CSO Platform for Reform congratulates the government for finally tabling the amendment to the SUHAKAM Act, but we see that the amendment does not have the depth needed to be implemented. The CSO Platform for Reform expresses deep concern over the latest developments regarding the amendment to the SUHAKAM Act presented by Minister Azalina Othman on 27 November 2023. The amendment to the SUHAKAM Act which entered the second reading on 29 November 2023 is a major amendment that gives SUHAKAM independence but unfortunately it looks too good to be true.
This is because the amendment made under Clause 2 that touches on the authority of SUHAKAM to carry out its function to visit any institutions and place, other than places of detention, according to the written law of the institution is completely meaningless because in the end the commissioners of SUHAKAM still need to adhere to the existing bureaucracy practices to conduct any visits.
CSO Platform for Reform feels that unannounced visits will be impossible to be carried out since the matter is not included in the amendment of the SUHAKAM Act. SUHAKAM commissioners should be given full freedom at any time to conduct unannounced visits to obtain clear evidence in the event of human rights violations anywhere.
In addition, CSO Platform for Reform welcomes the amendment of the appointment of commissioners that involve at least 30% representatives among women and one person with disability (PWD) commissioner. Nevertheless, CSO Platform for Reform feels that the method of selecting SUHAKAM commissioners is still the same, and firmly urges that SUHAKAM commissioners should be chosen based on their competence and extensive knowledge in human rights. We also insist that SUHAKAM commissioners need to be appointed full-time and not for a temporary period and the number of commissioners can be in the range of 7-9 people to maintain each other’s competency.
CSO Platform for Reform also welcomes the amendment under Section 5 of Act 597 which states that people who are actively involved in politics should not be appointed as members of the SUHAKAM Commission. Therefore, CSO Platform for Reform urges once again for Datuk Hasnal Rezua Merican Habib Merican and Puan Nazira Abdul Rahim to resign from their positions immediately as soon as this Act is enforced because it is proven that they are involved in one of the political parties in this country. CSO Platform for Reform also asserted that the SUHAKAM institution, which is an independent body from the government, should not be mixed with people who are actively involved in politics.
The CSO Platform for Reform welcomes the amendment of Section 13 Subsection 2 whereby the authority or the relevant person shall inform the Commission of any action taken by the authority or the relevant person in relation to the violation of human rights so that it guarantees the effectiveness of the said institution.
This amendment is important to ensure that the recommendations made by the SUHAKAM commissioners to get feedback from the authorities and those who have clearly taken an anti-human rights position in their previous positions; so that the issues can be resolved as soon as possible The CSO Platform for Reform emphasises that the notification aspect to the Commission must be accompanied by a time frame of 30 days so that it can avoid the problem of pending answers in the next five years.
Finally, CSO Platform for Reform urges SUHAKAM to focus on the element of transparency in SUHAKAM's organisation. SUHAKAM should play a role in promoting human rights to the community at large, and not abolish existing human rights.