Bumiputera (Malaysia)

Bumiputera or Bumiputra (Jawi: ‫ )ﺑﻮﻣﻴﭭﻮﺗﺮا‬is a controversial Malaysian term to describe Malays and other indigenous peoples
of Southeast Asia, i.e. the Malay world, used similarly as in Indonesia and Brunei. The term is derived from the Sanskrit and later
absorbed into the classical Malay word bhumiputra [Sanskrit "भूिमपु "], which can be translated literally as "son of the land" or
"son of the soil".

In the 1970s, the Malaysian government implemented policies designed to favour bumiputras (including affirmative action in
public education and in the public sector) to create opportunities, and to defuse interethnic tensions following 13 May Incident in
1969.[1] Originally intended to be a temporary measure, these policies are still in effect and have been described as racially
discriminatory.[2] Although the policies have succeeded in creating a significant urban Malay and Native Bornean middle class,
they have been less effective in eradicating poverty among rural communities.[3][4] Some analysts have noted a backlash of
resentment from excluded groups, in particular the sizeable Chinese and Indian Malaysian minorities.[5]

Contents
Definition
History
Policy
Controversy
Early debate
Present debate
Present condition of the Bumiputra
National identification card system and Bumiputera
See also
Notes and references
External links

Definition
The concept of a bumiputra ethnic group in Malaysia was coined by Abdul
Razak Hussein. It recognised the "special position" of the Malays provided in the
Constitution of Malaysia, in particular Article 153. However, the constitution
does not use the term bumiputra; it defines only "Malay" and "indigenous
peoples" (Article 160(2)),[6] "natives" of Sarawak (161A(6)(a)),[7] and "natives"
of Sabah (Article 161A(6) (b)).[7] Definitions of bumiputra in public use vary
among different institutions, organisations, and government departments and
agencies.

In the book Buku Panduan Kemasukan ke Institusi Pengajian Tinggi Awam, A diagram of the special position of
Program Pengajian Lepasan SPM/Setaraf Sesi Akademik 2007/2008 Bumiputras under the Malaysian
Constitution
(Guidebook for entry into public higher learning institutions for SPM/equivalent
graduates for academic year 2007/2008), the Malaysian Higher Education Ministry defined bumiputra as follows, depending on
the region of origin of the individual applicant:[8]

1. Peninsular Malaysia

"If one of the parents is Muslim Malay/Orang Asli[9] as stated in Article 160 (2) Federal Constitution of
Malaysia; thus the child is considered as a Bumiputra"
2. Sabah

"If the child was born in Sabah or the father was domiciled in Sabah at the time of birth, and one of the
parents is an indigenous native of Sabah as stated in Article 161A (6)(b) Federal Constitution of Malaysia;
thus his child is considered as a Bumiputra"
3. Sarawak

"If both of the parents are indigenous natives of Sarawak as stated in Article 161A (6)(a) Federal Constitution
of Malaysia; thus their child is considered as a Bumiputra"

In addition to the interpretation given above, a broader definition of bumiputra include groups such as native Indonesians,
Malaysian Siamese, Muslim Indian Malaysians, Peranakan and the Kristang people of Portuguese-Eurasian descent.[10] Most of
these encompass communities that were established in southeast Asia prior to the arrival of the British colonialists who forever
altered the demographics of Malaysia. Others favour a definition encompassing all children of Bumiputra; there have been
notable cases of people with one Bumiputra parent and one non-Bumiputra parent being dismissed as non-Bumiputra.[8]

History
At the time of Malaya's independence from the British in 1957, the population included many first or second-generation
immigrants who had come to fill colonial manpower needs as indentured labourers. Chinese legal immigrants, who typically
settled in urban areas, played a significant role in the commercial sector after the Indians left the country to return to India, many
of the commercial sectors were sold to the Chinese immigrants. The Communities Liaison Committee (CLC), comprising leading
politicians from different racial backgrounds, supported the promotion of economic equality for the Malays, conditional on
political equality for the non-Malays. CLC member E.E.C. Thuraisingham later said, "I and others believed that the backward
Malays should be given a better deal. Malays should be assisted to attain parity with non-Malays to forge a united Malayan
Nation of equals."[11]

Article 153 of the Constitution states that,

It shall be the responsibility of the Yang di-Pertuan Agong to safeguard the special position of the Malays and
natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities in accordance
with the provisions of this Article.

Article 160 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 of
Malaya on 31 August 1957, or the issue (off-spring) of such a person."

