The Quota System in Malaysia – Time for Meritocracy?

An essential step for environmental protection: Towards a sound chemical management system in Malaysia

This study extends Boudon’s positional theory to understand how students from different social origins make choices about university and how they interpret risks during the choice-making process in contemporary China. I draw upon empirical evidence from 71 in-depth semi-structured interviews with undergraduates from different social backgrounds and from different types of universities. The interview data confirm the relevance of Boudon’s thesis in the Chinese context; that is, individuals’ family characteristics manifest in the process of choices and strategies. Furthermore, this study provides new evidence on a pattern of class-bound conformity, which sometimes contradicts the rational course of action from students’ narratives on socioeconomic and cultural identity as well as opportunity risks associated with the quota system. When hope and chance clash, students from working-class or agricultural families reduce to internalize their socioeconomic or geographical disadvantages, come to terms with a lack of equal opportunities in a seemingly meritocratic system.

On 25 April 2013, President Ian Khama (2008–2018) announced a controversial quota system for tribal land allocation in the peri-urban villages in Botswana at a kgotla (village) meeting in Bokaa in the Kgatleng District. Khama informed the villagers that under the land quota system, ‘preferential treatment’ would be given to the ‘locals’ when allocating tribal land in the peri-urban villages. Botswana’s parliament had rejected a motion on the same quota system tabled by an independent member of parliament. It also rejected attempts to bring it back through drafts of the land policy in 2013 and 2014, and the land policy in July 2015. President Khama invoked his executive powers in late 2015 to have it implemented. This policy is inconsistent with the Tribal Land Act and the Constitution of Botswana, and undermined Botswana’s Vision 2016. However, putting the law aside, it should be viewed from a social justice perspective.

The focus of this paper is on the effect of the New Economic Policy on the reforms to the financial system in Malaysia that have taken place since the 1997 East Asian Financial Crisis. The paper discusses the reforms that were introduced to stabilize and strengthen the financial system and the institution of capital controls and a fixed exchange rate to stabilize the exchange rate in the context of the New Economic Policy. The paper discusses the reform measures that were taken to improve the balance sheet of banks and corporations and to protect depositors. The reforms were efficiently executed and the banking system and financial system are stable and banks have increased their lending over time. However, the financial system still remains susceptible to a terms of trade shock because the financial system persists as a relationship based system rather than a market based system although efforts have been made to strengthen the corporate governance of the financial institutions. However, corporate governance reforms are consistent with the objectives of the New Economic Policy and there is resistance to introducing reforms that converge with Anglo-Saxon norms of corporate governance.

It is established that Islam has played a crucial role in the development of Tanah Melayu as evidenced by its progression from a small village to a bustling trade hub in the Nusantara, and ultimately to a fully-fledged nation. Being an all-encompassing religion, Islam came not only as a belief system; it has as well brought positive changes and order in the political, economic and social aspects of Tanah Melayu. In the legal aspect, though Islamic law was used to adjudicate civil and criminal matters at first, the coming of the colonists suppressed its usage and the Common Law was instead, enforced. However, approaching the independence of Tanah Melayu, efforts of the Muslim intellects and reformists have managed to secure the position of Islam in the Federal Constitution. Today, though Islamic law is ensured with exclusive jurisdiction and recognition, its institutions strive to stay pertinent. Coordinating the law at the federal level remains a challenge especially that involving the inheriten power of states over Islam and its law. By using the qualitative method of research methodology, the paper analyses primary and secondary data descriptively by looking into the legal history and development of Islamic law until today. It is found that although Islam and its law are sourced from the supreme law in the country, it has to constantly overcome its challenges to remain relevant and significant. Thus, the paper seeks to look into challenges in administering Islamic law and its institutions. It also suggests some practical strategies toward a standardised and exclusive Islamic legal system in Malaysia.

