Disqualification should be at end of criminal appeal - not delayed for other reason? Repeal Article 48(4)(c) FC?Will these criminal MPs still receive very high pensions?

Important to amend Constitution now - to end delay of disqualification of MPs after they have been convicted for crimes and appeals end. The petition for pardon to King or Rulers of States should not be a reason to delay disqualification of a criminal MP... Repeal Article 48(4)(c)...

Media Statement – 19/9/2022

Repeal Article 48(4)(c) of the Federal Constitution so that disqualification of convicted criminal MPs starts at the end of all criminal appeals, and not be further delayed by pardon petitions

People’s right to choose new MP should not be delayed

We, the 4 undersigned groups adopt the position that a Member of Parliament (MP) convicted of a crime, like former Prime Minister Najib Razak, should immediately be disqualified as MP after all the appeals against criminal conviction are over. This disqualification as MP by reason of criminal conviction should never be further delayed by reasons of application for pardon by King or State Ruler. As such, Malaysia must justly repeal Article 48(4)(c), the provision now in the Federal Constitution that allows further delay of disqualification as MP by reason that a petition of pardon has been filed

The Federal Constitution in Article 48(4)(c) that states that disqualification by reason of criminal conviction will be delayed ‘…(c) if within the period specified in paragraph (a) or the period after the disposal of the appeal or other court proceeding specified in paragraph (b) there is filed a petition for a pardon, such disqualification shall take effect immediately upon the petition being disposed of…’.

This means that Malaysia’s Constitution, as it is now, allows for an unjustified further delay in an MP’s disqualification, on the grounds that he filed a petition for a pardon. 'This delay denies the right of the people in the affected constituencies to choose a new MP.

Malaysians still have to to continue paying a convicted MP his salary/allowances even after the High Court finds him guilty, and then until the right of 2 appeals is exhausted. A further delay in disqualification because of a petition of pardon, means we are still paying a convicted criminal until an undefined date when the pardon is disposed of.

Further, the delayed disqualification affects the people of an affected constituency who are denied the right to speedily choose a new clean MP, rather than continue to be represented by a convicted criminal.

Malaysian had waited for 4 years after Najib was first charged July/August 2018 to the date the Federal Court finally rejected his final appeals on 23/8/2022. On 23/8/2022, Najib was finally sent to Prison on August 23 after a five-judge panel at the Federal Court upheld his 7 convictions and sentence for offences related to RM42 million in public funds from SRC International Sdn Bhd, a former subsidiary of 1MDB.

It must be remembered that Najib was found guilty of all 7 criminal charges, where the total sentence of imprisonment was 72 years being

‘(i) For the single charge under s. 23 of the MACC Act for abuse of position for gratification - imprisonment for 12 years and a fine of RM210 million (in default five years' jail);

(ii) For each of the three charges under s. 409 of the Penal Code for criminal breach of trust - imprisonment for ten years; and

(iii) For each of the three money laundering charges under s. 4 of the AMLATFPUAA - imprisonment for ten years.’

As such, despite being convicted for very serious crimes whilst he was Prime Minister/Minister, which would have resulted in Najib being imprisoned for 72 years, the courts mercifully decided that all the sentences were to run concurrently, being at the same time, so he now only had to spend 12 years in prison, and pay RM210 million fine.  Thus, even in a later consideration of a pardon, it is important that the King and/or State rulers take note of the 72 year sentence.

It is reasonable to delay disqualification of an MP until he has fully exercised his right of 2 appeals, as this right to appeals is part of the Right to A Fair Trial. Lower courts could have made a mistake, so delay until appeal/s are over is reasonable.

However, after the court’s criminal appeal processes are over there is no longer any reasonable justification yet again delay the disqualification of the criminal MP because he has filed a petition for pardon to the King or State Ruler. The pardon has nothing to do with the fact that the said MP has proven guilty beyond reasonable doubt, convicted and sentenced.

A pardon should essentially for the repentant convict, who is sorry for his/her crime and have reformed. It should never be because one was a former political party leader or is a member.

