Esa Mohamed
Pertubuhan Akitek Malaysia (PAM)
Malaysian Institute of Architects
Member, UIA Professional Practice Commission
July 2005
Introduction
The Malaysian Institute of Architects has been an active member of the UIA Professional Practice Commission since it was founded in 1994. We have participated in every meeting. Our Institute hosted the Commission’s 2004 meeting in Kuala Lumpur.
Following the adoption of the UIA Accord by the UIA General Assembly in Beijing, China in 1999, our Institute initiated a program of actively applying the Accord’s policies, both within Malaysia and internationally.
Goal
The UIA Accord on Recommended International Standards of Professionalism in Architectural Practice has been recognized as a global standard by UIA member sections. Member sections are urged to use their utmost endeavours in promoting the use of the Accord by their respective national governments and relevant authorities. Each UIA member section is appraised with their system of government and administration and can find avenues where the Accord can be introduced, considered and used in the country’s practice of the architectural profession.
Malaysia’s Shared Experience
In the Domestic Arena
Over the past six years, the Accord had been introduced and deliberated upon by the Malaysian government in seminars, conferences and dialogues.
Our Board of Architects has been adopting the Accord in its activities to promote uniform standards for accreditation and training. The Council for Architectural Education Malaysia, a body under the Board of Architects, has adopted the guidelines of the Accord in evaluating architectural syllabus for the Institutes of Higher Learning Malaysia.
This move is to standardise the recommendation of the Board to other relevant organization that are associated to the practice of architecture.
Influencing Our National Government
Our Ministry of Education has formulated “Criteria and Standards for Education Programmes in the Field of Built Environment”. These criteria include training in architecture, engineering and surveying at the institutes of higher learning, in order to ensure the quality based delivery and outcome of training and education is achieved. The Accord had been used as the benchmark for architectural education.
Recognizing that it was necessary and vital to have national governmental ministries, authorities and organizations both aware of and utilizing appropriate elements of the Accord, our Institute focused on the following governmental units:
- Ministry of Works
- Ministry of International Trade and Industries
- Ministry of Education
- Board of Architects
- University Schools of Architecture
1. A special focus was on the National Economic Action Council which was established following the Asian financial crisis in 1997. The Council saw the importance of the services sector as the next engine of growth for the region. It then established the Professional Services Development Corporation to harness and maximise the economic potential of the professional services industry, the fastest growing sector within the Malaysian economy. This Corporation encompassed five the GATS service sectors in Business and Professional Services;
- Accounting and Legal Services
- Engineering and Integrated Engineering Services
- Architectural Services
- Education Services
- Construction and Related Engineering Services
The Corporation was committed to developing strategic linkages with capacity building organisations in other countries, especially those within the region and with networking foreign institutions for joint participation in research and development activities. It intended to play a lead role in the development of mutual recognition agreements where appropriate and promote the exchange of technologies through facilitation of local and international workshops and training programs. The Accord serves as an ideal template for facilitation of its programs particularly in negotiations under the General Agreement for Trade in Services as well as regional economic groups in ASEAN and APEC.
The Corporation is now becoming the main coordinator for capacity and capability building, networking with foreign professionals.
The Accord is continuously being cited at various forums dealing with the subject of architectural services. In 2004 a national seminar for architects was held to make them aware of the impact on globalisation and the need to open up their horizon. The Accord was a primary seminar topic.
In the Global Arena
The Accord was forwarded to the Malaysian permanent representative at the World Trade Organization at their headquarters in Geneva, Switzerland to apprise them of the developments of international standards of professional practice in architecture. Consequently, in the 2003 services negotiations I was named as a member of the Malaysian government’s delegation involved in the negotiation on professional services. The Accord was used as a basis for bilateral negotiations.
The WTO member representatives of the government are continuously being briefed on the progress and developments in the Accord. This is made possible by the existence of PSDC as the coordinating agency between the government and the private sector on matters regarding export of services including negotiations on multi-lateral, bi-lateral basis or free trade agreements between two countries.
Our Institute also has the goal of making known the existence and potential applications of the Accord in our government’s membership in regional bodies such as ASEAN and APEC.
Trade Agreements and Negotiations
The General Agreement on Trade in Services (GATS) covers all commercially traded services except those supplied in the exercise of governmental authority. Professional and business services form one of the categories of services of the WTO. Trade negotiations on the services sector are an ongoing agenda. Architectural services fall under this product classification.
Country officials are dependent on their respective country’s professional bodies to assist in providing inputs and requirements to the negotiators who are generally employees of the government’s Department of Trade. Regional trade negotiations also involve matters and trade on services.
Member sections should organize seminars or workshops to enlighten the relevant government officials of the Accord. It is recommended that the Member section publish the Accord as an adopted policy which can be further distributed the government and the relevant departments. Topics for discussions may be relevant to the issues of GATS as follows:
Public procurement is a major item in GATS particularly the requirement for transparency in the procurement process. Communication activities on the Accord and Recommended Guidelines should point out e.g. how the adoption of the recommended standards would help to respond to the important political objectives of public procurement procedures. The Quality Based Standards (QBS) recommendations are a perfect illustration of this principle, whereby the system and rules proposed in the guideline documents will obviously need to be adapted in national contexts and in circumstances when they are not applicable. The same reasoning can also apply when trying to raise the awareness in the private sector.
