Affirmative Action Required - The Case For Meritocracy
AFFIRMATIVE ACTION REQUIRED – THE CASE FOR MERITOCRACY
From the title of this piece of literature, it may be gleaned with some degree of mockery that ‘affirmative action' in this context is being referred to as a jibe to the intended meaning under Article 153 of the Federal Constitution of Malaysia wherein the said Article (which has been branded as ‘racist' and a direct violation of human rights) has led to the implementation of affirmative action policies which benefit only the ‘Bumiputera', who comprise the majority of the population with the resulting consequence of marginalizing the minority ethnic races in Malaysia, predominantly and significantly the Indian and Chinese races. Hence, the title calls out for ‘affirmative action' (in the context of a positive and dire necessary compelling change) to implement ‘meritocracy' as a criteria of fair and equitable policy of assessment in relation to various aspects of the Malaysian multi-ethnic society / state. Apart from pleading the case for implementing meritocracy as being a general criteria of fair assessment in various contexts for example, in the sphere of equal opportunities in the field of education, employment, application for financing assistance, housing etc., this article also aims to pose the very pertinent question as to whether such a basis of assessment would be viable in a heterogeneous type of society where there obviously exists disparity of competency levels / skills between the different races.
At the outset, it is obviously necessary to identify the meaning and implications of this concept of ‘meritocracy'. In its most basic form, Wikipedia explains meritocracy as a political philosophy that holds power should be vested in individuals according to merit. Advancement in such a system is based on perceived intellectual talent measured through examination and / or demonstrated achievement in the field where it is implemented. The most common definition of meritocracy conceptualizes merit in terms of tested competency and ability, and most likely, as measured by IQ or standardized achievement tests [Levinson, David; Sadovnik, Alan R. (2002). Education & Sociology : An Encyclopedia. Taylor & Francis. P. 436.]. In government or other administrative systems, meritocracy, in an administrative sense, is a system of government or other administration (such as business administration) wherein appointments and responsibilities are objectively assigned to individuals based upon their "merits" , namely intelligence, credentials, and education, determined through evaluations or examinations [Young Michael (1958). The rise of the meritocracy, 1870 – 2033: An essay on education and inequality. London: Thames & Hudson]. Supporters of meritocracies do not necessarily agree on the nature of "merit", however, they do tend to agree that "merit" itself should be a primary consideration during evaluation.
In Malaysia, the removal of meritocracy as criteria of assessment is seen to have developed gradual roots in post-colonial Malaysia, primarily starting with the fact of Article 153 in the Federal Constitution of Malaysia that provided for the special position of the Malays. This proclaimed unquestionable / unchallengeable right entrenched in the Federal Constitution of Malaysia eventually led to the creation of the Malaysian New Economic Policy (NEP) which under the guise of "eventually eradicating poverty…..irrespective of race", in actual fact conferred upon the Bumiputera, predominantly Malay race the right to altogether eradicate meritocracy as criteria of assessment hence consequently resulting in a marginalized heterogeneous society where racial polarization is clearly and unabashedly evident and where special ‘quota-based privileges' are automatically accorded to the Malay race who claim to be entitled to these privileges ‘as of right'. As we are all fully aware, the effects of the NEP are ‘alive and kicking' in society today where assessment of anything for the benefit of citizens is certainly not on merit, resulting in an unbalanced, racially-biased, dysfunctional, paradoxical type of society where there is clear and overt suppression of talented minority ethnic non-Bumiputera races in favour of the majority generally less competent but nevertheless accorded privileged Malay Bumiputera race. This ‘unnatural framework' in itself seems to suggest the lack of inherent talent / competency of the general majority Bumiputera race hence compelling desperate ‘affirmative actions' / measures on the part of the ruling Government by their acts of distorting facts in order to cater to safeguards against ‘meritocracy' as a basis / criteria of general assessment and instead substituting this with a race-based criteria of assessment. This kind of non-humanitarian, elitist an undemocratic domestic framework is now in great peril of causing the decay / decline of the society in view of rapid globalization which necessarily demands that ‘merit' be the basis of assessment for there to be healthy and fair competition from a global perspective. Hence, the current ‘Malaysian crisis' where merit has no place in society as criteria of assessment will in the very near future eventually lead to the crippling / stagnation of the Malaysian economy which will not be able to compete effectively on a global front. In fact, currently, early symptoms / signs of this ‘beginning of the end' scenario is already apparent in light of the ‘brain drain' syndrome wherein we see an exodus of intelligent / talented people of the ethnic minority races, leaving the country in droves – apparently heading towards merit-based societies where they may put their talents to good use apart from earning a decent livelihood, free of the paranoia and real risk of material suppression of talent, marginalization, the risk of loss of employment as a result of quota based rules and practices, features which are teeming and clearly apparent in the current Malaysian landscape.
