in conflict with Article 8(1) guaranteeing equality of treatment before the Law!
6. I invite you think of the vast implications if “Bumiputra” were argued as an invalid concept for being inconsistent with the article 8(1) of the Federal Constitution and by public policy, equally inconsistent with 1 Malaysia as espoused by the Prime Minister!
HEM’s exclusion of Marina from enrollment in a matriculation course is based on assumption that being a non-native by 161A(6) of Constitution she is not “bumiputra”. In other words HEM draws the differentiation based solely on native/non-native axis.
But where in the Constitution is “Bumiputra” defined for HEM to assert that Bumi definition excluding a non native of Sarawak (by 161A(6)) but whose one parent is a native is a rational differentiation by article 8(1)?
No, no, silly, Umno is not like Nazi, Umno is very much smarter than Nazi
Nazi too arrogant n did things that harmed themselves n caused their collapse
Nazi should have done what Umno did
Declared Aryans as bumiputras and officially gave them eternal rights to everything
From education, housing, business, travel, healthcare, to pleasure, etc
Nazi should not have deported and mass exterminated non-Aryans
Nazi should have kept them in Germany and made them work for Aryans
Nazi should have taxed them, taken 30% or more of their businesses, etc
Nazi had nothing to be afraid of as they controlled the parliament, judiciary, armed forces, election machinery, msm, police
Nazi could have done what they pleased all under ‘democracy’
So, who is smarter – Hitler or Umnoputras?
//Nazi../ boh liao
Ya, this is blitzkrieg policies and politics under the guise of democracy. All machinery working in tandem to suppress the others. While the untermensch MCA, MIC parties collaborating and fighting over crumbs.
Sieg Heil! (meant to sound as Sick, Hell!)…
Jeffrey’s arguments, while rational and sound, are not going to work.
I have an inkling that for the natives (or half natives) of Sarawak, the chances of one being considered as Bumiputra are not so much dependent on blood, but more of religion. If Marina’s Iban father is a Muslim and mother Chinese, I think she will have fewer problems to be accepted as Bumiputra, not matter what the law or the constitution say.
I have a question for non-bumis such as OKT, KTK, SamyV, Kayves and others who vote for BN during elections. Doesn’t your conscience bother you before you go to sleep, during your sleep and when you wake up? Because of you, innocent children such as Marina (not the mamak’s daughter Marina of course) Undau are deprived of their future in the land of the ancestors, who have lived here even before the ancestors of the mamak king moved here from India. You deserve to be led to the gas chambers, more so than the Nazis.
Marina, go and show this article to Jibby the 1bumi
http://www.themalaysianinsider.com.my/index.php/features/41929-were-all-one-family-really
…everyone alive today is descended genealogically from the same ancestral population set that lived five to seven millennia ago. Thus, if you had a time machine to fly you back to 3,000-5,000BC, anyone you met at random — whatever your ethnicity — would likely be your genealogical ancestor.
WHAT?!!! A Iban is not a Bumiputra? 1Malaysia and than you still have Bumiputra – where does the 1 fit, Work with me not for me, Cemerling Gemilang Terbilang, Malaysia Boleh ………, many others I dont even bother to mention. When are we going to stop all these goaless rhetoric? BN have been given more than enough chance and well nothing to loose with PR. The Bumiprutra is not getting their fair share as well, only UMNOPUTRA.
Oh! What triggered moderation in that comment? Was it the word that sounds just like colloquial Chinese for ‘grandfather’?
No …Mahathir has established himself…as champion that evils were done by US government…particularly under Bush….that pleases the vast majority Americans..even proposing him for a Nobel prize,
Unfortunately..these Americans know next to nothing about Malaysian affairs…to understand what a sickening hypocrite Mahathir is….master of twisting and turning..master of double corruptions with no fear…and applying his cruel and cunning dirty politics to protect himself….and his party…and not Malaysians..in Malaysia.
Americans are welknown to know of their own problems…and nothing much of the outside world…until recently.
So this forum planned in Malaysia…with Mahathir speaking against evil doers..in America…is part of his political image…Malaysians are fully aware of.
