Media Statement – 15/7/2024
Commissioners actively involved in politics must NOW resign or be removed as Human Rights Commissioners as the law is in force – Appoint more suitable Commissioners like Mohd Hishamudin Md Yunus
SUHAKAM Amendment Act in force since 10/7/2024 – those ‘actively involved in politics and registered with any political party’ cannot be HR Commissioners
Human Rights Commission of Malaysia (Amendment) Act 2024 finally came into force on 10/7/2024 (PU(B) 247/2024), which amongst others 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, whereby it was passed at the Dewan Rakyat on 29/11/2023 and the Senate on 2/4/2024, and it finally has become law on 10/7/2024.
MADPET (Malaysians Against Death Penalty and Torture) notes that the Human Rights Commission Act, even before the amendment, was already clear that active politicians ought not be appointed HR Commissioners, whereby this principle was also stated in the act, whereby members of the Committee to be consulted with regard to appointment could not be ‘…(a) 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 Bin Habib Merican and any other active politicians who are still SUHAKAM Commissioners to RESIGN or alternatively be removed as SUHAKAM Commissioners.
The END of Hasnal and active politicians as SUHAKAM Commissioners
Since 1/7/2022, when Selayang Umno chief Datuk Hasnal Rezua Merican Habib Merican and the Kulim Umno women’s division chief Nazira Bt Abd. Rahim were appointed as SUHAKAM Commissioners, there was an outcry from various quarters including MADPET but sadly neither did resign nor be removed.
In November 2022, when the new government under the premiership of Anwar Ibrahim can into power, nothing was sadly done with regard the removal of these active politicians.
Then, came the Selangor State elections, when embarrassingly a sitting HR Commissioner Hasnal Rezua Merican, without first resigning as Commissioner, stood as a candidate of UMNO-BN for the Kuang seat in Selangor on 12/8/2023, and lost. Calls for removal or resignation to date have failed. Hasnal Rezua Merican remains a SUHAKAM Commissioner to date.
Even when it comes to government employees, they will resign their position first before contesting for 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.
Then, the BN chairperson Ahmad Zahid Hamidi, also the Deputy Prime Minister and the 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) …’(NST, 3/8/2023).
Now, this ‘confusion’ is no longer there, after Parliament made it most clear that persons actively involved in party politics should not be Human Rights Commissioner.
Thus, there is no more justification for Hasnal Rezua Merican and any other such SUHAKAM Commissioners to remain as SUHAKAM Commissioner.
Effective HR Commission need the RIGHT Commissioners
To be effective in the promotion and defence of Human Rights, SUHAKAM needs the right persons to be appointed as Commissioners – those who are truly committed to Human Rights and is also not afraid of the State or government, noting that it is fact that many a times the alleged perpetrator of many rights violations is the State and/or its officers.
New batch HR Commissioners (since July 2022) found wanting
Comparatively, the present batch of SUHAKAM Commissioners have been found wanting compared to previous SUHAKAMs. SUHAKAM since formation in April 2000 was perceived as ‘toothless’ but this changed after Hasmy Agam and fellow Commissioners were appointed in July 2010 as Chairman and SUHAKAM Commissioners. This real SUHAKAM, a human rights institution that people can rely on, continues until the recent batch of Commissioners was appointed in July 2022.
Will Appointment of Mohd Hishamudin Md Yunus Return SUHAKAM to its past glory?
MADPET applauds the recent appointment of Mohd Hishamudin Md Yunus as the Chairman of Human Rights Commission Of Malaysia (SUHAKAM) with effect from 3/7/2024. (Malay Mail, 5/7/2024).
Hishamudin, a member in the immediate past batch of SUHAKAM Commissioners, which then ensured that SUHAKAM was truly committed to upholding human rights and justice without fear or favor.
Hishamudin, a former judge as SUHAKAM Commissioner, chaired the 2nd Public Inquiry on enforced disappearance that found the Malaysian government and police ‘guilty’ of enforced disappearance – ‘unanimous view that Joshua Hilmy and Ruth Sitepu are victims of enforced disappearance as defined in Article 2 of ICCPPED[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(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 defini�on of the first limb under Ar�cle 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 government in appropriate situations of human rights violations.
For SUHAKAM to commence and conduct a public inquiry, there is a need for majority support from existing Commissioners, and hence that lack of good HR Commissioners, who do not fear antagonizing 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 been yet not a single Public Inquiry initiated, or any Investigation Report issued. In terms, of even SUHAKAM’s annual report, there has been no published SUHAKAM report for 2022 and 2023 yet.
