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International Conference Internationalization o f Higher Education: North-South Perspectives JOINT-PROGRAMS IN HIGHER EDUCATION (HE) AND THE FORMATION OF SPECIAL FREE ACADEMIC ZONES IN MALAYSIA Ngô Tự Lập, Dr In te rn a tio n a l S c h o o l- V N U H anoi, V ietnam Abstract A Joint-Program is usually seen only as a mode of education technology transfer or international education business The aim of this paper is to show that in the special historical context of Malaysia during the last decades of the 20th century, it could have deep social-political and cultural consequences, playing a role similar to that of the Special Free Economic Zones In other words, JPs are intrinsically Special Free Academic Zones6 K e y w o rd s : Higher Education, Internationalization, Joint-Program, Malaysia, JOINT-PROGRAMS AS SPECIAL FREE ACADEMIC ZONES As a particular model of commercial presence, a way of internationalization, a JP has two major underlying motivations: (1) the need of the domestic market for internationalized human resources; and (2) revenue seeking - first of all for the foreign providers, especially those from Australia, the UK, and the US, the countries with long traditions o f corporate universities, but also for their domestic partner institutions The successful development of JPs can eventually lead to strengthening the possibility and capacity of receiving international students, which finally turns those HE importing countries into exporters One example of such a country is Singapore, where 75% of students in private institutions, many of them international students, pursue their study in JPs Malaysia is another example, although less successful But in some cases, JPs may have other implications In post-colonial Malaysia, or in transitional Vietnam and China, for example, JPs have served as a way to avoid socio-political barriers created by the specific historical contexts In these cases, the traditional functions of higher education are severely limited by socio-political, racial or ideological obstacles, and JPs, and internationalization o f HE in general, are possible ways to solve the problems presented in transitional periods In these countries, JPs play a role similar to the role o f Special Free Economic Zones (SFEZs) At the Forum of Vietnam's young researchers in Hà Nội (11/2007), I first used the term SFUZ (Special Free University Zones) However, later at I thought that SFAZ (Special Free Academic Zones) is a better term and I have used on different occasion, as at ASCOJA conference (Yangoon, 11/2009), or at APEC SEAMEO Language Seminar (Singapore, 03/2010) (Ngô Tự Lập) 25 International Conference Internationalization o f Higher Education: North-South Perspectives MALAYSIAN HE SINCE 1957: A BRIEF HISTORICAL ACCOUNT 2.1 Brief Accounts of Malaysian History Occupying a peninsula stretching down from the South of Thailand, Malaysia is situated at the crossroads nU if imi i c t i ifui imi i o o fu r cai in i co [nJ U n ir tI ao in ỈHU tIrỈ aC H Ỉ UcỈ s7 lilli n o G hU octiA t W/ccs c c si ni fh u iz IC?t P L aa co ti ao n i i.H u tl hi icus \A v v/£o 2ocif V y a iic u Q :u ■v'./o O e i l rrni oa H U './ir V i p'.oa /i m r iiH o U i u r cs rns Peninsula) by the ancient Indians, the peninsula was shown on Ptolemy's map as the "Golden Khersonese" The first foreigners who came to the Malay Peninsula were perhaps Chinese and Indian traders, who established commercial ports in the region as early as in the first centuries of Common Era It is therefore not surprising that Chinese and Indian influences are appeared very early and are strong in Malaysian culture During the first centuries, the Malays adopted Hinduism, Buddhism, and Sanskrit Starting in the 15th century, the population o f the peninsula gradually accepted Islam, and by the 16th century Islam became the dominant religion o f the Malay people For centuries, trading ships between Europe and East and South East Asian countries have had to go through the Straits o f Malacca Because trade between Asia and Europe was very important, many world powers, including India in ancient times and the European empires in recent centuries, competed with each other to control the Straits The Straits were successively controlled first by the Indians (400BCE539AD), natives Malays (1445-1511), Portuguese (1511-1647), and the Dutch (1647-1834) “None of these nations desired to colonize the whole of the area but only to control this important shipping port The British gained a toehold in Malaysia in 1786 when they developed a settlement on Penang Island (at the northern beginning of the Straits of Malacca) and then in 1819 when they developed a settlement at Singapore (on the most southern tip of the Malayan Peninsula, at the southern end of the Straits of Malacca” (Pope, M ark et al., 2002) In 1824, the British took control of Malacca following the Anglo-Dutch Treaty of 1824 From that moment, the British influence gradually increased By 1826 the British took control of Penang, Malacca, Singapore, and the island of Labuan, forming what they called “the crown colony of the Straits Settlements” By the beginning of the 20th century, they had essentially taken control of Pahang, Selangor, Perak, and Negeri Sembilan Although the British control was usually indirect, through the influences of their “advisers" on the Malay rulers (Tregoning, quoted by Pope e ta l.,) the colonialists faced increasing nationalism In 1957, the British were forced to give Malaysia its independence During the 1960s and 1970s, the focus of post-colonial Malaysia’s government was to strengthen national identity by instituting Malay language (Bahasa Melayu) as the national and official language, and then by adopting the New Economic Policy (NEP) with strong favors given to