Article 152 of the Singapore Constitution, and why we're different from Malaysia

I had previously touched on Article 152 of our Constitution when MM Lee Kuan Yew cited it and interpreted that article as one that protects inequality even amongst Singaporeans. In my opinion, my reading of this article is one of affirmative action for the Malays, and seeks to ensure a level playing field for the indigenous people and minority races in Singapore against a large Chinese majority.

As with any majority, there is a constant danger of ignoring the needs and sensitivities of minorities, and giving rise to unequal treatment. It is a moral obligation for the majority to pay heed and protect the minority. Some call it coddling, but I do not see it as such. It is extremely easy to ignore voices from minorities, and without such articles some would even say it is Constitutionally mandated. It is not about giving priorities to anyone, but rather about not giving anyone any priorities, and ensuring equal opportunities for all citizens.

Which is why we are different from Malaysia.

Article 153 of the Malaysian Constitution also protects the rights of the Malays as the indigenous people of Malaysia, but that is where its similarity to our own Article 152 ends. In Singapore, the minority race is protected, but in Malaysia, it protects the majority race. This has resulted in affirmative action policies that benefit only the Malays, from real estate ownership to university admissions, and has caused resentment amongst the minorities in Malaysia.

When the Reid Commission recommended the implementation of Article 153 in the Malaysian Constitution, it was done with consideration of the economic situation; as late as 1970, Malays controlled only 4% of the economy. It made sense back then at the time of the Reid Commission; whether it makes sense now is up to the Malaysian people to decide. Former Malaysian Prime Ministers, Mahathir and Abdullah Badawi, has openly admitted this is a crutch that could eventually cripple Malaysia, a future that Malaysians do not want.

As for Datuk Zainuddin Maidin casting Singapore as "a Third World democracy despite having a developed world mentality", while Malaysia "has a Third World mentality but a developed world democracy", it reminds us that making demons out of foreign countries is a well-worn political tactic employed with varying degrees of success. North Korea and Iran have constantly used the US in that way, and when George W. Bush named both countries part of the "Axis of Evil", he returned the favour, sadly, with resounding success.

We should not overlook the validity of the message, despite the messenger's lack of credibility or the suspicion of his intent. We are sadly, a Third World democracy, and we should be working to change that. Having said that, I also do not believe we have a "developed world mentality". If the majority of Singaporeans have a developed world mentality, we would be in a better place by now.

In Malaysia, the continuing political unrest shows us that they are merely on the cusp of a first world democracy. Anwar Ibrahim is still involved in politically-motivated lawsuits, testament to the ruling party's fear and resistance to change. The Malaysian people however, are leagues ahead of us. This is a fact that Singaporeans must acknowledge. And for their efforts in fighting for their ideals, the Malaysians should be respected.

But let us not get too caught up with Datuk Zainuddin's statements and spring into fervoured nationalistic defense without considering the content of his assertions. It is natural to want to defend your country, and perfectly within our rights to push back, but we cannot afford to dismiss the truths, no matter how inconvenient or uncomfortable, in a message because we dislike the messenger. While we are not promoting overtly discriminatory policies or practices, I would argue that covertly discriminatory policies or practices are just as detrimental. We are not particularly proud of our failing system, but neither are the Malaysians.

But at least the Malaysian people are doing something about it.

Update on Thursday, September 3, 2009 at 10:21PM by Callan Tham

Alfian Sa'at wrote an excellent piece on why Article 152 of our Constitution should not be repealed and a reminder of why we should be more mindful of the rights of minorities:

The tendency of any majority, if left unchecked, is towards tyranny. The tendency of any minority, if left unattended, is towards alienation. The presence of Section 152, a constitutional guarantee of minority protection, goes a long way towards alleviating the damaging forces of such vectors in our society. Far from undermining equality, Section 152 is an attempt to rectify asymmetries of power, to achieve parity, among those who are not born equal. It takes a particular form of genius to observe the reverse.

Thank you, sir, for putting in short and succinct terms what I had rambled on to say. Article 152 is too important to be repealed, and we would do well to be as insensitive or belligerent, intentionally or not, as the woman who shouted "Majority, what!" in that post. It is people like her who makes me feel ashamed to be Chinese in this country.