Suhakam commissioners actively involved in politics must now resign or be removed

The Human Rights Commission of Malaysia (Amendment) Act 2024 finally came into force on 10 July.

Among other things, it introduces a new Section 5(3B): Any person who is actively involved in politics and registered with any political party shall not be appointed as a member of the commission.

The amendment bill has been passed in Parliament. It was passed in the House of Representatives on 29 November and the Senate on 2 April. It finally became law on 10 July.

Malaysians Against Death Penalty and Torture (Madpet) notes that the Human Rights Commission Act, even before the amendment, was already clear that active politicians ought not be appointed commissioners.

This principle was also stated in the act: members of the committee to be consulted with regard to appointment could not be “any person who is actively involved in politics and registered with any political party” [Section 11A(4)(a) of the act]. Anyhow, it is now clearly the law.

Madpet reiterates its call for Umno politicians, Hasnal Rezua Merican Habib Merican and any other active politicians who are still Suhakam commissioners to resign or be removed as Suhakam commissioners.

End of Hasnal and active politicians as Suhakam commissioners

Since 1 July 2022, when Selayang Umno chief Hasnal Rezua Merican and Kulim Umno women’s division chief Nazira Abd Rahim were appointed as Suhakam commissioners, there was an outcry from various quarters, including Madpet. But sadly, neither resigned nor was removed.

In November 2022, when the new government under Anwar Ibrahim came into power, sadly nothing was done with regard to the removal of these active politicians.

Then, came the Selangor state elections, when embarrassingly a sitting human rights commissioner, Hasnal Rezua Merican, without first resigning as commissioner, stood as a candidate under an Umno-Barisan Nasional ticket for the Kuang seat in Selangor on 12 August 2023 – and lost. Calls for his removal or resignation to date have failed. Hasnal Rezua Merican remains a Suhakam commissioner.

Even for government employees, they will resign their positions first before contesting any elections. Now, we had a sitting Suhakam commissioner who stood for elections as a candidate of a government party – and ended up being rejected by the people. He is still a Suhakam commissioner.

The BN chairperson, Zahid Hamidi, also the deputy PM and Umno president – after the nomination of Hasnal – said he had reviewed the matter with lawyers on nominating Hasnal: “There is not even one regulation which bars (the nomination)….”

Now, this ‘confusion’ is no longer there, after Parliament made it most clear that those actively involved in party politics should not become human rights commissioners.

Thus, there is no more justification for Hasnal Rezua Merican and any other such Suhakam commissioners to remain as commissioners.

Effective human rights commission needs right commissioners

To be effective in the promotion and defence of human rights, Suhakam needs the right people to be appointed as commissioners – those who are truly committed to human rights and who are not afraid of the state or government. It is a fact that many times the alleged perpetrators of many rights violations are the state and its officers.

New batch of commissioners found wanting

Comparatively, the present batch of Suhakam commissioners have been found wanting compared to previous commissioners.

Suhakam, since its formation in April 2000, had been perceived as “toothless”. But this changed after Hasmy Agam and his fellow commissioners were appointed in July 2010 as chairman and commissioners. This real Suhakam, a human rights institution that people can rely on, continued until the recent batch of commissioners was appointed in July 2022.

Will Hishamudin’s appointment return Suhakam to its past glory?

Madpet applauds the recent appointment of Mohd Hishamudin Md Yunus as Suhakam chairman with effect from 3 July.

Hishamudin was a member of the immediate past batch of Suhakam commissioners, which ensured that Suhakam was truly committed to upholding human rights and justice without fear or favour.

Hishamudin, a former judge as Suhakam commissioner, chaired the second public inquiry on enforced disappearance that found the Malaysian government and police ‘guilty’ of enforced disappearance – a “unanimous view that Joshua Hilmy and Ruth Sitepu are victims of enforced disappearance as defined in Article 2 of ICCPPED [the International Convention for the Protection of All Persons from Enforced Disappearance] and as well as defined in customary international law”.

It found that there was “acquiescence of the Royal Malaysian Police as the agent of the State followed by a refusal on the part of the Royal Malaysian Police to acknowledge the deprivation of their liberty, and such refusal to acknowledge has placed these two persons outside the protection of the law”.

In short, the failure of a speedy response and investigation by the police and the government makes them guilty of enforced disappearance, even if the actual person(s) that caused the ‘disappearance’ are not proven to be the police or agents of the state.

The earlier public inquiry chaired by Suhakam commissioner Mah Weng Kwai (a former judge) was “of the considered view that the enforced disappearance of Pastor Raymond Koh was carried out by agents of the State namely, the Special Branch, Bukit Aman, Kuala Lumpur, within the definition of the first limb under Article 2 of ICPPED”.

Suhakam commissioners who do not fear laying blame on government

We need strong Suhakam commissioners who do not fear laying blame on the government in situations of human rights violations.

For Suhakam to commence and conduct a public inquiry, there is a need for majority support from existing commissioners. Hence, the lack of good human rights commissioners who do not fear antagonising the government of the day is a problem.

Likewise for statements of Suhakam, noting that it is still possible for individual Suhakam commissioners to express their own views on human right at any time.

This new batch of Suhakam commissioners since July 2022 has been lacking when one peruses the number and contents of statements issued. There has not yet been a single public inquiry initiated or any investigation report issued.

In terms of even Suhakam’s annual report, there has been no published Suhakam reports for 2022 and 2023 yet.

Besides the appointment of Hishamudin as the chairman and the removal of active politicians as Suhakam commissioners, there is a need for the appointment of better Suhakam commissioners.

At present, the law provides for a maximum of 20 Suhakam commissioners, and with Hishamuddin, we now have 10. So there is room for the appointment of more commissioners in the quest to bring about a return of a real human rights commission that will act without fear or favour for human rights.

It is time also for Suhakam to be placed under Parliament, for it is foolhardy to harbour the belief that all prime ministers are committed to the promotion and defence of human rights.

Charles Hector issued this statement on behalf of Malaysians Against Death Penalty and Torture.

The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

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