Saturday, August 9, 2008

NST piece on the UUCA amendments

Good NST piece on the UUCA amendments. One of the posts from this blog was quoted.

OPINION: 'Superficial' changes to UUCA Bill criticised
YONG HUEY JIUN

The highly anticipated Universities and University Colleges Act (Amendment) Bill has generated much interest among academics and varsity students alike since it was tabled in Parliament on July 16. YONG HUEY JIUN examines the core issues
STUDENT bodies eagerly await a key parliamentary debate this month on their rights, hoping for greater freedom of expression and association.

At the heart of the controversy is Section 15 of the Universities and University Colleges Act, which deems that any student joining any off-campus societies -- including political parties -- commits a criminal offence that carries a jail term. Although the new bill would decriminalise this, the student could still face disciplinary action from the university.

The Universities and University Colleges Act (Amendment) Bill, set for second reading in the next session of Parliament, would allow students to join any lawful society, organisation or group, except for "any organisation the minister has specified in writing to vice-chancellors as unsuitable to the interests and well-being of the students or university".

At issue is the latter phrase, which confers the minister full powers in decision-making.
"The ultimate power still lies with the minister," says Shazni Munir Mohd Ithnin, a member of the University Students' Movement to Abolish UUCA (GMMA). "Nothing much has changed."

Critics condemn the bill as "superficial". Some call for the act not just to be amended but repealed entirely.

"The act, if at all relevant, needs to be completely overhauled," argues Tony Pua, DAP's Petaling Jaya Utara MP.

The amendments do not go far enough, says Human Rights Commission of Malaysia's Datuk N. Siva Subramaniam, who stresses students' right to political participation.

Shazni agrees: "If other 21-year-olds can join political parties, why is it that we can't just because we are in university?"

The act in its present form emerged from anti-government student protests in 1974, when the UUCA was amended to include more restrictive clauses to curb student activism. But student activism can be a powerful force for positive change, contends commentator and educationist Ong Kian Ming.

"While I don't think student activism is highly correlated with the quality of a university," he says, "I'm convinced that having academic and student freedom to organise and freely express their thoughts is a necessary condition towards establishing a world-class university.

"Different universities in the United States and Britain have taken different routes towards making themselves world-class, but all of them have one thing in common -- academic freedom for students and lecturers to express their thoughts and views and to organise if and when necessary."

Although almost half of the 10.9 million registered voters are under 40, past studies show a low level of political awareness and involvement among youth.

The Malaysian Youth Index surveyed 4,000 Malaysians between the ages of 14 and 40 in 2006, and found that only 45 per cent of them voted in the 2004 general election and only 19 per cent were involved in a political party.

Academics, politicians and student leaders attribute the lack of interest to the UUCA. If students are not allowed to join organisations while they are in college, they say, they are unlikely to be active after graduation.

That's why National Student Consultative Council president Afandy Sutrisno Tanjung supports the amendment, calling it "a great first step". However, he worries that universities, with their own sets of campus regulations, may contain conflicting rules that could undermine reform.

"We certainly hope the deletion of the presumptive Section 15C will apply to university regulations as well," says the varsity student.

One thing's for sure: loosening control is going to take time. Some tread the line more cautiously than others, recognising that with greater freedom comes greater responsibility.

Professor Datuk Dr Sharifah Hapsah Syed Hasan Shahabudin, vice-chancellor of Universiti Kebangsaan Malay-sia, supports academic freedom and autonomy with "reasonable measures of accountability and responsibility".

Her carefully measured words reflect the views of those who are chary of granting untrammelled political freedom to students and want to see a gradual liberalisation instead.

Academics, however, laud the initiative to grant greater autonomy to university boards. The new amendment will see the appointment of vice-chancellors through a select committee on the recommendations of the boards.

Proponents and critics alike agree, of course, that the act's overarching goal is to enhance competitiveness among universities and turn them into centres of human capital development.

Thursday, August 7, 2008

I'm "BODOH", it seems

I sent a previous post on the UUCA as a letter to Malaysiakini. Apparently, someone took it seriously (other than no name) and called me the most "BODOH" citizen in Malaysia and said that my mother should have been banned from giving birth to me.

