Alfian Sa’at

The event was a screening of Singapore short films. During the Question & Answer session at the end, a member of the audience, a Korean man, offered an observation: “Despite the fact that Singapore is a multiracial country, why are the films shown tonight all in Chinese?”

His query provoked an immediate response from a lady in the audience. Before the microphone could be passed to her, she had shouted out, almost defensively, ‘Majority, what!’

There is of course a certain undeniable logic to the woman’s outburst. The Chinese are an overwhelming 75% of Singapore’s population. This is a very sizeable majority, if we compare it to other ‘multiracial’ countries: Malaysia (65% Malays and Bumiputra groups), Fiji (55% Fiji Islanders) and Guyana (44% Indo-Guyanese). If there were more media representations of the Chinese than the other races in Singapore, it was a matter of simple arithmetic.

But that was the woman actually saying with that phrase? Was she peeved that this ‘foreigner’ dared to suggest that Singapore’s ‘multi-racial’ ethos was superficial, even fraudulent? At the same time, I couldn’t help but be struck by a glib sense of entitlement that accompanied her prickly response.

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Recently, the Straits Times ran a feature article asking whether minorities in Singapore deserve a ‘special position’. What the article failed to recognize, however, was the ‘special position’ enjoyed by Chinese Singaporeans.

Simply put, these are the privileges that come from being members of the majority race.

When I was younger, I used to question why local advertisements rarely featured non-Chinese faces (bank and credit card companies were notorious for projecting images of well-heeled Chinese yuppies). I wondered why TVMobile showed Chinese programmes, which only served to marginalize those of us sitting in the bus who didn’t understand the language. But I came to realize that equal representation was simply not possible in a country where one particular ethnic community formed the bulk of the target market. I began to appreciate the difficulties of any minority, no matter how entrepreneurial, to penetrate communal business networks, where guanxi links have ossified over several generations.

It’s not simply economic supremacy that the majority enjoys, but also political hegemony. Singapore practices a form of electoral democracy, which by its definition establishes rule by a majority. Because of the HDB quota system, which mandates that the ethnic composition in each estate should mirror that of the nation as a whole, minority communities do not form any significant electoral bloc.

While areas such as Kembangan, Geylang Serai and the Southern Islands used to be Malay-dominated strongholds, this has been diluted over time. We can contrast this, for example, with the state of Pulau Pinang in Malaysia, where the Chinese actually form the majority. Ironically, the attempt to prevent certain neighborhoods from becoming Malay or Indian enclaves has actually resulted in each ward becoming a Chinese enclave.

However, it is the privilege of the majority to be exempted from accusations of forming ‘enclaves’ (or for that matter, ‘ghettoes’) in areas where they are concentrated, simply because those words are inextricably linked with minorities.

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Thus it was with a sense of bewilderment that I read Minister Mentor’s agitated rebuttal to NMP Viswa Sadasivan’s speech in Parliament. According to Lee, “Our Constitution states expressly that it is a duty of the Government not to treat everybody as equal.” He made particular reference to Section 152 of the Singapore Constitution, which reads as such:

‘Minorities and special position of Malays

152. —(1) It shall be the responsibility of the Government constantly to care for the interests of the racial and religious minorities in Singapore.

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(2) The Government shall exercise its functions in such manner as to recognise the special position of the Malays, who are the indigenous people of Singapore, and accordingly it shall be the responsibility of the Government to protect, safeguard, support, foster and promote their political, educational, religious, economic, social and cultural interests and the Malay language.’

The implication is that the ‘special position’ accorded to Malays in Singapore is an obstacle to true racial equality. This was Lee’s argument to supposedly bring the house ‘back to earth’ and demolish Viswa’s ‘highfalutin’ ideals. But it seems as if Lee has got the whole thing backwards.

While there has been talk about jettisoning Section 152, especially by some Malays who feel that they have been unfairly scapegoated, we should bear in mind that the section consists of two parts. The first part attempts to provide some means of redress for minority communities who are structurally disadvantaged.

