Suhakam should immediately make public its proposals for amendments to Human Rights Commission Act 1999 to allow MPs who are meeting on Monday to canvas for such legislative changes in the June meeting of Parliament


Media Statement
by Lim Kit Siang

(Petaling Jaya,  Friday)In my 80-minute meeting with the Suhakam Chairman, Tan Sri Abu Talib Othman yesterday, I called on Suhakam to make public its proposals to the Government to amend the Human Rights Commission Act 1999 as their  submission to the government without making them  available to Members of Parliament and the Malaysian public is another blow to its  fragile credibility  as a good governance human rights institution upholding the principles of accountability and transparency. 

Furthermore, it is in the public interests as well as the interests of MPs to know of Suhakam’s views as to how to  improve its parent statute  in order to ensure that the Commission can be effective in the discharge of its statutory duties to protect and promote human rights. 

As Parliament is meeting on Monday, it is imperative that Suhakam should immediately make public its proposals for amendments to the Human Rights Commission Act 1999 to allow MPs to canvas for such legislative changes in the June meeting of Parliament – unless Suhakam regards Parliament as an useless institution being a mere  rubber stamp of the Executive and that it is irrelevant whether MPs know about its proposals or not! 

Today is Friday and Parliament is meeting on Monday. Is there enough time for Suhakam to make public its proposals for amendments of the Human Rights Commission Act in time for MPs to be informed of its contents before the start of Parliament at 10 a.m. on Monday? 

In the era of information technology, there is no problem whatsoever about  the availability of the resources to  achieve this end, as the Suhakam’s proposals could be posted on the Internet and within minutes, be made known not just to all Malaysian  MPs and interested Malaysians, but even to the whole wide world.  The problem is whether Suhakam has the  human rights will to do what is right and proper to protect and promote human rights! 

There is another reason why Suhakam’s proposals to the Government for amendments to the Human Rights Commission Act should be made public – the conflicting views between the present and former Suhakam Chairman about its content and purpose. 

Yesterday, Abu Talib told Malaysiakini that the amendments sought by Suhakam were to “clarify the ambiguities in certain provisions, and not to ask for more clout”  for Suhakam.  

This is in direct  conflict with what Tan Sri Musa Hitam had said before stepping down as Suhakam Chairman, telling Malaysiakini on April  24, 2002 that Suhakam must be given some “enforcement powers”  to function more effectively, so that it would not be a “purely recommending agency” but “given some leeway to be an enforcement agency - not 100 percent but there should be some enforcement element". 

Abu Talib may not agree  that Suhakam should be given some “enforcement powers” but this is neither here nor there, as Suhakam’s proposals for amendments to the Human Rights Commission Act had been submitted to the government  when Musa was still Suhakam Chairman, before Abu Talib’s commission started. 

As both Musa and Abu Talib were talking about the same set of  Suhakam proposals, how could they reach such diametric conclusions – one claiming that it was to ask for some “enforcement powers” while the other stoutly denying it? 

But whether Musa or Abu Talib is right is secondary to the larger question about the right of Malaysians, the civil society and Parliament to be informed and  involved about Suhakam’s proposed amendments to the Suhakam Act – a right to information, a fundamental human right, which should not be denied by Suhakam! 

I hope Suhakam can act with the speed and reflex of a nimble human rights watchdog in the  era of information and communications technology to be able to make public its proposals for amendments to its parent Act before Parliament reconvenes on Monday morning.

(14/6/2002)


*Lim Kit Siang - DAP National Chairman