the Malay ethnics Both policies faced strong opposition from the non-Malays Nonetheless, the country managed to develop significantly from being an essentially agrarian country into an industrial country by 1990 2.2 Brief history of Malaysian Higher Education 2,2.1 The B irth o f M o d e rn T e rtia ry E d u c a tio n in M a laysia Secular education in Malaysia was largely developed during the British colonial time However, tertiary education was never a focus in the country until relatively recently The website of the University o f Malaya (UM), the oldest modern university in Malaysia, claims that it was established in 1905 In fact, UM started as a medical school under the name “The Straits and Federated Malay States Government Medical School" (1905-1912), and then “King Edward VII School of Medicine” (1912 - 1921), with the aim to produce medical assistants in government hospitals In 1921, the status of the “King Edward VII School o f Medicine" was elevated, and it was called the “King Edward VII College of Medicine” until 1949, when it was merged with the “Raffles College” (1928 - 1949) to form the University of Malaya (Raj, Anantha A Arokiasamy, 2010; Website o f UM) However, this university was located in Singapore and, until 1959, and there was only one o f two campuses of UM in Kuala Lumpur In 1961, both the governments of Malaysia and Singapore passed the legislation to make the UM their national 26 International Conference Internationalization o f Higher Education: North-South Perspectives university Since then, the campus in Kuala Lumpur remained with the old name, the University of Malaya, while the campus in Singapore became the University of Singapore (now National University of Singapore) For this reason, G Sivalingam argues that “at the time of independence in 1957 there were no full-fledged universities in Malaya." The University of Malaya was thus established in 1962, and until 1969 it was the only university in Malaysia (Sivalingam, 2010) 2.2.2 Phases o f H igher Educational Policy Evolution in Malaysia Most authors, for example s Srinivasa Rao, distinguish three phases in the evolution o f Malaysian higher educational policy: 1) The pre-NEP phase (1957-1970), characterized by a post-colonial nation-building policy aimed at strengthening national identity and unity; 2) The NEP phase (1970-1990), characterized by affirmative policies aimed at addressing what the Malays believed to be an “ethnic imbalance" between the Bumiputeras (sons of the soil) and the non-Malays; and 3) The Post-NEP phase (since 1990), characterized by a shift from affirmative policies to neo-liberal policies that eventually led to the rapid development of private sector higher education, along with the proliferation of international cooperative programs Molly N.N Lee agrees about the first two phases, but considers the third phase after 1990 to actually be better understood as two distinctive phases-nam ely a phase from 1990 to 2000 and a phase from 2000 to present During the first and second phases, i.e from 1957 to 1990, the development of higher education in Malaysia progressed very slowly, which was partly because post-colonial Malaysia’s economy was underdeveloped and largely labor intensive, but also due to government policy The focus of Malaysian education system back then was on Primary and Secondary education, but not higher education remember that before 1970 University o f Malaya was the only university in Malaysia (Sivalingam, 2010) Another reason for the slow development of higher education in this period was the limited budget from the state that kept tight control of higher education - this is not peculiar to Malaysia After the establishment of the UM, the first university in the country, in 1962, it took years before the second university, the Science University o f Mafaya (Universiti Sains Malaysia - USM), was established in 1969 That was followed by the establishment of the National University o f Malaysia (Universiti Kebangsaan Malaysia - UKM, 1970), the Agricultural University of Malaysia (Universiti Pertanican Malaysia - UPM, 1971), and the Techonology University of Malaysia (Universiti Teknologi Malaysia UTM, 1972) In total, by 1975, there were universities in Malaysia The 1990-2000 period marks a pragmatic shift in Malaysia's higher education policy, and Malaysia itself, towards neo-liberalism Among the most important developments in this period was the “Private Higher Educational Institutions Act" (1996), an Act that forms the legal frameworks for the development of private higher education The event was very significant, as is demonstrated by the fact that the first proposal to set up a private university, the Merdeka University, was denied by the government in 1969 (Sivalingam, 2010) After 1990, private sector higher education developed very fast within a mere decade By 2000, the number of private institutions (universities and colleges) reached 704, although that was followed by a modest decline to 559 in 2005 The total number of private and public higher educational institutions in Malaysia increased from 295 in 1995 to 630 in 2005 (Sivalingam, 2010) The development of the private sector played a very important role in raising gross higher education enrolment ratios from 11% in 1995 to 32% in 2008 (Molly N.N Lee and Stephen Healy, 2006; International Bureau o f Education) Since 2000, the Malaysian higher system has evolved towards internationalization With an aim to improve the quality of tertiary education and to turn Malaysia into a regional educational hub, in 2004 the Ministry of Higher Education was established Substantial efforts have been made to promote the Malaysian higher education system 27 International Conference Internationalization o f Higher Education: North-South Perspectives Table 1: Growth o f