I don't hold anything against EC for not getting satire but instead I applaud him for feeling incensed that someone would actually think like this. I'm sure that there are those within the Ministry of Higher Education who would prefer that students don't touch anything that smells 'political' with a 10 foot pole. The point I was trying to make was that if we follow the Minister's line of reasoning to its logical conclusion, we'd be banning students from doing 1001 things and in ways which are obviously absurd. In a way, EC's reaction (as well as noname's) was perhaps the exact kind of reaction I was looking for, from those who didn't get that it was satire, that is.

On a more serious note, Prof Shad Faruqi pointed out that Article 10(3) of the Federal Constitution, allows laws to be written that prohibits students from joining political parties.

Article 10(3) reads as follows:

(3) Restrictions on the right to form associations conferred by paragraph (c) of Clause (1) may also be imposed by any law relating to labour or education.

This means that the government has the right to pass laws which prohibit all members of trade unions, for example, from being members of political parties. In addition, the government also has the right to prevent employees of any educational institution, be it at the primary, secondary and tertiary level, from being members of political parties. Think about that.

Manipal degrees no longer recognized

Looks like the Medical Council of India (MCI), the equivalent of the Malaysian Medical Council (MMC), will no longer recognize medical degrees from the Manipal University. This is bad news for Malaysians since this is a popular destination for Malaysians who want to study medicine. In addition, there is a twinning program between Manipal University and the Melaka Manipal Medical College, which might be affected. So far, MMC has written to MCI to ask for further clarification. It would not make sense for MCI and the Malaysian government to continue to recognize medical degrees from Manipal if MCI no longer recognizes them. It shouldn't affect past medical degrees from Manipal, just degrees that are obtained after this year.

UUC more permissive : An alternative view

A different take on the changes to the UUCA by Prof Faruqi. He argues that there have been significant changes made to the UUCA.

Trusting students with freedoms
REFLECTING ON THE LAW
By SHAD SALEEM FARUQI

The spirit of the law is one of evolutionary change towards more open, free and democratic campuses.

AFTER a gestation period of nearly two years, the long-awaited amendments to The Universities and University Colleges Act 1971 are finally before Parliament.

Higher Education Minister Datuk Seri Mohamed Khaled Nordin deserves congratulations, in that immediately after assuming the mantle of leadership at the ministry, he set ambitious time-schedules, tackled some lingering, tough issues with aplomb and, with a very short notice, succeeded in placing the Bill before the Cabinet and Parliament.

As with all laws, the amendments are full of negotiated compromises. There is a mixture of idealism and pragmatism. Though there is some understandable caution, a lot of risks are being taken to trust the young with rights and freedoms hitherto unknown.

The spirit of the law is one of evolutionary change towards more open, free and democratic campuses. Of course, the critics will find many flaws. But there is something worthwhile for everyone in the proposals.

Consultative processes: The Amendment puts in place a number of democratic consultative processes as a pre-condition to the making of decisions on key university appointments.

The minister, in appointing the chairman and members of the board of directors, the Vice-Chancellor, Deputy Vice-Chancellors and directors of campuses, will now have to consult with a committee.

The Vice-Chancellor in appointing deans and heads will be obliged to hear out the faculty members. In addition, he will have to inform the board of his choices. All this should promote more transparency and more quality appointments.

Good governance: University autonomy is improved by transferring some ministerial powers to the university’s board of directors. For example, student discipline appeals, at present heard by the minister, shall now be heard by a committee of the university’s board.

The Amendment demarcates clearly the powers and functions of the board, the senate and the Vice-Chancellor. But if any jurisdictional dispute still arises there is in place a non-judicial dispute resolution mechanism.

Hitherto, the university senate’s powers were subordinate to that of the board. The Amendment changes this. The role of the university senate as the primary academic body of the university is strengthened.

On academic matters, the board can transmit its opinions to the senate. But the senate will have the final say.

Staff welfare: Employees with grievances can file appeals with the board on matters of appointment, renewal and promotion.

The minister is now authorised, on the application of a requesting organisation, to allow a consenting university employee to be seconded or transferred to another institution if that would serve the national interest in education and research.

This should facilitate greater sharing of expertise.

