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Article 153 of the Constitution of Malaysia grants the Yang di-Pertuan Agong (King of Malaysia) responsibility for “safeguard() the special position of the ‘Malays’ and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities” and goes on to specify ways to do this, such as establishing quotas for entry into the civil service, public scholarships and public education. Article 153 is one of the most controversial articles in the Malaysian constitution. Critics consider it to create an unnecessary and racialist distinction between Malaysians of different ethnic backgrounds, because it has led to the implementation of affirmative action policies which benefit only the Bumiputra, who comprise a majority of the population. Technically, discussing the repeal of Article 153 is illegal〔Means, pp. 14, 15.〕—even in Parliament, although it was drafted as a temporary provision to the Constitution. Despite this prohibition on discussion, the article is heatedly debated both privately and publicly among Malaysians, against the implementation of the article although ostensibly maintaining support for it. Nevertheless, the article is viewed as a sensitive matter by many, with politicians who are in favour or oppose it often being labelled as racist. The article is primarily seen as a continuation of previous laws made by the British to protect the indigenous peoples from being overwhelmed by the immigration of Chinese and Indian workers into Malaya. In the years after independence in 1957, the Chinese and Indians were generally rich urban dwellers, whilst the Bumiputra were mostly poor farmers or manual labourers. The first clause of the article provides that the government should act "in accordance with the provisions of this Article". ==Origins== The Constitution was drafted on the basis of a report from the Reid Commission. The commission, which had been formed to lay the groundwork for a Constitution in the run-up to Malaysia's pending independence, released the report in 1957 as the Report of the Federation of Malaya Constitutional Commission 1957 or The Reid Commission Report.〔Adam, Ramlah binti, Samuri, Abdul Hakim bin & Fadzil, Muslimin bin (2004). ''Sejarah Tingkatan 3''. Dewan Bahasa dan Pustaka. ISBN 983-62-8285-8.〕 In the report, the Reid Commission stated that "''provision should be made in the Constitution for the 'safeguarding of the special position of the Malays and the legitimate interests of the other Communities'.''" However, the Commission "''found it difficult () to reconcile the terms of reference if the protection of the special position of the Malays signified the granting of special privileges, permanently, to one community only and not to the others.''" The Reid Commission reported that Tunku Abdul Rahman and the Malay Rulers had asked that "''in an independent Malaya all nationals should be accorded equal rights, privileges and opportunities and there must not be discrimination on grounds of race and creed.''" At that time, Tunku Abdul Rahman was the leader of the United Malays National Organisation (UMNO), which led the ''Alliance'' coalition. Eventually the Alliance would become the Barisan Nasional and Tunku Abdul Rahman later became the first Prime Minister of Malaysia. When succeeding to the UMNO Presidency, Tunku had expressed doubts about the loyalty of the non-Malays to Malaya, and as a result, insisted that this be settled before they be granted citizenship. However, he also stated that "''For those who love and feel they owe undivided loyalty to this country, we will welcome them as Malayans. They must truly be Malayans, and they will have the same rights and privileges as the Malays.''"〔Putra, Tunku Abdul Rahman (1986). ''Political Awakening'', p. 31. Pelanduk Publications. ISBN 967-978-136-4.〕 The Commission found the existing privileges accorded to the Malays included the allocation of extensive Malay land reservations. In addition, the Commission discovered quotas for admission to the public services with a general rule that "''not more than one-quarter of new entrants (a particular service ) should be non-Malays.''" Operation quotas existed in regard to the issuing of permits or licences for the operation of certain businesses "''chiefly concerned with road haulage and passenger vehicles for hire.''" In addition, there existed "scholarships, bursaries and other forms of aid for educational purpose" where preference was given to Malays. Although the Commission reported it did not find opposition to the continuance of the existing privileges for a certain length of time, it stated that "''there was great opposition in some quarters to any increase of the present preferences and to their being continued for any prolonged period.''" The Commission recommended that the existing privileges should be continued as the "''Malays would be at a serious and unfair disadvantage compared with other communities if they were suddenly withdrawn.''" However, "''in due course the present preferences should be reduced and should ultimately cease.''" The Commission suggested that these provisions be revisited in 15 years, and that a report should be presented to the appropriate legislature (currently the Parliament of Malaysia) and that the "legislature should then determine either to retain or to reduce any quota or to discontinue it entirely." Originally there was no reference made to other indigenous peoples of Malaysia (then Malaya) such as the Orang Asli, but with the union of Malaya with Singapore, Sabah and Sarawak in 1963, the Constitution was amended so as to provide similar privileges for the indigenous peoples of East Malaysia (Sabah and Sarawak), grouping them with the Malays as Bumiputra. The 20-point agreement, or the 20-point memorandum, is a list of 20 points drawn up by North Borneo, proposing terms for its incorporation into the new federation as the State of Sabah, during negotiations prior to the formation of Malaysia. In the Malaysia Bill of the Malaysia Agreement some of the twenty points were incorporated, to varying degrees, into what became the Constitution of Malaysia; others were merely accepted orally, thus not gaining legal status. Point 12: Special position of indigenous races In principle the indigenous races of North Borneo should enjoy special rights analogous to those enjoyed by Malays in Malaya, but the present Malaya formula in this regard is not necessarily applicable in North Borneo. The scope of Article 153 is limited by Article 136, which requires that civil servants be treated impartially regardless of race. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Article 153 of the Constitution of Malaysia」の詳細全文を読む スポンサード リンク
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