Government’s Justification for UiTM’s Bumiputra-Only Policy Is Unconstitutional

Lawyers for Liberty (LFL) refers to a statement by the Minister of Higher Education Zambry Kadir in Parliament last Wednesday in which he stated that the University of Technology of Mara (UiTM) remains closed to non-bumiputra students.

The Minister cited as justification a report from the 2024 “Bumiputra Economic Congress” on the “socio-economic gap”.

It is preposterous and absurd that the government bases its decision on an alleged “report” issued by the so-called Bumiputra Economic Congress.

It cannot be said that this racial congress is objective and impartial. The methodology, if any, used to arrive at its findings is tainted by a lack of racial inclusivity, intersectionality, and the very obvious self-interest of those involved. It is known that his goals were political.

The problems with using the “report” as a factor in determining educational policy were highlighted in the recent debate over the opening of a cardiothoracic surgery program at UiTM. Despite the urgent need to address the shortage (of specialists in this field) in order to strengthen the country’s healthcare system, the government ignored it, claiming that the “special interests of the bumiputras” outweighed any concerns.

Prime Minister Anwar Ibrahim declared in August in an interview with CNBC that he would expand affirmative action from race-based to needs-based.

However, it was yet another in a series of political stunts that have not been backed up by any significant action by his administration, as evidenced by Zambry’s statement in parliament last Wednesday.

The larger question of the constitutionality of the UiTM as exclusive to bumiputras remains unresolved. This is not a trivial 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 authorizes the establishment of a racially exclusive university in Malaysia. Article 153 merely provides that a reasonable percentage of educational privileges shall be reserved for ethnic Malays and natives of Sabah and Sarawak.

Therefore, the exclusion of people who are not bumiputras from enrollment in the UITM is unconstitutional because it violates the provisions of this provision – taking into account the legitimate interests of other communities and ensuring that any objections to bumiputras are reasonably proportionate to these interests.

It can no longer be denied that UiTM’s exclusivity policy resembles an apartheid system.

The refusal to take into account the legitimate interests of other communities, the resort to empty racist rhetoric and references to “reports” prepared by groups with obvious interests only serve to worsen the racist nature of UiTM’s adoption policy.

There is no justification for the government to maintain UiTM exclusively for bumiputras. It is a violation of the Federal Constitution and the continued refusal to recognize it is a catastrophic failure of the government to uphold our Constitution.

LFL calls on the government to immediately address the unconstitutionality of UiTM’s bumiputra exclusivity policy and take immediate steps to ensure compliance with Article 153 of the Federal Constitution.

The opportunities that ethnic minorities are deprived of as a result of UiTM’s unconstitutional, exclusive bumiputra policy cannot continue to harm our country and its future.

Zaid Malek is the director of Lawyers for Liberty.

The views expressed in Aliran’s media statements and our approved NGO statements reflect the official position of Aliran. The views and opinions expressed in other articles published here do not necessarily reflect the official position of Aliran.

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