The fact is that inequalities already exist in any society where there is a dominant ethnic majority. In other words, instead of sabotaging the idea of racial equality, this remedial clause actually tries to promote it—by recognizing that minorities do not enjoy the economic and political clout of the majority, and would require special attention and assistance. Lee has labeled Viswa’s speech as ‘false and flawed’. The same should actually be said for his rebuttal.

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A concrete example of this ‘remedial clause’ can be found in the television industry. In Singapore, there are dedicated channels for ethnic minorities, namely the Suria channel for Malays and Vasantham channel for Indians. It would be extremely difficult for these channels to survive on revenue from advertising alone. Not only do they suffer from lower viewership than say, Channel 8 and Channel U (the dedicated Mandarin channels), but advertisers would also recognize that the demographic profile of their viewers is hardly appealing (the Malay community, for example, is predominantly working-class, and for advertisers, this would mean lower purchasing power).

Thus, much of the budget for programming on Suria and Vasantham is derived from television licensing fees. This is a practice commonly known as public service broadcasting, acknowledged on the website of the Media Development Authority: “These (licensing) fees are essential in helping with the production of public service programmes as they are less commercially viable and require funding support.”

Without constitutional safeguards for minorities, a multiracial country like Singapore risks sliding into majoritarianism. Sri Lanka is a prime example of a country whose tragic history is a direct result of majoritarian trends. In 1956, 8 years after Independence, the Sinhalese majority (74%) passed an act to recognize Sinhala as the only official language, effectively sidelining the Tamil minority. A new constitution enshrined Buddhism as the state religion, and pro-Sinhalese preferential policies in education and employment were instituted. The result was a protracted civil war that has claimed thousands of lives.

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It is enlightening to revisit the part in Viswa’s speech which addressed the tenet in the pledge which reads as “one united people, regardless of race, language or religion”:

“…We, as a society, need to address apparent contradictions and mixed signals. Examples are the issue of Malay-Muslims in the SAF, SAP schools and cultural elitism, the need for ethnic based self help groups, the need for us to maintain the current racial distribution in society, and whether Singapore is ready for an ethnic minority Prime Minister.”

With the exception of ‘ethnic based self-help groups’, all the examples he listed represented the dangers of majoritarian impulses in Singapore. And out of this entire list, the Minister Mentor, in his rebuttal, chose only to respond to the issue of ethnic based self-help groups.

Lee’s explication of the second part of Section 152 is also notable for its selective omissions. Lily Zubaidah’s ‘The Singapore Dilemma’ provides an excellent analysis on the Singapore government’s ‘minimalist’, rather than ‘interventionist’ approach to Section 152. While the section calls for the government to exercise pro-active measures with regards to the Malay community, it does not detail what these measures should be.

Thus the government has elected to interpret the clause in narrow terms, restricting this to providing free tertiary education for the Malay minority. A more generous interpretation, for example, might have considered granting a Special Assistance Plan status to Malay-medium schools (such as the Sekolah Menengah Tun Sri Lanang and the Sekolah Menengah Sang Nila Utama), a privilege that was offered to 10 Chinese-medium schools.

In some instances, one can even argue that the government has acted in violation of Section 152. In the year 2000, the expropriation of Istana Kampong Glam, a symbol of Malay sovereignty on the island, surely did not demonstrate the political will to ‘safeguard (Malay) cultural interests’. The banning of the tudung in national schools in 2002 cannot be considered an act that ‘fosters (Malay) religious interests’. And the fact that the madrasahs in Singapore do not receive adequate funding from the Ministry of Education contravenes an obligation to ‘support (Malay) educational interests’.

As such, one wonders about the actual constitutional force of Section 152. Lee has raised Section 152 as some kind of stumbling block to equality. Yet the section itself has been subjected to unequal and arbitrary application in state policies.

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As I write this, I find myself wondering why it is so difficult for someone in the majority to appreciate his or her privileged status in Singapore. How is it possible for someone to yell out ‘Majority, what!’, in the same breath unapologetically disclaiming any responsibilities towards fellow citizens who are minorities? I imagine a giant flattening villages as it stomps along its carefree path. When asked to account for his actions, he answers, ‘I can’t help it, I’m big what!’

