Revisiting the term "Bumiputera"

By Joe Fernandez

KOTA KINABALU : A case can be made via Adat, legal, constitutional and Administrative Law for qualified  descendants of Pendatang to be accorded Bumiputera (sons of the soil) status in Malaysia.

The recent Supreme Court decision in South Africa recognising the Chinese community in that country as Blacks, refers.

Having said that, a distinction must be made between Orang Asal and Bumiputera.

All Orang Asal are Bumiputera but not all Bumiputera are Orang Asal.

No one can claim to be Native, to use the English term, unless he or she is an Orang Asal.


Anyone who is not an Orang Asal, is either a Pendatang or descendant of Pendatang, wholly or in part.

Those who are part Orang Asal and part descendent of Pendatang can be accorded Orang Asal status vide Administrative Law.

Only the following communities in M'sia are Orang Asal: Murutic and Dusunic groupings including Kadazan(Sabah); Dayak including Sarawak Malays (Sarawak); and Orang Asli (Peninsular M'sia).

Note: Orang Asal as in being the first people to settle down in an empty geographical expanse. This first settlement can be reckoned from the first day until a point in time where thereafter there is no further influx of the same people. It would further strengthen the legal status if the same people are not found elsewhere outside the said geographical expanse.

The descendants of Pendatang who (the descendants) are born in Malaysia and are citizens by operation of law can be accorded Bumiputera status provided they don't give up their citizenship or (except for S'pore or Brunei citizenship) acquire another citizenship, but they may acquire permanent residence elsewhere.

The issue (children) of Bumiputera and non-Bumiputera can be accorded Bumiputera status by Administrative Law provided they comply with the same stipulations as in the preceding paragraph.

At present, apart from the Orang Asal, only the Malay-speaking communities (Bugis, Javanese, Minang, Acehnese etc) in Peninsular M'sia are recognised as Bumiputera, provided they remain Muslim,  and whether or not they are born in M'sia; along with the Portuguese and Siamese.

Why should the Malay-speaking communities in Peninsular M'sia, being Pendatang too and descendants of Pendatang, have a status -- Bumiputera -- which has been denied to the descendants of the non-Malay Pendatangs since independence?

It was Tunku Abdul Rahman who came up with the term Bumiputera which does not exist in the Federal Constitution.

Which political party has the wisdom, courage and foresight to adopt the above position?