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Thursday, May 2, 2019

Pakatan Harapan government plunges in popularity

 
The Pakatan government has little choice nor time to check the slide on its popularity and goodwill from voters.

WHAT a difference a year makes. In a week, the Pakatan Harapan government will mark its first year in power but in stark contrast to the height of popularity it enjoyed then, support for the coalition has plunged.

A recent poll by the Merdeka Centre showed that the administration’s approval rating sank to 39% in March, a drastic drop from 79% recorded in May 31 last year.

Tun Dr Mahathir Mohamad’s performance approval rating as Prime Minister declined too – from 71% in August 2018 to 46% last month.

The survey firm polled 1,204 registered voters in March to gauge their opinions on the country’s economy, leadership and current issues.

Pakatan’s descent in popularity was attributed to the state of the economy as felt by consumers, the perceived strength of the government, anxieties over Malay rights and privileges and the treatment of other races in the country.

According to the findings, public satisfaction in Pakatan’s administration of the economy fell from 60% to 40% with voters largely unhappy with the rise in the cost of living.

The majority of respondents also disagreed with policies such as the move to abolish the death penalty while many were also against the scrapping of exams for Primary 1 to 3 and the plan to impose taxes on sugary drinks. Only 34% of voters polled were of the view that the country was headed in the right direction, with Malay respondents weighing in lower at 24%.

The survey showed that the main concern of Malaysians was the economy at 63%, followed by race-related issues and the flip-flop on decisions such as the government’s decision to withdraw from ratifying the International Conven­tion on the Elimination of All Forms of Racial Discrimination (Icerd).

On the plus side, worries over corruption declined to 23% from 33% while 67% of respondents agreed that the government should be given more time to fulfil its election promises.

Its support rating may have dropped but to be fair, the Pakatan government has not done too badly since taking over, considering the state of the economy and the massive debts that it inherited from the previous disgraced administration.

Of course, there is much more to do, like addressing the cost of living, fulfilling housing needs and providing sustainable healthcare but the government has already fulfilled nearly a third of its pledges, im­p­roved its overall financial position and has made significant moves to tackle corruption in the civil service.

Ironically, the freer media landscape today is contributing to the perception that the Pakatan government is performing poorly or unable to handle issues raised by the opposition, especially those related to race and religion.

Malaysia has risen 22 places to rank 123 out of 180 countries in the latest World Press Freedom Index compiled by Reporters Without Borders (RSF). It now tops countries in South-East Asia – above Indonesia (124), the Philippines (134), Thailand (136), Myanmar (138), Cambodia (143), Singapore (151), Brunei (152), Laos (171) and Vietnam (176).

Unlike in the past, opposition parties now get unfettered coverage in the media and the welcome change has led to the diffusion of a more diverse range of views.

However, the new government has been rather inept in conveying its message on a wide range of issues in the print, online and social media since taking over Putrajaya.

It is also guilty of being sluggish in countering negative reactions or stemming news designed to elicit racial or religious sentiments, as could be seen in the cases of ratification of the Icerd, the Rome Statute and the Seafield Sri Maha Mariamman temple riots.

Opposition politicians and their supporters have been quick to exploit this weakness to manipulate opinion in the freer media environment.

A recent example is lawyer Tan Sri Muhammad Shafee Abdullah’s briefings to the media in the ongoing trial of former prime minister Datuk Seri Najib Razak over funds worth RM42mil from SRC International Sdn Bhd. It is clear that he is using the media to advocate the defence’s contention that Najib’s bank account was misused by people who were unauthorised, including Jho Low, as well as some rogue bankers.

In statements designed to strike a chord with those who may find it tedious to follow the proceedings, he claimed that the former PM would most likely turn out as a “victim” in the end.

As for getting away with untrue claims in the media, one such example was a supposedly secret “side agreement” for the East Coast Rail Link (ECRL) to enable a trade-off of 4,500 acres of land to China Com­munications Construction Company Ltd (CCCC). It was based on a non-legally binding Memoran­dum of Understanding (MoU) under which the Malaysian Investment Develop­ment Authority (Mida) was supposed to assist local companies to cooperate with CCCC to create special purpose companies for development of the economic accelerator projects worth RM10bil over 10 years.

Instead of clarifying the matter immediately, the media handlers of the Transport Ministry and Mida left it to Dr Mahathir’s special envoy to China, Tun Daim Zainuddin, to respond instead.