Besides the appointment of Mohd Hishamudin Md Yunus 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, and there is room for appointment more Commissioners in our quest to bring about a return of a real Human Rights Commission, who will act without fear or favour for human rights.
It is time also for SUHAKAM to be placed under Parliament, for it foolhardy to harbour the belief that all Prime Ministers are committed to the promotion and defence of human rights.
Charles Hector
For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)
HUMAN RIGHTS COMMISSION OF MALAYSIA (AMENDMENT) ACT 2024 In Force from: 10 July 2024 [PU(B) 247/2024] Gazetted Date: 27 June 2024
Mohd Hishamudin Md Yunus appointed new Suhakam chairman
PUTRAJAYA, July 5 — Datuk Seri Mohd Hishamudin Md Yunus has been appointed as chairman of the Human Rights Commission of Malaysian (Suhakam) for a three-year term effective last Wednesday (July 3).
Chief Secretary to the Government (KSN) Tan Sri Mohd Zuki Ali said the appointment was consented to by His Majesty Sultan Ibrahim King of Malaysia under subsection 5(2) of the Suhakam Act 1999 (Act 597).
Mohd Hishamudin, 75, replaces Professor Datuk Rahmat Mohamad, 64, who resigned last August 31. — Bernama, Malay Mail, 5/7/2024
Another government MP condemned Suhakam over its evident silence on the issue of preacher Firdaus Wong allegedly suggesting ways to secretly convert non-Muslim teenagers to Islam.
Hassan Abdul Karim (Harapan-Pasir Gudang) did not mince his words when he told the Dewan Rakyat today that Suhakam has kept mum on matters pertaining to racial discrimination as well as religious freedom in the country.
“My question is why isn’t there any response from Suhakam on this issue (involving Firdaus)? Suhakam is certainly more aware that religious freedom is the universal right of all Malaysians, whether they are Muslims or non-Muslims.
“I, as a Muslim, take this matter (regarding Firdaus’ remarks) seriously for the sake of national harmony.
“The actions of this individual (Firdaus) have caused concern and alarm among non-Muslims in Malaysia,” Hassan said.
He said this when debating on the motion towards the “Annual Report and Financial Statement of the Human Rights Commission of Malaysia (Suhakam) 2021-2022” in the lower house today.
The PKR veteran also asserted that it was Suhakam’s responsibility to speak up about all matters related to human rights.
‘Why the delay?’
Police are investigating Firdaus for incitement following a viral video in which he provided guidelines and instructions on how to secretly convert a non-Muslim child to Islam.
Firdaus is being probed under Section 505(c) of the Penal Code, which stipulates that making statements with intent to incite or likely to incite any class or community to commit any offence against another class or community is punishable upon conviction with imprisonment for up to two years, a fine, or both.
Three other parliamentarians - Che Mohamad Zulkifly Jusoh (PN-Besut), Tuan Ibrahim Tuan Man (PN–Kubang Kerian) and Cha Kee Chin (Harapan–Rasah) – concurred that Suhakam is unable to operate and function properly in the absence of a chairperson.
Tuan Ibrahim pointed out that all organisations require a leader and it’s high time for the government to appoint an individual to lead the commission.
Cha questioned when the appointment would be made since the position was left vacant for almost 10 months after its previous chair Rahmat Mohamad voluntarily resigned effective Aug 31.
“Why is there a delay? We want Suhakam to perform its functions properly, where there is a chairperson and commissioners in the organisation structure.
“We can’t possibly wait for a whole year to appoint (someone to the position,” the DAP lawmaker said.
Che Mohamad said the failure to immediately appoint an individual to helm the post can cause a delay in the commission’s decision-making process.
“I hope the appointment process will be expedited without outside interference,” he said.
Racism, abuse of power
Rahmat stepped down from the Suhakam chairperson position a little over two months after several allegations were made against him, ranging from racism to abuse of power.
He also came under heavy scrutiny after he was accused of bypassing certain internal procedures.
The sources who spoke to Malaysiakini then claimed that Rahmat appointed a special officer despite objections from Suhakam’s senior management based on the individual’s appraisal for a separate position within the commission.
However, Rahmat refuted the allegation, claiming that all decisions were made with the agreement of Suhakam commissioners and later communicated to the senior management.
Rahmat’s move to appoint a special officer had come
into question as the role was not provided under Suhakam’s
organisational chart. - Malaysiakini, 27/6/2024
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