Article 8 of the Constitution, states that all Malaysian citizens shall be equal under the law, and "Except as expressly authorised
by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent or place of birth
in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating
to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation
or employment." Article 153 itself expressly forbids particular forms of discrimination; clause 5 states that "All persons of
whatever race in the same grade in the service of the Federation shall, subject to the terms and conditions of their employment, be
treated impartially," while clause 9 states: "Nothing in this Article shall empower Parliament to restrict business or trade solely
for the purpose of reservations for Malays."
The term of the Bumiputras' special position has been disputed. The Reid Commission, which drafted the Constitution, initially
proposed that Article 153 expire after 15 years unless renewed by Parliament. [12] This qualification was struck from the final
draft. After the 13 May Incident in 1969, representatives within the government argued over whether the special position of the
bumiputras ought to have a sunset clause.

Ismail Abdul Rahman argued that "the question be left to the Malays themselves because ... as more and more Malays became
educated and gained self-confidence, they themselves would do away with this 'special position'." Ismail believed the special
position was "a slur on the ability of the Malays."[13] In 1970, however, one member of the Cabinet said that Malay special rights
would remain for "hundreds of years to come."[14]

In the 1970s, the government implemented the New Economic Policy (NEP), designed to be a more aggressive form of
affirmative action for the Bumiputra than Article 153. Article 153 provides specifically for the use of quotas in the granting of
scholarships, positions in the civil service, and business licences, as well as native reservations of land. Policies under the rubric
of the NEP include subsidies for real estate purchases, quotas for public equity shares, and general subsidies to Bumiputra
businesses.

Former Prime Minister Abdullah Ahmad Badawi and his predecessor Dr. Mahathir bin Mohamad have both suggested that
Malays should depend less on government assistance. Many observers believe full abolition of bumiputra privileges is unlikely,
especially in view of the constitutional issues involved, although successive administrations since Mahathir have attempted to
reform the system of government aid for the bumiputra. Some bumiputra groups believe further affirmative action is necessary.

Parliament began to use the term bumiputra in 1965. Following debate of the act to create the Majlis Amanah Rakyat (MARA),
the government founded an agency to preserve bumiputra interests.[15]

In July 2017, Prime Minister Najib Razak said that the government would consider the request of the Muslim Indian community
to be recognized as Bumiputera, in what is seen as a move to woo voters in the lead-up to the upcoming general election.[16]

Policy
Certain but not all pro-bumiputra policies exist as affirmative action for
bumiputras, for NEP is racial-based and not deprivation-based. For instance, all
Bumiputra, regardless of their financial standing, are entitled 7 percent discount
on houses or property, including luxurious units; whilst a low-income non-
Bumiputra receives no such financial assistance. Other preferential policies Some institutes of higher learning,
include quotas for the following: admission to government educational such as the Open University
Malaysia, have enacted admission
institutions, qualification for public scholarships, marking of universities exam
policies favouring bumiputra
papers, special bumiputras-only classes prior to university's end of term exams,
students.
for positions in government, and ownership of businesses. Most of the policies
were established in the Malaysian New Economic Policy (NEP) period. Many
policies focus on trying to achieve a bumiputra share of corporate equity, comprising at least 30% of the total. Ismail Abdul
Rahman proposed this target after the government was unable to agree on a suitable policy goal.[13]

In a report titled 2012 Investment Climate Statement - Malaysia published by the Bureau of Economic and Business Affairs (US
Department of State), under the heading "Ethnic Preferences", part of a paragraph succinctly describes the reality of such
Bumiputra policy as follows:"Many of the preference policies are opaque, with details of implementation largely left to the
various ministries and civil servants within those ministries. Policies and practices vary greatly. Some practices are explicit and
contained in law or regulation, while others are informal, leaving much ambiguity for potential investors. The civil service itself
is subject to Bumiputra hiring preferences. The NEM [New Economic Model] proposes reforming ethnic preferences in business
ownership and social safety net programs. Some conservative Bumiputra groups have voiced strong opposition to any significant
changes to the extensive preferences."[17]
Examples of such policies include:

