It's still grade A for Suhakam

Despite speculations that the Human Rights Commission of Malaysia (Suhakam) would be downgraded to 'B', the watchdog, often referred to as a 'paper tiger', managed to retain its 'A' status.

However, Suhakam chairperson Abu Talib Othman said the Sub Committee for Accreditation (SCA) of the International Coordinating Committee of the National Institutions for the Promotion and Protection of Human Rights (ICC) has voiced two concerns.

(The ICC is a body under the United Nations set up to monitor and strengthen human rights institutions in each of its member countries, and acts on the recommendation of the SCA)

The ICC is expected to make the decision official on Dec 18.

Speaking to reporters at the Suhakam headquarters in Kuala Lumpur, Abu Talib said the SCA was concerned over the transparency in the appointment of commissioners.

"It also said that the use of KPI (key-performance index in the commission) could be open to political interference," he said.

Suhakam is an organisation under the direct control of the Prime Minister's Department, giving the government full authority in the appointment of its commissioners.

As it stands, commissioners are appointed on advice of a selection committee, which includes representatives of civil society, who are selected by the prime minister.

"What are the criteria of the selection (of civil society representatives)? Do they really represent civil society or it is just so on the (surface)?" Abu Talib asked.

Lack of enforcement powers regretable

He stressed that the accreditation shows that the ICC is satisfied with Suhakam and that these concerns are not under their purview.

"These concerns have nothing to do with our performance (which is of) no dispute. It is up to the government to address them," he said.

As evidence of the commission's good performance, Suhakam was nominated to be on the accreditation committee next year, and will know the final decision in March 2010.

He also maintained that Suhakam should not be faulted if no action is taken on human rights infringements as it has not been bestowed with enforcement powers and can only advice the government.

"If the government does not accept our advice, is it because the commission is not performing?" he asked.

He added that the commission will only have more sway in influencing policy if there is "government commitment to truly promote and protect human rights".

However, when asked if he believes this is the case, Abu Talib said that the matter is subjective and is up to the public to decide.

Abu Talib added that Suhakam has been actively pushing the government to repeal the Internal Security Act (ISA) and has been in active consultations for its amendment.

"The government may be right in saying that there is a need for ISA, but it has to be balanced with the right of the individual to be heard and to have legal representation," he said.

He also cautioned against the tendency to provide outer clauses in legislations other than the ISA, which block the public from challenging a minister's decision.

"Many of these laws, like the Printing and Publishing Act, have nothing to do with security, and we recommend that they are repealed," he said.