PRIME Minister Anwar Ibrahim’s reliance on a “social contract” to justify university quota is repugnant and unconstitutional, Lawyers for Liberty (LFL) said.

This move, they said, will only strengthen the misguided idea of “ketuanan Melayu” (Malay supremacy).

LFL director Zaid Malek said the group is appalled that Anwar, who claims to be reformist, invoked the notorious “social contract” when speaking of equitable access to tertiary education.

“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

“The ‘social contract’ excuse has been regularly used in Malaysia by ethno-nationalists, particularly from Umno, to assert Malay dominance over the other races,” he said in a statement.

On July 8, Anwar said the quota system for Bumiputera students in education needs to be maintained to balance the number of students from the community in higher learning institutions.

Anwar said if the system was not retained, it could cause an imbalance in the number of Malays – who form the majority of Bumiputeras – in universities, especially in certain disciplines.

Free Malaysia Today on Saturday reported Anwar said Pakatan Harapan (PH) and Barisan Nasional will lose all future polls if the unity government were to abolish Bumiputera quotas in universities.

Anwar said calling for the system to be scrapped will “lead to turmoil in the country”, adding that Malaysia’s history and “social contract” must be considered in the discourse on Bumiputera quotas.

Zaid said it is a pernicious concept that should not be adopted by a prime minister who leads PH, which is supposed to be a reformist coalition.

“Anwar, who leads the charge of the ‘reformist’ government, must reject the language and concepts of Malay supremacism such as ‘social contract’.

“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.”

Zaid was referring to Anwar’s dialogue with Kolej Matrikulasi Pulau Pinang students on Saturday.

While answering a student’s question on education quotas, Anwar tried to justify the Bumiputera quota for university and college seats on grounds of the “social contract”.

Zaid said both “social contract” and “ketuanan Melayu” are not concepts in the Federal Constitution and therefore cannot be used to subvert the sacrosanct principle of equality under article 8 of the constitution.

“Though affirmative action for 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.”

Zaid said it is highly disturbing that when asked a legitimate question by a student on the pressing problems of educational inequity faced by non-Malays, Anwar resorted to a pseudo-concept not found in the constitution or legislation.

“The quota system in universities and colleges contained in article 153(8A) of the Federal Constitution was only introduced in 1971.

“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 it is not a provision that aims to protect a phantasmal “social contract”, but to ensure the underprivileged have equal opportunity to enrol in higher learning institutions.

Zaid said if Anwar speaks of history, as the latter mentioned to the student who posed the question, then he should also consider the comment by the Constitutional (Reid) Commission, which stated in its report that the present affirmative action under article 153 should in due course be reduced and ultimately cease operating to ensure equality between races and communities.

“Stating that he is afraid to lose the elections if varsity quotas are scrapped is tacit acknowledgement that the government is not bound by principles of reform, but instead guided by its desire to capture conservative Malay votes. It is an unmistakable betrayal of the promise of reform,” Zaid said. – August 7, 2023.