Alternatively, pardons maybe because of serious miscarriage of justice – but then, should the King or State Ruler ‘pardon’ or should it justly be dealt by the courts.

If the King or State ruler comes in fast and pardons Najib or any other convict, would it not be seen as making a mockery of the law and entire court process that lasted about 4 years, in Najib’s case.

The delay in disqualification of an MP by the making of a petition for pardon cannot be resolved until the Federal Constitution itself be amended by repealing Article 48(4)(c) of the Federal Constitution, and the opportune moment will be by the tabling and passing of a Constitution Amendment Bill when the Dewan Rakyat sits again in October.

With regard to public servants, peoples’ representatives like MPs and ADUNs, Ministers and Prime Minister, a criminal conviction ought not only lead to a disqualification of the MP, but should also include the cancellation or reduction of pension especially for those convicted for crimes related to abuse of powers, criminal breach of trust, money laundering, corruption and such crimes whilst in office.

Why should Malaysians continue to bear the burden of having to pay tens of thousands of ringgit monthly in pensions to former Prime Minister Najib, a criminal convicted for abuse of position, criminal breach of trust and money laundering until he dies, and thereafter to his dependents.

Hence, when it comes to criminal conviction of MPs, it should not just stop with the disqualification as an MP, but should also include deduction or cancelation of pension entitlements.

Should disqualification of MPs extend also to those who accept compound offers under Anti-Money Laundering and Anti-Terrorism Financing Act (AMLA) offences? After all, should not acceptance of a compound offer be acknowledged to be an ‘admittance’ of guilt. An innocent will seek trial to proof his innocence.

Therefore, we reiterate our

-          Call for the immediate repeal of Article 48(4)(c) of the Federal Constitution, that will ensure that a Member of Parliament will be disqualified when his final criminal appeal ends;

 

-          Call on Malaysia to table immediately a Constitution Amendment Bill to repeal Article 48(4)(c) at the next Dewan Rakyat sitting in October 2022;

 

-          Call for cancellation and/or reduction of pension entitlement of Ministers, Members of Parliament and/or public officers who are convicted of criminal offences whilst in office for charges like abuse of position, criminal breach of trust, corruption and money laundering;

 

-          Call on Malaysia and State governments for the enactment of clear laws/enactments that will clearly set out procedure and rights of  the pardon process, which shall also state clearly the time limit for disposal of petitions of pardon, for as it stands now, Najib’s petition for pardon may not even be disposed off for years, and so he may stay on as Member of Parliament for Pekan until the next General Elections.

 

Charles Hector

On behalf of the following groups

 

ALIRAN

MADPET(Malaysians Against Death Penalty and Torture

Saya Anak Bangsa Malaysia [SABM]

WH4C (Workers Hub For Change)

Stop making a mockery of worker and human rights, and guarantee migrant worker Sabri, whose rights violated by State and public officers, can stay in Malaysia to claim justice - Access to Justice For All Migrant Workers by Non-Repatriation Until All Outstanding Claims are Speedily Settled (21 Groups, 13/9/2022)

 

Media Statement –    13/9/2022

Stop making a mockery of worker and human rights, and guarantee migrant worker Sabri, whose rights violated by State and public officers, can stay in Malaysia to claim justice

Access to Justice For All Migrant Workers by Non-Repatriation Until All Outstanding Claims are Speedily Settled

We, the 21 undersigned groups and organizations note that on 24/8/2022, Sabri bin Umar, the wrongly charged, convicted, sentenced and whipped Indonesian migrant worker managed to finally get a one month Special Pass, which now expires on 21/9/2022, after previously obtaining 2 successive 2-week Special passed. This will give him, a victim of rights violation, the time and ability to pursue justice that only can be done in Malaysia in Malaysian courts and other avenues of justice in the country.

