What appeared most unfair to Rafzan Ramli was his expulsion from university for allegedly participating in a peaceful protest off-campus against the Internal Security Act (ISA) on June 8.

Several of his seniors who had demonstrated against Israel last year, were let off with only a fine. These seniors were graduating the same week he was expelled. One may glean from this tale, that an ISA protest is evidently not kosher.

Indeed, the expulsion for exercising the right of peaceful protest against an unpopular law is incomprehensible. Rafzan Ramli had set the pace with a complaint lodged with the Human Rights Commission, Suhakam, on June 23.

Since the end of 1998, university students have faced disciplinary action and some expelled for their political beliefs. No case of expulsion has gone for judicial review to the High Court. There is very little information thus far, as to whether the rights of students are adequately safeguarded in these disciplinary hearings. The Suhakam complaint could be opening a can of worms.

Students have also lodged with Suhakam, complaints of police violence on the June 8 peaceful assembly and of those arrested. The student entourage was met by some 50 FRU personnel in riot gear and an equal number or more police in plainclothes at the main entrance to Suhakam on June 30. Police will not let up. Certain university disciplinary authorities and police appear to be in consensus in the show of force.

Police use of force instead of negotiated management of the June 8 protest is the first in the months of April to June. Similar ISA protests by civil society groups and political parties around this time were relatively free of police violence and agitation.

Double jeopardy

Indeed, the University and University Colleges Act, 1971 (Uuca) deem students and staff as some kind of 'sub-citizens', as their rights under Article 10 of the Federal Constitution on speech, assembly and association are additionally curtailed by the 1975 amendments to the Uuca. Its double jeopardy by any other name.

Several institutions of higher learning have similar laws akin to the Uuca applicable to them. These parent laws allow the making of rules and regulations on discipline, according a wide discretion to university authorities in the meting out of penalties including expulsion.

In brief, the Uuca and related laws say that students and staff have no right to speech, assembly and association except with approval of university authorities. Once expelled, a student is not be allowed admission to any other university in Malaysia or the university from which he was expelled from unless the Minister of Education approves admission in writing with or without conditions.

The draconian nature of expulsion thus depriving a Malaysian of his right to education would demand scrupulous attention and application of the laws of natural justice, equity and good conscience. Any detraction thereof must invite judicial review.

University autonomy

The notorious 1975 amendments coming in the wake of several ISA arrests of student leaders in 1974, including the former Deputy Prime Minister Anwar Ibrahim appear resilient. It has withstood at least two reform movements from the academia before this.

The first wave of reform came with the promulgation of the University Charter 1978, drawn by the academia of the existing five universities. The second wave began with a memorandum to the Minister of Education, then Anwar Ibrahim in the 1980's.

The proposals for reform were in line with developing standards of academic freedom and university autonomy.

There are several declarations on the issue of university freedom and autonomy, the principal declarations being the Lima Declaration of 1988, the Dar Es Salaam Declaration of 1990 and the Kampala Declaration of 1990.

It is to be noted that these 3 documents emanated from the Third world and reflect the complexities of the post-independent (Third world) state at odds with its civil society.

The Kampala Declaration for instance has several provisions addressing the state's interference in academic freedom and university autonomy. Its preamble (in part) states that 'the struggle for intellectual freedom is an integral part of the struggle of our people for human rights'.

The Dar Es Salaam document has a preamble which reads in part, 'As people's free and independent existence is in question, they are beginning to question the existence of unfree and right-less politics. We as academics, intellectuals and purveyors of knowledge have a human obligation and a social responsibility towards our people's struggles for rights, freedom, social transformation and human emancipation.'

All three declarations emphasised the right of speech, assembly and association of staff and students as part of freedom and autonomy of higher institutions and freedom from state interference.

Student stakeholders

These declarations and several others in Eastern Europe were part of the documents referred by Unesco (United Nations Educational, Scientific and Cultural Organisation) for its World Conference on Higher Education in 1998, culminating in the World Declaration on Higher Education for the 21 Century: Vision and Action.

The Unesco document declares as a priority action at the national level that states, including their governments, parliaments and other decision-makers should recognise students as the centre of attention of higher education and one of its stakeholders.

Students should be involved in policy decisions including curriculum reform and students have the right to organise themselves autonomously.

Change is inevitable. The Uuca and its related laws are not in sync with new human rights standards and norms. These laws are not even in sync with the principal international instrument that being the Universal Declaration of Human Rights of 1948! (UDHR).

The UDHR fortunately guides Suhakam in its deliberations under the Human Rights Commission of Malaysia Act, 1999.

Rafzan Ramli's complaint is not his alone to bear. It is a reflection of all our struggles and in that we should walk the journey for freedom together.