tertiary institutions Types of Institutions Public 1965 1970 2000 2005 1965 1970 2000 11 11 - - 11 i l l 11 11" ■ " Universities University colleges Private S iP lil Polytechnics - - Colleges/community colleges Total 6' m m m 2005 ■ 20 - - n/a 34 n/a n/a '632 532 22 71 - - 460 559 Source: Malaysia, 2006, Ninth Malaysia Plan 2006-10, Economic Planning Unit, Prime Minister’s Department, Putrajaya, p 245 (quoted by Rao, 2007) Another way of characterizing the history of Malaysia’s higher education is offered by Molly N.N Lee, who, as quoted by Anantha Raj A Arokiasamy, distinguishes four periods in the history of Malaysian tertiary education: “Education for Elites", “Education for Affirmative Action”, “Education as and for Business”, and “Education for global competition.” Raj describes the historical picture of Malaysian higher education by a table that we have slightly modified, and use herein as Table Table 2: H istorical periods o f Malaysian higher education development Time Period Education for Elites Education for Affirmative Action Education as and fo r Business Education for Global Competition Pre-1970 1970-1990 1990-2000 2000 to present Structure Only one institution (University of Malaya) Establishment of other statecontrolled universities Establishment of Private Universities Establishment of MOHE Policy Emphasis on Primary and Secondary Education Ethnic quota Admission Market oriented, Foreign campuses, Corporatization of public -institution Increasing internationalizati on; Research universities Issues National identity Language issues Establishment of Malaysian Qualification Agency International recruitment Source: Raj, 2010 28 International Conference Internationalization o f Higher Education: North-South Perspectives It is clear from the above historical picture, that the 1990s represent a specific context, where the principles of neo-liberalism were juxtaposed directly against those of affirmative policies It is in this context, as is demonstrated in the following pages, that joint international programs came to be used widely by private colleges as a solution for resolving some of the racial, language and economic conflicts in Malaysia’ higher education system MALAYSIAN HE BEFORE 1990: LANGUAGE POLICY AND AFFIRMATIVE ACTION 3.1 Language Policy In late 1950s and the 1960s, as was the case with many other post-colonial developing countries, Malaysia wanted to strengthen its national identity and unity This target was thought to be achievable by instituting Bahasa Melayu, the language of the Malays, as the national and official language of the country The idea of establishing a National Language was born before independence and, as Michael Leigh and Belinda Lip note, “was a source for political debates and manifestos, for the 1955 general election It was revived again from 1964 when Lee Kuan Yew’s People’s Action Party pushed for a “Malaysian Malaysia", which represented a clear contrast to what he saw as the ruling Alliance Party’s preference for a “Malay Malaysia" (Leigh and Lip, 304) In 1959, i.e only two years after Malaysia achieved independence, a special organ called “Dewan Bahasa dan Pustaka” was established with the authority “to develop and enrich the national language; to promote literary growth and creative talents; to publish books in the national language.” (Hassan Ahmad, quoted b y Gill, 2001) But the establishment of Malay as national and official language was perceived differently by different ethnic groups The primary tension was between the Malays and native Malaysians, called "bumiputeras" (sons of the soil), from one side, and the Chinese and Indians from the other Malaysia was and still is a multi-ethnic, multicultural and multi-religious nation, in which the Malays form the largest ethnic group, but their majority is very slight In 1957, at the time of regaining independence, the population of the country was comprised of three major groups: the Malays (49.78%), the Chinese (37.1%) and the Indians (11.0%) o f the population (Gill, 2001) Since that time, the proportion between ethnic groups has evolved slightly in favor of the Malays and by 2004, it was as follows: M alay 50.4% , C hinese 23.7% , in d igen ous 11%, Indians 7.1% , o th e rs 7.8% (C /A F actbook, 1 ) But the deep origin o f th ese e th n ic te n sio n s lies not m ainly in the po p u la tio n p ercentag es, but th e r in th e w ay d iffe re n t e th n ic groups have perceived th e m se lve s in the new indepe ndent c o un try G ill (2 001) n o tice s: “Even though in demographic terms, the percentage o f Malays was only minimally larger than the other ethnic groups, it was their political clout and the fact that they considered themselves as “sons o f the soil” in contrast with the other ethnic groups who were of immigrant ancestry, largely from China and India, that gave them not only symbolic but also concrete power to influence decision-making on language and nation” (Gill, 2001) The language policy was most controversial when it was implemented in the educational system The Indians and Chinese opposed strongly the requirement of using Bahasa Melayu as the sole language in all educational institutions from primary up to higher education These two ethnic groups consider education in their own languages as a way to preserve their cultural identity According to United Chinese School Committees Association of Malaysia (UCSCAM), also widely known as Dong Jiao Zong (DJZ), the “final goal” of Malaysia’s Government is to wipe out all Chinese-medium and Tamil-medium schools The Chinese and Indians also opposed the idea of “Malay Malaysia" enthusiastically promoted by the Malays During the colonial time, most of the English language schools were located in cities and the great majority of students were non-Malays Most Malays lived in the rural