He is the dirtiest most cunning politician you can ever find in the world.
I do not believe anything he say or do carry any weight for Malaysians to trust and believe in him anymore.
Let him fool Americans. After all..politics is dirty…and he is the best.,
I tried to post a comment to TMI on the article that k1980 linked (thanks), but TMI’s comment submission script is perpetually broken. How can a country have so many broken websites? I’ll post it here instead, just because I think I’m so clever.
http://www.themalaysianinsider.com.my/index.php/features/41929-were-all-one-family-really
Wow, so I am ‘mathematically descended’? Am I the product of two multipliers? Cool!
This is fairly run-of-the-mill stuff if you read books by Richard Dawkins and his peers (the good ones about evolution and science, not the popular ones about other stuff). Can I pick the nit about ‘every individual alive then was an ancestor to everyone living today — unless they had no babies at all’. Dinosaurs are not the only creatures to suffer mass extinction events. The sentence should say “… – unless all of their descendants died without issue”. An easy example would be the 3-generation family whose grandfather – alive at the time the time traveller visits – bid farewell to the time traveller and then fell asleep while smoking, and burnt down the house with his two generations of descendants in, thereby removing himself and his descendants from the ancestral graph. Similar examples hold for natural disasters and very efficient pogroms.
Other than that, it’s a nice reminder of our shared ancestry. Just remember, when you’re next thinking of pointing out the very pale, sunburnt, too-revealingly dressed person across the street to me as “See? Your fren!”, that if you look far back enough in time, your momma is a black man, same as mine.
Limkamput:
Fewer problems ? There’ll be no problems at all, because religion is really the determining factor for acceptability as a bumiputra.
Mamakthir’s grandfather came from Kerala, India and married Mamakthir’s grandmother, and the offspring became bumiputras. The offspring’s offspring, Mamakthir included, became more bumiputras than those true sons of the soil.
The fact that concept of Bumiputra is as a concept vague and defying precise definition implies too that it is evolving and not static and can be challenged (constitutionally) for being contradictory to Article 8(1).
At the moment what we know for purposes of who is entitled to NEP’s benefit seems roughly as follows:
The Bumiputra (son of soil) is to be contrasted with “pendatangs” ie immigrants and descendents of immigrants.
So logically Malays being historically here (in the sense of having an established settlement and social organization with culture and laws as in Malacca Sultanate) earlier and prior to immigrants are accorded Bumiputra status (in Semenanjong) just like other people of indigenous origin in cases of Sabah & Sarawak..
Dealing with Malays and then next people of indigenous origin in Sabah & Sarawak : as for Malays, the Constitution defines a Malay as being one who “professes the religion of Islam, habitually speaks the Malay language, conforms to Malay customs and is the child of at least one parent who was born within the Federation of Malaysia before independence on the 31st of August 1957”. So Tun Mahathir qualifies on all counts, as long as one of his parents is Malay. It need not have to follow patriarchal criterion relating to father. Even maternal side is OK. [Indian Muslims do not qualify because although professing Islam do not meet other criteria in combination besides habitually speaks the Malay language (like a Malay) also conforms to Malay customs…..That’s why their association KIMIA is still lobbying for bumi status]. Orang Asli being earlier than Malays ought to qualify as Bumi but for the fact that they are disqualified for not “habitually speaking the Malay language and conforming to Malay customs”…
How that provides a justification for embracing within Bumi concept recent pendatangs (immigrants & their descendants) from Indonesia who are muslims is puzzling because though they meet all criteria they are short of the last one – “the child of at least one parent who was born within the Federation of Malaysia before independence on the 31st of August 1957”.
Coming next to the definition of people of indigenous origin in Sabah & Sarawak to be treated as Bumi, it is equally perplexing. For Sabahan to be “indigenous” there are two categories – (a) if his father is Malay (by above definition) or (b) a native (in latter case he does not need to profess the religion of Islam, habitually speak the Malay language, conform to Malay customs). That illogically excludes Sabahan whose maternal side is Malay or a native. They will ask why are they different from Semenanjong (West Malaysia)’s definition where it suffices for the maternl side, the mother, to be a Malay, hence bumiputra as in TDM’s case.
