MAAC Calls For New Law Replacing AUKU To Guarantee Academic Freedom, Autonomy

KUALA LUMPUR, Aug 20 (Bernama) -- 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.

In a statement today, MAAC said the repeal of AUKU should not be seen as a mere abolition or renaming, but as an opportunity to rebuild ties between the government, institutions, academics, and students, founded on autonomy, academic freedom, accountability, integrity, justice and scholarly excellence.

MAAC said 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.

"Academics must be shielded from arbitrary action, 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 statement read.

The congress also proposed transparent, merit-based appointment processes for university leadership and board members, free from conflicts of interest.

The Senate, it said, should be empowered as the supreme academic authority with a clear mandate over academic matters, curriculum, research and scholarly standards.

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, it added.

MAAC further proposed 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, it said, should also be paid to salary and benefits, professional recognition, mental health, workplace wellbeing, retention of critical expertise and post-retirement benefits.

To ensure an independent justice and dispute resolution mechanism, 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.

"Any action against university staff must have a clear, reasonable, and proportionate legal basis, and must uphold the right to be heard, to representation, and to appeal to an independent body," the statement read.

To ensure continuity, MAAC said 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.

MAAC added that any amendment, repeal, or non-application of provisions must be clearly set out in savings and transitional provisions.

This would protect accrued rights, appointment status, emoluments, retirement benefits, contracts, ongoing proceedings, and the validity of institutional decisions, while ensuring no legal gaps or administrative uncertainties disrupt operations.

The congress 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.

MAAC said the new framework must recognise 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 added that it was prepared to contribute academic expertise to the Independent Committee, engagement sessions, consultative workshops and drafting of the new law.

"MAAC believes the new higher education framework should be developed not just for universities, but with universities and all stakeholders," it concluded.

-- BERNAMA