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Clarify mooted ban on those ‘active in politics’ becoming Suhakam commissioners: MPs | Scoop
The government is tabling amendments to the Human Rights Commission of Malaysia Act 1999. – suhakam.org.my pic, November 29, 2023
News

Clarify mooted ban on those ‘active in politics’ becoming Suhakam commissioners: MPs

Lawmakers claim proposed amendment against right to freedom of association

Updated
1:55 PM MYT

 

KUALA LUMPUR – MPs in the Dewan Rakyat today called for more clarification on a proposed amendment in the Human Rights Commission of Malaysia (Amendment) Bill 2023 that bars those active in politics from being appointed as commissioners.

Datuk Che Mohamad Zulkifly Jusoh (Besut-PN) said the proposed amendment to Section 5 of the Suhakam Act was unfair and denied individuals the right to freedom of association.

He took issue with the wording of the proposed change, which states that those who are “actively involved in politics” and who are “registered with any political party” shall not be appointed as commission members.

“This is very unclear, what does the government mean by ‘active’? This violates the rights of individuals to freedom of association.

“Does it mean a person cannot attend a political party event? Or cannot hold a position in a political party? Or cannot even be a party member? 

“It is not fair to prevent such a person from becoming a commissioner if he is otherwise qualified,” Che Mohamad said during the debate on the amendment bill, which was tabled on Monday for second reading.

Another opposition lawmaker, Abdul Ghani Ahmad (Jerlun-PN), echoed Che Mohamad’s arguments, and suggested that to ensure Suhakam was free of political interference, commissioners be appointed by the chief justice rather than the prime minister.

“The chief justice is apolitical, but not the PM,” he said.

Government backbencher R. Yuneswaran (Segamat-PH) also asked the government to explain what the proposed amendment meant by “active politics”.

“These terms require clearer definition. It (the amendment) could perhaps state that a commissioner cannot be an office-bearer in a political party.”

The bill to amend several clauses in the Suhakam Act was tabled by Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said on Monday, and is set to be passed by the Dewan Rakyat after debates before its meeting ends tomorrow.

Civil society groups had previously expressed concerns over the appointment of certain Suhakam commissioners who are known to be politicians.

One of them was commissioner Datuk Hasnal Rezua Merican Habib Merican who was named as Umno’s candidate for the Kuang seat in Selangor for the state elections in August. However, he lost to a Perikatan Nasional candidate.

Other proposed amendments to the Suhakam Act are for the commission to have a minimum of seven members and not more than 20.

One appointed commissioner must represent persons with disabilities, while 30% of the commission must be women.

There will also be a Code of Conduct for commissioners to be drawn up by the law minister. Suhakam will also receive enhanced powers through other amendments to give it the power to “visit any place of detention, institution or other place” as part of investigations into complaints about human rights abuses, and to make recommendations.

Other changes will enable Suhakam to receive complaints directly from children and to act on them, as well as complaints from persons or authorities related to children’s complaints.

The amendments will also see a new section to enable the appointment of a chief children’s commissioner and two children’s commissioners from among Suhakam members. – November 29, 2023

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