Media Statement – 10/9/2023
SUHAKAM Commissioners must resign or be removed for failure to investigate into complaint lodged against Chairman, and for later referral of the complaint to be dealt by the Prime Minister’s Department
National Human Rights Institution must be independent, and be seen to be independent especially from the State
SUHAKAM is Malaysia’s National Human Rights Institution, and it must always be independent and be seen to be independent, especially from the government, but when the Human Rights Commission decided to not inquire and decide on a complaint lodged with SUHAKAM alleging, amongst others, racial discrimination and abuse of power by a fellow Commissioner, and later to refer to it to the legal affairs division of the Prime Minister's Department, this impacted the perception of independence of SUHAKAM, which may also well be considered a failure of duties of SUHAKAM commissioners. After being appointed by the King (Yang Di-Pertuan Agung), like Judges, SUHAKAM Commissioners must be independent, and committed to the protection and promotion of human rights.
By asking a division in the Prime Minister to deal with the inquiry of a complain submitted to SUHAKAM, it may give the wrong impression that SUHAKAM is under a division in the Prime Minister’s Department. With 8 Commissioners, the inquiry against even a fellow Commissioner should still be done by SUHAKAM.(Star, 24/6/2023)
As such, all SUHAKAM Commissioners, or those involved in the decision-making in not doing the inquiry and referring the complaint to the Prime Minister ought to resign, or even be removed to restore the credibility and independence of SUHAKAM.
Now, even the Human
Rights Commission Of Malaysia Act 1999(HRCM Act)’s grounds for disqualification/removal
as stated in Section 10, amongst others, that says that If any Commissioner had
‘…(ii) … misbehaved or has conducted
himself in such a manner as to bring disrepute to the Commission; or (iii)…
in conflict with his duties as a member
of the Commission.’,
In this case, firstly, they failed in their duty to duly investigate or do a public inquiry and decide on a complaint against fellow SUHAKAM Commissioner, and secondly, they elected to refer it to the Prime Minister’s Department asking for the ‘…allegations to be looked into by an independent body…’. This is totally absurd.
MADPET (Malaysians Against Death Penalty and Torture) is appalled at how the complaint to SUHAKAM regarding the serious allegation about human rights violations against the now immediate past Malaysia’s National Human Rights Institution (SUHAKAM)’s Chairman was dealt with.
Complaint Against SUHAKAM Chairman – racial discrimination, etc
In brief, in March 2023, a complaint was lodged by several complainants with SUHAKAM against the then SUHAKAM chairman Prof Datuk Dr Rahmat Mohamad alleging human rights violations like racial discrimination and abuse of power. Racial discrimination is a serious human rights violation, that is also specifically mentioned in the United Nations General Assembly’s Paris Principles (‘Principles Relating to the Status of National Human Rights Institutions’) that sets out the minimum standards that NHRIs must meet in order to be considered credible, independent and to operate effectively.
Then on 28 April 2023, the said the Chairman files a law suit against one of the complainants, a senior SUHAKAM staff alleging, amongst others, defamation. This, itself is conduct unbecoming of a SUHAKAM Commissioner.
Did a SUHAKAM Commissioner file the law suit in court to prevent SUHAKAM from inquiring into the complaint?
Section 12(2) of the Human Rights Commission Of Malaysia Act 1999(HRCM Act) states that ‘The Commission shall not inquire into any complaint relating to any allegation of the infringement of human rights which- (a) is the subject matter of any proceedings pending in any court, including any appeals; or (b) has been finally determined by any court.’
Can we then say that this SUHAKAM Commissioner had ‘… misbehaved or has conducted himself in such a manner as to bring disrepute to the Commission; or (iii) has acted in contravention of this Act and in conflict with his duties as a member of the Commission…’, which is also a ground for disqualification and removal as SUHAKAM Commissioner?
Then, on 16/6/2023, SUHAKAM comes out saying the Chairman will withdraw the suit. Has the suit been withdrawn yet? Should it not have been the Chairman himself that made this statement, and not SUHAKAM? In any event, there is no news about any withdrawal of the suit in court, and if he did, the withdrawal should be a withdrawal with no liberty to file afresh.
If the court action has already been withdrawn, then SUHAKAM is now free inquire and decide on the complaint against Chairman Rahmat Mohamad. SUHAKAM must therefore retract its decision to refer to Prime Minister’s Department, and do the inquiry themselves. Even if the Chairman resigns, an inquiry and decision must still be made and decided by SUHAKAM.
Then, on 24/6/2023, it is reported that ‘The Human Rights Commission of Malaysia (SUHAKAM) says it will refer matters related to allegations against its chairman to the legal affairs division of the Prime Minister's Department… the commission said it was imperative for such allegations to be looked into by an independent body…’(Star, 24/6/2023).
What did the government then do? The Minister’s appointment to another position was wrong.
It seems that no independent inquiry was done, and the complaint is yet to be dealt with. Was there a human rights violation or not remains an unanswered question.
