LETTER | Mandate for change: Fulfilling constitutional equality in all areas

LETTER | Article 8 (1) of the Federal Constitution specifically states that all Malaysians are equal under the law and enjoy equal protection of the law. Yet, forgetting or purposeful omission of the principle of equality in our Federal Constitution seems to be a long-standing unofficial state strategy for creating imbalance and inequity in society.

Proponents of race-based affirmative action argued that Article 153 gives the right to the government to “safeguard(ing) the special position of the 'Malays' and natives of any of the states of Sabah and Sarawak”. This, however, does not mean that state policies and practices should or ought to be dictated by racial sectarianism at the expense of Article 8(1).

Critically, the same provision of Article 153 also requires the government to safeguard “the legitimate interests of other communities".

Moreover, Malaysians should be reminded of Article 8(2) which stipulates that “there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth or gender” unless this is “expressly authorised by this Constitution”.

Followingly, it is crystal clear from the wording of Article 153 that the Article does not expressly nor explicitly give the government the constitutional right to override Article 8(1), that is, to act inequitably and unfairly.

There is no indication from Article 153, however slight, of any constitutional permissibility of discrimination on the basis of race, religion, or gender. Such kind of constitutional rule does not exist if one is to read Article 153 in full.

Since it is clear that the Constitution does not expressly provide for Article 153 to override Article 8(1), it thus follows that government should exercise Article 153 under the checks of Article 8(1).

It also follows that any laws or policies must not deprive all racial, religious, and gender groups of equal protection, privileges, and opportunities in all areas of life in society, such as employment, education, housing and sports.

Any of the existing race-based laws and policies that do not go against this spirit are clearly contrary to the clear and express intention of our Constitution for the government to affirm and uphold the undisputable principle that “all persons are equal before the law” in Article 8(1).

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.