Ineffective communication teams in the various ministries and the lack of media coordination among them are the main reasons why Pakatan appears to be losing control of its narratives on performance and service.

What Pakatan needs is expertise and a clear media strategy to re-establish political credibility and trust among the people, especially the now disillusioned voters who had pinned their hopes on a better “New Malaysia”. Instead of just leaving the ministries to handle their own issues, the approach should be on keeping to the same page, through synchronisation of information and making better use of social media to enable agencies to engage directly with citizens.

With Malaysians having higher expectations and lower levels of patience, the Pakatan government has little choice nor time to check the slide on its popularity and improve on its public relations.

Veera PandiyanAlong the Watchtower by M.Veera Pandiyan



Media consultant M. Veera Pandiyan likes this quote by George Bernard Shaw: The single biggest problem in communication is the illusion that it has taken place.


Read more ....


 

Dr M: So what if we are not popular?




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Penang State to study Airbnb woes before legalising operations; More Malaysians are using Airbnb to settle mortgages

Airbnb, Why the New Logo?

HOW other cities worldwide tackle their Airbnb problems are being studied to see if the home-sharing business could be legalised or regulated in Penang.

The office of the Penang State Exco for Tourism Development, Arts, Culture and Heritage (Petach) is studying their policies to tackle the issue of residential home owners who rent out their units as if they were running a hotel or serviced apartment.

Its exco member Yeoh Soon Hin (pic) said the global home-sharing business was quite established in Penang now that when people buy a house or condominium unit, someone might approach them and offer to guide them to sign up with Airbnb and make money from their new property.

He told the assembly that Penang Global Tourism had met with Airbnb’s management team to discuss how to regulate the business.

“Airbnb told us that they are ready to cooperate and register Airbnb units in Penang with the local authority, but we have no laws or policies for this yet,” he said.

Yeoh said in San Francisco, Airbnb operators are limited to renting their homes to a maximum of 90 days a year.

“In Catalonia, Spain, Airbnb operators can be fined up to 30,000 Euros (RM140,000) and the unit owners fined up to 90,000 Euros (RM420,000) if there are complaints.

“In Singapore, the Urban Redevelopment Authority is proposing to limit Airbnb units to only allow up to six people each time to rent them and for only up to 90 days a year.

“For strata units, Singapore plans to allow it only if at least 80% of all unit owners in the building give consent.

“Japan enacted a law to allow home-sharing of units for only up to 180 days a year,” he said when replying a question from Daniel Gooi Zi Sen (PH-Pengkalan Kota).

Gooi said he was concerned because despite strong enforcement from Penang Island City Council since 2017 to stop residential property owners from using their units commercially, the Airbnb portal lists thousands of units in Penang.

“We cannot deny property owners from benefitting from their assets, but we also cannot let them continue to operate without paying their dues such as commercial assessment rates or the hotel fee,” he said.

Yeoh said Petach was studying how Airbnb operators are regulated while waiting for the federal government to draft laws on home-sharing.

“We raised the issue and were told that the Housing and Local Government Ministry and the Tourism, Arts and Culture Ministry are studying possible laws on this.”

Yeoh said the business was unfair to neighbours, the hotel industry and local authorities.

“They are paying assessments and utility rates for residential units but are using those units commercially while legal hotels that comply with all laws such as safety and traffic provisions pay much more.

“The peace and privacy of their neighbours are being intruded upon,” Yeoh said.

He said his team in Petach was also considering the possibility of recommending that Airbnb operators be charged double or triple the current residential assessment rates that they are paying now after they are legalised.

By arnold loh and r. sekaran at the penang state assembly



MUCH has been said about Airbnb in the news of late. The Malaysian Association of Hotels (MAH) Penang branch has claimed that the emergence of Airbnb and illegal accommodation are among the main causes for Penang hotel occupancy rate to decline.

Another news report indicated that Airbnb operators are required to register with Kuala Lumpur City Hall. At this point in time, it is vital to see the concept of Airbnb. The platform was started to connect people who were looking to rent their homes to those who wanted hotel-free stay accommodation for short periods. The reason for the registration must be for the purpose of regulation by the authorities.

The claim by MAH that the emergence of Airbnb has caused hotel occupancy rates to drop must also be examined.

In terms of cleanliness and hospitality, although hotels do fit the bill, not all hotels are in that category. All hotels must be refurbished and kept clean at all times. It may be a bit too much to ask for luxury bedding or first class service, but cleanliness and pleasant service is not too difficult.