areas and if some of them attended school, they likely learned in Malay language For this reason, “English was already then the language o f economic opportunity and social mobility and this situation resulted in "an identification of a racial group 29 International Conference Internationalization o f H igher Education: North-South Perspectives with a particular type o f vocation or industry and hence its identification with wealth or poverty " (Asmah, 1987: 63, quoted by Gill) In the so called “educational agendas of nation-building, national identity and unity”, the leaders of the independent Malaysia attempted to build a new educational system, in which Bahasa Malayu was the sole medium of instruction, and English is considered as nothing more than a foreign language (Gill 2001) However, in fact, the change was not as rapid as the hard Malay nationalists wanted In many schools and also at the UM, the only institution of higher education in the country, English remained the language of instruction until the end o f the 1960s (Leigh and Lip, 304) According to Saran Kaur Gill, at the UM, since 1965 a bilingual system was created, in which Bahasa Melayu was used as the instructional language for subjects in the liberal arts and English remained the instructional language for subjects of scientific and technological nature As planned, this bilingual system would eventually become monolingual, with Bahasa Melayu as the only instruction medium This process was completed in 1983, when all subjects were conducted in Bahasa Melayu in all public universities (Gill, 2001) Meanwhile, the frustrated Malay nationalists acclaimed “ that political and economic powers are concentrated in the hands of those who speak the more favored language.” (Kelman, 1971: 35, quoted by Gill) By “the favored language” they meant English, spoken mainly by the Chinese and the Indians and few elite Malays They called for rectifying this social and economic imbalance by enhancing the use of Bahasa Melayu as the national - official, educational, and administrative - language Their frustration eventually led to the May 13, 1969 racial riots, “which was perhaps the most significant event in post Independence Malaysia that changed the course of not only the educational system but also the course of Malaysian society, economics and politics (Sivallingam, 2007) After the racial riots in 1969, the institution of Bahasa Malayu as national language was reinforced and the New Economic Policy was introduced These policies have had great impact on Malaysian society Since then, despite the fact that the country has evolved from being an agrarian economy to an industrial nation, its socio-ethnical contradictions still remain even today 3.2 NEP and Affirmative Action in Higher Education After the 1969 riots, the New Economic Policy (NEP) was introduced in 1972 The aim o f NEP is to restore what the nationalist leaders see as “delayed equality’ by enhancing the status of “the sons of the soil” considered to be “discriminated in their own country in terms of employment and education."{Sivalingam, 2007) “Implementation of the NEP was linked to the introduction of the Sedition TKctTwRich prevents anyone from q uestion inglhe speciãrrigtĩts ancTprivileges accorded to the Malays, and the right of non-Malays to citizenship” (Leigh and Lip, 301) The arguments of the Malay nationalists were based on the fact that most of Bumiteras were employed in agricultural sector, while the non-Malays in skilled jobs with incomes higher and faster-growing than those of the Bumiteras In 1970, the Bumiteras owned only 2.4 percent of equity in the country, while the Chinese owned nearly one third The imbalance was also reflected in higher education in which 49.6% of the student population was Chinese, while the bumiteras and Indians comprised 43.3% and 6.0% of the student population respectively (Rao, 2007) This imbalance was considered to be unacceptable for the Malay nationalists The 1970-1990 period is characterized by accelerated Malayanization o f the education policy was also adopted, “whereby English-language schools beginning from the first year of primary school in 1970 and ending with the 1982” Naturally, this process would eventually lead to effectively abolishing medium in higher education by mid-1985s (Leigh and Lip, 304) educational system A new were converted to Malay last year of high school in English as an instructional Another important development in the Malaysian education system was the establishment of the Universiti Kebangsaan Malaysia in 1970, which aimed to meet the needs o f the Malays for higher education The name “National University o f Malaysia” Itself, as well as the requirement of using Bahasa 30 International Conference Internationalization o f H igher Education: North-South Perspectives Meiayu as the only medium o f instruction reflect the highly political nature of the decision After 1970, all public universities were required to use Bahasa Melayu as the only medium of instruction Since 1971, the Malaysian government has imposed a racial enrolment quota system (Selvaratnam 1988, quoted by McBurnie and Ziguras, 2001) Officially, this quota system is designed to ensure that the composition o f Bumiputeras, Chinese and Indians and other students in universities reflects the overall ethnic composition of the country But the Malaysian government never specified a concrete proportion Moreover, many Malays see the quota system as a means to make up for unequal opportunities in the other directions in the past” ( Young et at 1980, 55, quoted by Sivalingam) Apart from the quota system, other measures to promote higher education for the Malays have included a generous system of scholarships offered by the Federal and state governments, the Matriculation pathway, created to increase