Law 012 - Discrimination in Malaysia (Education)

The Malaysian education system consists of three levelsprimary, secondary,
and tertiary. Primary education is six years, lower secondary education is three
years, while upper secondary educationculminating in the Sijil Pelajaran Malaysia
(SPM), the equivalent of the GCE O-Levelis two years. Public schools constitute 95
percent of primary and secondary education. Tertiary education comprises
certificate, diploma, and degree programs. Students may progress to certificate or
diploma programs upon passing the SPM. Degree programs, however, require one to
two years of pre-university education beyond the SPM.
The education system has largely been shaped by the National Education
Policy (1961) and the New Economic Policy (1971). The National Education Policy
(1961) implemented Bahasa Malaysia or the Malaysian language, the mother
tongue of the Malays, as the medium of instruction in all secondary schools and
public higher educational institutions. Effectively, the Bahasa Malaysia policy
facilitated the entry of Malay students into secondary and tertiary education, the
main channels of occupational mobility. The National Education Policy also
established free primary education with automatic promotion up to the lower
secondary level, which necessitated greater provision of secondary schools,
primarily for rural Malays. Consequently, secondary school enrollment doubled
between 1970 and 1980 (The Fourth Malaysia Plan, 1981).
Under the New Economic Policy (1971), secondary schoolscomprising Fully
Residential Schools, Science Secondary Schools, and the elite MARA Junior Science
Collegeswere constructed exclusively for the Bumiputera. 10 Between 1984 and
2000, the enrollment in Fully Residential Schools and Science Secondary Schools
doubled, while the enrollment in MARA Junior Science Colleges tripled (Lee, 2005).
Although the construction of these schools was targeted for low-income rural
Bumiputera, they have instead benefitted mostly the urban middle and professional
classes (Selvaratnam, 1988)
Table 1 shows enrollment by level of education and ethnicity. Between 1970
and 1985, the Bumiputera share of enrollment increased from 51.0 percent to 65.2
percent at the lower secondary level, and from 48.8 percent to 68.1 percent at the
upper secondary level. The Bumiputera share of enrollment exceeded the
Bumiputera share of the population at the upper secondary level by 1975, and at
the lower secondary level by 1980.
At the pre-university and tertiary levels, numerous institutions have been set
up exclusively for the Bumiputera by the Indigenous Peoples Trust Council or Majlis
Amanah Rakyat (MARA). 11 By 1986, MARA had established higher institutions in
every state, offering a variety of certificate and diploma programs. Enrollment
quadrupled from 7,900 in 1975 to 32,500 in 1995 (The Third Malaysia Plan, 1976;
The Seventh Malaysia Plan, 1996). Table 1 shows that enrollment in certificate and
diploma programs are almost exclusively the domain of the Bumiputera; the
Bumiputera share of enrollment in certificate and diploma programs increased from
82.9 percent in 1970 to 88.0 percent in 1985.
Ethnic quotas at public universities were set at 55 percent Bumiputera, 30

percent Chinese, and 10 percent Indian (Lee, 2005). 12 As shown in Table 1,
enrollment in tertiary education in fact exceeded the quotas. The Bumiputera share
of enrollment in degree programs increased from 39.7 percent in 1970 to 57.2
percent in 1975, 62.0 percent in 1980, and 63.0 percent in 1985.
A Bumiputera-exclusive pre-university program, Matriculation, was expanded

in the late 1990s to fulfill the quotas at public universities. 13 The Matriculation
program is a shorter and less rigorous alternative to Form 6. Unlike the STPM,
however, the Matriculation program is not recognized by local private institutions or
overseas institutions. Enrollment in Matriculation more than tripled from 15,500
students in 1995 to 55,500 in 2005 (The Seventh Malaysia Plan, 1996; The Ninth
Malaysia Plan, 2006).
Government scholarships for local and overseas education are largely
reserved for Bumiputera. In a survey of 1982/83 graduates, Mehmet and Yip (1986)
find that almost 80 percent of local public university scholarships are awarded to
Malay students, compared to 14 percent to the Chinese, 4 percent to the Indians,
and 3 percent to the indigenous peoples. 14 Furthermore, 95 percent of overseas
scholarship recipients between 1980 and 1984 were Bumiputera (Brown, 2007).
While affirmative action in secondary education occurred through the
expansion of schools, including Bumiputera-exclusive schools, affirmative action in
education was implemented through the establishment of Bumiputera-exclusive
certificate and diploma programs, and through ethnic quotas for public university
admissions and scholarships. While capacity in secondary education expanded
rapidly, growth in tertiary education was much slower.15 As depicted in Table 2,
lower secondary enrollment as a percentage of primary enrollment increased from
26.6 percent in 1970 to 41.7 percent in 1985, while upper secondary enrollment as
a percentage of lower secondary enrollment increased from 23.6 percent in 1970 to
36.1 percent in 1985. Enrollment in certificate and diploma programs as a
percentage of upper secondary enrollment, increased from 6.6 percent in 1970 to
12.5 percent in 1985 for Bumiputera, but from 1.3 percent to 3.5 percent for NonBumiputera. Enrollment in degree programs as a percentage of upper secondary
enrollment was 9.1 percent in 1970, and fell in the ensuing years before rising
slightly to 11.5 percent in 1985. The varying capacity constraints in secondary and
tertiary education affected the nature of the affirmative action policies implemented
at each level, and the subsequent outcomes in the labor market.

Law 012 - Discrimination in Malaysia (Education)

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The Malaysian education system consists of three levelsprimary, secondary,

Ethnic quotas at public universities were set at 55 percent Bumiputera, 30

A Bumiputera-exclusive pre-university program, Matriculation, was expanded

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