Art Harun calls for periodic review of affirmative action

Lawyer Azhar Harun says the Federal Constitution's dynamism allows for this.

Azhar Harun notes that Malays are still in need and says this proves the failure of affirmative action. (Facebook pic)

PETALING JAYA: An activist lawyer has urged the government to review the country’s affirmative action policies every few years, saying it would then be honouring what he called the “dynamism” of Article 153 of the Federal Constitution.

Speaking to FMT, Azhar (Art) Harun noted that Article 153 uses the word “reasonableness” in describing how the Yang di-Pertuan Agong may allot privileges.

“So there is a dynamic element built into it, a self-checking mechanism,” he said.

“There are two points in Article 153 – the special position of the Malays and natives of Sabah and Sarawak, and the legitimate interests of other communities.

“So you’re supposed to provide privileges for the Malays and the natives of Sabah and Sarawak while taking into account the interests of the other communities based on this reasonableness.”

He said it was therefore important to determine what was reasonable in deciding what would be fair and just.

“You can carry out a study every few years and decide what is a fair time frame. Find out which sector of the community is lagging. Say the Malays are lagging. Which sector of the Malays is lagging? Is it in the villages? Is it in the semi-urban areas? Why are they lagging?

“We have all the data to get this done. Every quarter, Bank Negara releases the economic index and GDP figures and other such data.”

Art’s remarks followed PKR leader Anwar Ibrahim’s statement in an interview with Bloomberg TV about “honouring the guarantees” set out for Malays in the constitution. He also said other races would receive state support based on merit and need.

Anwar was responding to questions on whether he would repeal affirmative action once he becomes prime minister. He had previously called for such policies to be dismantled.

Art said the periodic reviews he was suggesting needed to be done in a transparent manner and their conclusions presented to the public.

“When you assist a section of society by giving them privileges, you are in fact taking away from the other sections,” he said.

“So it has to be transparent. You need to explain why you’re taking a percentage away from the others, where you’re putting that percentage and how you arrived at that percentage.”

Azhar alleged that affirmative action had so far failed to achieve its objective, saying this was proven by the fact that the Malays were still in need of it.

“After 60 years, Malays still need affirmative action,” he said. “That means we have failed all this time. There must be something wrong.” -FMT