Toothless and unprincipled are hardly the stuff a human rights commission is made of, yet that is how some opposition members and non-governmental organisations see the Malaysian Human Rights Commission (Suhakam) as.

The two-year-old commission has been criticised as being reactive instead of pro-active in raising controversial human rights issues such as those related to police abuse and corruption.

As its officers paycheques are issued by the government of the day, Suhakam is at times careful not to upset the powers that be. At the same time, it strives to be impartial and not pander to the beck and call of opposition leaders and the common folk.

But this middle approach is a problem. Suhakam needs to be principled when it comes to human rights issues or its credibility is at stake, countered Malaysian Human Rights Association (Hakam) secretary-general Elizabeth Wong.

It is also not doing enough where its education bureau is concerned. There is a need to revamp the committee as one of its goals was to come up with a human rights curriculum in the education system, she told malaysiakini.

Pacifier

Yesterday, DAP national chairperson Lim Kit Siang said Suhakam should pull up its socks, recharge and rediscover a new sense of purpose to protect and promote human rights if it is not to be completely marginalised and made irrelevant by the Sept 11 terrorist attack on America syndrome.

Lim said Suhakam rode on the hopes of many Malaysians in its first year of establishment that it might prove the sceptics wrong and demonstrate that it could make a difference to protect and promote human rights in the country.

Lims review was timely as the nations first batch of commissioners will conclude their tenure in April when new appointments are due.

Asked for comment, PAS central executive committee member Dr Hatta Ramli today said Suhakam has only been playing the role of good listener.

If its only function is to provide a place where people can go and vent their frustrations then they have done a very good job. Otherwise, no. So far, they seem to be playing the role of pacifier, nothing more, Hatta said.

However, according to a top leader from the ruling Barisan Nasional coalition, Suhakam may be unable to assume a pro-active role as it is currently burdened with too many complaints.

Gerakan vice-president Dr S Vijayaratnam said, Whatever it is, without fear or favour it has raised many pertinent issues of human rights in this country. Some may like it and some may not, but the fact is despite being only two years old, Suhakam is doing the job well.

Limitations

Good job or not, some feel strongly that the commissions scope should be expanded.

Wong said Section 12 (2) of the 1999 Suhakam Act, which limits the commissions investigative powers, should be amended.

Section 12 (2) states that the commission shall not inquire into any complaint relating to allegation of the infringement of human rights which is the subject matter of any proceedings pending in court, including any appeals or has been finally determined by any court.

There should be no limitations to Suhakams role in handling human rights issues, Wong said.

Suhakam should be accorded a quasi-prosecutorial role as well or be able to recommend cases to the Attorney-Generals Chambers to prosecute, she added.

Vijayaratnam, however, thinks otherwise and said the commission should not overstep the authorities.

Suhakam should only make representations, that is all. There is always two sides of the story, he said.

Meanwhile, there are complaints that certain personalities in Suhakam are keeping the commission from carrying out its rightful duties.

Good people should be allowed to continue their work while the dead wood should be done away with," Wong said.

People with human rights experience should be given a chance to serve. They should consider selecting people from the Bar Council, she added.

Vijayaratnam observed that in order for the commission to function effectively it needed to develop its human resources and information centre.

You cannot expect people like Musa Hitam (Suhakam chairperson and former deputy premier) to go into the interiors of some village and conduct interviews on human rights issues, he said.

I believe they have too much on their hands, he added.

Hatta, who is also political secretary to PAS president Fadzil Noor, cited leadership problems as one of the main reasons Suhakam cannot be as effective as it should be.

It is time to replace Musa. We need someone more neutral.. someone like a former judge and someone who wont back down in the face of government pressure, he said.

Advisory role

The commission was established by legislation in August 1999 and acts as a quasi-governmental group to monitor reported human rights abuses in Malaysia.

Its first members were appointed in April 2000. The specified functions of the commission are to promote awareness of human rights issues and integrate human rights into public education programmes.

The commission also plays an advisory role of assisting the government in measures that should be taken to improve conditions and address human rights abuses.

Some of its duties also include advising the government on international human rights treaties; and receive and inquire into complaints submitted by individuals or organisations alleging human rights violations.

Where the latter case is concerned, a few commissioners have stuck out their necks to state their stand uncompromisingly even in the face of government disapproval, leading to the speculation that those who have been vocal may be axed from the commission.