By Gerak
In a circular dated 8 October addressed to Universiti Kebangsaan Malaysia (UKM) staff, the university registrar’s representative virtually barred the staff from issuing any public statement.
What possessed the UKM administrators (or was it a lone wolf?) to issue such a circular?
Equally puzzling was the timing. It appeared to have come out of the blue. No UKM staff had reportedly issued any controversial statement. And nothing particularly controversial, like a government scandal or another by-election, was in the air.
UKM itself, for a long time, has been the bastion of good, conservative behaviour, with previously independent and critical research institutes and centres at its Bangi campus now having been tamed and, indeed, domesticated.
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So, it was quite puzzling for many that such a circular was issued.
When the circular went viral on social media, many netizens were shocked and annoyed, some quite incensed, that academic freedom was seemingly being threatened from within.
We in Gerak, while condemning this action by UKM’s administration, feel that there is more than meets the eye here and we really ought to address these wider issues.
The controversy itself has died down since. UKM quite quickly released a lame retraction of the memo, especially after the higher education minister himself criticised UKM’s action.
All well and good on paper, it would seem, with the minister coming out of this looking progressive and in support of academic autonomy and freedom of speech, and UKM now looking rather silly, having to retract its circular.
Still, our concern in Gerak is more with the policies, legal instruments and attitudes behind such an action by a leading public university – all of which provide legitimacy for such an action and for further actions of this nature.
Many are unaware that there is an insidious law called the Statutory Bodies (Discipline and Surcharge) Act 2000. This law governs the behaviour and activities of numerous statutory bodies, including those of most Malaysian public universities. It is more popularly called Act 605.
For Gerak, this is a repugnant law that must not apply to public university academics. Under 605, for example, academics may not write and publish anything against or in support (yes!) of the government of the day (Section 5, Part 2, subsection 18 on making public statements).
Gerak has been at the forefront of moves to exempt academics and universities from Act 605. We were supported in 2019 by the then minister, Maszlee Malik. Apparently, the PM then, Dr Mahathir Mohamad, was not in favour of this exemption.
In all our dealings with the numerous ministers since, we have reiterated this stand and demand. Sadly, other academic organisations have not raised even a squeak of protest against Act 605.
The irony is that, when it is imposed, as in UKM’s case, we get objections and protests by academics and others, seemingly without their being aware of the existence of Act 605. And even if they are aware of the act, they are unwilling to oppose it openly, publicly.
While Gerak commends the minister on his recent Facebook post (“Perihal Kebebasan Akademik”, 21 October), we wish to reiterate the matter of ‘context’ and the unique position of academics and universities in the country.
Government rules and regulations exist in the form of Universities and University Colleges Act and Act 605.
But as the minister correctly highlights, academics and universities play a unique role in society and serve as the microcosm of the nation.
As such, any directives which challenge the pillars of academic freedom and the unique role of universities in society must be thoroughly examined before any orders or statements are followed up.
It is unfortunate that UKM seems overzealous in blindly heeding every instruction or official warning issued by the authorities, without interpreting the context, or understanding the fundamental role it, as a public university, must play in society.
Such misinterpretations by UKM, or any public university for that matter, are careless. They further encourage the muzzling of academic freedom and self-censorship among academics.
Obviously, the minister does not want this to continue. However, if indeed the minister is as concerned as Gerak is regarding university autonomy and academic freedom, perhaps, beyond issuing reminders to universities like UKM, he should be actively working towards the removal of the repugnant restrictions of the act.
There is a need to focus on the elephant in the room and that elephant is clearly Act 605. – Gerak
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