Airbnb hosts are conscious about their guests and the reviews that are given on the website. They go the extra mile, and it is not always accurate to say that Airbnb is cheaper and therefore people choose them over hotels. It is the space, the home away from home concept, and being looked after, the occasional bottle of wine left for guests, the fruit basket, the bottles of fruit juice and mineral water in the fridge — all of these go a long way in wooing guests.

In terms of protection for the hosts and the guests, Airbnb has enough protection in place. It is up to the renter to choose who they want to rent out to. Those who want to rent and those who are renting out their properties have their profiles. Reviews as to the safety of the place and its convenience — all can be seen from the website. It is a very transparent website and no one can complain that they were not aware that there was a danger or that they did not get their money’s worth. There are times that unfortunate Airbnb hosts unwittingly allow roguish guests and their premises are wrecked. The Airbnb hosts too, have a risk to take.

From the reports, it is unclear of the need for Airbnb to be registered or regulated. Hotel operators are required to register as it is a business. Airbnb is a service platform and not a business. For hosts, it is an additional income — especially for the elder population whose children have left, or even for those with university fees to pay, this additional income will be a good supplement. Unlike hotels and motels, Airbnb operators are there on a temporary basis. Sometimes, the owner may get a long-term tenant, and may not want to continue with the Airbnb concept.

Maybe we can take a leaf from countries where Airbnb has been regulated. In Los Angeles, United States, a regulation was passed for short-term rentals (vacation) with an initial cap on rentals for up to 120 days with flexibility to increase that number of days.

In New York, it is illegal to rent out an entire residence for less than 30 days. Short-term rentals are permitted if the homeowner is also staying there throughout the rental period and there are no more than two renters. This would be ideal for an elderly couple who would enjoy the company of young tourists who would in turn enjoy being in a home environment.

In Japan, anyone wanting to list their property on Airbnb will need to register with the local government, who will conduct fire and safety checks on the premises. The new regulations also limit rentals to 180 days per year.

Singapore has prohibited public housing rentals that are under six months, or three months in the case of private housing without the approval of the Urban Redevelopment Authority. In London and Paris, new laws have limited short-term rentals up to 90 days per year, and Liverpool City Council has pushed for national regulations to ensure that landlords register short-term rental properties.

Regulation is of critical importance in shaping the welfare of economies and society. Any form of regulation must work effectively and serve the public interest. Government agencies, in this case, the local councils are responsible for implementing regulatory policies and must be aimed towards protecting the consumer. When imposing such regulations on individuals, such as Airbnb hosts, there must be a goal that will help the government to achieve its purpose. The objective of a government or regulatory body is to ensure better and cheaper services and goods, and to provide a fair competition to any particular industry without encouraging a monopoly. Airbnb may be regulated and the town and city councils may want to draw up guidelines following from the examples cited above.

 By GRACE XAVIER
Grace Xavier is research fellow at the Faculty of Law, Universiti Malaya and she can be reached at gracem@um.edu.my


Using Airbnb to settle mortgages

Survey: Hosting helps to repay loans, provide extra income



https://www.thestar.com.my/business/business-news/2019/07/03/md-the-cost-and-security-issue-of-airbnb/?jwsource=cl

PETALING JAYA: More Malaysians are relying on Airbnb to settle their mortgages given the property overhang that is engulfing the sector.

According to an Airbnb survey of more than 2,000 Malaysian hosts and guests, half of the Airbnb hosts said it had helped them pay for their homes while 40% said Airbnb provided a supplementary income for them to make ends meet.Malaysia is Airbnb’s fastest growing country in South-East Asia for the second consecutive year.

It saw more than 3.25 million guests in Malaysia over the past 12 months ended July 1, which translated to a 73% increase from the previous period.There are more than 53,000 Airbnb listings in the country.

Axis REIT Managers Bhd investment head and former Malaysian Institute of Estate Agents president Siva Shanker said many of the Airbnb hosts were investors and speculators who purchased the properties during the upturn, with the intention of selling them at a higher price.

“However, when the property market started to make a turn for the worse, many of these speculators found it difficult to sell or rent out their units but at the same time they needed income to service their loans,” he told StarBiz.

Siva said many of the buyers and investors had bought the units on the advice of some people with questionable skills and credentials.

“Many of the people, who claimed to be experts, gave false assurances that the properties could be sold at a premium of up to 40% within a couple of years, or that they would be able to get high rental yields.

