KUALA LUMPUR – The selection committee involved in appointing new commissioners for the Malaysian Human Rights Commission (Suhakam) should have been more proactive to avoid an extended transitional period, according to disappointed former commissioners.
Claiming that the committee had only held a meeting several days prior to the end of term of previous commissioners on April 27, they said such delays should not be allowed to happen as the rights watchdog body will be compromised in the future.
This follows eight non-governmental organisations calling attention to the matter, saying that without any human rights commissioners, Suhakam cannot play the vital role it has been playing in Malaysia.
The NGOs pointed out that the process of identifying and selecting new Suhakam commissioners began in October 2021.
Speaking to The Vibes, one of the immediate past commissioners, Datuk Mah Weng Kwai, pointed out that the issue is a recurring one as three years ago the government had taken two months to appoint new commissioners after the previous commission had ended their term in office.
“Appointing incoming commissioners is not rocket science. The government, in all its efficiency, is taking far too long to make appointments and human rights issues cannot take a rest for a couple of months,” he said.
He added that besides important decisions relating to human rights being put on hold due to a lack of proper authority, there will be long-term repercussions to account for when new commissioners are forced to begin their time in office by dealing with a backlog of past matters.
“Human rights concerns do not go on holiday, especially in Malaysia.
“They (the selection committee) should have met earlier since they are aware that it will take a couple of months to go through the appointment process,” he said.
Echoing similar sentiments, Mah’s former colleague Jerald Joseph labelled current conditions a “guessing game,” saying that while he is hopeful for the new commission line-up to be announced shortly, he doubts that it will happen anytime soon.
Jerald stressed that since the expiration date for each commission is fixed and the dates are made known from the very start of their three-year term, there is no excuse for the selection committee to put off looking for a replacement until the very last minute.
“These gaps should not be happening as the committee knows when our time in office was going to end and they had three years to plan a seamless transition,” he said.
He explained that under the Suhakam Act, the selection committee is a 5-person group made up of the chief secretary to the government, the outgoing Suhakam chairman, and three civil society representatives.
Jerald said that during his term he had submitted proposals to improve the commissioner selection process outlined in the Suhakam Act, noting that one of the suggestions had been to reveal who exactly the representatives are as current law dictates that they be kept secret.
While discussions with the Legal Affairs Division had been conducted, there has yet to be a definitive conclusion on his proposals, he said.
He also emphasised that while the body lacks commissioners at the moment, its management team and staff members are still hard at work continuing ongoing work that had been discussed prior to the expiration of the former commission.
“Suhakam still exists and has not been dissolved as staff are working on internal matters, with departments running as per normal.
“However, like any other body, all parts are required for the body to properly function,” he said, noting that while officers from the complaints department will still conduct investigations into grouses, no decision on what to do with the results can be made without a chairman. – The Vibes, May 27, 2022