Even from the perspective of foreign investment, we see that many potential foreign investors are put-off by having to part with 30% equity in a Company to Bumiputeras in compliance with the domestic regulations for investing in Malaysia – again the race-based quota is seen to subvert fair / merit-based equity. Hence, there is also drain in foreign investment locally as these foreign investors are scouting other jurisdictions where they need not contend with so much of ‘inequitable' criteria for investment. Can Malaysia honestly stay economically resilient with a significant lack of foreign investment? Even with an abundance of natural resources, to what extent can an economy be significantly and predominantly self-dependent? The ill-effects of a non-merit based society may be seen to seep into other spheres of the framework of society such as education, employment, business etc.. Perhaps the most detrimental effects of this system are seen at the stage of inception i.e. education where a quota-based system with underlying race-based criteria is seen to be rooted at all levels of education right up to tertiary level. In view of the fact that a very low standard / yardstick of achievement generally prevails throughout the education sector from the most elementary level right up to the tertiary level (to facilitate the process for the majority generally less competent Bumiputera race by having in place general low standards), this in effect stifles / cripples the potential of the generally more competent minority races, hence, resulting in a kind of ‘mental degenerative' society which can never be at par with internationally high levels / standards of competency. As a result of the damage done at the education stage, the result is a young workforce that is unable to engage in any kind of independent thinking and analysis, lacks innovative and creative skills and perpetuates in a state of mediocrity and below which employers nevertheless have to contend with. How can such a workforce lead to the progress of the nation? At this stage, it is a kind of irreparable damage that has resulted and may not be able to be rectified / reversed. The competent sector of people will find this kind of society crippling and they may be marginalized for being the minority of the intellects and hence, be compelled by frustrations to venture and work abroad, thus resulting in further ‘brain drain'.
Even in the business sector, the lack of merit as criteria for awarding licenses, permits, granting of loans etc. is seen to result in monopolistic trade practices, contrary to the spirit of competition law which has global significance wherein the negative implications in this kind of non-merit based society is inescapable. In the absence of fair and merit-based competition, there will be lack of incentive to strive to be more competitive resulting in lack of productivity, hence, stagnating the economy whilst simultaneously suppressing real talent / competency which has growth potential, resulting in a waste of resources, apart from creating disparity in economic growth and development overall. The above views are a cogent reflection of the paradoxical consequence of the "Malaysian Dilemma' as a result of being a racially-based as opposed to a merit-based society. The cracks in this kind of society have become so glaringly evident and conspicuous, it is even noticeable by foreigners who have come here to work, analyzed the domestic situation, as the following excerpts from blogs, reports, articles reflect (some are seen to be very insightful and perceptive views by local people who are clearly ‘not turning a blind eye to glaring reality'):
1) A Blog by a person said to be a British expatriate who lives in Malaysia and posts his blogs going by the name of ‘Shaolin Tiger' – the following was quoted in an article posted on the web in 2005:
‘The lack of meritocracy in the Malaysian education system is frightening, the problem is it creates more disparity and continues into the work place.
The Chinese and Indians have to work much harder to get the same results, by doing this they are also improving themselves, the Malays however can sit back a bit so when they both reach the corporate world, eventhough non Bumi's have been at a disadvantage, they actually end up better off, so in the end the system is hurting everyone.'