Democratic representation: At present, the Vice-Chancellor appoints 20 professors to the senate. The Amendment empowers professors and associate professors to elect 20 of their colleagues to the university’s senate.

In addition, it charts a new course by permitting a senior academician to sit on the board of directors. The university’s senate is empowered to nominate one of its elected senators to the board of directors to represent the academic perspective and to provide a link between the senate and the board.

There will now be an employee welfare committee of the board and employee association representatives shall be members of this committee. Likewise, student representatives shall have membership on the board’s student welfare committee.

Student rights: In a break with the past the new law reflects confidence in our students’ growing maturity to handle freedoms. Educationists have always known that young people can become whatever we expect them to become. The height of their achievement is often determined by the trust reposed in them.

The Act recognises students’ constitutional right to speech and association. In their individual as well as collective capacities, students will now be free to join youth and social organisations and non-governmental organisations. Unlike as at present, they will require nobody’s prior permission to make these affiliations.

However, on the authority of the Federal Constitution’s Article 10(3), which permits restrictions on freedom of association in the field of education, students are still forbidden from membership of political parties, unlawful organisation and any group that the minister has declared to be unsuitable for student affiliation.

However, serving politicians and working adults who enrol at universities to further their education may seek exemption from the Vice-Chancellor to be allowed to continue their political affiliation.

These provisions will, undoubtedly, be criticised. But what must be noted is that a sea change has indeed taken place.

Previously students could not join any outside organisation unless they made a formal application, which could be approved or refused at discretion.

Now, freedom is inherent. No prior permission is needed. Everything is permitted unless it is prohibited.

Previously, everything was prohibited unless it was expressly permitted!

The Amendment enlarges the space for free speech for academic research and comment. It permits student interaction with outside organisations, politicians and political parties on academic occasions.

The right to participate in student democracy and to dabble in student politics as a training ground for future participation in national politics is preserved.

The Amendment protects student organisations by surrounding the power of the Vice-Chancellor to suspend or dissolve a student organisation with procedural safeguards and permitting an appeal to the minister.

The new law de-criminalises the Act by replacing all criminal sanctions with disciplinary penalties.

It removes provisions for automatic suspension or expulsion of a student who is charged with a criminal offence or who is convicted, or who is detained or restricted under preventive detention and restricted residence laws.

The university is given discretion to handle these cases as it sees fit, depending on whether the offence is a registrable criminal offence or a minor offence unrelated to academic character.

The Amendment removes provisions that provide for presumption of guilt, criminal liability even without conviction and collective criminal liability of office bearers of student organisations.

It safeguards the fundamental right to education by providing that a student who is acquitted of a charge in a court of law has a right to return to the university.

If he was excluded from a public university he has a right to enrol in a private institution or, with the permission of the minister, in any other public university.

Extensive changes have been made to provide for fairer student disciplinary procedures. The grounds on which the university may revoke a student’s degree or diploma have been reduced and this exceptional power has been surrounded with procedural safeguards.

The electorate for student elections has been expanded by enfranchising post-graduate students.

Hopefully there is something in the amendment for every sector of the university community.

Dr Shad Faruqi is Professor of Law at UiTM

Punishment for racial slurs : A Transfer

A teacher in a Banting school was recently transferred over allegations that she had made racial slurs and might even beaten up some students.

The Malaysiakini report has more details in terms of the racial slurs used - 'keling pariah', 'Negro' and 'black monkeys', ‘Indians came from dogs', Indians are ‘children of prostitutes' and the community is stupid and also allege that teacher had said the community youth ‘did not have testicles', ‘always menstruates' and indulged in thuggery and theft.

Furthermore, it was reported that she had 'beaten' up some of her students for being late. Not sure if these students were only from the Indian community.

Pending an investigation, she has been transferred to another school. My sense is that the investigation will be covered up and the teacher will get away with just a slap on the wrist.

I don't think that this is an isolated incident in our schools. I'm sure that in environments where only students of one race are taught, some teachers will not be afraid to let loose their views on students of other races and religions. After all, this kind of racist rhetoric is prevalent in BTN 'brainwashing' seminars where non-Malay students are present.

If the MOE is serious about stopping this kind of racial slurs in our schools, they should conduct a full scale investigation and sack this teacher as a sign to others who might think of following in her footsteps.