“This is essentially a get rich quick scheme and many people believed in them. But then the market crashed and many of the buyers are saddled with a property that they can’t sell or rent out.”

Siva said many of the so-called “advisers” had rebranded themselves as Airbnb consultants when the property market slumped.

Airbnb is an online booking platform that allows people to rent out their properties or spare rooms to guests.

PPC International managing director Datuk Siders Sittampalam said the concept of Airbnb needs to be regulated.

“It’s never been regulated in the past, especially in terms of taxes. How do you determine things such as cost and security?”

Siva concurred that proper regulation need to be put in place to for Airbnb operators.

“You don’t know who’s going into your apartment. Every other day, your occupants are changing.

“They could be illegal immigrants, running criminal activities, being a nuisance and disturbing the neighbours.

“How is the unit considered ‘gated and guarded’ when the owner is the one that opens the door to these strangers?”

With no proper regulation in place, Siva said the value of the apartment will deteriorate.

“The owner is running it like a hotel, except he doesn’t have the upkeep skills of a hotelier. Within a year, the apartment will look run down. By then, new properties will be up in the market and new owners will be looking to rent them out.

“The owner of the run down apartment is going to have difficulties finding tenants, but he still needs to fulfil his monthly mortgage. Eventually, it becomes a vicious cycle. To stop this, we need to educate the public and get rid of the self-proclaimed property gurus.”

Another concern is the Airbnb having a huge impact on the local hotel industry.

According to Impiana Hotels Bhd executive director Azrin Kamaluddin, hotels that havemore than four stars will face limited to no impact from the rising popularity of Airbnb.

“The hotels offer distinct product differentiation as they provide experience and service to guests.

“What Airbnb does is offer accommodation as a commodity.

“I believe that owners of four and five star serviced residences that do not lease back their units to operators as well as hotels that are three stars and below would be disrupted by Airbnb.

“It is imperative for hotels that have three stars and below to reinvent themselves to stand out from the competition posed by Airbnb,” he said.

On the potential launch of Airbnb Luxe, Azrin said it would not have an impact on four to five-star hotels, given the relatively small volume and higher price tag of US$1,000 per night.

Siders concurred that Airbnb would only have an adverse impact on budget hotels.

“The four-star and five-star hotels offer different types of services and amenities.”
 
 Source link 


Read more:




Hoteliers dispute Airbnb's claims - Nation

 

13 Places Cracking Down on Airbnb - Condé Nast Traveler



Monday, April 29, 2019

Move away from a culture of mediocrity! Who does Malaysia belong to?

Mediocre future? If selection at the matriculation level is not based on meritocracy, the quality of our tertiary institutions will be diluted and they will produce only mediocre graduates eventually. — Filepic
 Affirmative action should be based entirely on need because a poor Malay student needs a scholarship just as badly as a poor Indian or Chinese student.

THE debate over the intake of students into matriculation colleges in the country is an annual one, just like the offer of government scholarships. I have been a keen follower of this subject for many years and there has never been a year without complaints being made about the selection process.

It is always about top scoring non-Malay students in the SPM examination not being offered places while others with lower grades walk into colleges. This is nothing new in Malaysia, actually.

So why the intense debate now, with leaders from both sides of the political divide openly defending or criticising the quota system applied to the selection?

For those who may not know, the 90:10 (bumiputra:non-bumiputra) quota has been in existence since 2005, according to records. There have been “political adjustments” in the past when more non-Malay students were offered seats, but these were one off actions presumably during election years to woo votes.

One of the reasons for the deluge of criticisms now – some from leaders in the Pakatan Harapan coalition itself – could be due to the new kind of democracy that we expect under the new government.

There have been unverified reports of heated arguments in the Cabinet among ministers, with some defending the policy and others against a quota system that appears to be extremely unfair to Malaysians as they are being deprived of one of their rights in their motherland. Yes, Malaysia is the motherland for most of us and not India or China or Indonesia.

Maybe our government leaders should see the extent of hatred in the social media clips and hate messages that have been circulating expressing the anger, fear and frustrations of non-Malays.

And, of course, some unfairly blame Prime Minister Tun Dr Mahathir Mohamad, seeing him as the man who started this quota system previously and who is now perpetuating it.

What I gather from media reports and social media is that people feel Pakatan has moved away from its election promise of building a more equitable society that will not deprive any community of fair and equal access to tertiary education.

