Suitability of new Suhakam Chairman and in-coming Commissioners
Friday, 17 May 2002 12:00am
The Bar Council refers to the recent appointment of Tan Sri Abu Talib bin Othman as Chairman of the Malaysian Human Rights Commission (SUHAKAM) and the three other Commissioners.
SUHAKAM is charged with the protection and promotion of human rights in Malaysia. One of its most significant powers is to study and verify infringements of human rights on its own cognizance or as may be complained of. The Bar believes that SUHAKAM under the Chairmanship of Tan Sri Musa Hitam, drawing from his experience as UN Commissioner of Human Rights has to an extent discharged this function satisfactorily in getting acceptance of the concept of human rights in Malaysia in some quarters. Having said that, the Bar also believes that there is still much to be done. In this regard, evolution in this sphere can only be brought about under the able and independent leadership of persons fully conversant with, and who subscribe to, the principles and ideals of human rights.
The Bar Council therefore views with grave concern the appointment of Tan Sri Abu Talib as Chairman of SUHAKAM and the non-reappointment of Tan Sri Annuar Zainal Abidin, Prof Mehrun Siraj and Datuk Dr Salleh Mohd Nor as Commissioners. Tan Sri Annuar Abidin, Prof Mehrun Siraj and Datuk Dr Salleh Mohd Nor rendered outstanding service during their respective tenures, in particular, the findings of Tan Sri Annuar and Prof Mehrun in the Kesas Highway inquiry.
In respect of the appointment of Tan Sri Abu Talib and the in-coming Commissioners, the Bar Council further notes that their background may not be compatible and/or they do not have the experience or track record in the field of human rights. A matter of public concern will be Tan Sri Abu Talib’s well-known position on issues such as the Internal Security Act 1960 recently (supporting the legislation), as well as during his tenure as Attorney-General. This may call into question the effectiveness and impartiality of the Commission to act as an independent monitor of human rights in Malaysia.
In view of the respective backgrounds of the new Chairman and members of SUHAKAM as stated above, the Bar Council therefore urges SUHAKAM to ensure that it not only continues to fulfil its role, but develops further the principles and ideals of human rights. The persons newly appointed must ensure that the positions on human rights which they take henceforth duly subscribe to such principles. SUHAKAM must not be seen to be or in fact relegated to a lesser function. Neither must it tolerate human rights violations on the frequent and convenient altar of national security, or lack action in relation to the same. The actions or inaction of SUHAKAM will continue to come under public and international scrutiny, and the Bar Council hopes for a positive verdict on its future work under the new Chairman.
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