Restricting Uitm To Bumiputera Unconstitutional Says Lawyers Group

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Lawyers for Liberty (LFL) has come out against the Public University Vice-Chancellors and Rectors Committee supporting Universiti Teknologi Mara’s (UiTM) stand against the enrolment of non-bumiputera students.
LFL director Zaid Malek called it disturbing for a group of academics involved in the administration of higher institutions to issue a public statement perpetuating a regressive and false narrative, in ignorance of the Constitution and the dire need of our healthcare system.
"It is also appalling to see senior academics publicly supporting the continuation of single-race universities or colleges in modern Malaysia.
"This debate which was sparked by the proposal to temporarily allow non-bumiputera to enrol in the cardiothoracic surgery postgraduate programme, has opened up the larger question of whether it is lawful for UiTM to be maintained as exclusively for bumiputera.
"Can single-race universities ever be tolerated in our multi-racial nation?" Zaid asked in a statement today.
Wrong interpretation
He said the Constitution has been repeatedly and wrongly cited to defend the racial exclusivity of UiTM.
The group of academics and other supporters had all cited provisions under the UiTM Act 1976 and Article 153 of the Federal Constitution to only allow bumiputera enrolment to the varsity.
"From the outset, any argument that states that enrolling non-bumiputera students into UiTM is unconstitutional is demonstrably false.
"There is absolutely nothing in Article 153 of the Constitution that prevents or prohibits the admission of non-bumiputera to any public institution, which would include UiTM.
"Article 153 prescribes that a reasonable proportion of quota for educational purposes can be assigned by the king, who is bound by the advice of the cabinet on the matter.
"The determination must also be made with the legitimate interests of other communities in mind," he added.
The committee comprising 20 rectors and vice-chancellors on Thursday condemned what they described as an intentional attempt to raise the issue by labelling UiTM as an “apartheid academy”.
Committee chairperson Ekhwan Toriman said the statement by Malaysiakini columnist Andrew Sia exposes an “ignorance” of Article 153 that outlines the position and rights of the bumiputera.
According to Zaid, not only is there nothing in Article 153 that bars non-bumiputera from entering UiTM, but there is also nothing in it that allows the creation of any public learning institution to be exclusively for bumiputera.
"The racial exclusivity of UiTM is a clear violation of the determination of ‘reasonable proportion’ provided under Article 153 and is entirely unlawful.
"UiTM therefore falls outside the permissible ambit of Article 153.
"In short, Article 153 does not permit setting up single-race universities such as UiTM. Those who rely on Article 153 to support UiTM’s racial exclusivity are seriously misguided and are misreading the Constitution," the lawyer claimed.
Breach of education rights
Zaid added that as such, not allowing non-bumiputera to enrol into UiTM is a clear breach of the fundamental right to education guaranteed under Article 12 of the Constitution which states that the right of education must be “free from discrimination on the grounds of religion, race, descent or place of birth”.
"It is the duty and legal obligation of the federal government to uphold the Constitution, and not act in direct contravention of it. UiTM, as a public institution funded by taxpayers, cannot remain only for bumiputera. The Constitution does not permit it.
"Therefore, the government must immediately take the necessary steps to ensure that UiTM’s students admission policy complies with Articles 12 and 153 of the Constitution.
"Any form of racial exclusivity in admissions is in breach of both these articles of the constitution," he said. - Mkini

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