2) An article posted on the web entitled ‘Malaysian Employers Practise Racial Bigotry' by Debra Chong (Assistant News Editor, 2 November 2012, Kuala Lumpur) – the following is an excerpt extracted from the stated article:
‘Human rights group Proham – formed by influential former members of the Human Rights Commission of Malaysia and the Police Commission – has been urging Putrajaya to ratify the UN International Convention on the Elimination of All Forms of Racial Discrimination 1968 (CERD), which it suggests will be a positive step to resolve the existing racial bigotry in the country than sweeping it under the carpet.
Its chairman Tan Sri Simon Sipaun stressed that racial discrimination was a form of human rights violation that triggers a "brain drain" situation and stands in the way of Malaysia's progress in today's competitive world.
There are no less than 1.5 million Malaysians with tertiary education who have left the country, he said in a statement two days ago, adding that it stunts meritocracy.'
3) Excerpt extracted from an article posted on the web by Bill Tarrant of Reuters (Additional reporting by Razak Ahmad; Editing by Mike Williams and Neil Fullick) dated 7 July 2011:
‘FEAR FOR FUTURE
Months after Mahathir took power in 1981, a Malaysian Chinese banker packed up his family in the southern city of Johor Bahru and moved to Singapore. He had grown uneasy about the future as Mahathir took an increasingly interventionist approach to the economy and ramped up the affirmative action policy.
Those uncertainties have only increased for a Chinese community that abandoned the ruling national Front coalition in the 2008 general election and are now deserting the country in ever mounting numbers. The World Bank said the Malaysian diaspora has quadrupled over the past three decades.
People are unhappy about the way the (policy) has been exploited, the way it has degenerated into some kind of apartheid policy, said the banker, who requested only his surname, Lee, be used.
They say come back, we'll give you tax breaks. But when you move back, you're not talking just about your career, but your children's future. And it's this perception of uncertainty that holds them back. They feel the society they have moved to is more assuring than the one they came from.
Kalimullah Hassan, former Group Editor of Malaysia's pro-government New Straits Times publications, understands their anxiety.
The politics of patronage is no longer working because there isn't enough largesse to spread around in a country whose population has nearly tripled since 1970 and with capital inflows and growth slowing, Kalimullah says, what Malaysia needs now more than ever is the meritocracy Prime Minister Najib has proposed in his New Economic Model, otherwise its human capital will be stunted, he says.
In the mid-to-long term, Malaysia is going to be left further behind by a world which has already realized that human capital is its greatest asset.'
4) Excerpt extracted from an article posted on the web dated 26 May 2010 entitled ‘Opinion Discrimination In The Private Sector' by a blogger going by the identity of Zaidel B or Sinatra_Z said to be an electronics engineer, blogging at Catatan Seekor Lipas:
‘Regardless of a student's racial background, a smart student is an asset to the nation and he or she should be given a chance to get an education and contribute to society.
I fully support the move by the government in abolishing quotas in most of the public universities, promoting merit-based distribution of scholarships and move to incorporate more non-Malays into the government.'
The following are some recent troubling statistics reflecting the fact that Malaysia is not at all a merit-based society and is instead a highly racially polarized nation. This is reflected across the board in all sectors ranging from education to employment to business, practically all aspects of life as a citizen of Malaysia is sadly tainted by this ‘ugly and shameful reality':
1) Of the five (5) major banks, only one is multi-racial, the rest are controlled by Malays;
2) 99% of Petronas' Directors are Malays;
3) 3% of Petronas' employees are Chinese;
4) 100% of all contractors working under Petronas' projects must be of Bumiputera status;
5) 5% of all new intakes in the civil service are non-Malays;
6) 95% of government contracts are given to Malays;
7) 100% of all business licenses are controlled by the Malay government, for example, taxi permits, approved permits etc.;
8) Approximately eight (8) billion ringgit is the total amount the Government had channeled into Malay pockets through fund investment schemes such as ASB, ASN, MARA, privatization of Government agencies, Tabung Haji etc., through the New Economic Policy over a period of 34 years;
9) All ten (10) public university Vice Chancellors are Malays;
10) 5% of Government University lecturers are of non-Malay origin. This percentage has been reduced from about 70% in 1965 to only 5% of 2004;
11) Only 5% of government scholarships have been awarded to non-Malays in over 40 years;
12) 10% quota is in place for non-Bumiputera students for MARA science schools beginning in 2003, however, only 7% are filled. Prior to that, it was 100% Malays.