Ahmad Ibrahim was one of the key individuals who was responsible in developing the administrative legal system in Malaysia through judicial reform of the Sharia Court. Since colonial period, the Civil Court has been dominating the country’s legal system thus inhibiting the progress and contribution of Islamic law as well as limiting the jurisdiction of the Sharia Court. This article discusses the history of the Islamic law in Malaysia in the judicial administration context as well as analyses the achievement and development of the Sharia Court seen today as a result of the contributions and ideas conceived by Ahmad Ibrahim. This study uses the qualitative method by way of document analysis from books, journal articles, conference papers, newspaper excerpts and statutes such as the Federal Constitution, Acts, Enactments and related cases. The finding suggests that the modern and dynamic landscape of Malaysia Sharia Courts today is the result of Ahmad Ibrahim’s ideas and works through administrative, legal and educational approach which is organic and non-confrontational. This approach is indeed suitable and harmonious in the context of Malaysian multiracial and religious society.

This study aims to analyze the economic thought of Ibn Khaldun and its relevance to the modern economic system. Employing a qualitative approach through library research and document analysis, the study examines key concepts in Al-Muqaddimah, such as the economic cycle theory, market mechanisms, the role of the state, and distributive justice advocated by Ibn Khaldun. The findings reveal that Ibn Khaldun’s economic thought holds significant relevance in addressing modern economic challenges, particularly social inequality, wealth redistribution, and market regulation. Empirical studies on the implementation of zakat systems in Malaysia and modern economic theories like Keynesianism and institutional economics support these findings. Therefore, integrating Ibn Khaldun’s classical economic values into contemporary economic policies can enhance the stability, justice, and sustainability of the global economic system. This research contributes to enriching Islamic economic literature and offers practical solutions for inclusive and equitable economic development.

Review: <i>Alluring Monsters: The Pontianak and Cinemas of Decolonization</i>, by Rosalind Galt

Since World War II, Malaysia has undergone numerous reviews and changesin its educational policy at the primary, secondary, and tertiary levels. Reportsby Barnes, Fenn-Wu, Razak, Rahman Talib, and the Malaysian cabinet as wellas the formulation of a national educational philosophy have inspiredMalaysians and non-Malaysians to conduct research and thus produce severaltheses. Some are concerned with educational reform and ethnic responses, otherswith national development; some are concerned with national identity andnational integration, others with a national educational policy and teacher education;and still others are concerned with the New Economic Policy (NEP) andequality of educational opportunity.The book under review is one of a series of studies in the form of a doctoraldissertation on education. It seeks to investigate the problems of educationaldualism in Malaysia, particularly as it affects the Muslim. Its aim is to arrive ata viable solution through a genuine synthesis of the two systems so that Muslimsovercome their educational dilemma without alienating the non-Muslims.In the first chapter, it is stated that this study hopes to contribute to the resolutionof long-standing educational and social problems in Malaysia. It alsohopes to demonstrate lhe compatibility of faith and reason.Chapters 2, 3, and 4 trace the history of lhe educational systems in Malaysia,i.e., the traditional or Islamic educational system and the colonial education inthe nineteenth century in the Straits Settlement followed by the establishment ofvernacular education in the Malay states following the Pangkor Treaty of 1874.The period from the early twentieth century up to the World War II has witnessedthe increase of English and Malay vernacular schools, both in StraitSeUlements and Federated States.The year 1956 marked a milestone in the evolution of a national system ofeducation. That year an education committee was set up. It was led by DatoAbdul Razak bin Hussein, who recommended the introduction of common contentsyllabus and the compulsory study of national and English languages in allprimary and secondary schools in order to orient pupils with a Malayan outlook,to inculcate national consciousness, and to foster mutual understanding amongcitizen of vari ous races and religions.Chapter 4 describes the creation of the Rahman Talib report and the impact ofthe NEP on the decline of enrollment in religious schools to lhe transformation ...

