By: Sarah Jane Gilbert
Reflecting on the year’s efforts of reforms to strengthen the Human Rights Commission of Malaysia (Suhakam), it’s clear that significant strides have been made towards reinforcing human rights advocacy and protection in the country. The year has been marked by pivotal legislative changes, comprehensive debates, and a renewed commitment to human rights issues, all converging to redefine Malaysia’s approach to human rights.
The landmark amendment to Suhakam Act 1999 (Act 597), championed by Dato’ Sri Azalina Othman Said, the Minister in the Prime Minister’s Department for Law and Institutional Reforms, stands out as a significant achievement. This legislative move addressed long-standing operational challenges of the Commission, enhancing its strategic capabilities, and aligning its functions more closely with international human rights standards.
Azalina played a pivotal role in articulating and driving these amendments. Her statement, “Amendments to the Human Rights Commission of Malaysia (Suhakam) Act will strengthen the watchdog’s authority and give it more bite,” encapsulated the drive to transform Suhakam into an active, effective guardian of human rights in Malaysia.
The enhanced authority granted to Suhakam under these amendments positions it to more effectively safeguard rights, particularly in high-risk areas such as detention centers. This aligns Suhakam’s operations with global human rights standards that champion transparency and accountability as cornerstones of effective human rights work.
A significant aspect of the amendments is the resolution of concerns regarding the Commission’s independence and impartiality. The stipulation against the appointment of politically active individuals to Suhakam underlines the importance of an unbiased and independent body, free from political influences. This is essential as the effectiveness and credibility of a human rights institution are closely linked to its perceived impartiality.
Furthermore, the amendments demonstrate a commitment to diversity and inclusivity within Suhakam. By ensuring that a portion of the Commission’s members represents women and persons with disabilities, and by establishing specific roles focused on children’s rights, the amendments promote a holistic approach to human rights issues in Malaysia. This diversity within the Commission is instrumental in addressing the multifaceted nature of human rights challenges in a diverse society.
The establishment of a Chief Children Commissioner and additional commissioners for children’s issues marks a significant step towards prioritizing the rights and welfare of the younger generation. Azalina further emphasized the broader scope of these roles, explaining, “The role of a chief and two commissioners (for children) is not for surveillance, not for enforcement… but they are educators, monitors of law, and informers on matters related to children’s rights.” This approach ensures that the rights and concerns of children are not only acknowledged but also actively championed.
While the amendments do not endow Suhakam with direct enforcement powers, they do enhance the Commission’s authority and independence. This could potentially amplify the impact of its recommendations, encouraging more robust action by authorities in response to Suhakam’s findings. This strategic enhancement is likely to strengthen the overall effectiveness of human rights advocacy in Malaysia.
Additionally, the legislative changes promise to elevate public awareness and engagement in human rights issues. A more visible and empowered Suhakam is poised to play a crucial role in educating the public, fostering a culture that respects and upholds human rights. Public awareness and participation are fundamental to the protection and promotion of human rights, enabling citizens to serve as both advocates and watchdogs.
However, it’s important to note that the amendments do not fully address all challenges related to resources. Nonetheless, a fortified Suhakam, with its heightened stature, is better positioned to advocate for the necessary resources. The sustainability and effectiveness of any human rights organization are, in part, reliant on adequate funding and support.
Azalina’s commitment to ensuring Suhakam’s operational independence is particularly notable. Her insight into the importance of independent funding reflects a deep understanding of the nuances of maintaining an unbiased and effective human rights body. She observed, “Being a former deputy Speaker of Parliament, I do notice that if your funding is not really independent, there will be a lot of possibilities of not being independent.”
The approval of these amendments by the Malaysian Parliament, achieved unanimously and without further modifications after comprehensive debates involving 19 members, showcases a united legislative commitment to human rights principles. This approval marks a significant chapter in Malaysia’s human rights journey, transforming ideals of liberty, justice, and inclusivity from mere aspirations into concrete realities within the nation’s legal and social framework.
These amendments mark a new chapter in Unity Government’s commitment to champion legal and institutional reforms. They transform the ideals of liberty, justice, and inclusivity from aspirations into tangible realities within the nation’s legal and social fabric. The strengthened authority of Suhakam, coupled with its commitment to impartiality and diverse representation, fortifies its role as a guardian of human rights. This legislative milestone is a harmonious blend of political will and societal aspiration, setting a progressive path for Malaysia and serving as a model for nations striving to balance national sovereignty with the universal mandates of human rights.
-Human Rights Activitst
