We'll not repeat Assembly Bill mistake, says Saifuddin

Deputy Higher Education Minister Saifuddin Abdullah today vowed that his ministry would not repeat the same mistakes made in the drafting of the Peaceful Assembly Act when amending the Universities and University Colleges Act (UUCA).

"I am learning from the Peaceful Assembly Bill mistake, you will get to see the draft before it goes to Parliament.

"I don't want (Bar Council president) Lim Chee Wee to walk again," he quipped, in reference to last month's protest against the Peaceful Assembly Bill which was criticised for the lack of public consultation.

Chairing today's roundtable discussion on the UUCA, Saifuddin said it was to ensure the amendments carried out will be progressive, rather than regressive.

Among those in attendance were Human Rights Commission (Suhakam), human rights group Proham, National Professors' Congress, National Youth Council and several student representatives from across the country.

Despite the four-hour long discussion being intended for amendment proposals, the general consensus from the undergraduates, academics and the civil society was for the law to be repealed altogether.

Pakatan Rakyat representative Sri Setia state assemblyperson Nik Nazmi Nik Ahmad said the problem with UUCA went beyond section 15 of the Act, which is the focus of amendment.

"The problem is not just section 15, the problem is in many other sections - in terms of university autonomy, appointment of vice-chancellors, unfair discipline procedures and the limited powers of the student representative councils.

"If you want to talk about total reform, then come up with an alternative act," he said.

'No student representation'

"The draconian UUCA is restricting our training. Please repeal it, don't amend it," echoed Universiti Tun Abdul Razak (Unitar) representative Faiz Affendi Yunus Mohd Fadhil.

He added that the recently formed 10-member committee to study the UUCA amendments - led by Universiti Islam Antarabangsa deputy rector Nik Ahmad Kamal Nik Mahmod - had no student or private university representation.

Private university students are governed by the Private Higher Education Institution Act, which similarly imposes restrictions on students' participation in politics.

However, constitutional expert Shad Saleem Faruqi (left), who is a member of the committee, said the panel had to work within the context that was acceptable to the Higher Education Ministry, which presently only favours amendments to the law.
"All around the world, amendments are evolutionary rather than revolutionary. The prime minister is going for a evolutionary approach, rather than revolutionary approach.

"We must recognise the fact that not everyone in his government is agreeable to liberalisation, so he is walking the middle path," he said, referring to Prime Minister Najib Razak.

'Section 15 amendment not enough'

Shad Saleem stressed that the amendment must respect the spirit of the Court of Appeals decision in declaring section 15(5)(a) of UUCA unconstitutional.

The ministerial committee is tasked with recommending changes to the UUCA to allow students to participate in politics. Party politics will however remain banned on campus.

"This is like asking someone to swim without getting wet, it's a tightrope to walk," said the law expert.

Noting that the committee's term of reference was confined to section 15 of the law relating to students' participation in politics, Shad Saleem said that the amendments must be far-reaching enough to empower the students.

"The Student Affairs Department (HEP) must be sent for retraining and taught the basics of constitution, human rights and dignity," he said, pointing out that the department's extensive powers under the law had been previously exploited to make students' life difficult.

He added that there was no 'empirical evidence' that student's involvement in politics would affect their study, and this myth should be dispelled.

Concurring, Unversiti Antarabangsa Islam (UIA) student representative council president Mohamad Iqbal Ab Wahab said the law trapped students in a "cycle of stupidity".

"Even before the amendment is done, there is already this idea that if undergraduates bring politics to campus, they will be punished," he lamented.

Echoing this was Bar Council chairperson Lim, who stressed that freedom of expression is a right, not a privillege.

"The government imposed chains and restrictions in a revolutionary manner (when it introduced the UUCA), why should we unshackle it now in an evolutionary way rather than a revolutionary manner?"

Quoting a World Bank report, Lim adds that National University of Singapore (NUS), which was initially part of Universiti Malaya, had excelled because it was not constricted by the UUCA.

'Don't compare M'sia to developed nations'

However, National Professors' Congress secretary Raduan Che Rose said it would be "unfair" to compare local university systems with those in developed nations.

While voicing support for the amendment efforts, he reiterated the need of "a good system to govern students".

Meanwhile, Universiti Malaysia Sabah (UMS) student representative council deputy president Chin Chee Keong said his council was generally opposed to the amendment.

"Sabah is a unique place where race is less of a matter, we don't have Chinese associations or Malay associations in UMS.

"My president is concern that politics in Malaysia is racially based and if you bring politics into campus it will racially divide the students," he said.

However, Chin who was sent by his council to today's discussion said he was the sole dissenting member and was in favour of amendments.

The UUCA, he said, gives the HEP far reaching powers to punish students for legitimate dissent.

"Last year, UMS had water problems and my seniors in the student representative council had written to the Prime Minister's Office for help as a last resort, but the HEP suspended them for the action," he related.

Alternative UUCA bill to be studied

Speaking at a press conference later, Saifuddin said he would report back to Higher Education Minister Khaled Nordin on the terms of reference and increased representation in the UUCA amendment committee.

However, when asked if a repeal of the UUCA will be considered following strong calls from several stakeholders today, Saifuddin replied: "We'll see".

"We will also be having bipartisan discussion and look at the 'magna carta'(alternative UUCA bill), which was submitted by the undergraduates in 2008."

Saifuddin added that several more consultations will be held before the draft bill is presented to Parliament next year.