higher education entry assess for the Bumiteras The results o f this new educational policy has been a sudden and steep increase of the Malay share in enrollment in domestic educational institutions, from 49.6% in 1970 to 65% in 1975 (Sivalingam) and at the same time the rapid decrease of the non-Malay share from 50.4% in 1970 to 35.0% in 1975 (Tabb 3) This change is particularly significant if one notes the fact that the Malay proportion o f the total population is only 50% Table 3: Proportion o f Enrollment in Tertiary Education by Race (1970-1988): Year B u m ip u te Chinese Indian O thers T o ta l num ber 1970 40,2 48,9 7,3 3,6 ■7677 1980 47,3 42,2 9,7 0,8 '4 1988 61,8 31,1 6,6 0,5 Sources: 1) Malaysia, 1981 Fourth Department, p 352; 2) Malaysia, 1986 Department, p 49; 3) Malaysia, 1989 Lumpur, National Printing Department, p 48539 Malaysia Plan 1981-85, Kuala Lumpur, National Printing Fifth Malaysia Plan 1986-90, Kuala Lumpur, National Printing Mid-term Review o f the Fifth Malaysia Plan 1986-90, Kuala 274 (quoted by Rao, 2007) An indirect support o f higher education in Bahasa Malayu is the government’s policy in recruiting personnel for the civil service During the 1960s, 1970s and 1980s, the civil service in Malaysia was the largest employer of graduates, and the majority of them were Malay, which led to the result that Malaysia had a very large civil service workforce Saran Kaur Gill argues that this situation “could not go on forever and was resulting in an economic hemorrhage of the nation because of the large numbers of workers that existed for the nature of the work required - it was not cost effective and burdened the government Therefore, in contrast, in the 90's, the nation turned to and depended on the private sector as the main employment base for graduates.” (Gill, 2007) As Malaysia was entering the 1990s, some hard Malay nationalists could be content with the effectiveness of the affirmative action policy in higher education But the situation was more complicated One unintended consequence of these policies was the creation and development of twinning programs in Malaysia as an alternative for the non-Malays to seek higher education without having to use Bahasa Malayu as instruction language JOINT-PROGRAMS AS SFAZs IN MALAYSIA The spectacular development and success of JPs (twinning programs) in Malaysia is conditioned by the country’s socio-political and cultural contexts in 1990s: the advent of Neo-liberalism amidst the culmination o f NEP and Affirmative Policies 31 International Conference Internationalization o f H igher Education: Nođh-South Perspectives 4.1 The coming of Neo-liberalism the Privatization of Higher Education Neo-liberalism, sometimes also called Reagan-Thatcher Doctrine, emerged at the beginning of the 1980s to replace Keynesian doctrine that dominated the world economy for several decades Unlike Keynesians, the neo-liberalists believe in the power of the market Reviving Adam Smith’s idea of the “invisible hand of the market”, they argued for the minimization of government role in most areas of socio­ economic activity, including education Under the influence of neo-liberalism, a large wave of privatization occurred on a broad, international level Malaysia accepted the neo-liberal doctrine quite early and announced a Privatization policy in 1983 (Sivalingam, 2007) In 1986, the Promotion of Investment Act (PIA) was introduced that led to liberalization of not only the manufacturing sector, but also the service sector, including education However, the decisive shift from affirmative action towards neo-liberalism was in the early 1990s and closely linked with the leadership of the Prime Minister Mahathir Mohammed The conditions for the policy change were prepared by a series of great events in the world: the collapse of the communist bloc and the fall of the Berlin wall (1989); the disintegration the USSR and the end of the Cold W ar (1989), and probably also the success o f China’s economic reforms under Deng Xiaoping during the 1980s The neo­ liberal framework for the socio-economic changes was fully expressed in the Privatization Master Plan, announced in 1991 According to G Sivalingam, "the rationale for privatization was to: (i) reduce the size of the public sector; (ii) reduce the public sector’s borrowing requirements so as not to crowd out the private sector in the capital market; (iii) increase productivity by encouraging competition, and (iv) to increase the innovative capacity of the economy.” (Sivalingam, 2007) In 1996, the “Private Higher Educational Institutions Act” was released, marking a turning point of Malaysia’s higher education corporatization 4.2 Between Market and Affirmative Action The passage of the “Private Higher Educational Institutions Act” did not mean that the government -abandoned-its language-and-ideological-policy-wholesale.-ln-faGti-artÌGle-41 (-Medium-of-instruetÌ0n-)-0fthe “Private Higher Educational Institutions Act” expressly requires all private higher educational institutions to use Bahasa Malayu to conduct their courses of study as the sole instructional language: “(1) All private higher educational institutions shall conduct its courses of study in the national language (2) Courses o f study under subsection (1) shall include the subjects required to be taught under section 43 (3) Notwithstanding subsection (1), the private higher educational institution may, with approval of the Minister (a) conduct a course of study or a substantial part of a course of study in the English language; or (b) conduct the teaching of Islamic religion in Arabic (4) If any course of study or a substantial part o f any course of study in any private higher educational institution is conducted in the English language or Arabic, the national language shall 32 International Conference