Commentary by Mustafa K. Anuar

KLANG MP Charles Santiago, like many other advocates of human rights in the country, has good reason to be concerned about the delay in the appointment of new Suhakam commissioners.

It has been close to two months since these posts were left vacant after the last crop of top officials completed their terms.

This delay has possibly given rise to a backlog of cases and prevented the institution from attending to urgent matters, particularly those pertaining to infringement of human rights.

It would be an injustice to people, such as the Orang Asli and other vulnerable communities, who desperately seek help from the human rights commission, and yet have to wait before the new commissioners are appointed.

As rightly pointed out by a few lawmakers, the delay makes a mockery of Malaysia’s current membership in the United Nations Human Rights Council.

A country that is part of the council ought to have been quick to address this issue, as any human rights advocates would expect. 

The delay not only would suggest the government’s lack of commitment to human rights, but also undermine the political significance of the human rights institution in a social context where human rights ought to be a priority.

It is obvious that having the institution in our midst is not for the mere purpose of window dressing.

The commission plays an important role in a multi-ethnic society, particularly where inclusivity of various ethnic, cultural, gender and indigenous groups, among others, is vital. 

Such inclusiveness is in line with the notion of the ‘Malaysian Family’, as promoted by the Ismail Sabri Yaakob administration, which would then help itself to not run the risk of being rendered an empty slogan.

It is in this context that Suhakam’s work is important as it assesses to what extent such things as healthcare, education and employment have been made accessible to the various groups in our society.

The right to these resources is vital as it would determine the quality of life that the diverse groups of citizens attain. Any form of discrimination in this regard is clearly a transgression of human rights that we can do without. 

Despite its limited powers and resources, Suhakam strives to conduct investigations into potential abuse and violation of human rights, and also to raise red flags to the powers-that-be in the hope that the latter will take notice and action.

For example, the commission conducted a public inquiry into the violation of citizens’ right to public assembly, as in the case of the Bersih rally of 2011.  

Of similar importance, the commission also advises and assists the government in crafting laws and procedures, and recommends necessary measures. Such counsel is useful as it comes from an agency whose ear is kept to the ground.

The role played by past commissioners is testimony to Suhakam making important strides in raising awareness and providing education about human rights among members of the Malaysian public as well as civil servants.

It goes a long way towards making Malaysians in general sensitive to the rights of, say, children, Orang Asal, persons with disabilities, as well as exploitation of migrant workers and deaths in custody. 

Such public awareness and concern are partly due to the deep commitment and passion for human rights, as well as grit of the commissioners concerned, which goes to show that the selection of commissioners is equally crucial. 

Incidentally, this reminds us of the proposal to amend the Suhakam Act 1999 so that the commissioners are appointed by Parliament rather than by the executive, as the practice is now. 

Suhakam ploughs on despite successive governments not responding to its annual reports and recommendations, ever since it was established in 1999.

The exception to this is one of its reports debated in Parliament for the first time on December 5, 2019, when Pakatan Harapan was in power.

It is high time that the annual reports and recommendations be debated by lawmakers and taken heed by the government of the day so that the human rights situation in the country can be further improved. 

This would be a significant way of showing an appreciation for the good and required work of the commissioners and their institution. 

The importance of their work demands that the empty positions in Suhakam be filled as soon as possible. – June 10, 2022.