Media Statement – 16/6/2025
No new SUHAKAM Commissioners as 2022-2025 Batch’s term ends on 22nd June – RISK to ongoing SUHAKAM Public Inquiry on Rights Violation by Prison Officers that resulted in 1 death
PM and government’s role in appointment, reappointment and removal of HR Commissioners need to be removed
The 3-year term of most SUHAKAM Commissioners of the 2022-2025 batch, that began on 22/6/2022, will end on or about 21/6/25, and this would include HR Commissioners Dato' Noor Aziah Binti Mohd Awal, Datuk Mariati Robert, Datuk Mohamad Nordin Bin Ibrahim, Ragunath Kesavan, Dr. Chew Chee Ming, Madam Nazira Binti Abdul Rahim and Dato' Hasnal Rezua Merican Bin Habib Merican.
Only the Datuk Seri Mohd Hishamudin Yunus (the Chairman who was appointed on 3/7/2024), YM Tengku Mohamed Fauzi Bin Tengku Abdul Hamid (the Vice Chairman) and Dr. Farah Nini Binti Dusuki (the Children’s Commissioner appointed on 8/3/2023) will remain HR Commissioners after the said date.
MADPET (Malaysians Against Death Penalty and Torture) is concerned that the names of HR Commissioners for the term 2025-2028 is not yet announced, and hopes that suitable persons committed to Human Rights will be announced forthwith to prevent a SUHAKAM with insufficient HR Commissioners. We do not want a recurrence of 2022, where SUHAKAM had no Chairman and Commissioners after the term of the Chairman and Commissioners ended on April 27 – the new Commissioners were appointed more than 2 months later on 22/6/2025. (Vibes 27/5/2022)
We note that former SUHAKAM Chair Tan Sri Razali Ismail has resigned as Human Rights Commission of Malaysia chairman 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.’(NST, 16/4/2019). The action was to raise the point to ensure that at no time SUHAKAM should National Human Rights Institution end up with no HR Commissioners, and possibly the need of overlaps to ensure more efficient transfer of obligations amongst Commissioners.
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 where SUHAKAM does not have Commissioners, and it also allows for effective hand-over of jobs and experience.
This time, we are fortunate that 3 SUHAKAM Commissioners remain when 7 Commissioners end their term in a few days, as 3 were appointed later.
No more active politicians as SUHAKAM Commissioners
It is good that by way of amendment that came into force on 10/7/2024, 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, Dato’ Hasnal Rezua Merican and Puan Nazira binti Abdul Rahim as SUHAKAM Commissioners (2022-2025). Whilst remaining Commissioner, Hasnal Rezua Merican, also contested in a by-election as a party candidate, lost the elections and all the while continued functioning as a SUHAKAM Commissioner. Calls for the 2 to resign or be removed as Commissioners began since their appointment. MADPET sadly notes, that even after the amendment to the SUHAKAM Act, the 2 failed to honorably tender their resignation.
MADPET calls for Hasnal Rezua Merican and Puan Nazira binti Abdul Rahim to definitely NOT be reappointed as SUHAKAM Commissioners,
SUHAKAM – Independent of Government, Removal of PM’s power in appointment, reappointment, and removal of Commissioners
Noting the government is often the alleged perpetrator of human rights violations, MADPET verily believes that the government, especially the Prime Minister and the Executive arm of government best not be involved in the selecting and appointment, reappointment and/or removal of HR Commissioners, and also the members of 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 5 person 11A committee now comprise of ‘(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 3 years, but they are ‘…eligible for reappointment once for another period of three years…’. MADPET believes that this is an unhealthy provision, as it may cause some SUHAKAM Commissioners to compromise their roles as HR Commissioners, simply not to ‘anger’ the Prime Minister so as not to jeopardize their re-appointments as SUHAKAM Commissioners for another 3 years.
