ALLOWING non-Bumiputera to enter UiTM does not violate Article 153 of the federal constitution, human rights group Lawyers for Liberty (LFL) said.
Its director Zaid Malek said the multitude of statements from various quarters on the issue have misunderstood and twisted the meaning of Article 153 of the constitution and its relation to UiTM.
Zaid was responding to Bersatu Youth’s statement that opening UiTM to other races violates Article 153 of the federal constitution.
“The statement from Bersatu youth was issued in support of UiTM students protesting against a proposal to temporarily allow non-Bumiputera to enrol in the cardiothoracic surgery postgraduate programme.”
“This has also prompted a statement from Higher Education Minister Zambry Abdul Kadir, who states that the matter has not been discussed or approved by his ministry, which stands firm on emphasizing UiTM’s establishment under Article 153 of the federal constitution.”
“This is hardly surprising as successive governments and political leaders since the early ’70s have consistently misinterpreted and abused the application of Article 153 for political gain at the expense of national unity. This has led to disadvantages for non-Bumiputera which is not envisaged by Article 153,” said Zaid.
According to Zaid – a lawyer himself – Article 153(2) allows the king to determine a reasonable proportion of educational privileges for the Malays and the natives of Sabah and Sarawak.
“But Article 153(1) states clearly that the legitimate interests of other communities must be safeguarded when utilising said provision,” he explained.
“As such, there is certainly nothing within Article 153 that would make it unconstitutional to allow non-Bumiputera to enrol in any of UiTM courses,” he added.
In a statement, UiTM said it will stay true to its mission to “empower the Bumiputera” and will not change its student admission policy to take in students of all races.
Vice-chancellor Shahrin Sahib said neither the senate nor executive council had discussed changing its student admission policy, adding this was in line with Zambry’s statement that the government remained committed to the original objectives of UiTM.
Following a proposal for the institution to admit students of all races, Zambry had said that certain parties had taken advantage of the situation to create confusion and conflict.
The UiTM’s student council had opposed the suggestion, urging its members to dress in black in protest.
The student body had said that all 214 of its members firmly defended UiTM’s founding objectives as an institution for Malays, Orang Asli, and the natives of Sabah and Sarawak.
Zaid urged government not to buckle and simply accede to calls by overzealous ethnonationalists who ignore the dire state of the healthcare system.
He added that UiTM is ultimately a public university funded by Malaysian taxpayers and should be utilised to ensure that the healthcare system of the country does not deteriorate any further.
“The availability of surgeons could mean the difference between life and death to the public, whether they are non-Bumiputera or Bumiputera.”
“The political system makes differences between Bumi and non-Bumi, but disease does not,” he stressed. – May 18, 2024.
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