What happens is the Minister appointed the sitting SUHAKAM Commissioner to another big position, possibly one that comes with remuneration on 23/8/2023, and Rahmat resigned on 31/8/2023. ‘…The Legal Affairs Division (BHEUU) of the Prime Minister's Department said Rahmat is now the Asian International Arbitration Centre (AIAC) Advisory Board chairman for 2023-2025 term, following an appointment made by the Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said on Aug 23…’(NST, 28/8/2023)
MADPET is of the position that it is wrong for the Minister or Government to appoint a sitting SUHAKAM Commissioner to another position, possibly one with allowances, remuneration or powers. It is different if the appointment comes long after he ceases to be a Commissioner, but it not the case here.
No sitting SUHAKAM Commissioners must be appointed to other positions by the government, as this affects the Independence of SUHAKAM and/or the said Commissioner. Noting that the State or State linked entities/persons may often be the alleged violators of human rights, such ‘appointment’ can be perceived as ‘bribes’ and may impact the perception of independence of Commissioners and SUHAKAM itself.
SUHAKAM’s independence and perception of independence from government is of paramount importance, as reasonably SUHAKAM will have to deal with all kinds of complaints of violations of human rights, where in many cases, the alleged perpetrator may be the government, government departments/agencies or officers, Government owned or linked companies, Ministers and even the Prime Minister.
Noting what has happened, MADPET calls for the immediate resignation of all SUHAKAM Commissioners, or alternatively that they be removed as SUHAKAM Commissioners.
MADPET notes that no individual Commissioner have to date come out publicly and stated his/her objection to the decision for SUHAKAM not to inquire into the complaint, and/or the decision to ask the legal affairs division of the Prime Minister's Department to deal with it vide an independent inquiry. No Commissioner have also come out publicly stating that he/she was not part of the decision-making process.
MADPET calls for Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said to apologize, explain her actions that undermined the independence of a SUHAKAM Commissioner, and to immediately revoke the 23/8/2023 appointment of the sitting SUHAKAM Commissioner as the Asian International Arbitration Centre (AIAC) Advisory Board chairman. This is important to affirm the Malaysian government’s acknowledgement that SUHAKAM is a truly an independent National Human Rights Institution, which the people can rely on.
As the former SUHAKAM’s Chairman’s case has allegedly been withdrawn, MADPET calls for SUHAKAM to conduct an immediate investigation/inquiry and make a decision on the complaint made against the then SUHAKAM Chairman. A resignation does erase the fact that there was a complaint about human rights violation. A human rights complaint to SUHAKAM must always be investigated and decided by SUHAKAM.
Not dealing with a complaint/petition to SUHAKAM is bad, and it may affect people’s perception about the independence and commitment of SUHAKAM to Human Rights. We do not want to give the impression that certain complaints of human rights violations especially when the alleged HR violators are SUHAKAM Commissioners/staff, Government or government-linked entities/persons may simply not be independently investigated/inquired and decided by SUHAKAM.
SUHAKAM is and never should be or be seen as a defender of government actions or omissions that are rights violations. Neither is SUHAKAM a government’s representative or apologists. SUHAKAM is a National Human Rights Institution that defends and promotes human rights, and who is also brave to speak out even against the government, the Prime Minister, Minister, government-linked entities/persons or anyone when their actions violate human rights.
MADPET calls on SUHAKAM and its Commissioners to always ensure their independence and perception of independence, and to always defend and promote human rights without fear or favour.
Charles Hector
For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)
Extract from the Act
10 Disqualification (HUMAN RIGHTS COMMISSION OF MALAYSIA ACT 1999)
A member of the Commission may be removed from office by the Yang di-Pertuan Agong if-
12 Commission may inquire on own motion or on complaint(a) the member is adjudged insolvent by a court of competent jurisdiction;
(b) the Yang di-Pertuan Agong, after consulting a medical officer or a registered medical practitioner, is of the opinion that the member is physically or mentally incapable of continuing his office;
(c) the member absents himself from three consecutive meetings of the Commission without obtaining leave of the Commission or, in the case of the Chairman, without leave of the Minister;
(d) the Yang di-Pertuan Agong, on the recommendation of the Prime Minister, is of the opinion that the member-
(i) has engaged in any paid office or employment which conflicts with his duties as a member of the Commission;
(ii) has misbehaved or has conducted himself in such a manner as to bring disrepute to the Commission; or
(iii) has acted in contravention of this Act and in conflict with his duties as a member of the Commission.
(1) The Commission may, on its own motion or on a complaint made to it by an aggrieved person or group of persons or a person acting on behalf of an aggrieved person or a group of persons, inquire into an allegation of the infringement of the human rights of such person or group of persons.
(2) The Commission shall not inquire into any complaint relating to any allegation of the infringement of human rights which-
(a) is the subject matter of any proceedings pending in any court, including any appeals; or
(b) has been finally determined by any court.
(3) If the Commission inquires into an allegation under subsection 12(1) and during the pendency of such inquiry the allegation becomes the subject matter of any proceedings in any court, the Commission shall immediately cease to do the inquiry.