Hearing this promise, among others, Malaysians placed much hope on Pakatan building a new society for all races. When they see it is not happening, or becoming worse in some instances, they react.

I don’t think it is wrong for every top performing student from the B40 (lower income) category to feel devastated if he or she is deprived of a seat while lower-performing schoolmates are offered places. It makes me wonder if the selection committee has some ulterior motive to create this situation to benefit the opposition.

The matriculation programme, an affirmative action policy, started as a system that was based on wonderful ideals, so most Malaysians did not question its implementation initially. But for some reason, it has come to be regarded as pernicious now, as it appears to benefit only one community.

I believe that this practice has led – whether consciously or not – to excellence being suppressed to the point of creating a culture of mediocrity in many aspects of life. This is not going to change even if another government comes into power as long as the policy is not tweaked to meet the changing world.

OK, the government decided to add another 15,000 seats to the 25,000 given out in an attempt to quell the current outcry. Based on the quota, an additional 1,500 non-bumiputra students will now be given college places. At the same time, there will be another 13,500 bumiputra students added, which means there is a high possibility of the need to take in weak students just to meet the quota.

If this practice goes on, it will continue to dilute the quality of our tertiary institutions, producing only mediocre graduates eventually.

As a result, striving for excellence has become secondary, with some Malaysians feeling it is their right to be given university or college seats, or positions and promotions later, because they belong to one race. This is widely in existence and is being perpetuated despite the new government’s promises.

Winning votes at any cost has become as addiction with our politicians, it seems. Are we going to let their thirst for power destroy our nation?

I do agree that most Malaysians are not ready for an absolute meritocratic society because, as some critics say, it will create reverse discrimination where the majority will lose out to a minority.

But I believe, slowly but surely, the balance has to change for non-bumiputra citizens. After all, we are not asking for what is not ours, only what we deserve.

There is no discrimination when we pay our taxes and our only home is Malaysia. And I am sure the first two lines of our national anthem run deep in our hearts: “Negaraku, tanah tumpanya darahku (My country, for whom I will shed my blood)” are words that most of us carry in our hearts, and we are indeed ready to take up arms to defend the nation from any threat, as shown in the past.

We are in the 21st century now when affirmative action should not be based on a citizen’s skin colour or creed. Affirmative action should be based on one’s need because a poor Malay student needs a scholarship just as badly as a poor Indian or Chinese student.

There are many Malaysians who think that we’ve arrived at a time when affirmative action needs to be dismantled slowly, with a specified time frame given.

But this is a highly contentious issue and the government must tread carefully, as any sudden deprivation will have a strong social reaction.

We should create a belief that a love of learning will gain Malay-sians far more than any affirmative action laws we might pass.

But this change should come from within, as no quota or law can make us realise this. If Malaysians are not willing to work hard and earn their places or positions and instead wait for hand-outs all their lives, we will fail as a nation eventually.

kparkaranLet’s stop breaking the hearts of Malaysians when it comes to education. All students need a helping hand, irrespective of who they are, as we march onwards towards becoming a respected First World nation.




Read more  



We can soar with a meritocratic system - Letters




 

Who does Malaysia belong to?

Great responsibility: To move forward, we Malaysians have to take responsibility for the destiny of the nation on our own shoulders.

The Federal Constitution does not confer any rights to 'ownership of the nation based on ethnicity or religion.


TO whom does Malaysia belong to may sound like a hilarious question, but do not overestimate the capacity to which the human mind is used.

Experience and observation will tell you that many of us (sometimes me included), often make a choice of not thinking about things based on facts. Instead, we form conclusions based on conjectures and other people’s uninformed opinions.

So who does Malaysia belong to? There are many ways of approaching this question. As I often tell the audience in my talks about “thinking”, we have to understand the question first before we can even attempt to seek an answer.

For example, if we think of Malaysia as a politico-legal entity – a “nation” – then it becomes obvious that the question relates to an examination of the legal structure of the nation.

Seeking the answer may lead to further questions. It is no longer a “kedai kopi” kind of discussion where everyone wants to have a say simply because they can make sounds with their mouths. That can be a tiring experience, at least for me.

So when then did the politico-legal entity called “Malaysia” come into being’?

Malaysia was legally born on Sept 16, 1963, when the Federation of Malaya (West Malaysia), Singapore, Sabah and Sarawak formed the larger Federation of Malaysia. About two years later, the Malaysian Parliament passed a Bill to separate Singapore from the Federation. Hence, from 1965, Malaysia is legally made up of what is know today as West and East Malaysia.

