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We, the undersigned members of the Malaysian civil society, call on the
government to initiate amendments to the Human Rights Commission of Malaysia Act
1999 to make the Human Rights Commission of Malaysia (SUHAKAM) a truly
independent and effective institution.
The International Coordinating Committee of National Human Rights Institutions (ICC)’s
recent notice to SUHAKAM for its failure to comply with the Paris Principles and
the consequent possibility of it being downgraded indicates the ICC’s grave
concern with regard to the Malaysian government’s management of SUHAKAM. SUHAKAM
has been confined by the provisions of the Act and has disappointingly fallen
short in its mission to promote and protect human rights.
From 21 to 23 April 2008 , the ICC Sub-Committee on Accreditation carried out
its periodic re-accreditation of national human rights institutions (NHRIs)
based on the Paris Principles. The Paris Principles are the international
standards for an independent and effective NHRI. In its review of SUHAKAM’s
accreditation, the ICC Sub-Committee on Accreditation gave notice to SUHAKAM to
“provide, in writing, within one year […], the documentary evidence deemed
necessary to establish its continued conformity with the Paris Principles”,
failing which, SUHAKAM would be downgraded from its current “A” status to “B”.
This means that SUHAKAM will lose its right to participate in the regular
sessions of the United Nations Human Rights Council. It will also be stripped of
its full membership in the Asia Pacific Forum of NHRIs (APF) and will be
relegated to a candidate or associate member, which does not have voting rights
in the APF’s decision-making body, the Forum Council.
The recommendations given to SUHAKAM by the ICC Sub-Committee on Accreditation
reaffirms the concerns regarding SUHAKAM’s independence and effectiveness which
have been articulated by various human rights NGOs in the country since the
Commission’s establishment. The key recommendations and observations made by the
ICC Sub-Committee on Accreditation in relation to SUHAKAM were:
1. The independence of the Commission needs to be strengthened by the provision
of clear and transparent appointment and dismissal process in the founding legal
documents, more in line with the Paris Principles.
2. With regard to the appointment, the Sub-Committee notes
the short term of office of the members of the commission (two years).
3. The importance of ensuring the representation of different
segments of society and their involvement in suggesting or recommending
candidates to the governing body of the Commission.
4. The importance to engage with the international human
rights system, in particular the Human Rights Council and its mechanisms
(Special Procedures Mandate Holders) and the United Nations Human Rights Treaty
Bodies.
Most of the recommendations are related to the Human Rights Commission of
Malaysia Act 1999 (Act 597) under which SUHAKAM was established. These
recommendations serve as a timely reminder that the government should reflect on
the objectives of SUHAKAM’s establishment. If there is a perception that SUHAKAM
was set up merely for the purpose of window-dressing the government’s poor human
rights record, then its lack of independence must surely underscore that
perception. The government should therefore act immediately to make the
Commission independent and effective by implementing the measures proposed
below.
Should the government ignore these recommendations, SUHAKAM’s status would be
downgraded by the ICC. This will reflect poorly on Malaysia ’s human rights
record at the international level for lacking in political will to promote and
protect human rights. It will make Malaysia 's pledge to the United Nations in
2006 that it “will continue to take proactive and innovative measures to further
promote and protect human rights” a mockery. The credibility and the stature of
Malaysia as a member of the United Nations Human Rights Council will suffer if
the government does not act immediately on the ICC Sub-Committee on
Accreditation's recommendations.
We therefore strongly urge the government to be accountable and to take
immediate measures, especially by amending Act 597, to ensure:
1. SUHAKAM's structural autonomy from the government
SUHAKAM should report to the Parliament, and not to the Prime Minister’s
Department.
2. transparency in the selection of SUHAKAM Commissioners
Establish an independent Search Committee. This should comprise Members of
Parliament from all parties, civil society groups, trade unions, concerned
social and professional groups. The selection powers should not be left solely
with the Prime Minister. The selection process should be transparent and fair,
and with full consultation with civil society.
3. the setting of clear criteria for SUHAKAM Commissioners
Commissioners who are selected should be credible, independent and competent in
the field of human rights. They should serve full time, and focus exclusively on
human rights work.
4. longer tenure of Commissioners
The tenure of commissioners should be extended to five years and re-appointments
should be dispensed with immediately so as to ensure autonomy.
5. wider powers and mandate to be accorded to SUHAKAM to promote and protect
human rights in Malaysia
The definition of “human rights” in Section 2 of Act 597 should be amended.
SUHAKAM’s jurisdiction should be widened to cover rights relating to life,
liberty, equality and dignity of the individual as embodied in the Universal
Declaration of Human Rights and other international human rights laws and
standards.
SUHAKAM’s powers under Section 12(2) of Act 597 should be clarified. This
section is frustrating SUHAKAM’s work because when a human rights violation is
taken to court, SUHAKAM has thus far refused to hold public inquiries.
6. that SUHAKAM’s reports are debated in Parliament, and its recommendations
implemented
SUHAKAM’s recommendations to the government should be implemented immediately.
This includes those on the ratification of international human rights treaties.
SUHAKAM’s reports should be tabled and debated in the Parliament.
This statement is endorsed by:
1. Alaigal
2. Aliran Kesedaran Negara (Aliran)
3. Amnesty International, Malaysia
4. All Women’s Action Society (AWAM)
5. Centre for Independent Journalism (CIJ)
6. Centre for Orang Asli Concerns (COAC)
7. Child Development Initiative
8. Civil Rights Committee of the Kuala Lumpur and Selangor Chinese Assembly Hall
9. Community Development Centre (CDC)
10. Education and Research Association for Consumers Malaysia (ERA Consumer)
11. Gerakan Mansuhkan ISA (GMI)
12. Group of Concerned Citizens
13. Human Rights Committee, Bar Council Malaysia
14. Jaringan Rakyat Tertindas (JERIT)
15. Jamaah Islah Malaysia (JIM)
16. Labour Resource Centre (LRC)
17. LLG Cultural Development Centre (LLG)
18. Malaysia Youth and Students Democratic Movement (DEMA)
19. Monitoring Sustainability of Globalization (MSN)
20. National Human Rights Society (HAKAM)
21. Network of Solidarity Collective (NOSC)
22. Panggau, Sarawak
23. Parti Sosialis Malaysia (PSM)
24. Penang Watch
25. Persatuan Kesedaran Komuniti Selangor (Empower)
26. Persatuan Masyarakat Selangor dan Kuala Lumpur (PERMAS)
27. Persatuan Sahabat Wanita Selangor (PSWS)
28. Pesticide Action Network Asia Pacific (PAN-AP)
29. Pusat Khidmat Pekerja Tanjung (PKPT)
30. Pusat Komunikasi Masyarakat (KOMAS)
31. PT Foundation
32. Research for Social Advancement (REFSA)
33. Save Ourselves (SOS)
34. Semparuthi Iyakkam
35. Sisters in Islam (SIS)
36. Suara Rakyat Malaysia (SUARAM)
37. Tenaganita
38. TERAS
39. Women’s Aid Organisation (WAO)
40. Worker’s Organisation Malaysia
41. Writers’ Alliance for Media Independence (WAMI)
42. Yayasan Amal, Johor
43. Youth for Change (Y4C)
44. Youth Section of the Kuala Lumpur and Selangor Chinese Assembly Hall
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Circular No 297/2008
