UUCA amendment to be tabled by year-end, govt mulls declassifying historical records

 

The Higher Education Ministry is expected to table amendments to the Universities and University Colleges Act 1971 (UUCA) in Parliament this December, government spokesperson Fahmi Fadzil said.

The proposed amendments will focus on provisions restricting students’ freedom of speech and association, particularly Sections 15 to 16B of the Act.

Section 15 of the UUCA governs students’ involvement in political activities, party affiliations, and public expressions, while Section 16 gives vice-chancellors the power to suspend or dissolve student organisations.

Section 16B, meanwhile, sets out the disciplinary authority and powers over students.

Fahmi said the amendments would serve as an interim measure while the government works towards drafting a new law to replace the UUCA entirely, a process expected to take longer.

“The process of introducing an Act that will completely replace existing provisions, covering areas such as registration, accreditation, and university management, will take some time. 

“This is because the Higher Education Ministry needs to consider new approaches to university governance.

“We are expecting it to be ready by 2027. It wasn’t explicitly stated during the meeting, but we hope that is the plan,” he told a post-cabinet meeting press conference today.

The government is examining the possibility of consolidating various laws governing higher education under a single framework, dubbed the “One Higher Education Act”.

On Oct 8, Higher Education Minister Zambry Abd Kadir told the Dewan Rakyat that the ministry was working to standardise disciplinary rules across public universities to address inconsistencies in how students’ rights are treated.

Proposal to declassify historical documents

Separately, Fahmi said the cabinet had agreed to examine a proposal to establish a general policy for declassifying historical documents restricted under the Official Secrets Act 1972 (OSA).

He said the proposal was raised during the National Historians Council’s second meeting this year, with the Attorney-General’s Chambers tasked with examining its legal implications and access arrangements.

“The prime minister’s directive is that it must be implemented immediately, yet with great care.

“We will consult with the AGC regarding several aspects. We will also consult with the police and the Home Ministry,” he added.

Fahmi said that documents considered less sensitive, despite having previously been classified under the OSA, could be among those more readily declassified.

However, he did not provide a specific timeline for the release of the documents.

Unlike countries that provide for periodic reviews of historical government records, Malaysia's OSA does not impose a general time limit on classification or require automatic declassification after a specified number of years.

Under Section 2C of the OSA, authorised ministers and public officers may declassify official secrets, including documents covered by the Act’s schedule.

However, historically significant records concerning the May 13, 1969 racial riots and the 1985 Memali incident have remained subject to secrecy restrictions.

The Memali incident in Baling, Kedah, saw a confrontation between police and supporters of religious teacher Ibrahim Mahmud, better known as Ibrahim Libya, during an operation to arrest him under the Internal Security Act (ISA).

Another significant episode was Operation Lalang in October 1987, when 106 politicians, activists, and other individuals were detained under the ISA during a nationwide crackdown under then prime minister Dr Mahathir Mohamad.

In November 2020, then tourism, arts and culture minister Nancy Shukri told Parliament that classified records concerning May 13 and Memali could not be released by the National Archives without authorisation from the agencies responsible. - Mkini