The three-year term of most Suhakam commissioners of the 2022-25 batch, that began on 22 June 2022, will end on or about 21 June 2025.
This would include human rights commissioners Noor Aziah Mohd Awal, Mariati Robert, Mohamad Nordin Ibrahim, Ragunath Kesavan, Dr Chew Chee Ming, Nazira Abdul Rahim and Hasnal Rezua Merican Habib Merican.
Only Mohd Hishamudin Yunus (the chairperson who was appointed on 3 July 2024), Tengku Mohamed Fauzi Abdul Hamid (the vice-chairperson) and Dr Farah Nini Dusuki (the children’s commissioner appointed on 8 March 2023) will remain commissioners after the said date.
Malaysians Against Death Penalty and Torture (Madpet) is concerned that the names of human rights commissioners for the term 2025-28 have not yet been announced. We hope that suitable individuals committed to human rights will be announced immediately to prevent a Suhakam with insufficient commissioners.
We do not want a recurrence of 2022, when Suhakam had no chairperson and commissioners after the term of then chairperson and commissioners ended on 27 April. The new commissioners were appointed more than two months later on 22 June 2022 (The Vibes, 27 May 2022).
We note that former Suhakam chairperson Razali Ismail resigned as Suhakam chairperson two weeks before his tenure was supposed to end so that “his early resignation was to give more time for Suhakam to receive a new chairman” (New Straits Times, 16 April 2019).
The action was to raise the point to ensure that at no time would Suhakam end up with no commissioners, and possibly the need of overlap to ensure more efficient transfer of obligations amongst commissioners.
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Madpet believes that since the Human Rights Commission Of Malaysia Act 1999 in Section 5(1) states that “The Commission shall consist of not less than seven and not more than twenty members”, it may be best the commissioners are appointed in batches, so that there will no time when Suhakam does not have commissioners. It would also allow for the effective handover of jobs and experience.
This time, we are fortunate that three Suhakam commissioners remain when seven Commissioners end their term in a few days, as three were appointed later.
No more active politicians
It is good that through an amendment that came into force on 10 July 2024, we now have new Section 5(3B) which states:
Any person who is actively involved in politics and registered with any political party shall not be appointed as a member of the Commission.
This was a problem when active politicians, Hasnal Rezua Merican and Nazira Abdul Rahim, were Suhakam commissioners (2022-25). While remaining commissioner, Hasnal Rezua Merican also contested in a by-election as a party candidate, lost the election and all the while continued functioning as a Suhakam commissioner.
Calls for the two to resign or be removed as commissioners began since their appointment.
Madpet sadly notes, that even after the amendment to the Suhakam Act, the two failed to honourably tender their resignations.
Madpet calls for Hasnal Rezua Merican and Nazira Abdul Rahim to definitely not be reappointed as Suhakam commissioners.
Independent body – remove PM’s powers
Noting the government is often the alleged perpetrator of human rights violations, Madpet believes the government, especially the prime minister and the executive arm of government, had best not be involved in the selection, appointment, reappointment or removal of human rights commissioners and members of the Section 11A committee that makes recommendations on appointments.
Section 5(2):
The members of the commission shall be appointed by the Yang di-Pertuan Agong on the recommendation of the Prime Minister who shall, before tendering his advice, consult the committee referred to in section 11A.
This five-person Section 11A committee now comprises
(c) three other members of civil society who have knowledge of or practical experience in human rights matters, to be appointed by the Prime Minister.
Section 5(6) also states:
- a) by the Prime Minister before tendering his advice to the Yang di-Pertuan Agong for the reappointment of any member of the Commission…
A Suhakam commissioner’s term is for three years, but they are “eligible for reappointment once for another period of three years”.
Madpet believes this is an unhealthy provision, as it may cause some Suhakam commissioners to compromise their roles as human rights commissioners simply by not ‘angering’ the prime minister Prime Minister so as not to jeopardise their reappointments as Suhakam commissioners for another three years.
Will the human rights commissioners Noor Aziah Mohd Awal, Mariati Robert, Mohamad Nordin Ibrahim, Ragunath Kesavan and Dr Chew Chee Ming be reappointed for another three-year term? Will some whom Prime Minister Anwar Ibrahim is happy with be reappointed and others not?
Madpet believes that the act should be amended, and the terms of office of Suhakam commissioners be increased from three years to six years. There should be no possibility for any reappointment or extension of term. This will strengthen the independence of the commissioners, who are expected to act without fear or favour for human rights. They should not be afraid of angering the prime minister or the government of the day.
Madpet also calls for the role of the prime minister or the government to be removed and [Suhakam] possibly be placed under Parliament or some other independent body.
A national human rights institution like Suhakam is not a government department or agency, and should never be placed under any minister or prime minister.
It must be independent of the government, as one of the reasons is that, most times, the alleged perpetrators are public officers, under the different ministers of the prime minister’s cabinet.
The current public inquiry conducted by Suhakam is also about possible violations of human rights by public officers, this time prison officers who are under the home minister.
Inquiry at risk
Suhakam just started a public inquiry into alleged human rights violations in connection with an incident that took place on 17 January at Taiping Prison, Perak, which led to the death of an inmate.
The first phase of the inquiry, which ran for four days, ended on 12 June.
The second phase of the inquiry is being held on 23-26 June. The inquiry panel comprises Suhakam chairperson Hishamudin Yunus and two commissioners, Mariati Robert and Dr Farah Nini Dusuki.
Given that Robert’s term ends on 22 June, the public inquiry is at risk if Robert is not reappointed for another three-year term.
If not, the public inquiry may have to start again, as all three commissioners need to hear and consider all evidence and make a decision independently.
Madpet prays for the correct human rights commissioners to be appointed, ones who are truly committed to upholding human rights – not fearful of antagonising the prime minister or ministers when they, from a human rights perspective, cannot but speak out saying that the government is wrong or what it did was a violation of the human rights of the people.
It may also be better if the public, even Parliament, are involved in the process of choosing Suhakam commissioners. What we have now is a sudden notification by the prime minister of [the names of] new Suhakam commissioners and when their term begins.
Greater public participation should be considered.
Charles Hector issued this statement on behalf of Malaysians Against Death Penalty and Torture (Madpet).
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