MALAYSIA

Students say political rights amendment falls short
The recent vote in the Malaysian Parliament to pass amendments to three acts to allow students greater political freedom has been generally welcomed – but not everyone is happy.The amendments to the Universities and University Colleges Act (UUCA) 1971 were passed on 10 December, which was also the 70th anniversary of the Universal Declaration of Human Rights.
Two other related acts – the Private Higher Educational Institutions Act 1996 and the Educational Institutions (Discipline) Act 1976 – were similarly amended.
Section 15(2)(c) of the UUCA, which prohibited a student from being “involved in political activities within campus”, was repealed. Similar sections were dropped in the other two acts, effectively removing a ban on students taking part in political activities on campus.
Education Minister Maszlee Malik said the amendments tabled were just the initial move to abolish the UUCA totally by 2020. Even though it was just a subsection, “it is very significant as it would eliminate the siege mentality and culture of fear which have been shackling university students”.
Student activists, however, had hoped that the government would amend the UUCA to drop Sections 15 and 16, which curtail students’ involvement in political activity.
The UUCA was tightened in 1975 to restrict students’ involvement in politics after thousands of students protested in the preceding year in solidarity with rubber tappers struggling to earn a living.
Ironically, current Prime Minister Dr Mahathir Mohamad was then the education minister. In May this year, the opposition coalition he led swept into power on a platform of wide-ranging reforms, including a pledge to repeal all repressive laws such as the UUCA.
In an online petition launched ahead of the 10 December vote, a student group, the Coalition for Academic Freedom-Institute of Higher Learning (GPA-IPT), said the repeal of Section 15(2)(c) meant the government “has essentially agreed that external political parties should be allowed to operate on campus”.
But the students were unhappy with the failure to remove other subsections within Section 15 and Section 16. For instance, Section 15(2)(a) prohibits students from being a member of any unlawful society, organisation or group.
Section 15(b) prohibits students from being a member of societies, organisations and groups other than political parties, that the university board deems to be “unsuitable to the wellbeing of the students or the university”.
Section 16 grants powers to the vice-chancellor of a university to suspend or dissolve any group or organisation of students.
“Political involvement does not simply mean taking part in political party activities, but open discussions, campaigning work, fundraising, organising protests and strikes and more. Every one of these things is potentially illegal under the remaining portions of [the UUCA],” read the students’ petition.
“Just amending 15(2)(c) is as good as doing nothing,” asserts Asheeq Ali Sethi Alivi, leader of GPA-IPT. “It only opens room for misuse: it can safely be assumed that it will only benefit the government parties as universities can still decide who the students can support and who they can’t under Section 15(3).”
GPA-IPT felt the government had to move immediately to remove the whole of Sections 15 and part of Section 16.
In their petition, the students’ group also wanted the education minister to issue formal directives to all universities and students affairs divisions to stop restricting student activities and to begin the process of implementing student self-government and representation of staff and students in university decision-making.
Academics, students, the minister and ministry officials concerned about reform, academic freedom and autonomy all agree that the UUCA needs to go, observes Professor Zaharom Nain, leader of the Malaysian Academic Movement (GERAK).
“The strategy has always been to repeal it in stages. Repealing any law [in its entirety] now takes time, due to [potential] opposition [in the Senate or upper house of Parliament].”
Senators are appointed to serve three-year terms. The previous ruling coalition Barisan Nasional, which introduced the three laws, still holds a majority in the Senate. Only by the end of 2019 would the composition of the Senate be certain of tilting in favour of the new government.
For Zaharom, the recent attempt at addressing the ‘low-hanging fruit’ fell short of expectation. “Many of us were informed that both Sections 15 and 16 of the UUCA would be up for repeal, but only Section 15(2)(c) was put up.”
“Depending on where one stands, this could be seen as 'foot dragging' on the part of the ministry, a tactical move on the part of the minister, or a clear breaking of promise in the students' eyes. Some of us at least hope that it is a strategy and not, as many others assert, foot-dragging and sabotage.”