In Sarawak (because of many different tribes/natives) there is no need for paternal parent (or for that matter any parent) to be Malay – by Article 161A(6)(b) of the Federal Constitution, it suffices if BOTH the father and mother are “natives” of Sarawak. This means intermarriage as in the case of parents of Marina Undau disqualifies bumi status. Why that is so defies comprehension. [It will be interesting to ask what if Marina Undau’s father were a Malay and mother a native. Strictly she is still not bumi because both parents are not natives!] Again this defies comporehension.
This is then a sad state of affairs. Of whatever race, all human beings hope to have an equal chance in life esp to education when all have responsibilities as citizens to follow the nation’s laws and pay tax! Education is a human right under UN’s Charter! They can accept discrimination if it is drawn on rational lines but from what’s being discussed, it does not appear so! So how can people accept it? There’s no point in expensive national service programme and 1 Malaysia mantra when this irrational distinctions of what constitutes Bumiputra & Non Bumiputra are divisive of the peoples of Malaysia as a whole.
The various inconsistent applications or interpretations by officialdom of the concept of “Bumiputra” (which it not itself defined in Constitution) and their vagueness and lack of rational and coherent criteria are precisely the reasons why they may be open, in law, to challenge in courts whether the applications/interpretations are consistent or inconsistent with the Constitution (esp article 8(1)). It is true that, on the practical side, the courts may well not likely entertain such challenge. That however is a different issue.
Godfather, I know, at least i pointed this out which is the most pertinent point. Any other stuff are just “kay kong” (in hokkien, extra talk only)
When you have this bumiputra/non bumiputra dichotomy drawn on something less than rational/coherent basis, the side bereft of affirmative action programme will not accept that differentiation/discrimination, which means that in terms of national unity, this is the first negative factor exacerbating divisiveness contrary to 1 Malaysia aspiration opf the PM.
The second negative point : the institutionalized dichotomy of bumi/non bumi has prevented the full tapping of human capital from the non bumi section in GLCs, tertiary institutions civil service etc . The country is utilizing less than 50% the national talent pool, so how could it climb the value added ladder and help this country be “high income” in terms of international competiveness as the PM exhorts?
The third negative factor: Bumi/Non Bumi quotas on corporate ownership structure (listed) and on government licenses, government contracts, and employment are not only upsetting price mechanism and discouraging growth but also provide convenient pretexts to acts bordering in grey area that may arguably constitute or facilitate corruption and leakages, neutralising the political will to combat political corruption.
And what are the chances of the courts ruling that the concept of “bumiputra-ism” is ultra vires the constitution ?
and why do you think that UMNO insists on having its nominee for the post of Chief Justice ?
Godfather, as I have always said, political problems/issues require political solutions. Bumiputra and non bumiputra are never a legal or constitutional issue. Why it is so difficult for some is really beyond me. Bumiputraism is a discrimination, domineering and bigotry issue. Is someone trying to say that discrimination, domineering and bigotry are ok so long as they are constitutionally or legally done?
Bumi/non-Bumi dichotomy/distinction is at the very heart an expression of feudal political culture of patronage based on the basic exchange equation (between politicians and their constituency) of absolute political loyalty to the ruling elites/party (notwithstanding whatever deficiencies in governance) in exchange (quid pro quo) for its protection from legal consequences if one does wrong, and awarding of positions, contracts and other unfair benefits over others, where all other macro considerations of fairness, justice, rights, fair dealing etc take back seat!
As such a kind of feudal culture seeps and permeates every strand of society together in a seamless web – this has been going on in last 30 years – it naturally tends to influence (or, in vocabulary of detractors, “taints”) the neutrality and fairness of many key/strategic players occupying decision making authority within the institutions of the State, whether they be economic institutions, judiciary, civil service, security enforcement agencies, etc
Everyone learns on which side of the bread to spread the butter.
Which further of course undermines our international competitiveness and irks both locals aspiring for a better future for the country s well as foreign investors evaluating taking positions in the country.