Internationalization o f Higher Education: North-South Perspectives be taught as a compulsory subject for the students following such course of study in such language, (5) In the case of students referred to in subsection (4) who are citizens of Malaysia, an achievement in the national language, at a level determined by the authority referred to in section 39, shall be a prerequisite to the award of a certificate, diploma or degree o f the private higher educational institution or of any University, University College, higher educational institution, • whether private or public, or professional body, within or outside Malaysia, consequent upon a ' course of study or training program conducted by the private higher educational institution jointly or in affiliation, association or collaboration with such University, University College, higher educational institution or professional body" (Private H igher Educational Institutions Act, Article 41) The “Private Higher Educational Institutions Act” (1996), under Article 43, “Compulsory subjects”, also requires private higher educational institutions to teach the following subjects: (a) Malaysian studies; (b) Studies relating to the teaching of Islamic religion for students professing the Islamic religion; and (c) Moral education for non-Muslim students: “(1) All private higher educational institutions shall teach the following subjects: (a) Malaysian studies; (b) Studies relating to the teaching of Islamic religion for students professing the Islamic religion; and (c) Moral education for non-Muslim students (2) The subjects mentioned in paragraphs (1) (a) to (c) shall be taught in addition to other subjects or courses o f study taught in the private higher educational institutions (3) in the case of students who are citizens of Malaysia, a pass in the subjects specified in paragraphs (1) (a) to (c), at a level determined by the authority referred to in section 39, shall be a prerequisite to the award of a certificate, diploma or degree of the private higher educational institution or of any University, University College, higher educational institution, whether private or public, or professional body, within or outside Malaysia, consequent upon a course of study or training program conducted by the private higher educational institution jointly or in affiliation, association or collaboration with such University, University College, higher educational institution or professional body” (Private Higher Educational Institutions Act, article 43) In summary, these requirements effectively mean that as Malaysian citizens, students cannot earn a Malaysian university degree unless they study in Bahasa Malayu and pass these compulsory subjects, and that private institutions cannot award a Malaysian university degrees if they conduct courses in English 4.3 Joint-Programs as Alternatives Before 1996, very few Chinese and Indians wanted to study in the public (which meant all) HE institutions, where courses were conducted in Bahasa Malayu The situation did not change very much for the non-Malays after the adoption of the Private Higher Educational Institutions A ct (1996), because, under the Act, private institutions also were required to offer courses of study only in Bahasa Malayu Moreover, as Provencher notes, “As Malay students became numerous in the university, they began to pressure authorities to increase these quotas even more and, to speed the process of displacing English with Malay as the language o f instruction, and also to establish Islamic Studies Programmes” (quoted by Rao, 2007) For this reason, “Though it is stated that meritocracy is followed in the selection process for entry into the university, the Malaysian state unofficially adopts the ethnic quota policies even more rigorously today” (Rao 2007) 33 International Conference Internationalization o f Higher Education: North-South Perspectives The non-Malays students must choose If they want to earn a Malaysian university degree, they have to accept Bahasa Malayu as medium of instruction, and have to pass those compulsory subjects that are of a strongly religious nature Evidently, study in Bahasa Malayu and passing all compulsory subjects to earn a Malaysian Degree is not the favored choice of Chinese and Indian students Consequently, many of them choose to pursue higher education overseas The statistics show that in 1997, one year after the Private H igher Educational Institutions A ct was introduced, 51,000 Malaysian students pursued their studies abroad (Middlehurst, Robin and Steve Woodfield, 2003) However, studying abroad is not affordable for everybody, especially during and after the economic difficulties in Malaysia in the 1980s and the crisis in 1997 To solve the problem, an innovative model of international cooperation in higher education, the twinning program, emerged as a solution According to Morshidi Sirat and Sarjit Kaur, one of the pioneers of the twinning program is the Sungei Way Group "An excellent and oft-quoted example is the partnership between Monash University in Australia and a very successful Malaysian conglomerate, the Sungei Way Group, to establish Monash University in Malaysia The Sungei Way Group was in fact a pioneer in twinning arrangements with foreign education institutions for it was already involved in this activity in the late 1980s, long before the PHEI Act 1996” (Sirat, Morshidi and Sarjit Kaur, 2007) Probably, twinning programs were originally created for profit-making purposes However, it soon proved to have numerous advantages over their alternatives Economically, twinning programs provide the non-Malays with English-medium higher education without having to leave the country, and thus with significantly lower costs Academically, twinning programs, especially those in collaboration with