Saturday, August 2, 2008

How to develop our students

I agree wholeheartedly with the new Minister of Higher Education, Khaled Nordin, that "that allowing university students to join political parties will restrict their development into holistic first-class human capital". In addition, I also agree that "another reason for the continued ban was that the Government did not want public university students, who are heavily subsidised, to “play around” and waste taxpayers' money."

In addition, to fulfill the objective of developing our university students, I hope that the esteemed minister can consider the following proposals. I propose that:

(i) The esteemed Minister considers banning students from going to mamak stalls and coffee shops. These are places where nonsensical and unproductive coffee shop 'chatter' takes place much of it involving the topics of political interest of the day. Since we do not want our best and brightest to corrupt their ears and to waste their time by listening to this nonsense, we need to ban our students from going to these places.

(ii) The esteemed Minister considers banning students from watching football matches especially those involving foreign teams. Watching football matches, which lasts for approximately 1 hour 45 minutes (including the break), and more, if we take into account the prematch and postmatch shows, is an extremely unproductive use of time. Our students could use this time more productively, for example, in discussing the latest developments in biotechnology and nanotechnology and in collaborations to build Proton a new hybrid engine. In addition, we do not want our young minds to be influenced by the teams of the decadent West who are not only footballers but also flaunt their decadent lifestyles off the field. However, we should make exceptions for our students to watch matches involving Malaysian teams since this shows their solidarity with their own 'local' teams and contributes to nation building and increases their patriotism.

(iii) The esteemed Minister considers banning students from watching movies in the cinemas. Watching movies is another big waste of time, time that could be better spent on academic pursuits and developing one's own human capital. In addition, many movies produced in the West promote decadent values and values which are not consistent with our Asian culture. For example, we would not want our students to be unduly influenced by the portrayal of vigilante justice and 'cool' criminals in the latest Batman movie. However, again, exceptions should be made for movies produced locally since we are supporting local industry by watching these movies. However, local movies which promote values that are not in line with national values should be banned including movies such as Sepet (which promotes inter-racial dating) and The Big Durian (which glorifies the struggles of the communists in Malaysia).

(iv) The esteemed Minister considers blocking access to websites such do not promote the development of human capital in all public universities and if possible in all private colleges as well. Websites which provides access to disturbing information on matters of little importance such as the BBC, Malaysiakini, the New York Times, should be at the top of such a list. In doing so, the minister will prevent students from wasting countless number of hours spent surfing on these sites, time that could be better spent on coming up with inventions that will promote the growth of industry and technological advancement in the country.

(v) The esteemed Minister considers implementing a rule which requires all students in public universities to carry at least one book where ever they go on and off campus. This is so that students do not waste previous time when they are waiting for buses or sitting in their friend's cars or waiting in a queue or even sitting in the john, time that could be spent reading and developing their human capital. To further encourage this kind of behavior, the esteemed Minister require all public universities to have a monthly contest to reward a 'lucky' student who is seen to be carrying more than 5 books (either in his or her bag or in his or her hands) in public view. The 'reward' should be in the form of a 1000RM book voucher, to be spent in the university bookshop.

(vi) The esteemed Minister considers hiring unemployed graduates from public universities to carry out a massive surveillance plan that would ensure that the above mentioned rules are followed. They will be posted at strategic locations in and around the campus including mamak shops, cinemas, bus stops and shopping malls. This way, not only will it solve the problem of unemployed graduates in our country, but it will more than pay for itself through the development of human capital that will inevitably occur once the attention of our students are diverted from such unproductive activities including politics, sports, movies and so forth.

I sincerely hope that the esteemed Minister considers at least some of my recommendations made above and implement them as soon as possible.

Friday, August 1, 2008

More updates on UUCA 'revisions'

More reports from the Star on the 'revisions' to the UUCA can be found here, here and here. These amendments are pretty much useless, in my view, since the activities of university students will still be monitored closely by the university authorities and they are still not allowed to participate in political activities. Just look at the recent treatment of three UM students for distributing leaflets about Anwar. The only pseudo bright spot was Koh Tsu Koon's proposal to redefine students to exclude post docs and those doing off campus programs. But this doesn't go far enough. What we need is for the restriction against students joining political parties to be abolished.