However, once again the Special Pass is issued to ‘make arrangements to leave Malaysia’. This puts Sabri in a most precarious position, and there is no absolute certainty whether this Special Pass will be reissued after it lapses. The Malaysian government must guarantee no repatriation, and continuous issuance of Special Passes until all his cases and claims

Legal Suit Commenced Against Minister and others

On about 22/8/2022 Sabri commenced a legal suit at the High Court Tawau (TWU-21NCvC-5/8-2022 (HC)) against the Minister of Home Affairs. The Sabah Chief Minister, the Immigration Department and others seeking, amongst others, a court order asking the Minister to make and communicate his decision on Sabri’s 2 appeals to the Minister against the decisions of the Immigration Department.

The  Minister, to date, has yet to give his decisions. If dissatisfied with the Minister’s decision, Sabri has the right to go to the courts for Judicial Review. The Minister’s procrastination is seriously affecting Sabri’s recognized rights in Malaysia.

Right from the very beginning, Sabri had always applied for Special Passes so that he can pursue his rights in Malaysia utilizing all available avenues of redress, including his claim of wrongful dismissal seeking reinstatement. Sadly, all Special Passes have been issued for the purpose of making arrangements to leave Malaysia, which is very wrong.

In the High Court case, Sabri did apply for an ex-parte interlocutory injunction on an urgent basis, for in essence for a Court Order now that will enable him to stay legally in Malaysia until his quest for justice is over. However, on 23/8/2022, the High Court in Tawau dismissed the said application, and have fixed dates for case management.

In court, the Judge allegedly said that Sabri could always leave Malaysia and then re-enter whenever required. This is absurd as Sabri is not a rich man, but a migrant worker who was earning minimum wage of about RM1,200 until March2022, and who have had no income since April 2022. As an example, the cost of the cheapest flight from Tawau to Jakarta (Indonesia) is RM1,255 taking 10 hours, and this makes it near impossible for any migrant worker or poor foreigner to be able to go and return when needed for their cases. In Sabri’s case, going back to his home town in Indonesia will take more than 2 days travel, involving travel by ferry then ship then road transport costing about RM800 or more. 

We have been informed that Sabri is contemplating appealing to the Court of Appeal with regard the High Court decision of 23/8/2022.

Rights in law is useless if victimized migrants are deported out of Malaysia speedily

Malaysia should not just have good laws to protect migrant workers, but must put in place a system that allows migrant workers to legally stay to be able pursue their rights/claims/complaints against employer or others, when it only can be done through departments, commissions and courts in Malaysia. No migrant worker should be repatriated or deported back to his country of origin before all his rightful claims and/or complaints are dealt with in Malaysia. Such matters ought to be dealt fast, and arrangements ought to be made that migrant workers’ stay is allowed – better still the ability to work and earn legally until all claims/complaints are dealt with.

No migrant worker must be denied the ability to pursue their claims, including monies still owing by employers, before they are repatriated or deported back to their country of origin. It is best that Immigration Department, before repatriation, gets a Certificate from the Ministry of Human Resources confirming that there is no outstanding or potential worker claims against the employer, a Certificate from the police confirming the migrant worker is not a victim of crime or needed as a witness against suspected criminals, and a Certificate from Court confirming that there are no outstanding cases.

Sabri Umar has now the High Court case(TWU-21NCvC-5/8-2022 (HC)), his claim for reinstatement that will be soon at the Industrial Court and SUHAKAM(Malaysian Human Rights Commission) will soon decide on the Public Inquiry, and as such a repatriation back to Indonesia is likely to seriously jeopardize his cases and complaints, if not end them, for Sabri is but a poor man.

Will Malaysia, a member of the UN Human Rights Council, allow Sabri to legally remain in Malaysia, and maybe even work, until all his current and future efforts to get justice and human rights ends?

A court order to stay better than monthly Special Pass at the discretion of Immigration Department

It would have been best if Sabri had obtained a court order allowing him to stay in Malaysia until all his cases, complaints, inquiries and public inquiries are finally decided, with all the perpetrators responsible for the rights violations being held accountable, and the victim adequately compensated.

It must be noted that in the past Courts have ordered that migrant workers pursuing claims at courts to remain in Malaysia until the case is determined. One example is the case of Rajakannu Boopathy and 39 Indian migrant workers, who was pursuing their claims at the Labour Court, and thereafter clams at the High Court. The Court not only ordered them to stay, but also ordered  that their monthly Special Pass be issued gratis or without any requirement of payment.