Obviously, we do not think that the Federation of Malaysia had come about as a result of some casual social chat between the leaders of the respective states over teh tarik.

There were meetings and discussions back and forth between the parties and they came up with an agreement to join together as the Federation of Malaysia vide the Malaysia Agreement 1963.

Whenever there is an agreement, there are terms and conditions for the parties to abide by. The agreement, however, is not the subject of this article.

When you see Malaysia as a legal entity, you will immediately ask a few other questions: How is Malaysia managed as a nation and who manages it? What are the rights, duties, obligations, and privileges of the “members” of this Federation of Malaysia? What about “non-members” who are present in the Federation?

These kind of questions have to be asked and thought about. We can understand that the “members” refer to the states that make up Malaysia and most of the human beings who live here.

The human beings make up the citizens and the non-citizens and well, some illegal immigrants. Each of these human beings have different legal status in our country.

When we speak of “belong”, we think in terms of ownership, management, rights and privileges. How is it possible to say something belongs to you if you do not own it, or do not have the right to manage it?

Legally, the nation is “owned” by the citizens of the country because they are authorised to “manage” the country and to determine its destiny. The citizens can either bring the nation to a high level of civilisation or bring it down to a failed state.

The basic framework of the rights of the citizens and how the nation is to be managed is provided for in the Federal Constitution, correctly termed by the constitutional law expert Professor Emeritus Dr Shad Saleem Faruqi as the “document of destiny”.

How we interpret the Constitution and if at all we give “life” to the provisions in the Constitution will shape the destiny of the nation. The Constitution is the supreme law of the land and it is an extremely important document that every citizen should know.

It is important to note that the Constitution does not confer any rights to “ownership” of the nation based on ethnicity or religion.

Every citizen is equal before the law save for particular laws relevant to particular groups of citizens due to the diverse nature of our citizenry. The Constitution clearly spells out the fundamental liberties that all citizens have a right to enjoy in Part II, and the manner in which the Federation of Malaysia is to be managed in Part IV and VI.

There are also provisions regarding the civil service (Part X), the judiciary (Part IX) and elections (Part VIII), to name a few.

In this regard, therefore, any claims to ownership of the country in terms of religion or ethnicity is therefore not supported by the reality of the law.

It is also a divisive and bigoted perspective which will harm the nation in the long run. In layperson terms, Malaysia legally belongs to all Malaysians and they have equal rights and duties to develop Malaysia and to live in it peacefully.

Do not behave as if the country belongs only to the politicians in power. We should have learnt this lesson by now. Ownership does not come without an effort. You have to protect the nation as how you protect your home or property in accordance with the laws.

If you really think this country belongs to you, then you should not simply be subservient to unjust laws, if any.

You have to challenge it and ensure that it is consistent with the provisions in the Constitution and move your parliamentary representatives to pass just laws that will protect you and develop the nation wholesomely. Ownership comes with real responsibility and not with mere slogans, rhetoric or political speeches.

It is most unfortunate that despite having achieved independence for more than 60 years, there are still many citizens who are ignorant of the Constitution.

This I believe, is largely due to their own apathy and also due to the unfortunate Malaysian culture of taking the politicians to be their teachers.

Hence, political narratives that affront common intelligence are mistaken to be the law by the feeble minded amongst us. We have to move forward and take responsibility for the destiny of the nation on our own shoulders.

Move away from a culture of mediocrity! Who does Malaysia belong to?

Mediocre future? If selection at the matriculation level is not based on meritocracy, the quality of our tertiary institutions will be diluted and they will produce only mediocre graduates eventually. — Filepic
 Affirmative action should be based entirely on need because a poor Malay student needs a scholarship just as badly as a poor Indian or Chinese student.

THE debate over the intake of students into matriculation colleges in the country is an annual one, just like the offer of government scholarships. I have been a keen follower of this subject for many years and there has never been a year without complaints being made about the selection process.

It is always about top scoring non-Malay students in the SPM examination not being offered places while others with lower grades walk into colleges. This is nothing new in Malaysia, actually.

So why the intense debate now, with leaders from both sides of the political divide openly defending or criticising the quota system applied to the selection?

For those who may not know, the 90:10 (bumiputra:non-bumiputra) quota has been in existence since 2005, according to records. There have been “political adjustments” in the past when more non-Malay students were offered seats, but these were one off actions presumably during election years to woo votes.

