Media Statement – 27/5/2022
SUHAKAM ‘dead’ with no HR Commissioners for 1 Month is unacceptable
We, the 8 undersigned organizations and groups are perturbed that the Malaysian Human Rights Commission (SUHAKAM) has ceased to function when the term of office of the previous Chairman and SUHAKAM Commissioners came to an end on 27/4/2022, and to date no new Chairpersons and HR Commissioners have been appointed.
Without any HR 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 suffers.
A media report on 11/5/2022, stated that the ‘…Human Rights Commission of Malaysia (Suhakam) is conducting an investigation into alleged human rights violations against junior doctors at public hospitals in Malaysia…’ raises a fundamental question, as to how SUHAKAM, with NO Commissioners at present, can even make such a statement. SUHAKAM employees reasonably cannot act on their own if and when there are no Commissioners. (FMT, 11/5/2022).
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 3-year term. 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.
Noting the important role that SUHAKAM has been playing in Malaysia, in terms of the promotion and defense of human rights, it is an embarrassment for SUHAKAM to find itself in a comatose stage by reason of a failure of government to ensure that SUHAKAM always have Commissioners.
It must be pointed out that the process of identifying and selecting new SUHAKAM Commissioners began in October 2021, and so the failure of the appointment of Chairperson and new Commissioners on or before the end of the term of previous Commissioners on 27/4/2022.
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.
In the past, from the birth of SUHAKAM, its effectiveness was not so evident but it changed after Tan Sri Hasmy Agam (2010-2016), and later Tan Sri Dato' Razali bin Ismail(2016-2019) were appointed as Chairpersons of SUHAKAM. The strong effective SUHAKAM continued on until April 2022.
The number of Commissioners who will act without fear or favour for human rights in SUHAKAM is crucial, for all decisions of SUHAKAM requires consensus failing which the decision by a two-thirds majority of the members present at meetings shall be required. 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 State or State officers.
If the wrong Chairperson and Commissioners are chosen, there may be no more public inquiries on matters of human rights, like the Public Inquiry Into The Disapperances Of Joshua Hilmy And Ruth Sitepu, Public Inquiry Into The Disappearance of Pastor Raymond Koh And Amri Che Mat, Public inquiry into the incidents during and after the public assembly of 28 april 2012, Public Inquiry into the Infringement of Human Rights Including the Use of Excessive Force Prior to and During the Assembly on 9 July 2011, Public Inquiry Into The Arrest And Detention Of Five Lawyers Of The Kuala Lumpur Legal Aid Centre on 7 May 2009, Public Inquiry Into The Allegation Of Excessive Use Of Force By Law Enforment Personnel During The Incident Of 27th May 2008 At Persiaran Bandar Mahkota Cheras 1, Bandar Mahkota Cherasil and inquiries into death in custody.
The days when the Human Rights Commission of Malaysia (SUHAKAM) was effectively an independent organisation which investigates complaints for the violation of human rights may come to an end.
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.
Charles Hector
For and on behalf of the 8 groups/organizations listed below
ALIRAN
MADPET(Malaysians Against Death Penalty and Torture)
Greenpeace Malaysia
International Women's Rights Action Watch Asia Pacific (IWRAW AP)
NAMM (Network of Action for Migrants in Malaysia)
Saya Anak Bangsa Malaysia (SABM)
Teoh Beng Hock Trust for Democracy
WH4C (Workers Hub For Change)
Suhakam left with no commissioners for third time
PETALING JAYA: The Human Rights Commission of Malaysia (Suhakam) does not have any commissioners after their term expired yesterday, similar to what happened twice previously.
Former commissioner Mah Weng Kwai said a selection committee met on Monday and the process would take some time.
“As of today, there are no commissioners and this will affect advocacy work and maintaining the good standing of Suhakam,” he told FMT.
Mah said only the Suhakam management functioned and no policy decisions could be made.
There are nine commissioners who have a three-year term from 2019.
Five, including Mah, a former Court of Appeal judge, served two terms, the maximum allowed under the Suhakam Act.
The other four – Osman Hashim, Noor Aziah Mohd Awal, Madeline Berma and Hishamudin Md Yunus – could be reappointed for another term.
FMT understands that Hishamudin, also a retired Court of Appeal judge, had expressed his wish not to be reappointed.
Mah said that three years ago, it took the government two months to appoint the commissioners.
“It is in the best interest of the public that the commission is up and running at all times as there are always serious challenges on human rights issues like the threat to the independence of the judiciary,” he said.
In 2016, under Najib Razak’s administration, Suhakam was also left without commissioners for almost two months. - FMT, 27/4/2022
Five Suhakam members completed their second term at the human rights commission yesterday.
They are Mah Weng Kwai, Jerald Joseph, Nik Salida Suhaila Nik Saleh, Lok Yim Pheng and Godfrey Gregory Joitol.
All five started their tenure as Suhakam commissioners in 2016 during then prime minister Najib Abdul Razak's administration.
Each term lasts three years. Section 5(4) of the Human Rights Commission of Malaysia Act 1999 (Suhakam Act) does not allow a third term.
Four other commissioners completed their first term including Othman Hashim (outgoing chairperson), Madeline Berma, Mohd Hishamuddin Md Yunus and Noor Aziah Mohd Awal.
Putrajaya has yet to announce the list of replacement commissioners.
Suhakam members are appointed by the Yang di-Pertuan Agong on the recommendation of the prime minister in consultation with an appointment committee chaired by the chief secretary of the government.
According to Section 11 of the Suhakam Act, the committee must also consist of the chairperson of Suhakam and three members of civil society who have practical experience in human rights matters, appointed by the prime minister.
In previous cycles, there have been incidents where there will be a gap of several months before a new batch of commissioners is appointed. - Malaysiakini, 27/4/2022