Companies listed on the Kuala Lumpur Stock Exchange (Bursa Saham Kuala Lumpur) used to adhere to a 30%
bumiputra ownership of equity to satisfy listing requirements. Foreign companies that operate in Malaysia also
must adhere to this requirement. This was policy was canceled in 2009. [18]
For a limited period, a certain percentage of new housing in any development has to be sold to bumiputra
owners. Housing developers are required to provide a minimum 7% discount to bumiputra buyers of these lots.
This is required regardless of the income level of the potential buyer. Remaining unsold houses after a given time
period are allowed to be sold to non-bumiputera if the developer proves attempts have been made to fulfil the
requirement. There is no bumiputra discount on existing housing.
A basket of government-run (and profit-guaranteed) mutual funds are available for purchase by bumiputra buyers
only. The Amanah Saham Nasional (ASN) has return rates approximately 3 to 5 times that of local commercial
banks.
Many government-tendered projects require that companies submitting tenders be bumiputra owned. This
requirement has led to non-bumiputras teaming up with bumiputra companies to obtain projects, in a practice
known as "Ali Baba". Ali, the bumiputra, is included solely to satisfy this requirement, and Baba (the non-
bumiputra) pays Ali a certain sum in exchange.
Projects were earmarked for bumiputra contractors to enable them to gain expertise in various fields.
Approved Permits (APs) for automobiles preferentially allow bumiputra to import vehicles. Automotive companies
wishing to bring in cars need to have an AP to do so. APs were originally created to allow bumiputra participation
in the automotive industry, since they were issued to companies with at least 70% bumiputra ownership. In 2004,
The Edge (a business newspaper) estimated that APs were worth approximately RM 35,000 each. They also
estimated that the late Nasimuddin Amin, the former chairman of the Naza group, received 6,387 in 2003,
making him the largest single recipient of APs. More than 12,200 APs were issued in 2003. In addition to APs,
foreign car marquees are required to pay between 140% to 300% import duty.
As a result of these policies, many bumiputera with good connections quickly became millionaires. According to Tan Sri Rafidah
Aziz, former Minister of Trade and Industry, the policy was to create "Towering Malays". In 2005 she gave a speech that stated:
"If there are young Malay entrepreneurs whose companies are successful, then we appreciate their success, we want Towering
Malays of glokal (global and local) standard". She also said that the policy of Approved Permits (APs) had produced many
bumiputera entrepreneurs in the automotive industry.[19]

Since 2000, the Government has discussed phasing out certain affirmative action programs and reinstating "meritocracy". In 2003
it began the system of "Malaysian model meritocracy" for university admission. Admission to public universities was not based
upon a common examination such as the SAT or A-Levels, but rather upon a two parallel systems of either a one-year
matriculation course or a two-year STPM (Malaysian Higher School Certificate) programme. Bumiputras compose an
overwhelming majority of entrants to the matriculation programme. It is a commonly-held belief that the public university entry
requirements are easier for matriculation students and disproportionately difficult for STPM students.

Quotas also exist for Public Services Department (JPA) scholarships, full scholarships offered to students to study in leading
universities worldwide. These scholarships are given on the basis of SPM (Malaysian Education Certificate, the equivalent of O-
Levels) results, ethnic group, and certain quotas. The JPA scholars are sent to selected pre-university programmes offered by the
government — from there, they apply to universities.

Controversy

Early debate
In the 1965 session of Parliament, Singapore's Prime Minister Lee Kuan Yew (who was also a Member of that Parliament)
questioned the implementation of Malay rights as proposed. Lee asked, "How does the Malay in the kampung find his way out
into this modernised civil society? By becoming servants of the 0.3 per cent who would have the money to hire them to clean
their shoe, open their motorcar doors?" and "How does telling a Malay bus driver that he should support the party of his Malay
director (UMNO) and the Chinese bus conductor to join another party of his Chinese director (MCA) — how does that improve
the standards of the Malay bus driver and the Chinese bus conductor who are both workers in the same company?"[20]
Lee closed with "Meanwhile, whenever there is a failure of economic, social and educational policies, you come back and say, oh,
these wicked Chinese, Indian and others opposing Malay rights. They don't oppose Malay rights. They, the Malay, have the right
as Malaysian citizens to go up to the level of training and education that the more competitive societies, the non-Malay society,
has produced. That is what must be done, isn't it? Not to feed them with this obscurantist doctrine that all they have got to do is to
get Malay rights for the few special Malays and their problem has been resolved."[21]

Present debate
At the 2004 annual general assembly of the United Malays National Organisation, which is the largest member of the governing
coalition, deputy chair Badruddin Amiruldin cautioned against questioning the Bumiputras' special rights, which met with
approval from the delegates: "Let no one from the other races ever question the rights of Malays on this land. Don’t question the
religion because this is my right on this land."[22] In 2004, Mohd. Johari Baharum, parliamentary secretary of the Prime
Minister's Department, stated that the PSD scholarships would remain quota based. He added that there were no plans to convert
this to a merit based system, and that the total value of the PSD scholarship since 1996 was 2.4 billion Ringgit.[23]