One of the reasons for the deluge of criticisms now – some from leaders in the Pakatan Harapan coalition itself – could be due to the new kind of democracy that we expect under the new government.

There have been unverified reports of heated arguments in the Cabinet among ministers, with some defending the policy and others against a quota system that appears to be extremely unfair to Malaysians as they are being deprived of one of their rights in their motherland. Yes, Malaysia is the motherland for most of us and not India or China or Indonesia.

Maybe our government leaders should see the extent of hatred in the social media clips and hate messages that have been circulating expressing the anger, fear and frustrations of non-Malays.

And, of course, some unfairly blame Prime Minister Tun Dr Mahathir Mohamad, seeing him as the man who started this quota system previously and who is now perpetuating it.

What I gather from media reports and social media is that people feel Pakatan has moved away from its election promise of building a more equitable society that will not deprive any community of fair and equal access to tertiary education.

Hearing this promise, among others, Malaysians placed much hope on Pakatan building a new society for all races. When they see it is not happening, or becoming worse in some instances, they react.

I don’t think it is wrong for every top performing student from the B40 (lower income) category to feel devastated if he or she is deprived of a seat while lower-performing schoolmates are offered places. It makes me wonder if the selection committee has some ulterior motive to create this situation to benefit the opposition.

The matriculation programme, an affirmative action policy, started as a system that was based on wonderful ideals, so most Malaysians did not question its implementation initially. But for some reason, it has come to be regarded as pernicious now, as it appears to benefit only one community.

I believe that this practice has led – whether consciously or not – to excellence being suppressed to the point of creating a culture of mediocrity in many aspects of life. This is not going to change even if another government comes into power as long as the policy is not tweaked to meet the changing world.

OK, the government decided to add another 15,000 seats to the 25,000 given out in an attempt to quell the current outcry. Based on the quota, an additional 1,500 non-bumiputra students will now be given college places. At the same time, there will be another 13,500 bumiputra students added, which means there is a high possibility of the need to take in weak students just to meet the quota.

If this practice goes on, it will continue to dilute the quality of our tertiary institutions, producing only mediocre graduates eventually.

As a result, striving for excellence has become secondary, with some Malaysians feeling it is their right to be given university or college seats, or positions and promotions later, because they belong to one race. This is widely in existence and is being perpetuated despite the new government’s promises.

Winning votes at any cost has become as addiction with our politicians, it seems. Are we going to let their thirst for power destroy our nation?

I do agree that most Malaysians are not ready for an absolute meritocratic society because, as some critics say, it will create reverse discrimination where the majority will lose out to a minority.

But I believe, slowly but surely, the balance has to change for non-bumiputra citizens. After all, we are not asking for what is not ours, only what we deserve.

There is no discrimination when we pay our taxes and our only home is Malaysia. And I am sure the first two lines of our national anthem run deep in our hearts: “Negaraku, tanah tumpanya darahku (My country, for whom I will shed my blood)” are words that most of us carry in our hearts, and we are indeed ready to take up arms to defend the nation from any threat, as shown in the past.

We are in the 21st century now when affirmative action should not be based on a citizen’s skin colour or creed. Affirmative action should be based on one’s need because a poor Malay student needs a scholarship just as badly as a poor Indian or Chinese student.

There are many Malaysians who think that we’ve arrived at a time when affirmative action needs to be dismantled slowly, with a specified time frame given.

But this is a highly contentious issue and the government must tread carefully, as any sudden deprivation will have a strong social reaction.

We should create a belief that a love of learning will gain Malay-sians far more than any affirmative action laws we might pass.

But this change should come from within, as no quota or law can make us realise this. If Malaysians are not willing to work hard and earn their places or positions and instead wait for hand-outs all their lives, we will fail as a nation eventually.

kparkaranLet’s stop breaking the hearts of Malaysians when it comes to education. All students need a helping hand, irrespective of who they are, as we march onwards towards becoming a respected First World nation.



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We can soar with a meritocratic system - Letters


 

Who does Malaysia belong to?

Great responsibility: To move forward, we Malaysians have to take responsibility for the destiny of the nation on our own shoulders.

The Federal Constitution does not confer any rights to 'ownership of the nation based on ethnicity or religion.


TO whom does Malaysia belong to may sound like a hilarious question, but do not overestimate the capacity to which the human mind is used.

