CEO Morning Brief

Issue of Constitutionality of UiTM Being Exclusively for Bumiputeras Remains Unresolved, Say Lawyers

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Publish date: Fri, 28 Jun 2024, 10:07 AM
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TheEdge CEO Morning Brief

KUALA LUMPUR (June 27): Human rights non-governmental organisation (NGO) Lawyers for Liberty (LFL) said the larger issue of the constitutionality of Universiti Teknologi Mara (UiTM) being exclusively for the Bumiputera remains unresolved.

In a statement on Thursday, LFL director Zaid Malek said this was no small matter.

“It is a national shame that Malaysia still maintains racially-exclusive public institutions, 67 years after independence.

“Let us be clear that nothing in Article 153 permits 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,” he said.

Zaid said excluding non-Bumiputeras from enrolling in UITM is unconstitutional, as it breaches the stipulations of the said provision itself, that the legitimate interest of other communities should be considered and that any reservations made for Bumiputeras should 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 interest only serve to aggravate the racial nature of UiTM’s admission policy,” he said.

Zaid said there is no justification available for the government to maintain UiTM as exclusively for Bumiputeras.

He said it is a breach of the Federal Constitution, and the continued refusal to acknowledge this is a catastrophic failure of the government to uphold the Constitution.

Higher Education Minister Datuk Seri Dr Zambry Abdul Kadir on Wednesday told Parliament that Universiti Malaya (UM) is expected to offer a cardiothoracic specialist training course this October.

Replying to Ramkarpal Singh’s question on whether the government plans to allow non-Bumiputeras to study at UiTM by amending the UiTM Act 1976, Zambry emphasised the importance of maintaining UiTM’s policy to cater specifically to the Malays, Bumiputeras, Orang Asli, and the natives of Sabah and Sarawak.

He said that this effort is aimed at fulfilling the government’s goal of narrowing racial disparities, particularly on socio-economic aspects.

He added that findings from the Ministry of Economy’s Bumiputera Economic Congress 2024 report indicated economic disparities among Bumiputeras in terms of average monthly income, corporate equity ownership, poverty rates, skilled labour production and professional qualifications.

“The establishment of UiTM was a response to the shortage of trained professionals, particularly among the Bumiputera, who were predominantly in unskilled job sectors in the past.

“With UiTM’s establishment, more Bumiputera students get opportunities to pursue higher education and receive training, preparing them to take on various roles in both the public and industrial sectors. This initiative is crucial for enhancing their quality of life and transforming their futures,” he said.

Source: TheEdge - 28 Jun 2024

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