In essence, a society which is not merit-based and is instead race-based is in gross violation of tenets of basic human rights principles / precepts, fundamentally, equality before the law. An excerpt from an article entitled ‘Racial Eyesores on the Malaysian Landscape' by Kua Kia Soong which had been posted on the web perhaps conveys this message most poignantly:
‘International law sets major limits on affirmative action measures. Notably, affirmative action policies must be carefully controlled and not be permitted to undermine the principle of non-discrimination itself nor violate human rights. Holding the equality principle uppermost, the raison d'etre and reasonableness for differential treatment must be proven.'
Having stated all the above in condemnation of a non-merit based criteria of assessment, what then is the affirmative action required to re-instate meritocracy in the Malaysian landscape? Can the perceived fair ideal of ‘meritocracy' be successfully implemented in a heterogeneous type of society where there quite naturally exists differences in levels of competency, skills etc. between the various ethnic races? In the typically Malaysian heterogeneous society, there is the further issue of the differing ratios in racial composition to contend with – wherein generally, the majority Malay Bumiputera race, although a significant majority, have quite clearly exhibited concern over ‘lagging behind the minority ethnic races' on an equal playing field – hence, the fact of Article 153 of the Federal Constitution, the New Economic Policy, the fact of ‘special privileges', quotas etc. to ensure that ‘merit is never the criteria for assessment'! Hence, in view of all these real and apparent sensitivities, the author postulates that it is perhaps best to implement ‘meritocracy' as a criteria for assessment in tandem / concert with the ratio of the racial composition of the respective ethnic races – meaning that each race will compete on the basis of merit with their own race and ultimately this will be reflected on a quota representing the proportion of the national racial composition. In this manner, there may perhaps be inclined to be less room for bias in the form of allegations of racial discrimination. This in the author's personal opinion, would perhaps be the most viable solution forward – although by no means and measure a perfect proposition to what may be perceived as a unique, delicate and complicated scenario.
From the title of this piece of literature, it may be gleaned with some degree of mockery that ‘affirmative action' in this context is being referred to as a jibe to the intended meaning under Article 153 of the Federal Constitution of Malaysia wherein the said Article (which has been branded as ‘racist' and a direct violation of human rights) has led to the implementation of affirmative action policies which benefit only the ‘Bumiputera', who comprise the majority of the population with the resulting consequence of marginalizing the minority ethnic races in Malaysia, predominantly and significantly the Indian and Chinese races. Hence, the title calls out for ‘affirmative action' (in the context of a positive and dire necessary compelling change) to implement ‘meritocracy' as a criteria of fair and equitable policy of assessment in relation to various aspects of the Malaysian multi-ethnic society / state. Apart from pleading the case for implementing meritocracy as being a general criteria of fair assessment in various contexts for example, in the sphere of equal opportunities in the field of education, employment, application for financing assistance, housing etc., this article also aims to pose the very pertinent question as to whether such a basis of assessment would be viable in a heterogeneous type of society where there obviously exists disparity of competency levels / skills between the different races.
At the outset, it is obviously necessary to identify the meaning and implications of this concept of ‘meritocracy'. In its most basic form, Wikipedia explains meritocracy as a political philosophy that holds power should be vested in individuals according to merit. Advancement in such a system is based on perceived intellectual talent measured through examination and / or demonstrated achievement in the field where it is implemented. The most common definition of meritocracy conceptualizes merit in terms of tested competency and ability, and most likely, as measured by IQ or standardized achievement tests [Levinson, David; Sadovnik, Alan R. (2002). Education & Sociology : An Encyclopedia. Taylor & Francis. P. 436.]. In government or other administrative systems, meritocracy, in an administrative sense, is a system of government or other administration (such as business administration) wherein appointments and responsibilities are objectively assigned to individuals based upon their "merits" , namely intelligence, credentials, and education, determined through evaluations or examinations [Young Michael (1958). The rise of the meritocracy, 1870 – 2033: An essay on education and inequality. London: Thames & Hudson]. Supporters of meritocracies do not necessarily agree on the nature of "merit", however, they do tend to agree that "merit" itself should be a primary consideration during evaluation.