I believe there are two factors that can explain this lack of majority-consciousness among Chinese Singaporeans. The first is the fact that the Chinese did not come to the region as colonial settlers. Their arrival was facilitated by colonial capitalism, which often relied on indentured labour. Thus the Chinese do not see themselves as responsible for dispossessing native populations of their status and territories, and exploiting indigenous resources. As such, they do not carry the baggage of what has often been referred to as post-colonial guilt.

Secondly, there are some who believe that the Chinese-educated community has itself been marginalized, a phenomenon that has led sociologist Chua Beng Huat to coin the term ‘the minoritisation of the Chinese community’. I do have sympathy for such sentiments, although sometimes I wonder if a distinction needs to be made between government subjugation of leftist and communist activities (which tended to be associated with the Chinese-educated) and an actual repression of Chinese culture. Nevertheless, this sense of ‘minoritisation’ has led to a certain attitude in majority-minority relations: ‘how can the Chinese, who are themselves oppressed, be seen as the oppressors?’

No matter what the Chinese here feel about their status as the majority, the fact remains that this is a status that is not likely to change. Lee Kuan Yew himself has hinted at the need to maintain this ‘racial balance’ in a speech given in mid-August:

“By race, the fertility rate is 1.91 for Malays, 1.19 for Indians and 1.14 for Chinese. If we continue this way without the new immigrants and PRs and their children doing national service, the composition of our SAF will change. So please remember that”.

The tendency of any majority, if left unchecked, is towards tyranny. The tendency of any minority, if left unattended, is towards alienation. The presence of Section 152, a constitutional guarantee of minority protection, goes a long way towards alleviating the damaging forces of such vectors in our society. Far from undermining equality, Section 152 is an attempt to rectify asymmetries of power, to achieve parity, among those who are not born equal. It takes a particular form of genius to observe the reverse.

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157 Responses to “Should Article 152 be scrapped from the Singapore Constitution?”

  1. SG mutant 20 October 2009

    Yes, I believe the constitution should be scrapped so that we would have one less thing to argue about.

    I would never have completed my degree without the benefit of using my parent’s CPF, and I have always been envious of those who could enjoy the benefits of free education, be it in Singapore or abroad.

    Let’s see how far we could go without benefits of any kind to anybody (except those who are needy and less privileged) and let the actions of each individual speak for themselves as they take up their various posts in society (if your superiors don’t appreciate your talent and work, then it’s really time to move on).

    I sometimes feel discriminated by the HR in govt sector as I do not hold a prestigious scholarship…but I would not give up trying for them. I know I have nothing to lose in being persistent.

    I have people telling me of how life abroad is so much better here, yet there’re those who have felt discrimination being the minority. In a way, it is a matter of what you want or look for in life that determines what kind of treatment you deem as fair or not. And I know some things here are not beneficial for me and what I want to achieve in life. I’m not sure if it’ll work out for me elsewhere, but I’ll give it a try too.

    I didn’t experience the era that LKY and our pioneers lived in so I can’t judge them on the policies that they deemed were necessary for Singapore back then. Some may be archaic but a lifetime of struggles and fears could be too deep-seated to let go now. What I do appreciate is whatever small comforts I could afford even while the rest of the world is dealing with job losses and bankruptcies.

  2. SG mutant 20 October 2009

    Ah, it should be article 152, not the constituition :D

  3. Political SalesMaN 5 November 2009

    In the early strait settlement, LKY is so hungry to get own independent. So any how agreed to the article, Ashe always nothing free in Singapore. He is slapping inhis own face. So article 152 should be scrape.

  4. singapura 15 July 2010

    nope article 152 should stand,and put into banner in every malay and minorities houses so they know what is their right and for the new malay generation to know that malays are the indegenious people of singapore which was written in black and white and approved

    lky is just blaming the article 152 for all the inequality the malays/minority get in singapore what a joke,he wont die a happy man until he can scrap the article 152,

    The Government shall exercise its functions in such manner as to recognise the special position of the Malays, who are the indigenous people of Singapore

    this part of the article 152 which makes him loose sleep ever night

    malays are the indegeniuos people of singapore,they should have special rights so nothing wrong with it

    so the article 152 should stand and shall not be scrapped till eternity,cus this articles proved that the malays are the original,indegenious ,first nation,aborigines of singapore written in black and white

