KUALA LUMPUR – Eight non-governmental organisations have raised extreme concern that the Malaysian Human Rights Commission (Suhakam) has “ceased to function”, with the term of office of the previous chairman and commissioners ending April 27 and no replacements being made to date.
Stressing that they are perturbed over the matter, they said that without any human rights commissioners, Suhakam cannot play the vital role it has been playing in Malaysia.
“They can make no Suhakam statements, recommendations to the government or even hold public inquiries. Human rights suffer,” they said.
“Noting the important role that Suhakam has been playing in Malaysia in terms of the promotion and defence of human rights, it is an embarrassment for Suhakam to find itself in a comatose stage by reason of a failure of the government to ensure that Suhakam always have commissioners.”
The statement today was undersigned by Aliran, Malaysians Against Death Penalty and Torture, Greenpeace Malaysia, International Women’s Rights Action Watch Asia Pacific, Network of Action for Migrants in Malaysia, Saya Anak Bangsa Malaysia, Teoh Beng Hock Trust for Democracy, and Workers Hub For Change.
The NGOs noted a report earlier this month that Suhakam is conducting an investigation into alleged human rights violations against junior doctors at public hospitals in Malaysia.
They said this raises a fundamental question as to how Suhakam, with no commissioners at present, can even make such a statement.
They stressed that Suhakam employees reasonably cannot act on their own if and when there are no commissioners.
“Suhakam is a statutory body created by reason of the Human Rights Commission Of Malaysia Act 1999, and the commission is made up of the appointed HR commissioners, appointed for a three-year term,” they said in the statement.
“When there are no Commissioners, as had been the case for the past month, Suhakam ceases to function, and will not be able to do anything including issuing statements, appointing and also providing directions to Suhakam’s staff/employees.”
The NGOs pointed out that the process of identifying and selecting new Suhakam commissioners began in October 2021.
They noted the failure to appoint a new chairman and commissioners on or before the end of the term of previous commissioners on April 27 this year.
“We hope that the members of the commission appointed by the Yang di-Pertuan Agong on the recommendation of the prime minister are done without any more delay.”
“The choice of the future chairperson and Suhakam commissioners is crucial, for that determines the future functioning and effectiveness of the national human rights institution,” they said.
A check on Suhakam’s website early this morning showed that the names of Tan Sri Othman Hashim whose term as chairperson lapsed last month, as well as the names of all the immediate former commssioners, are still on the portal.
Former commissioner Mah Weng Kwai was reported by Free Malaysia Today last month as saying that a selection committee had met on April 25, and the process of choosing and appointing the new commssioners would take some time.
Caution against ‘pro-government’ commissioners
Suhakam was established by Parliament under the Human Rights Commission of Malaysia Act 1999, which was gazetted on September 9, 1999. Its inaugural meeting was held on April 24, 2000.
The NGOs said that Suhakam’s effectiveness was not so evident since its inception, but this changed after Tan Sri Hasmy Agam (2010-2016) was appointed chairman, followed by Tan Sri Razali Ismail (2016-2019).
“The number of commissioners who will act without fear or favour for human rights in Suhakam is crucial, for all decisions of Suhakam require consensus, failing which the decision by a two-thirds majority of the members present at meetings shall be required,” they said.
“If the wrong kinds of commissioners are appointed, we may end up with a less vocal, possibly ‘pro-government’ Suhakam who may be disinclined to speak up when required or even hold public inquiries, more so when the alleged perpetrators may be (the) state or state officers.”
“The days when Suhakam was effectively an independent organisation which investigates complaints for the violation of human rights may come to an end,” they warned.
With wrong appointments, there may be no more public inquiries on matters of human rights, like that on disappearances of Joshua Hilmy, Ruth Sitepu, pastor Raymond Koh and Amri Che Mat, they added.
They also cited the public inquiries into the incidents during and after the public assembly of April 28, 2012; into the infringement of human rights, including the use of excessive force prior to and during the assembly on July 9, 2011; into the arrest and detention of five lawyers of the Kuala Lumpur Legal Aid Centre on May 7, 2009; into the allegation of excessive use of force by law enforcement personnel during the incident of May 27, 2008 at Persiaran Bandar Mahkota in Cheras; and inquiries into deaths in custody. – The Vibes, May 27, 2022
