Vacant seats at Suhakam: Why Malaysia's human rights body needs new commissioners fast with only three holding the fort now

Malay Mail

3 days ago

KUALA LUMPUR, July 25 — The dust may have settled on the vacancies in key judiciary posts, with new appointments announced swiftly just two weeks after the positions fell vacant.
However, the wait continues for the Human Rights Commission of Malaysia (Suhakam), which currently has only three active commissioners holding the fort.
The commission is now waiting for Prime Minister Datuk Seri Anwar Ibrahim to present the list of candidates to His Majesty Sultan Ibrahim, the King of Malaysia, for the appointments to be made.
Suhakam secretary Altaf Deviyati said an independent selection committee has already proposed the names to the prime minister. The national human rights body began experiencing a significant gap after seven commissioners completed their terms on June 21.
The three remaining commissioners include Suhakam's chairman Datuk Seri Mohd Hishamudin Yunus, vice-chairman Tengku Mohamed Fauzi Tengku Abdul Hamid and Chief Children Commissioner Dr Farah Nini Dusuki.
However, Tengku Mohamed Fauzi is also slated to complete his term next month, on August 24.
'The law does not provide for a specific timeline to fill the vacancies.
'In fact, it is worth recalling that when the previous chairman (Datuk Rahmat Mohamad) resigned (in August 2023), it took more than 10 months before the current chairman was appointed,' Altaf told Malay Mail, when contacted recently.
Suhakam's secretary Altaf Deviyati. — Picture by Shafwan Zaidon
How are Suhakam commissioners appointed?
Suhakam was established by the Parliament under the Human Rights Commission of Malaysia Act 1999.
It functions as an independent statutory body that reports directly to the Parliament. A Cabinet minister will usually table Suhakam's annual report and the Parliament decides if it should be debated.
Section 5(1) of the Act states that the commission shall consist of a maximum of twenty members (commissioners). However, according to Suhakam's website, the number of commissioners has been fewer than 10 since the 2010-2013 term.
In 2023, an amendment to the Act required Suhakam to have a minimum of seven commissioners. The amendment also introduced a new section 6A, which requires a Chief Children Commissioner and two Children Commissioners to be appointed to address human rights matters related to children.
Each commissioner will serve a three-year term and is eligible to be reappointed only once for another three years.
The Yang di-Pertuan Agong appoints the commissioners, based on the recommendations put forth by the prime minister. The King will also designate one of the commissioners as Suhakam's chairman.
However, the prime minister is required to consult a five-member committee (as stated in Section 11A) before tendering his advice to the King.
The five-member committee is chaired by the Chief Secretary to the Government and includes Suhakam's chairman and three other members of the civil society appointed by the prime minister.
The three civil society members may include former judges and past Suhakam commissioners, but cannot include individuals involved in active politics or serving as enforcement officers.
Section 5(5) of the Act also empowers the prime minister to assess the performance of Suhakam's commissioners, which will be taken into consideration when he advises the King to reappoint or remove a commissioner.
Why do the vacancies need to be filled urgently?
Altaf said a stretched workforce limits Suhakam's public engagement as the body requires a diverse pool of experts as commissioners to handle the various aspects of human rights.
Section 7(4) of the Human Rights Commission of Malaysia Act 1999 also requires Suhakam to make decisions by consensus, failing which it is required to be decided by a two-thirds majority of the existing commissioners.
The quorum required for all Suhakam meetings is also two-thirds of the existing commissioners.
While the vacancies do not hinder Suhakam's core functions such as conducting public inquiries, Altaf said that allowing the situation to prolong will not bode well for Suhakam's sustainability in the long run.
She added the current commissioners have also decided not to formulate any new policies until the new batch of commissioners arrive.
'This is by custom, because it's only fair to wait for the new commissioners to formulate policies (on human rights) for the government and take collective decisions on certain matters,' she said.
On a brighter note, Altaf expects to see more commissioners on board this term since the 2023 amendment requires Suhakam to have three full-time commissioners for children.
'To leave the vacancies unfilled too long won't be in the interest of the government, Suhakam or the public because it hinders our ability to take on more work,' she added.