This paper traces the financial reforms that were introduced to stabilise and strengthen the financial system in Malaysia after the 1997 East Asian Financial crisis. It begins with a discussion of the causes of the crisis and the subsequent institution of capital controls and a fixed exchange rate regime and the efforts to introduce reforms behind the shelter of controls. Reform measures to reduce the ratio of non‐performing loans, to improve the balance sheet of banks and corporations, and to protect depositors are then evaluated, together with attempts to merge banks and strengthen the prudential regulation, corporate governance, and the risk management of financial institutions. The discussion is in the context of two forward‐looking master plans to reform and strengthen Malaysia's financial sector and the capital market. The paper ends with a discussion of the positive effects of the reform on economic recovery after the crisis. However, it is noted that the financial system persists as a relationship‐based system rather than a market‐based system in view of the Government's insistence on directed lending and the continued implementation of the New Economic Policy.

O presente artigo tem como objetivo é refletir acerca do racismo sofrido pelos alunos cotistas na educação superior brasileira. A metodologia utilizada foi: estudo do tipo bibliográfico, constituído à luz de obras já publicadas consultadas em livros e também nos meios eletrônicos via rede mundial de computadores com consultas realizadas na base minerva da UFRJ, google acadêmico e scielo. O critério de pesquisa foi através de palavras-chave como racismo, cotas raciais e racismo nas Universidades. É um estudo descritivo, por se propor a apresentar o cenário de uma realidade existente sem alterá-la. A análise foi realizada qualitativamente. O artigo investigou no referencial teórico, como os alunos oriundos de cotas raciais trafegam nas Instituições de Ensino superior, e apresenta os seguintes resultados: a questão racial no Brasil teve algum avanço sobretudo quando se considera a Lei antirracismo; o próprio sistema de cotas; a discussão e reflexão sobre o tema na agenda de diversos espaços sociais. As conclusão do Estudo foi que ainda não se atingiu um nível satisfatório de igualdade social, pois a própria academia, que deveria fomentar e fortalecer o discurso e prática de igualdade social e equidade de acesso ao Ensino, muitas vezes os discrimina. Assim, no Ensino Superior, o sistema de cotas que emergiu como política pública visando auxiliar na reparação de danos causados aos negros, se transformou em objeto de racismo.

The main objective of this study is to understand the concept of federalism and to analyze the procedure opted by the British Empires to introduce federal system in Malaysia. After the World War II federal system became the popular option for modern nation States. Federalism in Malaysia, also introduced by the British empires in 1895 under the Federated Malay States (FMS). The federation of that time was not in true sense, it was emphasizing to strengthen the central government. Chronologically, the 1948 FMA was the successor to the abrogated constitution of 1946 Malayan Union constitution. Nine years later the FMA was in turn replaced by the 1957 federal constitution (Merdeka Constitution). This paper examines the formation of federation of Malaysia by using the descriptive and qualitative methods of study, and find out the features of above said constitutions that strengthening the central governments.

