Why is PM resorting to concepts not found in constitution, ask rights lawyers

Rights group Lawyers for Liberty (LFL) today hit out at Prime Minister Anwar Ibrahim for invoking the "social contract" in his response to a student who had asked about the Bumiputera quota system for admission to institutes of higher learning, saying there are no provisions for this concept in the Federal Constitution. 

LFL director Zaid Malek said the social contract was "regularly used" in Malaysia by "ethno-nationalists, particularly from Umno, to assert Malay dominance over the other races". 

"The allusion to the social contract to defend the Bumiputera quota in tertiary education is a dog-whistle excuse for defending the concept of 'Ketuanan Melayu' as part of our country’s policies," he said. 

"Both the social contract and Ketuanan Melayu are not concepts that exist in the Federal Constitution, and therefore cannot be used to subvert the sacrosanct principle of equality under Article 8 of the Federal Constitution. 

"Though affirmative action for the Malays and natives of Sabah and Sarawak is present within the constitution via Article 153, its scope is limited. Article 153 certainly does not create any extra-legal concept of 'social contract' in the narrow form advocated by the right-wing, and now echoed by Anwar himself."

Anwar had raised the social contract in his response to a student at a recent event at Kolej Matrikulasi Pulau Pinang who asked if the government would abolish the quota system favouring the Bumiputeras in favour of one based on meritocracy instead. 

The student also asked to be given some time to explain so that she would not be misinterpreted.

"Before I ask my question, I would like to say that I'd like to take one to two minutes to ask my question and also give some explanation for that, so that it won't be misinterpreted."

Anwar nevertheless stopped her several times as she tried to explain her question, stammering at one point.

He also cited the social contract, adding that if he were to "satisfy" the student by abolishing the quota system, it would cost him the elections.

In his statement, Zaid said the social contract was "a pernicious concept that should not be adopted by a prime minister who leads Pakatan Harapan, which is supposed to be a reformist political coalition".
 
"It is highly disturbing that when asked a legitimate question by a student on the pressing problems of educational inequity faced by the non-Malays, Anwar resorts to this kind of pseudo-concept, not found in our constitution or laws," he said.  

"In any event, the quota system in university and colleges contained in Article 153(8A) of the Federal Constitution was only introduced in 1971, so it is not something that was originally part of the constitution to begin with. 

"Just as such an amendment was made, it is also possible for it to be removed at a suitable time. It is not written in stone."

Zaid said Anwar should also consider the comment by the Reid Commission, the independent commission responsible for drafting the constitution prior to independence, that affirmative action under Article 153 should in due course be reduced and ultimately cease operating to ensure equality between races and communities.

He also criticised the prime minister's comment on the upcoming elections, calling it "tacit acknowledgment that the government is not bound by principles of reform but instead by their desire to capture the conservative Malay votes".

"Anwar, who leads the charge of the 'reformist' government, must reject the language and concepts of Malay supremacism such as 'social contract'," he said.

"Above all, he must not give a new lease of life to the febrile fantasies of some sections of the right-wing and extremists. Change is not easy, but it is the charge that has been entrusted to the government and they must not backtrack now for the sake of retaining power."