Experience and observation will tell you that many of us (sometimes me included), often make a choice of not thinking about things based on facts. Instead, we form conclusions based on conjectures and other people’s uninformed opinions.

So who does Malaysia belong to? There are many ways of approaching this question. As I often tell the audience in my talks about “thinking”, we have to understand the question first before we can even attempt to seek an answer.

For example, if we think of Malaysia as a politico-legal entity – a “nation” – then it becomes obvious that the question relates to an examination of the legal structure of the nation.

Seeking the answer may lead to further questions. It is no longer a “kedai kopi” kind of discussion where everyone wants to have a say simply because they can make sounds with their mouths. That can be a tiring experience, at least for me.

So when then did the politico-legal entity called “Malaysia” come into being’?

Malaysia was legally born on Sept 16, 1963, when the Federation of Malaya (West Malaysia), Singapore, Sabah and Sarawak formed the larger Federation of Malaysia. About two years later, the Malaysian Parliament passed a Bill to separate Singapore from the Federation. Hence, from 1965, Malaysia is legally made up of what is know today as West and East Malaysia.

Obviously, we do not think that the Federation of Malaysia had come about as a result of some casual social chat between the leaders of the respective states over teh tarik.

There were meetings and discussions back and forth between the parties and they came up with an agreement to join together as the Federation of Malaysia vide the Malaysia Agreement 1963.

Whenever there is an agreement, there are terms and conditions for the parties to abide by. The agreement, however, is not the subject of this article.

When you see Malaysia as a legal entity, you will immediately ask a few other questions: How is Malaysia managed as a nation and who manages it? What are the rights, duties, obligations, and privileges of the “members” of this Federation of Malaysia? What about “non-members” who are present in the Federation?

These kind of questions have to be asked and thought about. We can understand that the “members” refer to the states that make up Malaysia and most of the human beings who live here.

The human beings make up the citizens and the non-citizens and well, some illegal immigrants. Each of these human beings have different legal status in our country.

When we speak of “belong”, we think in terms of ownership, management, rights and privileges. How is it possible to say something belongs to you if you do not own it, or do not have the right to manage it?

Legally, the nation is “owned” by the citizens of the country because they are authorised to “manage” the country and to determine its destiny. The citizens can either bring the nation to a high level of civilisation or bring it down to a failed state.

The basic framework of the rights of the citizens and how the nation is to be managed is provided for in the Federal Constitution, correctly termed by the constitutional law expert Professor Emeritus Dr Shad Saleem Faruqi as the “document of destiny”.

How we interpret the Constitution and if at all we give “life” to the provisions in the Constitution will shape the destiny of the nation. The Constitution is the supreme law of the land and it is an extremely important document that every citizen should know.

It is important to note that the Constitution does not confer any rights to “ownership” of the nation based on ethnicity or religion.

Every citizen is equal before the law save for particular laws relevant to particular groups of citizens due to the diverse nature of our citizenry. The Constitution clearly spells out the fundamental liberties that all citizens have a right to enjoy in Part II, and the manner in which the Federation of Malaysia is to be managed in Part IV and VI.

There are also provisions regarding the civil service (Part X), the judiciary (Part IX) and elections (Part VIII), to name a few.

In this regard, therefore, any claims to ownership of the country in terms of religion or ethnicity is therefore not supported by the reality of the law.

It is also a divisive and bigoted perspective which will harm the nation in the long run. In layperson terms, Malaysia legally belongs to all Malaysians and they have equal rights and duties to develop Malaysia and to live in it peacefully.

Do not behave as if the country belongs only to the politicians in power. We should have learnt this lesson by now. Ownership does not come without an effort. You have to protect the nation as how you protect your home or property in accordance with the laws.

If you really think this country belongs to you, then you should not simply be subservient to unjust laws, if any.

You have to challenge it and ensure that it is consistent with the provisions in the Constitution and move your parliamentary representatives to pass just laws that will protect you and develop the nation wholesomely. Ownership comes with real responsibility and not with mere slogans, rhetoric or political speeches.

It is most unfortunate that despite having achieved independence for more than 60 years, there are still many citizens who are ignorant of the Constitution.

This I believe, is largely due to their own apathy and also due to the unfortunate Malaysian culture of taking the politicians to be their teachers.

Hence, political narratives that affront common intelligence are mistaken to be the law by the feeble minded amongst us. We have to move forward and take responsibility for the destiny of the nation on our own shoulders.