On 24/8/2022, Sabri managed to get a one month Special Pass that will expire on 21/9/2022. Sabri is still in a precarious position, as there is yet any assurance or guarantee from Malaysia or Sabah that he will be allowed to legally stay until his claims, complaints and cases are finally determined.

A court order would have relieved Sabri of uncertainties and worries as to whether he can legally remain in Malaysia to pursue his rights. On the other hand, Special Passes issued by Immigration is most precarious as one never knows whether Immigration will continue issuing these monthly Special Pass, or will at any time in the future suddenly deny him a new Special Pass, whereby he may be subjected to immediate arrest and deportation.

Strange development on his claim for reinstatement

In Malaysia, the first stage will be an attempt at ‘conciliation’, where the employer may agree to reinstate OR some settlement is reached between worker and employer. If conciliation fails, the matter is referred to the Industrial Court. In Sabri’s case, conciliation happened on 29/4/2022, and the employer did not want to reinstate or offer any settlement in lieu of reinstatement, and thus the matter was to be referred to the Industrial Court, and this was the state of affairs communicated to Sabri’s union until about almost 4 months.

Suddenly, the matter was referred back to the Industrial Relations Department for another attempt of conciliation, and this happened on 6/9/2022 and resulted in no conciliation. The matter again will now be referred to the Industrial Court. 5 months have elapsed since the alleged wrongful dismissal, and the fact the case has yet to reach Industrial Court is shocking.

A claim for reinstatement for a migrant worker should have been quickly referred to the Industrial Court, and the case should have been speedily heard and disposed off. Unlike a local worker, who have the ability to work and earn an income, the migrant worker generally are not allowed to legally work and earn. As such migrant worker claims for reinstatement ought to be speedily heard and decided, within 2 months or lesser by the Industrial Court.

In Indonesia, where in such wrongful dismissal cases, employers are required to continue paying salaries and workers are required to continue to work until the courts finally decides on whether it is a wrongful dismissal or not. in Malaysia the probably wrongfully dismissed worker is expected to ‘suffer’ the loss of employment and income whilst the court decides, while the employer carries on with business as usual. Hence, cases are delayed sometimes for years at the detriment of the worker.

Sabri Umar’s claim for reinstatement should have rightly be at the Industrial Court at the beginning of May 2022, as conciliation failed on 29/4/2022. The case could have already heard and decided in 2 months. Now, the reference to the Industrial Court been delayed suspiciously. 

Is Malaysia attempting to deter Sabri’s pursuit for justice?

Is Malaysia attempting to deter Sabri’s pursuit for justice, noting that he was a documented migrant worker wrongly charged, convicted, imprisoned, whipped all by reason of the actions/omissions on the part of the Immigration Department, Police, Public Prosecutors, Officers of the Tawau Sessions Court who allegedly ‘green lighted’ the whipping by telling the Prison that there were no pending appeals? Malaysia should now officially guarantee that Sabri Umar be allowed to stay legally in Sabah or Malaysia until all his claims for justice is settled, and ensure that the Immigration Department continue to issue Sabri his Special Pass or some other permits/passes to allow legal stay.

Therefore, we

Call on Malaysia to step up in the interest of justice and GUARANTEE that Sabri Umar be allowed to remain legally in Malaysia, and better still work legally, until his cases and claims are finally determined. It is torturous and unjust to subject Sabri, a victim of rights violations, to the uncertainty every month as to whether the Immigration Department will give a new Special Pass or not;

Call on Malaysia to not cause the repatriation or deportation of migrant workers from Malaysia until convinced that there are no outstanding claims of worker rights and other rights, and that Malaysia facilitate the provision of board and lodging and speedy trials;

Call on Malaysia to follow the practice in Indonesia for cases of wrongful dismissals, whereby status quo is maintained where employers continue to provide work (or wages), and workers continue to work until the Court finally decides whether it is wrongful dismissal or not;

Call on Malaysia to stop actions/omissions that may deter Sabri Umar’s quest for justice, and ensure that there is real access to justice, not simply laws that provide good worker rights. All avenues of redress are in Malaysia. Only Malaysian Courts have the jurisdiction to determine claims of violation of rights and worker rights that happen in Malaysia. To repatriate a poor man back to the country of origin, who reasonably may not have the needed monies or resources to frequently travel back and forth to pursue justice must end.