In Malaysia, the removal of meritocracy as criteria of assessment is seen to have developed gradual roots in post-colonial Malaysia, primarily starting with the fact of Article 153 in the Federal Constitution of Malaysia that provided for the special position of the Malays. This proclaimed unquestionable / unchallengeable right entrenched in the Federal Constitution of Malaysia eventually led to the creation of the Malaysian New Economic Policy (NEP) which under the guise of "eventually eradicating poverty…..irrespective of race", in actual fact conferred upon the Bumiputera, predominantly Malay race the right to altogether eradicate meritocracy as criteria of assessment hence consequently resulting in a marginalized heterogeneous society where racial polarization is clearly and unabashedly evident and where special ‘quota-based privileges' are automatically accorded to the Malay race who claim to be entitled to these privileges ‘as of right'. As we are all fully aware, the effects of the NEP are ‘alive and kicking' in society today where assessment of anything for the benefit of citizens is certainly not on merit, resulting in an unbalanced, racially-biased, dysfunctional, paradoxical type of society where there is clear and overt suppression of talented minority ethnic non-Bumiputera races in favour of the majority generally less competent but nevertheless accorded privileged Malay Bumiputera race. This ‘unnatural framework' in itself seems to suggest the lack of inherent talent / competency of the general majority Bumiputera race hence compelling desperate ‘affirmative actions' / measures on the part of the ruling Government by their acts of distorting facts in order to cater to safeguards against ‘meritocracy' as a basis / criteria of general assessment and instead substituting this with a race-based criteria of assessment. This kind of non-humanitarian, elitist an undemocratic domestic framework is now in great peril of causing the decay / decline of the society in view of rapid globalization which necessarily demands that ‘merit' be the basis of assessment for there to be healthy and fair competition from a global perspective. Hence, the current ‘Malaysian crisis' where merit has no place in society as criteria of assessment will in the very near future eventually lead to the crippling / stagnation of the Malaysian economy which will not be able to compete effectively on a global front. In fact, currently, early symptoms / signs of this ‘beginning of the end' scenario is already apparent in light of the ‘brain drain' syndrome wherein we see an exodus of intelligent / talented people of the ethnic minority races, leaving the country in droves – apparently heading towards merit-based societies where they may put their talents to good use apart from earning a decent livelihood, free of the paranoia and real risk of material suppression of talent, marginalization, the risk of loss of employment as a result of quota based rules and practices, features which are teeming and clearly apparent in the current Malaysian landscape.
Even from the perspective of foreign investment, we see that many potential foreign investors are put-off by having to part with 30% equity in a Company to Bumiputeras in compliance with the domestic regulations for investing in Malaysia – again the race-based quota is seen to subvert fair / merit-based equity. Hence, there is also drain in foreign investment locally as these foreign investors are scouting other jurisdictions where they need not contend with so much of ‘inequitable' criteria for investment. Can Malaysia honestly stay economically resilient with a significant lack of foreign investment? Even with an abundance of natural resources, to what extent can an economy be significantly and predominantly self-dependent? The ill-effects of a non-merit based society may be seen to seep into other spheres of the framework of society such as education, employment, business etc.. Perhaps the most detrimental effects of this system are seen at the stage of inception i.e. education where a quota-based system with underlying race-based criteria is seen to be rooted at all levels of education right up to tertiary level. In view of the fact that a very low standard / yardstick of achievement generally prevails throughout the education sector from the most elementary level right up to the tertiary level (to facilitate the process for the majority generally less competent Bumiputera race by having in place general low standards), this in effect stifles / cripples the potential of the generally more competent minority races, hence, resulting in a kind of ‘mental degenerative' society which can never be at par with internationally high levels / standards of competency. As a result of the damage done at the education stage, the result is a young workforce that is unable to engage in any kind of independent thinking and analysis, lacks innovative and creative skills and perpetuates in a state of mediocrity and below which employers nevertheless have to contend with. How can such a workforce lead to the progress of the nation? At this stage, it is a kind of irreparable damage that has resulted and may not be able to be rectified / reversed. The competent sector of people will find this kind of society crippling and they may be marginalized for being the minority of the intellects and hence, be compelled by frustrations to venture and work abroad, thus resulting in further ‘brain drain'.