Will the HR Commissioners Dato' Noor Aziah Binti Mohd Awal, Datuk Mariati Robert, Datuk Mohamad Nordin Bin Ibrahim, Ragunath Kesavan and Dr. Chew Chee Ming be reappointed for another 3-year term? Will some which Prime Minister Anwar Ibrahim is happy with be re-appointed, and others not?
MADPET is of the opinion that the ACT be amended, and the terms of office of SUHAKAM Commissioners be increased from 3 years to 6 years, and there should be no possibility for any re-appointment or extension of term, for this will strengthen the Independence of HR Commissioners, who is 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 and/or the government must be removed, and 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 at most times, the alleged perpetrators are public officers, under the different Ministers of the Prime Minister’s Cabinet. The current Public Inquiry being conducted by SUHAKAM is also about possible violations of human rights by public officers, this time prison officers who are under the Home Minister.
PUBLIC INQUIRY at risk if Commissioner Mariati Robert not reappointed
SUHAKAM just started a Public Inquiry into alleged human rights violations in connection with an incident that took place on Jan 17 at Taiping Prison, Perak, which led to the death of an inmate. The first phase of the inquiry which ran for 4 days ended on June 12. The second phase of the inquiry will be held from June 23 to 26. The inquiry panel comprises SUHAKAM chairman Datuk Seri Hishamudin Yunus and two commissioners, Datuk Mariati Robert and Dr Farah Nini Dusuki.
Given that Mariati Robert term ends on 22/6/2025, the Public Inquiry is at risk if Mariati Robert is not reappointed for another 3-year term. If not, the Public Inquiry may have to start again, as all 3 Commissioners need to hear and consider all evidence and make a decision independently.
MADPET prays for the correct HR Commissioners to be appointed, ones that are truly committed to upholding human rights – not fearful of antagonizing 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 human rights of the people.
It may also be better if the public, even Parliament, are involved in the process of choosing SUHAKAM Commissioners. Now, suddenly we see a notification by the Prime Minister that these are the new SUHAKAM Commissioners and when their term begins. Greater public participation should be considered.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
See some relevant/earlier posts and LINKS
Need for those who do not fear government to be SUHAKAM Commissioners. Law passed active politicians no can be HR Commissioners
Has Suhakam ceased to function, with no new chair, commissioners?
NGOs alarmed by ‘comatose’ state of national human rights body
Published on 27 May 2022 8:37AM
KUALA LUMPUR – Eight non-governmental organisations have raised extreme concern that the Malaysian Human Rights Commission (Suhakam) has “ceased to function”, with the term of office of the previous chairman and commissioners ending April 27 and no replacements being made to date.
Stressing that they are perturbed over the matter, they said that without any human rights commissioners, Suhakam cannot play the vital role it has been playing in Malaysia.
“They can make no Suhakam statements, recommendations to the government or even hold public inquiries. Human rights suffer,” they said.
“Noting the important role that Suhakam has been playing in Malaysia in terms of the promotion and defence of human rights, it is an embarrassment for Suhakam to find itself in a comatose stage by reason of a failure of the government to ensure that Suhakam always have commissioners.”
The statement today was undersigned by Aliran, Malaysians Against Death Penalty and Torture, Greenpeace Malaysia, International Women’s Rights Action Watch Asia Pacific, Network of Action for Migrants in Malaysia, Saya Anak Bangsa Malaysia, Teoh Beng Hock Trust for Democracy, and Workers Hub For Change.
The NGOs noted a report earlier this month that Suhakam is conducting an investigation into alleged human rights violations against junior doctors at public hospitals in Malaysia.
They said this raises a fundamental question as to how Suhakam, with no commissioners at present, can even make such a statement.
They stressed that Suhakam employees reasonably cannot act on their own if and when there are no commissioners.
“Suhakam is a statutory body created by reason of the Human Rights Commission Of Malaysia Act 1999, and the commission is made up of the appointed HR commissioners, appointed for a three-year term,” they said in the statement.