Another controversial aspect is that the Orang Asli of peninsular Malaysia are not considered Bumiputra under the Federal
constitution. As their settlement predates that of the Malays, this is considered by many, that Bumiputra is about the promotion
one religion over another, especially since Orang Asli are much worse off than Muslim Malays. Others argue that the Orang Asli
are in fact considered Bumiputra.[24]

On 1 March 2009, Datuk Nik Aziz Nik Mat, the spiritual leader of the opposition Pan-Malaysian Islamic Party stated that the
term “bumiputera” is racist and the policy prevented other races from receiving government aid. Nik Aziz’s remarks were made
in response to the criticisms and threats made by UMNO against Democratic Action Party’s Dr Boo Cheng Hau, the opposition
leader in Johor when Dr Boo was reported to have compared “bumiputeraism” with state apartheid.[25]

On 1 February 2015, Swiss academic Dr Tariq Ramadan addresses on how the non Muslims have been treated as second class
citizens. He stated: “I’m sorry but some of your fellow citizens in this country who are not Muslims are facing this
discrimination, they are facing injustices.”[26]

Present condition of the Bumiputra

In 2006, the then Minister of Higher Education, Mustapa Mohamad, has stated that he wants public universities to recruit more
non-bumiputra academic staff to "strive for world-class institutions", which may signal a move toward less racial profiling in
academia.[27]

However, the manufacturing sector is exempted from the Foreign Investment Committee (FIC) Guidelines and the mandatory
30% Bumiputera equity and restrictions in market entry have been removed for all (manufacturing) sub-sectors.[28]

National identification card system and Bumiputera

Malaysia requires citizens to carry a national identification card called MyKad. Smart Cards identify citizens as Muslims or Non-
Muslims.[29] Any Malaysian citizen can proclaim themselves to be Muslim but the National identification card does not specify
whether or not the holder is a bumiputera.

See also
Bumiputera (Brunei)
Ketuanan Melayu
Social contract (Malaysia)
Malayness
 Malay world
Malay Archipelago
East Indies
Malay race
Maphilindo
Nusantara
Greater Indonesia

