UUCA — A meaningless amendment?
Published in Malay Mail
Image taken from the "Mahasiswa Benci AUKU" Facebook Page.
The last few months saw a series of consultations and surveys initiated by the University and University Colleges Act (UUCA) amendment committee. According to the committee’s chairman, Professor Nik Ahmad Kamal Nik Mahmood, about 60 percent of stakeholders consulted supported the act of amending the UUCA, as opposed to a total repeal. At a recent forum on UUCA a fellow committee member said the draft amendment is in its final stages and it will be up to the government to accept or reject the committee’s proposals. Going by the mood at the forum and discussions elsewhere, the outlook seems grim.
The UUCA amendment committee was formed after Prime Minster Datuk Seri Najib Tun Razak announced that Section 15 of the Act will be amended to allow university students above the age of 21 to join party politics. Some have asked, what is the point of allowing students to participate in party politics when they are not going to be allowed to express their support openly even by the simplest act of wearing a button badge?
According to Constitutional Law specialist, Professor Shad Saleem Faruqi, there are at least eight restrictions on free speech contained in the UUCA. In fact some of the UUCA clauses are deemed unconstitutional and brings about the important and urgent question: Why even continue to subject our students to special laws when we have a constitution that governs all Malaysians? And if the intention is to prevent “unruly behaviour” among students who come into contact with party politics, some have asked if rules should be imposed on political parties instead.
But as it turns out there are far greater concerns regarding the UUCA than just political participation. In the words of law professor Azmi Sharom, “Political participation is but a small problem in the UUCA”. According to Azmi student involvement in politics is minimal and will likely remain so despite amendments to Section 15 of the Act. What will profoundly affect all students, educators, university administrators and campus culture in the long run are those UUCA clauses that affect autonomy and governance. But thus far there is no indication that radical changes will be made in these areas in the upcoming amendment. Concerned students, progressive educators and administrators looking for a holistic reform are expected to be disappointed.
And no, as this writer was sternly told, the call to mansuhkan (repeal) the UUCA is not reasonable. Out of more than 100 provisions in the UUCA, there are more than 40 sub-sections related to governance that are relevant and necessary. “We still need laws to govern the establishment of universities”. The problem is the clauses that perpetuate the culture of feudalism in Malaysia by ensuring that power remain in the hands of the federal government through its appointees on campus. And should anyone doubt that this is a national agenda they may refer to another legislation, Act 605, which enforces conformity among members of statutory bodies which includes those on campus.
But let us see the UUCA amendment anyway, and let it be soon. For many young voters the UUCA is on their checklist. To withhold the amendment from being tabled in Parliament until after the General Elections will only fuel frustration and distrust towards the federal government. And what if the amendment committee’s recommendations are rejected, watered down or simply not holistic enough to revive academic excellence and a vibrant campus culture in Malaysia? Then this is an appeal to members of Dewan Rakyat to please send the amendment back to the drawing board.
Or better yet if the government doesn’t waste everyone’s time and present a holistic amendment to the UUCA, and be done with it.
This site stores published and unpublished articles by Juana Jaafar. You will find that many articles are not proofread and also contain profanities. Please get over it, thank you.