  5. Malaysian minority 29 April 2011

    In reply to singapura and the writer, does that mean that the Malays in Malaysia which most of them where their ancestors come from Indonesia such as Parameswara the first raja of Melaka, except for the Orang Asli(the aborigines who are non-muslim and the ancient tribes of Malaysia), all of them be considered non-indigenious? and not given special rights? since alot of Malays themselves are even not Malays by blood such as Jaafar Albar who is Arab descent the late Johore Tenggara MP when SG was part of Msia and Dr. Mahathir our former Msian PM who is also of Indian Muslim descent but they claim to be Malay. Don’t you know that Malays except maybe most of the Malays in Northern Peninsula Msia and South Thailand, are actually the descendants of Malays from Indonesia? Malay term is very ambigious as you have sub-Malay ethnic like Bugis, Boyan, and many others cos Javanese ethnic or orang Jawa in Indonesia is actually not considered Malay group but in Msia the race politic makes them Malay just because they are Muslim and considered to practice Malay culture according to Msia constitution so those that mean that Indian muslim can be Malay too if they claim they practice Malay culture or even if Chinese muslim too chose that way, just to claim special rights?. The term Malay is already politicised but in reality only the Orang Asli are the true aborigines of Malaysia and Singapore at its origin and maybe some Malays in the Northern Peninsula Malaysia and Southern Thailand. Malays majority descended from Indonesia and they just happen to arrive earlier than the Chinese and Indians a few centuries and what about the Chinese Peranakans who arrive earlier but not considered native by law? So Article 152 of SG Constitution is actually a replica of the Malaysian Federal Constitution when SG was booted out by our UNMO Malay ruling party. The writer say that Article 152 is to protect minorities to keep Malays at par which ironically does not include Indians too just because they are not considered native, but how about Malaysia where it is used to undermine and marginalised the minorities( Chinese and Indians in Malaysia)just because UNMO Malaysia say we are descendents of immigrants, notwithstanding the fact that alot of them the Malays with ancestors from Indonesia and some just recently migrated from Indonesia too? So its ridiculous for the wirter to say Art 152 is equal for outcome in SG but not its origin Art 153 from Malaysia in its outcome where the poor from the Chinese and Indian are not entitled to help just because they are falsely claimed as not native by law only, notwithstanding the fact that we are also native because we are born in SG or Malaysia as its only our ancestors are not native. So we shouldn’t give special rights or help just based on such assumption of nativity of race since all races are already born in Msia or SG to be consider native in that sense but instead help the needy regardless of race or creed. If Malays happen to be in the group that needs more help than we help them more in proportion without the slightest need for Art 152 which discriminate the poor of the other races by law, so in conclusion Art 152 is not necessary in order to help Malays but we just help those who need help regardless of race and Malay would still get more help if they happen to need more help than others. And just to note that all Singaporean are native Singaporeans by their rights because they are born in Singapore, and it is also the rights for all Malaysians born in Malaysia. Come on la stop all this racism man!! Malay, Chinese, Indians? Whats the difference? We are all humans la, you both the writer and MR.singapura! We all cut our hands, we all also got same red colour blood flow out ma! Since I presume you both are sincere Muslims, aren’t we all descendants of Adam and Eve by your teachings? We are all the same la! Unite and live in harmony la! We help one another la! Malay Up, Chinese Up, Indian Up! Semua everybody prosper together la. We help more to those who need more help lo!

  6. article 152 will never be scrapped. you people should be aware that you are in our country, and being the majority race (chinese) does not change anything. theres a reason why article 152 was even produced in the first place. it is to recognise that we the MALAYS are the indeginous people of singapore and just like every other country, ex australia, they too excercise special rights and privilages for the indeginous people. the day the government decides to even bring the topic up for discussion in parliament, it wont be good for all of us singaporeans. at the end of the day, just be happy and appreciate the privilages for being on our land. our national language is MALAY and we sing the national anthem in MALAY. anyone who wants to change that or whatsoever should go back elsewhere, where they came from