Notes and references

1. "The slaughter of sacred cows" (http://www.economist.com/node/1677328). The Economist. 3 April 2003.
Retrieved 22 July 2011.
2. "A Never Ending Policy" (https://www.economist.com/briefing/2013/04/27/a-never-ending-policy). The Economist.
27 April 2013. Retrieved 20 April 2019.
3. Malaysia ethnic tribes forced to convert (https://www.youtube.com/watch?v=U47j2dS6C_I)
4. Outcasts in their own land - The Orang Asli (https://www.youtube.com/watch?v=IXLHBZvUhrQ)
5. Racial Quotas In Malaysia: Grim Warning For America (https://vdare.com/articles/racial-quotas-in-malaysia-grim-
warning-for-america)
6. "Part XII: General and Miscellaneous, Constitution of Malaysia (Articles 152–160)" (http://www.helplinelaw.com/la
w/constitution/malaysia/malaysia12.php), helplinelaw.com. Accessed 30 May 2007
7. Part XIIA: Additional Protections for States of Sabah and Sarawak, Constitution of Malaysia (Articles 161 – 161h)
(http://www.helplinelaw.com/law/constitution/malaysia/malaysia12a.php), helplinelaw. Accessed 30 May 2007
8. "Being 'mixed' is no privilege" (https://web.archive.org/web/20091101102147/http://www.theborneopost.com/?p=6
0757). Borneo Post. 29 October 2009. Archived from the original (http://www.theborneopost.com/?p=60757) on 1
November 2009. Retrieved 29 October 2009.
9. "Takrifan Bumiputera (The definition of Bumiputera)" (https://web.archive.org/web/20120205100541/http://www.o
nline.uitm.edu.my/takrif_bumi.cfm) (in Malaysian). Ministry of Higher Education (Malaysia). Archived from the
original (http://online.uitm.edu.my/takrif_bumi.cfm) on 5 February 2012. Retrieved 27 February 2012.
10. "Malaysia: The People of Malaysia" (http://www.tripadvisor.com/Travel-g293951-c4204/Malaysia:The.People.Of.
Malaysia.html), TripAdvisor
11. Ongkili, James P. (1985). Nation-building in Malaysia 1946–1974, pp. 82–84. Oxford University Press. ISBN 0-
19-582681-7.
12. Kee, Beng Ooi (2015). Lim Kit Siang: Defying the Odds. Singapore: Marshall Cavendish International (Asia) Pte
Ltd. ISBN 978-9814516259.
13. "Snag in policy implementation", New Straits Times, 31 December 2006, pp. 8–9
14. Lim, Kit Siang (1978). Time Bombs in Malaysia, p. 218 (2nd ed.). Democratic Action Party. No ISBN available.
15. Tan, Chee Koon & Vasil, Raj (ed., 1984). Without Fear or Favour, p. 10. Eastern Universities Press. ISBN 967-
908-051-X.
16. http://m.todayonline.com/world/asia/putrajaya-study-indian-muslims-call-be-recognised-bumiputera
17. "Malaysia" (https://2009-2017.state.gov/e/eb/rls/othr/ics/2012/191191.htm). State.gov. Retrieved 6 February
2014.
18. "Scrapped — 30% bumi equity rule" (http://www.theedgemarkets.com/article/scrapped-%E2%80%94-30-bumi-eq
uity-rule). The Edge Markets. 1 July 2009. Retrieved 1 May 2019.
19. [1] (https://archive.today/20070810220021/http://web5.bernama.com/events/umno2005/news.php?id=146744&la
ng=en)
20. "Memoirs Of Lee Kwan Yew" (http://edition.cnn.com/ASIANOW/asiaweek/98/0925/cs2-4.html). CNN.
21. Lee, Kuan Yew (2000). The Singapore Story, Abridged edition, pp. 327–328. Federal Publications.
22. Gatsiounis, Ioannis (2 October 2004). "Abdullah stirs a hornets' nest" (http://atimes.com/atimes/Southeast_Asia/F
J02Ae05.html). Asia Times. Retrieved 8 November 2009.
23. "malaysiakini.com" (http://www.malaysiakini.com/news/30623). malaysiakini.com. 7 October 2004. Retrieved
6 February 2014.
24. "temiar.com" (http://www.temiar.com/temiar.html). temiar.com. Retrieved 6 February 2014.
25. "Nik Aziz says 'bumiputera' term is racist" (https://web.archive.org/web/20090302051938/http://www.themalaysia
ninsider.com/index.php/malaysia/19428-nik-aziz-says-bumiputera-term-is-racist). The Malaysian Insider. 1 March
2009. Archived from the original (http://www.themalaysianinsider.com/index.php/malaysia/19428-nik-aziz-says-bu
miputera-term-is-racist) on 2 March 2009. Retrieved 1 March 2009.
26. "Look in the mirror, Muslim don tells Malaysians critical of Western discrimination" (http://www.themalaymailonlin
e.com/malaysia/article/look-in-the-mirror-muslim-don-tells-malaysians-critical-of-western-discrimi). 1 February
2015. Retrieved 5 July 2015.
27. Goh, Leanne (30 August 2006). "Archives | The Star Online" (https://web.archive.org/web/20071023222954/htt
p://thestar.com.my/news/story.asp?file=%2F2006%2F8%2F30%2Fnation%2F15280966&sec=nation).
Thestar.com.my. Archived from the original (http://thestar.com.my/news/story.asp?file=/2006/8/30/nation/1528096
6&sec=nation) on 23 October 2007. Retrieved 6 February 2014.
28. "amfta-Mansurpapar" (https://web.archive.org/web/20121030162537/http://www.apec.org.au/amfta-Mansurpaper.
pdf) (PDF). Archived from the original (http://www.apec.org.au/amfta-Mansurpaper.pdf) (PDF) on 30 October
2012. Retrieved 6 February 2014.
29. M.Krishnamoorthy (23 December 2005). "Easy step to amend religion in MyKad, The Star On-Line, BY M.
Krishnamoorthy, Friday December 23, 2005" (https://web.archive.org/web/20060128131642/http://thestar.com.m
y/news/story.asp?file=%2F2005%2F12%2F23%2Fnation%2F12943878&sec=nation). Thestar.com.my. Archived
from the original (http://thestar.com.my/news/story.asp?file=/2005/12/23/nation/12943878&sec=nation) on 28
January 2006. Retrieved 6 February 2014.

External links
Indian Community Victim of ‘Bumiputera’ Policy, Observer Research Foundation, By Dilip Lahiri, February 2008
(https://web.archive.org/web/20160527063738/http://www.observerindia.com/cms/export/orfonline/modules/issue
brief/attachments/malaysia_1203067850658.pdf)
The “Allah” case in Malaysia, World Press, By Dr Marranci, 18 January 2010 (https://web.archive.org/web/20100
123164640/http://marranci.wordpress.com/2010/01/18/the-allah-case-in-malaysia/)
2012 Investment Climate Statement - Malaysia, By BUREAU OF ECONOMIC AND BUSINESS AFFAIRS, U.S.
Department of State, June 2012 (https://2009-2017.state.gov/e/eb/rls/othr/ics/2012/191191.htm)

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