Malaysia’s problems on corruption/international competitiveness/brain drain are structural.
Since the time of Mahathir administration we have seen this feudal political patronage culture based on the Bumiputra/Non Bumiputra axis takes deep root in all corners of the system.
To dismantle and unwind (esp mindsets/habits) that have grown roots for nearly 30 years cannot be achieved even by the sincerest of leader in the short term. Of course this is not an excuse not to start.
When will the Sarawakians & Sabahans learn that to UMNO, they are ALL Non-Bumis?
I am truly sorry for Marina BUT I’m sure that she will do very well in Form 6 or now that Bro Kit has highlighted this case, she will suddenly get a call to do Matriculation!
Then again, really, now Marina & her family know what it’s like to be a Non-Bumi in Malaysia (i.e. face discrimination & racisism) & have to compete in an environment that’s not fair (why do you think so many Non-Bumi Malaysians are leaving Malaysia)?!
That’s why we need a system based on “need” & not “race”!
//Is someone trying to say that discrimination, domineering and bigotry are ok so long as they are constitutionally or legally done?// – Lim Kam Put
It never ceases to amaze me how (owing possibly to my poor writing/communication skills, for I can’t think of any other plausible reason) an argument for constitutional challenge can ever be mistaken for that of a constitutional justification though both entail a common necessary explanation of the constitutional aspects of “discrimination, domineering and bigotry”.
Look, constitutional challenge is useless for two possible reasons:
1. You are not going to win because you know why.
2. Even if you win in court, you will lose in the political arena – they will amend the constitution (though a bit difficult now) or discard it, or skewed the implementation and there is not a damn thing you can do about it.
The solution lies elsewhere. It never ceases to amaze me why my simple English is so difficult to understand.
I propose that bumi status be rotated annually among the various ethnic groups, as what the great mamak had done once before to the chief ministership of Sabah. What say you, mamak?
A corollary to the negative factors (re Jeffrey 31 October 2009 – 6:32 pm ) is the steady inculcating and legitimising of ‘tongkat’ mindset/culture that is pervasive right through the education system, civil service and now even the private sector.
How a country, willingly imposing itself a mental/human capital handicap, can ever compete internationally in industry, trade and technology is one question this controversial ‘bumiputraism’ dichotomy is sure to provide disappointing answers.
A bane to real progress for Malaysia this may be but the tangled mesh of the cancerous roots is too deeply intertwined for the current regime to unravel.
umno is insisting on a single stream school system, but is happy for malays to do 1 relaxing year of matriculation while non-malays have to struggle through 2 years of STPM. Why no single stream pre-U study instead of matriculation and STPM?
//It never ceases to amaze me why my simple English is so difficult to understand.//
You said:
“1. You are not going to win because you know why.
2. Even if you win in court, you will lose in the political arena”.
Where in my postings did I dispute or argue on these 2 points, that they become an issue?
I merely highlight that a constitutional challenge should not be mistaken for that of a constitutional justification though both entail a common necessary explanation of the constitutional aspects of “discrimination, domineering and bigotry”.
So is it my poor writing skills or your poor reading comprehension that mix up the above arguing about issues that have not been disputed, confusing an argument for constitutional challenge with that of constitutional justification ?
Challenge or justification, what difference does it make? Did you not say the following?
1. it is possible to challenge Marina status (one of her parent is Chinese) under article 8 because bumiputraism was never defined in the constitution?
2. it is more difficult to challenge the status of Malay because the term Malay was explicitly defined.
Putting the two together did you not imply that bumiputraism and Malay are justified? The moment you justify that, you justify discrimination, bigotry and domineering. Understand now?
Just vote UMNO out in 13th GE…all problems solved.
// Challenge or justification, what difference does it make? // You’re the only one who thinks they are the same.
///Putting the two together did you not imply that bumiputraism and Malay are justified?///
I shall let readers judge for themselves your powers of reasoning – that putting 1 and 2 implies that one is implying that bumiputraism and Malay are justified. LOL. At a certain point, there’s no need to explain further. You conclude as you wish. I am at a lost for words on how you think.
