Kuala lumpur: The Malaysian Academic Association Congress (MAAC) has proposed that the new legal framework replacing the Universities and University Colleges Act (AUKU) 1971 must guarantee academic freedom and strengthen university autonomy, without diminishing the existing rights, protections, and welfare of staff.
According to BERNAMA News Agency, MAAC emphasized that the repeal of AUKU should not be viewed merely as an abolition or renaming but as an opportunity to rebuild relationships between the government, institutions, academics, and students. This new relationship should be founded on autonomy, academic freedom, accountability, integrity, justice, and scholarly excellence.
The congress stressed that the new framework must safeguard the freedom to teach, research, publish, express evidence-based views, join professional bodies, and engage in public discourse without undue interference. Additionally, academics must be shielded from arbitrary actions, discrimination, intimidation, or retaliation over legitimate academic opinions or research findings.
MAAC supports stronger institutional autonomy in academic, administrative, financial, and talent development matters, subject to good governance, transparency, and public accountability. The congress also proposed transparent, merit-based appointment processes for university leadership and board members, free from conflicts of interest.
Furthermore, MAAC proposed empowering the Senate as the supreme academic authority with a clear mandate over academic matters, curriculum, research, and scholarly standards. It highlighted that academic staff, researchers, professional and administrative staff, and students should have representation and a meaningful voice in governance, policy-making, and decisions affecting campus life.
The congress suggested that the new Act include a dedicated chapter on university service, setting out clear principles and protections on appointment, confirmation, performance review, promotion, workload, professional development, sabbatical leave, discipline, representation, appeal, and job security for academics. Attention should also be paid to salary and benefits, professional recognition, mental health, workplace wellbeing, retention of critical expertise, and post-retirement benefits.
MAAC recommended that the government study the establishment of an Ombudsman or Higher Education Tribunal to handle specified categories of administrative, service, and disciplinary disputes. It emphasized that any action against university staff must have a clear, reasonable, and proportionate legal basis, upholding the right to be heard, representation, and appeal to an independent body.
For continuity, MAAC stated that the transition mechanism should map the impact on all relevant laws, including the Statutory Bodies (Discipline and Surcharge) Act 2000 [Act 605] and the respective university constitutions. Any amendment, repeal, or non-application of provisions must be clearly set out in savings and transitional provisions to protect accrued rights, appointment status, emoluments, retirement benefits, contracts, ongoing proceedings, and the validity of institutional decisions, while avoiding legal gaps or administrative uncertainties that could disrupt operations.
MAAC also proposed that the Independent Committee be transparently composed, with representatives from academic associations, academics across institutional categories, students, legal and constitutional experts, institutional leadership, employee bodies, industry, and civil society. The new framework must recognize the diversity of higher education institutions and avoid a one-size-fits-all approach, while remaining forward-looking on AI, digital education, research integrity, data, intellectual property, and cross-border studies.
The Congress concluded by expressing its readiness to contribute academic expertise to the Independent Committee, engagement sessions, consultative workshops, and the drafting of the new law, emphasizing that the new higher education framework should be developed not just for universities, but with universities and all stakeholders.