07/10/2020
Who Defends Students' Rights When KPT is Dysfunctional?
On 2nd October, when new semester was about to start in universities, the Ministry of Higher Education suddenly issued a statement advising universities to postpone the registration of students on campus and change it to online mode. The universities then immediately made announcements to inform students that they need not return to the campus. However, the new instruction was released on the eve of the registration day, and many students were caught unprepared. They were not allowed to stay on campus although they had arrived at the university. Some of them were unable to arrange transportation back home or could not afford expensive tickets. They too had no accommodation to stay in and did not know where to go.
It is an issue concerning the well-being of university students. Thus, student representatives should come forward to protest to the government on behalf of university students and help to resettle students stranded in the foreign states. However, most of the work were done by social and non-governmental organizations. In contrast, the Student Representative Councils (Majlis Perwakilan Pelajar, MPP) of the universities had appeared to be very passive on this matter. They only issued notices announcing the decision to delay the physical registration and did not adopt any further measures.
When the Sultan Idris University of Education (UPSI) promulgated a new policy at the instant and ignored the stranded students, instead the management asked Ustaz Ebit Lew, who helped the students return home at their own expenses, to make a public apology. MPP UPSI stood by the management, saying that Ebit Lew should abide the standard operating procedures, and calling on outsiders to help the UPSI students, shirking their own responsibility.
The behavior of the MPP UPSI had revealed the problem that most students’ rights cannot be defended: The MPPs lack the determination to defend the rights of students or unable to substantially help students in difficulties. Even if the MPPs are willing to help, their powers are limited by the Universities and University Colleges Act 1971 (AUKU 1971). Under AUKU, a MPP is restricted by its university management, everything it says and does must conform to the university’s position, and ultimately only becomes the school’s megaphone. A MPP is not allowed to have its own funds and independent bank accounts. Without funds, the operation of the organization is restricted everywhere. Taking this incident as an example, most MPPs were unable to immediately initiate funding for the stranded students to return home.
To establish a mechanism for students in various universities to defend the rights and interests of students, an independent Students' Union that is not affiliated with the university management is needed. A Students' Union must have absolute autonomy. The object of accountability is not the school and the government, but the students. When a university or government policy infringes on the rights of students, a students union is in an equal position with the management to hold discussions. The Students' Union must give students a platform to actively participate in campus affairs so that students who are the main body of the university and the school can manage the campus together. In order to prevent the leaders of the Students' Union from abusing their powers and unintentionally defending the rights of students, there must be a complete check and balance agency in the Students' Union.
When the universities students are ignored by the government, what can a Students' Union do? Under AUKU 1971, the finances of student society are kept by the school, and the operation must be approved by the management. If there is no restraint by AUKU 1971, the Students' Union can operate freely and optimize the resources and facilities on the campus. If the same incident happens again, the Students' Union can quickly mobilize funds to help students, or even use the assets of the organization to relocate students, so that students will not be wandering, and all hopes will be placed upon the community.
For example, in 2019, the University of Malaya Students' Union fight for the authority to manage several vacant houses outside the University of Malaya campus with the school management and provided the renovated houses to the students. On the 3rd of this month, the University of Malaya Student Union took initiative to help those university students stranded in Kuala Lumpur and Petaling Jaya by providing free accommodation for university students who couldn't return to their hometown; students stranded in the dormitory are receiving free meals, and students living off-campus receive free materials from the Student Union. Although these aids are not perfect, they are enough to show the huge difference between a student union with partial autonomy and a student representative council without autonomy in protecting student rights.
This shows that we need to establish student union systems in each to achieve true student autonomy and better take care of students’ well-being. Having said that, the establishment of the student union is still in violation of the AUKU 1971, which means that the Students' Union can be dissolved at any time as long as the management wants to. If the AUKU 1971 is not abolished, the power of live and death of university students is always in the hands of the government and the universities. This is why UMANY has insisted on abolishing the AUKU 1971 for many years.
Campus Democracy, Student Autonomy
University of Malaya Association of New Youth