Even in the business sector, the lack of merit as criteria for awarding licenses, permits, granting of loans etc. is seen to result in monopolistic trade practices, contrary to the spirit of competition law which has global significance wherein the negative implications in this kind of non-merit based society is inescapable. In the absence of fair and merit-based competition, there will be lack of incentive to strive to be more competitive resulting in lack of productivity, hence, stagnating the economy whilst simultaneously suppressing real talent / competency which has growth potential, resulting in a waste of resources, apart from creating disparity in economic growth and development overall. The above views are a cogent reflection of the paradoxical consequence of the "Malaysian Dilemma' as a result of being a racially-based as opposed to a merit-based society. The cracks in this kind of society have become so glaringly evident and conspicuous, it is even noticeable by foreigners who have come here to work, analyzed the domestic situation, as the following excerpts from blogs, reports, articles reflect (some are seen to be very insightful and perceptive views by local people who are clearly ‘not turning a blind eye to glaring reality'):
1) A Blog by a person said to be a British expatriate who lives in Malaysia and posts his blogs going by the name of ‘Shaolin Tiger' – the following was quoted in an article posted on the web in 2005:
‘The lack of meritocracy in the Malaysian education system is frightening, the problem is it creates more disparity and continues into the work place.
The Chinese and Indians have to work much harder to get the same results, by doing this they are also improving themselves, the Malays however can sit back a bit so when they both reach the corporate world, eventhough non Bumi's have been at a disadvantage, they actually end up better off, so in the end the system is hurting everyone.'
2) An article posted on the web entitled ‘Malaysian Employers Practise Racial Bigotry' by Debra Chong (Assistant News Editor, 2 November 2012, Kuala Lumpur) – the following is an excerpt extracted from the stated article:
‘Human rights group Proham – formed by influential former members of the Human Rights Commission of Malaysia and the Police Commission – has been urging Putrajaya to ratify the UN International Convention on the Elimination of All Forms of Racial Discrimination 1968 (CERD), which it suggests will be a positive step to resolve the existing racial bigotry in the country than sweeping it under the carpet.
Its chairman Tan Sri Simon Sipaun stressed that racial discrimination was a form of human rights violation that triggers a "brain drain" situation and stands in the way of Malaysia's progress in today's competitive world.
There are no less than 1.5 million Malaysians with tertiary education who have left the country, he said in a statement two days ago, adding that it stunts meritocracy.'
3) Excerpt extracted from an article posted on the web by Bill Tarrant of Reuters (Additional reporting by Razak Ahmad; Editing by Mike Williams and Neil Fullick) dated 7 July 2011:
‘FEAR FOR FUTURE
Months after Mahathir took power in 1981, a Malaysian Chinese banker packed up his family in the southern city of Johor Bahru and moved to Singapore. He had grown uneasy about the future as Mahathir took an increasingly interventionist approach to the economy and ramped up the affirmative action policy.
Those uncertainties have only increased for a Chinese community that abandoned the ruling national Front coalition in the 2008 general election and are now deserting the country in ever mounting numbers. The World Bank said the Malaysian diaspora has quadrupled over the past three decades.
People are unhappy about the way the (policy) has been exploited, the way it has degenerated into some kind of apartheid policy, said the banker, who requested only his surname, Lee, be used.
They say come back, we'll give you tax breaks. But when you move back, you're not talking just about your career, but your children's future. And it's this perception of uncertainty that holds them back. They feel the society they have moved to is more assuring than the one they came from.
Kalimullah Hassan, former Group Editor of Malaysia's pro-government New Straits Times publications, understands their anxiety.
The politics of patronage is no longer working because there isn't enough largesse to spread around in a country whose population has nearly tripled since 1970 and with capital inflows and growth slowing, Kalimullah says, what Malaysia needs now more than ever is the meritocracy Prime Minister Najib has proposed in his New Economic Model, otherwise its human capital will be stunted, he says.