Consumer protection has become an important aspect in the national context. Domestic laws and regulations are formulated by national governments in the interests of public and consumers. Strong arguments can be presented using the various aspects of the Accord showing its relevance on public interests.
Environment features well in the WTO and provision of the GATS. The preservation of the eco-system that makes up the natural environment is dependent on the creation and modification of the built environment by man. The role and responsibility of architects in the creation of the built environment is paramount and should be emphasized. It is anticipated that there is a growing interest on the part of national government in environmental issues to support the protection of public interests.
Export of services is the pivotal item in all multi-lateral and bilateral negotiations. Architectural service is classified under CPC 8671 in GATS. Furthermore the service is generally carried out under Small and Medium Enterprises (SME) which attract politically charged arguments for protection against the GATS. It would be of interest to national governments to gather support of the SMEs in the trade negotiations at the WTO to ensure fair competition and to facilitate trade in services. The guidelines and recommendations contained in the Accord would of material relevance in such negotiations.
Personal Involvement
As both an Institute Past President and as a council member, I was tasked with the promotion of mobility of architectural services by Malaysian architects. In this capacity, I found myself serving in a number of official capacities:
- Chairman of the International affairs and Globalisation Committee of the Board of Architects.
- Chairman of the International Affairs and Globalisation Committee of PAM.
- Director of the Professional Services Development Corporation, Malaysia.
- Co-chairman of the National Professional Services Export Council, Malaysia.
- The architectural profession’s representative in several government agencies and advisory boards of universities and ministry of education dealing with curricula development.
- The architectural profession’s representative in bi-lateral and multi-lateral negotiations on services in WTO, AFAS (ASEAN Framework for Agreement on Services) and APEC.
Through these roles I have been able to introduce the Accord into the agenda of several activities of the government and that of the relevant bodies in the ASEAN countries. At the 2003 meeting of ASEAN Coordinating Committee on Services (CCS), the Accord was introduced and in particular the Recommended Guidelines on Mutual Recognition Agreements (MRA). As a result of this presentation, Malaysia and the Philippines are developing a mutual recognition agreement for architecture. At the 41st ASEAN CCS meeting held in Kuala Lumpur on 28th March- 30th March 2005, the draft Framework Agreement on Mutual Recognition Agreement for Architectural Services was table for discussions. The draft was subsequently simplified in the form of a Framework which will enable Countries to develop their own arrangement between agreeable countries at the 42nd ASEAN CCS meeting held in Brunei Darulsalam on 11th-14th June 2005.
Encouraging Use by UIA Member Sections
In an effort to encourage UIA member sections to make use of the UIA Accord within their own countries, the Commission developed, based largely on Malaysia’s experience, and the UIA Council approved “A Recommendation on Communicating the UIA Accord to National Governments and Relevant Authorities.”
It sets forth a number of actions to be pursued by UIA member sections. Permit me to highlight eight:
First, encourage their governments and regulatory agencies to reference, and adopt where appropriate, the policies of the Accord as the basis for reviewing and making appropriate revisions in their own national standards for the architectural profession.
Second, actively offer their assistance in this review process.
Third, encourage their governments and regulatory agencies to seek the assistance of the UIA Professional Practice Commission as appropriate.
Fourth, encourage their governments to commend the policies of the Accord to the World Trade Organization as an appropriate basis to begin negotiating mutual recognition agreements. An added citation of your professional body’s application of the Accord will lend credibility to this request. This process must take place by the members of the WTO; it cannot be done by the UIA or any other non-member organization.
Fifth, report the results of contacts with their governments and regulatory agencies to the Professional Practice Commission.
Sixth, participate in the development and review of additional Accord policies and recommended guidelines.
Seventh, continuing new developments with regard to the Accord should be published and distributed to your members.
Eighth, seminars and workshops dealing with the application of the Accord can be organized by the section and appropriate continuing professional development credits can be provided to the participants.
A System for Sharing Experience
Each Member section is being asked to establish its “Relevant Contact Point” (RCP) in the section. The RCP, which can comprise of a special committee on the UIA Accord or any other relevant body, may determine the appropriate administrative authorities/channels in their governments that can be the vehicles for communication of the Accord. The administrative authorities/channels may comprise of government ministries/agencies that deal with the following;
• Building and Construction
• Environment
• Urban planning and development
• Housing
• Architectural education and training
• Registration/licensing for architectural practice
Representatives of member sections working in government organizations dealing with the above are encouraged to promote the Accord in their activities. It therefore necessary that the member section as well as its members is full informed of the Accord.
The Accord has been translated into a number of languages; these translations are available at www.aia.org/about_uia.
Each Member section is encouraged to submit on an annual basis a comprehensive report on the results of contacts with their governments and regulatory agencies to the Professional Practice Commission. Based on these experiences they should also be in position to recommend changes in the strategies as well as the texts of the Accord.
Conclusion
The recognition and long term successful implementation of the Accord requires the commitment of all UIA member sections. Applying it within your country, region and internationally can have positive benefits for the enhancement and advancement of the architectural profession.