18 | International Union Rights | 26/3 TOWARDS UNIVERSAL RATIFICATION OF C87 AND 98 Trade unions represent one of the few institutions capable of achieving some measure of equity and social justice for workers. However, trade unionism in Malaysia, being that of the state-employerdominated model, has faced challenges from both employers and the government in bringing about necessary changes to some of the restrictive provisions in the Trade Union Act 1959 (TUA), the Industrial Relations Act 1967 (IRA) and the Employment Act 1955 (EA). A far bigger challenge has been the ratification of ILO Convention 87 (Freedom of Association and Protection of Right to Organise Convention, 1948). Article 10 of the Malaysian Federal Constitution guarantees citizens of their right to freedom of speech, the right to assemble peacefully and without arms, and the right to freedom of association. The protection of worker rights with regard to unionisation and participation in the activities of trade unions is also emphasised in Sections 7 and 8 of the Employment Act 1955 (EA). This protection of worker rights is further strengthened by Section 4 of the IRA which stipulates that that no person shall interfere with, restrain or coerce a workman or an employer in the exercise of his rights to form and assist in the formation of and join a trade union and to participate in its lawful activities. However, in reality, the State exercises great control over that right. The Malaysian Trades Union Congress (MTUC), the oldest national labour centre in Malaysia, representing approximately half a million members in unions affiliated to it, has long argued that C87 is an indispensable principle of any democratic society, where parliamentary democracy is being practiced. Many attempts have been made by MTUC to exert pressure on the government to finally ratify C87 but have not been successful thus far. However, it has been relentless in its call for the ratification of this convention. Seeking ratification of Convention 87 Available records show that MTUC had first raised the issue of the ratification of C87, with the Malaysian government, at the Standing Committee meeting of the then National Joint Labour Advisory Council on 7 September 1971. Over the years, the MTUC had at numerous fora and nationwide campaigns, demanded that the Malaysian government revise the key labour laws, as well as ratify C87. Despite MTUC undertaking an extensive study of the restrictive core labour legislation and their impact on freedom of association, and the blunt recommendations by the ILO Committee for Freedom Association in 2003, there was little change on the part of the Malaysian Government. More recently, the Worker members at the 105th ILC session (2016) noted that the Malaysian government had failed to address the major shortcomings in its laws and practices, as well as its institutional framework. The deficiencies concerned key issues including trade union recognition, compulsory arbitration, scope of collective bargaining and antiunion discrimination. The Worker members also expressed serious concerns over various discriminatory tactics used by certain employers against workers engaged in union activities, and the lack of remedies and dissuasive sanctions applied to errant employers. Importance of Convention 87 The right to freedom of association, as enshrined in C87, is the yardstick in which a democratic nation is measured. This right guarantees that workers should be able to form and join trade unions free from interference from the employers and government. The objective of C87 is to ensure workers’ freedom to associate into organisations of their own choosing. In addition, this convention stipulates that the trade unions will be autonomous bodies with the right to draw up their own constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes. The industrial relations system in Malaysia is one that has extensive state control, a high degree of managerial prerogative, little bargaining power for labour and inadequate protection of labour’s rights and interests. The labour laws are generally incongruent with C87, which give rise to serious concerns. Some key arguments on the need to ratify C87 are as follows: ■ When International Labour Conventions are ratified by the national authority for making laws, such as the Malaysian Parliament, they become binding international...

In this article we analyze the focus groups carried out with quota students enrolled in the integrated high school of Instituto Federal Fluminense Campos Centro campus in 2016, in the courses of Industrial Automation, Buildings, Electrotechnics, Informatics, and Mechanics. As methodological support, we applied the French Discourse Analysis for the possibility of demarcating the implicit elements in the quota students' answers. Through the relationship between neoliberalism, individualism, and meritocracy, moreover the sociology at the individual scale of Lahire (2005), we argue that the discourse of quota students as responsible for “success” and “failure” are decisive to naturalize the deep school inequality among students enrolled in the system of quotas and those from the private school system. This way, the hegemonic neoliberal ideology grounds and legitimizes the (re)production of social hierarchies and inequalities not only of origin but also of destinies.

This contribution demonstrates how the issues and current problems regarding real estate management in Swiss Alpine tourist resorts emerge, for an important part, from the inconsistencies of the Federal land management system set in place at the end of the 1970s, system based on zoning scheme and excluding virtually any estate instrument, including the capital-gain levy. In these very favourable conditions for landowners, who also see land ownership strengthened by its introduction in the Federal Constitution at the end of the 1960s, the growth coalitions structuring the local power in many tourist towns usually planned oversized building areas (and often badly located) which have facilitated the development of second homes industry to the detriment of productive estate home industry. Faced with the failure of planning and zoning to limit these trends whose negative effects on the development of tourism seriously begin to be felt in the 1990s, we encounter, now in recent years, the post-eradication of the real estate question in discussions concerning the development of tourist resorts particularly in implementing real estate instruments, such as quota systems, moratoriums or taxes, intervening so much more directly than only zoning on land and real estate owners, contingency arrangements initially excluded from spatial planning policy.