I for one would like to nominate limkamput for this week’s Effort Badge.
Excuse my out of topic viewpoint but i do support the 1aliran school system in order to promote a unified society and pave the path for a indiscriminate nation.
MCA and MIC refuted the suggestion for obvious reasons that they will cease to become a relevant entity. This is due to the fact if there was a one school there would ultimately be a one political party of all races.
This is an obvious point to be discussed, why wouldn’t they condone a brilliant idea in unifying the country? obviously it jeopardizes their selfish interests in personal monetary gains and political influences for the aforementioned.
the country has voted MCA and MIC as an insignificant political entity in the last elections. what i can’t understand is why wouldn’t UMNO get rid of its wounded, nonbeneficial and counterproductive allies.
Why would they risk their political future by being partners with these morons?
well time will certainly tell very soon the predicament that will befall UMNO. It will be the end of its tyranny indeed.
The person who dictate eligible or not eligible strictly follow the 1Malaysia guideline?
Marina, I am sorry, but I have to tell you this is Malaysia. What you can do in the next few years is wait for GE13, exercise your right to vote for a better government!
marina, they reject you although you have great results. My advice is tell all your relatives and friends to reject this govt in the next election.
enough of this….
all these matter wont resolve
corruption, scholarship, civil-servant-service,
TM-internet, higher learning, police & law matters & ETC
know why?……
cause they are part of BN toys, they sight are too weak to diff…..cause “tiok sai”
the only way is to kick them back to the asshoXX cave is…..GE…..DON”T VOTE BN
I’m very sick of najis & all the BN components….
enough is enough!!!
“exercise your right to vote for a better government!”
She’s 17 – Marina’s next opportunity will be to vote against PR!
I still don’t see anything concrete in the latest manifesto to come out from PR in Perak. Why not throw us a few bones to chew on, like a promise to lower the voting age to 18 – like the rest of the world? Wouldn’t it be nice to tell people exactly what they’re voting for?
My goodness, a few generations down the road, Sarawak will be left with no “Bumiputra” of its own if we don’t amend article 161A(6)(b) of the Federal Constitution!!! Is this how the state gov’t “take care” of its people for 52 years???
Jeffrey said that the Constitution defines a Malay as being one who “… was born within the Federation of Malaysia before independence on the 31st of August 1957?. This is not true – as I have pointed out previously on this forum. The relevant section of the Constitution actually only refers to the Federation of MALAYA and Singapore- not to Malaysia (which only came into being in 1963). This is an important distinction.
Sheriff Singh said: “the children and descendents of the Chief Minister are also NOT bumiputras as one parent, their late mother, was a foreigner of Polish descent and not a native”. This is incorrect and shows the danger of passing judgement without looking at all of the facts. The difference between the CM’s kids and Marina is that she does not meet the constitutional definition of a Malay (while a full examination of the facts would allow it to be argued that the CM’s kids do meet this definition).
teckwyn, hasn’t it (ie the constitutional definition of “Malay”) been amended post 1963 (for obviously, “and Singapore” no more applies)?
You said “the difference between the CM’s kids and Marina is that she does not meet the constitutional definition of a Malay”. Does Article 160 (2) of the Federal Constitution defining “Malay” apply to Sarawakian when Article 161A(6)(b) applying to Sarawak states a bumi to be one whose “the father and mother is a native of Sarawak”?
So tell me what’s so special about BUMIPUTRAS? Do they have 2 heads, 5 hands and 10 legs?
Marina can always apply scholarship from Singapore, she will sure get it. Shame on you, Malaysia, opps, it should be Shame on you, 1Malaysia!
Jeffrey: no, this section of the constitution has not been amended post-1963 (and it is by no means obvious that “and Singapore” no more applies – on the contrary, it still applies).
And, yes, Article 160(2) can indeed apply to a Sarawakian if all the criteria are met. For that matter, this can even apply to a Mongolian if all the criteria are met – because you have to note that nationality is NOT one of the criteria in Art 160(2).