In the mid-to-long term, Malaysia is going to be left further behind by a world which has already realized that human capital is its greatest asset.'
4) Excerpt extracted from an article posted on the web dated 26 May 2010 entitled ‘Opinion Discrimination In The Private Sector' by a blogger going by the identity of Zaidel B or Sinatra_Z said to be an electronics engineer, blogging at Catatan Seekor Lipas:
‘Regardless of a student's racial background, a smart student is an asset to the nation and he or she should be given a chance to get an education and contribute to society.
I fully support the move by the government in abolishing quotas in most of the public universities, promoting merit-based distribution of scholarships and move to incorporate more non-Malays into the government.'
The following are some recent troubling statistics reflecting the fact that Malaysia is not at all a merit-based society and is instead a highly racially polarized nation. This is reflected across the board in all sectors ranging from education to employment to business, practically all aspects of life as a citizen of Malaysia is sadly tainted by this ‘ugly and shameful reality':
1) Of the five (5) major banks, only one is multi-racial, the rest are controlled by Malays;
2) 99% of Petronas' Directors are Malays;
3) 3% of Petronas' employees are Chinese;
4) 100% of all contractors working under Petronas' projects must be of Bumiputera status;
5) 5% of all new intakes in the civil service are non-Malays;
6) 95% of government contracts are given to Malays;
7) 100% of all business licenses are controlled by the Malay government, for example, taxi permits, approved permits etc.;
8) Approximately eight (8) billion ringgit is the total amount the Government had channeled into Malay pockets through fund investment schemes such as ASB, ASN, MARA, privatization of Government agencies, Tabung Haji etc., through the New Economic Policy over a period of 34 years;
9) All ten (10) public university Vice Chancellors are Malays;
10) 5% of Government University lecturers are of non-Malay origin. This percentage has been reduced from about 70% in 1965 to only 5% of 2004;
11) Only 5% of government scholarships have been awarded to non-Malays in over 40 years;
12) 10% quota is in place for non-Bumiputera students for MARA science schools beginning in 2003, however, only 7% are filled. Prior to that, it was 100% Malays.
In essence, a society which is not merit-based and is instead race-based is in gross violation of tenets of basic human rights principles / precepts, fundamentally, equality before the law. An excerpt from an article entitled ‘Racial Eyesores on the Malaysian Landscape' by Kua Kia Soong which had been posted on the web perhaps conveys this message most poignantly:
‘International law sets major limits on affirmative action measures. Notably, affirmative action policies must be carefully controlled and not be permitted to undermine the principle of non-discrimination itself nor violate human rights. Holding the equality principle uppermost, the raison d'etre and reasonableness for differential treatment must be proven.'
Having stated all the above in condemnation of a non-merit based criteria of assessment, what then is the affirmative action required to re-instate meritocracy in the Malaysian landscape? Can the perceived fair ideal of ‘meritocracy' be successfully implemented in a heterogeneous type of society where there quite naturally exists differences in levels of competency, skills etc. between the various ethnic races? In the typically Malaysian heterogeneous society, there is the further issue of the differing ratios in racial composition to contend with – wherein generally, the majority Malay Bumiputera race, although a significant majority, have quite clearly exhibited concern over ‘lagging behind the minority ethnic races' on an equal playing field – hence, the fact of Article 153 of the Federal Constitution, the New Economic Policy, the fact of ‘special privileges', quotas etc. to ensure that ‘merit is never the criteria for assessment'! Hence, in view of all these real and apparent sensitivities, the author postulates that it is perhaps best to implement ‘meritocracy' as a criteria for assessment in tandem / concert with the ratio of the racial composition of the respective ethnic races – meaning that each race will compete on the basis of merit with their own race and ultimately this will be reflected on a quota representing the proportion of the national racial composition. In this manner, there may perhaps be inclined to be less room for bias in the form of allegations of racial discrimination. This in the author's personal opinion, would perhaps be the most viable solution forward – although by no means and measure a perfect proposition to what may be perceived as a unique, delicate and complicated scenario.