prestigious universities, are seen as of higher quality compared to local programs The degrees awarded by twinning programs are often those of prestigious and worldwide recognized universities, and therefore are better appreciated by employers This means that the graduates from twinning programs have considerable advantages compared to the graduates from Malaysian institutions Moreover, the students of twinning programs also can avoid the requirement of passing compulsory religious subjects, which are often an anathema to Malaysia’s Chinese and Indian minorities Administratively, twinning programs also have considerable advantages The quality assurance of twinning programs is controlled by foreign universities, and therefore not only local universities, but also colleges can be involved in such arrangements (Here we are talking only about international twinning programs, because the twinning programs can be also arranged between a junior colleges - offering "associate degrees" - and university degree awarding institutions In these cases, credits and transcripts earned by students in the junior colleges are transferable and can be admitted by the degree awarding institutions) This means that private institutions, especially private colleges, can make money by conducting accredited university degree programs designed by their partner universities without having to pass all the long, costly, and administratively complicated processes of designing, accrediting and gaining the approval of local authorities Apart from the aforementioned advantages, twinning programs also offer great flexibility in terms of pathways towards program completion The advantages of twinning programs underline their spectacular development and have contributed greatly to the development of private colleges in Malaysia, as noticed by M Sadiq Sohail and Mohammad Saeed: “ As for private colleges, there were a total of 666 institutions by the middle of 2001 ( ) private higher education in Malaysia is dominated by colleges” (Sohail and Saeed, 2003, 175) The phenomenal development o f twinning programs is also a reflection of the role of twinning programs as special free academic zones, that has contributed greatly to attracting the majority o f non-Malay 34 International Conference Internationalization o f Higher Education: North-South Perspectives students into private institutions of higher education In fact, the Chinese and Indian populations count for about 90 percent of the enrollment in private institutions, while the majority o f students in public universities are Bumiputeras (McBurnie and Ziguras, 94) The situation is described by Saran Kaur Gill as “a bifurcation of higher education”: "Through a repeal of its education act, higher education in the private sector was conducted in English This resulted in a bifurcation of higher education - with public universities based on a Bahasa Melayu medium of instruction and private universities using English” (Gill, 2001) The consequences of the language policy and the government's favoritism towards the Malay bumiputeras hence had unexpected consequences for the Malay nationalists Because most of nonMalay students pursue twinning programs in English in private institutions, they are more comfortable with English than the bumiputeras, the majority of whom study in public universities in Malay language The situation is described by Gill: “Graduates from the private universities provided strong competition to those from the public universities and were more favourably sought after by the companies in the private sector This was largely because of their competency in the English language This situation, if allowed to progress with no change to the medium of instruction in public universities would have led to serious social and economic problems for the nation ( ) The problem peaked in the year 2002 when 40,000 graduates from public universities were unemployed, and they constituted largely the dominant ethnic group, the Malays” (Mustapha, 2002, March :1&2, quoted by Saran Kaur Gill) The Malaysian Government finally recognized the problem In 2002, Prime Minister Mahathir Mohammad, who is well known for his pragmatic vision, declared that science and mathematics subjects will be taught again in English CONCLUSION SFEZs are conceived as free oases inside a certain economy In these oases the currents of capital, technology and human resources are allowed to flow freely without disturbing the old rigid socio­ economic and political system in a given country The SFEZs are highly appreciated not only for their economic efficiency, but also because they allow the experiments of economic liberalization to be realized without affecting the old socio-political and economic regimes Successful experiments in SFEZs can later be expanded and applied gradually within the whole nation In the same way, in some countries, JPs are intrinsically free academic oases Compared to local programs, JPs enjoy much more administrative, financial, and academic freedom JPs can play the role of SFAZs thanks to their special features that were described earlier While remaining under regulations of the local government and assuring relatively low tuition fees compared to those in foreign universities, JP offers a way to avoid the problems that the local higher educational system is facing7 The socio-political impact of Joint Programs are probably unintended consequences of their existence, but, in our opinion, are profoundly important as they contribute greatly to promoting academic freedom, democracy, and progress A c k n o w le d g e m e n t: This paper is a part o f a research work supported by the Korea Foundation for Advanced Studies’ International Scholar Exchange Fellowship for the Academic Year o f 2010-2011 (NGÔ TỰ LAP) At the Forum of Vietnam's