“When there are no Commissioners, as had been the case for the past month, Suhakam ceases to function, and will not be able to do anything including issuing statements, appointing and also providing directions to Suhakam’s staff/employees.”
The NGOs pointed out that the process of identifying and selecting new Suhakam commissioners began in October 2021.
They noted the failure to appoint a new chairman and commissioners on or before the end of the term of previous commissioners on April 27 this year.
“We hope that the members of the commission appointed by the Yang di-Pertuan Agong on the recommendation of the prime minister are done without any more delay.”
“The choice of the future chairperson and Suhakam commissioners is crucial, for that determines the future functioning and effectiveness of the national human rights institution,” they said.
A check on Suhakam’s website early this morning showed that the names of Tan Sri Othman Hashim whose term as chairperson lapsed last month, as well as the names of all the immediate former commssioners, are still on the portal.
Former commissioner Mah Weng Kwai was reported by Free Malaysia Today last month as saying that a selection committee had met on April 25, and the process of choosing and appointing the new commssioners would take some time.
Caution against ‘pro-government’ commissioners
Suhakam was established by Parliament under the Human Rights Commission of Malaysia Act 1999, which was gazetted on September 9, 1999. Its inaugural meeting was held on April 24, 2000.
The NGOs said that Suhakam’s effectiveness was not so evident since its inception, but this changed after Tan Sri Hasmy Agam (2010-2016) was appointed chairman, followed by Tan Sri Razali Ismail (2016-2019).
“The number of commissioners who will act without fear or favour for human rights in Suhakam is crucial, for all decisions of Suhakam require consensus, failing which the decision by a two-thirds majority of the members present at meetings shall be required,” they said.
“If the wrong kinds of commissioners are appointed, we may end up with a less vocal, possibly ‘pro-government’ Suhakam who may be disinclined to speak up when required or even hold public inquiries, more so when the alleged perpetrators may be (the) state or state officers.”
“The days when Suhakam was effectively an independent organisation which investigates complaints for the violation of human rights may come to an end,” they warned.
With wrong appointments, there may be no more public inquiries on matters of human rights, like that on disappearances of Joshua Hilmy, Ruth Sitepu, pastor Raymond Koh and Amri Che Mat, they added.
They also cited the public inquiries into the incidents during and after the public assembly of April 28, 2012; into the infringement of human rights, including the use of excessive force prior to and during the assembly on July 9, 2011; into the arrest and detention of five lawyers of the Kuala Lumpur Legal Aid Centre on May 7, 2009; into the allegation of excessive use of force by law enforcement personnel during the incident of May 27, 2008 at Persiaran Bandar Mahkota in Cheras; and inquiries into deaths in custody. – The Vibes, May 27, 2022
Razali quits as Suhakam chairman
KUALA LUMPUR: TAN Sri Razali Ismail has resigned as Human Rights Commission of Malaysia (Suhakam) chairman.
His resignation comes two weeks before his tenure was supposed to end.
Razali, who had helmed the position since 2016, was supposed to have completed his term on April 27.
He said he had informed the commission of his decision, and had submitted his resignation letter to Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah as well as Prime Minister Tun Dr Mahathir Mohamad.
Speaking to Malaysiakini, he said his early resignation was to give more time for Suhakam to receive a new chairman.
“I have done three years (at Suhakam). I think I did a pretty credible job and I (now) want to do more than advocacy.
“Doing things like human rights, it’s an advocacy job and it is enough after a while. It continues to be what it is, advocacy. It doesn’t make a big difference on the ground,” he was quoted as saying.
Razali began his career with the Foreign Ministry in 1962, and served in the diplomatic corps in Malaysian missions in India, Vientiane (Laos), Poland, the United Kingdom and France.
In 1989 and 1990, he headed the Malaysian delegation to the United Nations, and at the same time, served as the chairman of the United Nations Security Council.
From 1996 to 1997, he served as president of the United Nations General Assembly. NST, 16/4/2019
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