Allegations against Suhakam chief referred to PM Dept's legal division
By SYED UMAR ARIFF Nation
Saturday, 24 Jun 2023 7:55 PM MYT
PETALING JAYA: The Human Rights Commission of Malaysia (Suhakam) says it will refer matters related to allegations against its chairman to the legal affairs division of the Prime Minister's Department.
In a statement on Saturday (June 24), the commission said it was imperative for such allegations to be looked into by an independent body.
It was reported last week that Suhakam chairman Prof Datuk Dr Rahmat Mohamad had filed a lawsuit against a staff member who had accused him of power abuse.
However, the suit was dropped in favour of an independent internal investigation.
"Therefore, Suhakam has decided to refer this matter to the Legal Affairs Division of the PM's Department for advice and direction to ensure the inquiry remains transparent and independent.
"We stand by our commitment to ensure an independent inquiry shall be conducted to preserve the trust and confidence of the public," it said. - Star, 24/6/2023
Suhakam chairman to withdraw lawsuit against employee
by RADZI RAZAK / pic BERNAMA
THE Malaysia Human Rights Commission (Suhakam) today announced chairman Prof Datuk Dr Rahmat Mohamad (picture) will withdraw a defamation suit against the commission’s own senior officer in light of some complaints being highlighted in the media.
The Commission said the lawsuit, which was filed on April 28, was not a result of a complaint by the said senior Suhakam staff, but was a result of a defamation that was communicated before the official complaint was filed.
The lawsuit was brought into contention by human rights group Suara Rakyat Malaysia (Suaram) which held its press conference earlier today, criticising Rahmat and Suhakam for foregoing internal complaints with external civil action against their own employee.
The commission also takes note and thanks Suaram and the media for exposing the allegations of internal repression that took place at Suhakam.
“The commission was informed that the chairman will withdraw the defamation suit case that has been filed and will give way to an independent internal investigation that will not implicate any member of the commission.
“All accusations and complaints that have been disclosed to the media will be investigated regardless of whether they involve members of the commission or Suhakam staff,” said the commission in a statement today.
Suhakam also promised to conduct an internal audit for its internal mechanism as well as place an integrity officer from the Malaysian Anti-Corruption Commission (MACC) to facilitate the matter.
In expressing its commitment to combating all forms of racism and ensuring that the commission, as a national human rights institution, is free from racism, Suhakam will also expedite the internal policy regarding office discrimination, sexual harassment, whistleblower and racism within 30 days from today.
“The commission also hopes that no party politicises this issue and gives focus to the agenda in strengthening human rights in Malaysia,” said the statement. - Malaysian Reserve, 16/6/2023
Suhakam chairman to withdraw defamation suit against staff member
Human rights commission to launch an internal investigation after allegations of abuse of power surface.
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PETALING JAYA: The Human Rights Commission of Malaysia (Suhakam) says its chairman, Rahmat Mohamad, will withdraw a defamation suit he filed against his own staff member last month.
In a joint statement issued by the commissioners, Suhakam said the suit was being dropped to facilitate an independent internal investigation that does not involve any members of the commission.
“All allegations brought to the attention of the media will be investigated regardless of whether they involve members of the commission or Suhakam staff,” they said.
Suhakam said it will conduct an internal audit and ask the Malaysian Anti-Corruption Commission if it will assign an integrity officer to Suhakam.
“The commission acknowledges the importance of mechanisms for resolving internal issues within Suhakam,” it said.
Suhakam added that internal policies covering discrimination, sexual harassment, whistle-blowers and racism will be expedited within 30 days.
Earlier today, rights group Suaram raised concerns about the defamation suit.
Rahmat began the lawsuit after the staff member alleged he had abused his powers to influence a Suhakam hiring panel to favour a specific candidate for the position of chief assistant secretary.
The staff member had reportedly lodged an official internal complaint against Rahmat in April, which resulted in the lawsuit.
Suhakam also faced scrutiny after Seputeh MP Teresa Kok, on Wednesday, said the human rights commission had been “silent” on abuse of power by enforcement agencies.
Kok said that aside from its commissioners being relatively
unknown to the public, Suhakam also appeared to be “quieter” than
before. - FMT, 16/6/2023
Rahmat resigns as Suhakam chairman
PUTRAJAYA: Prof Datuk Rahmat Mohamad is resigning from his post as the Human Rights Commission of Malaysia (Suhakam) chairman effective Thursday (Aug 31).
The Legal Affairs Division (BHEUU) of the Prime Minister's Department in a statement said Rahmat was appointed to lead the commission for the 2022-2025 term.
"He carried out various initiatives including the success of the 2020 Suhakam annual report and financial statement in Dewan Rakyat on June 12 to 14," read the statement.
According to the statement, the government would appoint an interim chairman soonest to ensure Suhakam's governance proceeds smoothly during this transition phase, until a new chairman is appointed by the Yang di-Pertuan Agong.
The division said Rahmat is now the Asian International Arbitration Centre (AIAC) Advisory Board chairman for 2023-2025 term, following an appointment made by the Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said on Aug 23.
"The appointment is in line with his background in the field of
international legislation and his experience as the fifth
secretary-general of the Asian-African Legal Consultative Organisation
(AALCO)." - NST, 28/8/2023
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