young researchers in Hà Nội (11/2007), I first used the term SFUZ (Special Free University Zones) However, later I thought that SFAZ (Special Free Academic Zones) is a more appropriate term and I have used on different occasions, as at ASCOJA conference (Yangoon, 11/2009), or at APEC SEAMEO Language Seminar (Singapore, 03/2010) (Ngô Tự Lập) 35 International Conference Internationalization o f Higher Education: North-South Perspectives REFERENCES Albach, Philip G and Knight, Jane, “The Internationalization of Higher Education: Motivations and D A n l l t i n o 1' ix c a illic o in T U q , ill i i i o fy ln r A o n n ^ iN t-.r\ t u U u A f» -v -> o rin n p f U i r t ^ Q i * rM iilcm ciU UI I liy iio i I—U U U c u i U i i , 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http://unesdoc.unesco.org/ UNESCO, “Higher Education in South East Asia”, Bangkok, 2006, available at: Varghese, N.V., “GATS and Higher Education: the Need for Regulatory Policies”, IIEP, UNESCO, Paris: 2007 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 37 International Conference Internationalization o f H igher Education: North-South Perspectives 44 45 46 CIA Factbook: UNESCO IBE: World Education Service: http://www.wes.0rg/ewenr/11 apr/index.asp United Nations ESCAP, “Statistical Yearbook for Asia and Pacific 2009”, http://www.unescap.org/ 38 International Conference Internationalization o f Higher Education: North-South Perspectives 23 24 25 McBurnie, Grant and Christopher Ziguras, “The Regulation of Transnational Higher Education in Southeast Asia: Case studies of Hongkong, Malaysia and Australia" Higher Education, 42: 85105,2001 Middlehurst, Robin and Steve Woodfield, “The Role of Transnational, Private, and For-Profit Provision in Meeting Global Demand for Tertiary Education: Mapping, Regulation and Impact", UNESCO/ COMONWEALTH OF LEARNING, _ 2003, available at: Molly N.N Lee & Stephen Healy, “Higher Education in South East Asia: An Overview", in UNESCO, "Higher Education in South East Asia”, Bangkok, 2006, available at: 26 Ngô, Tự Lập, ‘V ề Hoa Kỳ đặc khu kinh tế tự do” (On the United States as a Special Free Economic Zone”, in "The Wisdom of Limits," Writers' Association Publishing House, Hanoi, 2005 27 Nguyễn, Thùy Anh, “Internationalization of Higher Education in Vietnam: National Policies and Institutional Implementation at Vietnam National University", Hanoi, Olivier, Diane E, Nguyen, Kim Dung, Nguyen, Thi Thanh Phuong, “Higher Education Accreditation in Vietnam and the US: In Pursuit of Quality”, APERA Conference 2006, available at: Pope, Mark & Muhaini Musa & Hernia Singaravelu & Tammy Bringaze & Martha Russell, “From Colonialism to Ultranationalism: History and Development of Career Counseling in Malaysia” The Career Development Quarterly, 50, 2002, 264-276 Raj, Anantha A Arokiasamy, “Impact of Globalization on Higher Education in Malaysia”, 2010, Rao, S Srinivasa, “Globalization, Affirmative Action and Higher Education Reforms in Malaysia: A Tightrope W alk Between Equality and Excellence”, 2007, Readings, Bill, “The University in Ruins, Cambridge”, Harvard U.P., 1996 Singh, J.K.N, Schapper, J and Mayson s., "The Impact o f Economic Policy on Reshaping Higher Education in Malaysia”, in M Devlin, J Nagy and A, Lichtenberg (Eds) “Research and Development in Higher Education: Reshaping Higher Education ” Vol.33, (pp 585-595) Melbourne, 6-9 July, 2011 available at: < http://www.herdsa.orq.au/wpcontenưuploads/conference/2010/papers/HERDSA2010 Singh J.pdf Sinvalingam, G, “Privatization of Higher Education in Malaysia”, Forum on Public Policy Sirat, Morshidi, “Malaysia”, in “Higher Education in South-East Asia”, UNESCO, Bangkok, 2006 Sirat, Morshidi and Sarjit Kaur, “Transnational Higher Education in Malaysia: Trends and Challenges”, Paper presented at ASAIHL Conference "Leadership for Globalization in Higher Education: Lessons and Opportunities”, 5-7 Dec 2007, Perth, Australia Sohail, M Sadiq & Mohammad Saeed, “Private Higher Education in Malaysia: students’ satisfaction levels and strategic implications”, Journal of Higher Education ‘ Policy and Management, Vol 25, No 2, November 2003, pp 173-181 Sun, Wenying “Nan” and Robert J Boncella, “Transnational Higher Education: Issues effecting Joint Degree Programs among US and Chinese Schools", Issues in Information Systems, Vol VIII, N o t 2007, pp 65-70 Trow, Martin, Trust, Markets and Accountability in Higher Education: A Comparative Perspective”, Research & Occasional Paper Series: CSHE 96 California: 1996 UNESCO, “World Conference on Higher Education: Higher Education in the Twenty-first Century”, Paris, 1988; http://unesdoc.unesco.org/ UNESCO, “Higher Education in South East Asia”, Bangkok, 2006, available at: Varghese, N.V., “GATS and Higher Education: the Need for Regulatory Policies”, IIEP, UNESCO, Paris: 2007 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 37 International Conference Internationalization o f Higher Education: North-South Perspectives 44 45 46 CIA Factbook: UNESCO IBE: World Education Service: http://www.wes.0rg/ewenr/11 apr/index.asp United Nations ESCAP, “Statistical Yearbook for Asia and Pacific 2009”, http://www.unescap.org/ 38 ... shipping port The British gained a toehold in Malaysia in 1786 when they developed a settlement on Penang Island (at the northern beginning of the Straits of Malacca) and then in 1819 when they... for the policy change were prepared by a series of great events in the world: the collapse of the communist bloc and the fall of the Berlin wall (1989); the disintegration the USSR and the end of. .. and after the economic difficulties in Malaysia in the 1980s and the crisis in 1997 To solve the problem, an innovative model of international cooperation in higher education, the twinning program,

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