Reiterate our call for SUHAKAM(Malaysian Human Rights Commission) to hold a Public Inquiry on Sabri’s case, as this decision needs a support of the majority of SUHAKAM Commissioners and a decision will be made in early October, whether there will be a Public Inquiry or not.

Charles Hector

Apolinar Z Tolentino, Jr.

 

For and on behalf of the 21 organizations listed below

ALIRAN

MADPET (Malaysians Against Death Penalty and Torture)

Building and Wood Workers International (BWI) Asia Pacific Region

WH4C (Workers Hub For Change)

Sabah Timber Industry Employees Union (STIEU)

All Arakan Students' and Youths' Congress (AASYC),Myanmar/Burma

Black Women for Wages for Housework

Center for Orang Asli Concerns (COAC)

Citizens Against Enforced Disappearances (CAGED)

Global Women’s Strike

Haiti Action Committee

Legal Action for Women, UK

Migrant Care, Indonesia

Network of Actions for Migrants in Malaysia (NAMM) 

North South Initiative(NSI)

Payday Men’s Network, UK/US

Persatuan Komuniti Prihatin Selangor & KL

Sarawak Dayak Iban Association, Sarawak, East Malaysia.

Saya Anak Bangsa Malaysia (SABM)

Singapore Anti Death Penalty Campaign (SADPC)

Women of Color-Global Women Strike,UK/US

SUHAKAM ‘dead’ with no HR Commissioners for 1 Month is unacceptable - 8 groups

# Statement reported by media:-

Appoint commissioners to ‘dead’ Suhakam now, govt urged FMT Reporters, May 27, 2022 

Has Suhakam ceased to function, with no new chair, commissioners?The Vibes, May 27, 2022

 

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

V Anbalagan

-

April 27, 2022 12:45 PM

Mah Weng Kwai says having no commissioners will affect advocacy work and maintaining the good standing of Suhakam.

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 commissioners complete two service terms

Published:  Apr 27, 2022 10:22 AM

⋅

Updated: 10:25 AM

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

Appoint commissioners to ‘dead’ Suhakam now, govt urged

FMT Reporters

-

May 27, 2022 8:44 AM

The term of the previous Suhakam commissioners expired on April 27.

PETALING JAYA: Eight NGOs have urged Putrajaya to appoint new Human Rights Commission of Malaysia (Suhakam) commissioners immediately, after a month of the commission being left “dead”.

In a joint statement, the groups said Suhakam cannot function without any commissioners, noting that the term of the previous members had expired on April 27.

They also questioned how Suhakam was reportedly conducting an investigation into rights violations against junior doctors in public hospitals when it did not have any commissioners to carry out such a probe.

“When there are no commissioners, as has been the case for the past month, Suhakam will not be able to do anything, including issuing statements, appointing and also providing directions to Suhakam employees.

“Noting its important role in the promotion and defence of human rights, it is an embarrassment for Suhakam to find itself in a comatose by reason of the government’s failure to ensure that Suhakam always had commissioners,” they said.

They urged for the right people to be appointed to Suhakam to ensure that the commission remained vocal and not “pro-government”, in order to uphold human rights in Malaysia.

The statement was signed 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, the Teoh Beng Hock Trust for Democracy, and Workers Hub For Change. - FMT, 27/5/2022

Has Suhakam ceased to function, with no new chair, commissioners?

NGOs alarmed by ‘comatose’ state of national human rights body

Updated 1 day ago · Published on 27 May 2022 8:37AM · 0 Comments

Suhakam was established by Parliament under the Human Rights Commission of Malaysia Act 1999, which was gazetted on September 9, 1999. – The Vibes file pic, May 27, 2022

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