Suhakam chief Abu Talib Othman has said there is no need for the commission to have enforcement powers since there are already adequate provisions in existing laws for individuals to seek remedies for human rights violations.

According to him, victims of human rights abuse may either go to the police or the courts to seek redress.

"If there is overlapping of enforcement agencies, there would be chaosIf there is a weakness in the system, I think it is the duty of parliament to ensure that matters of national interest are raised and debated," said Human Rights Commission chairperson Abu Talib in an exclusive interview with malaysiakini.

When asked, Abu Talib denied that former Suhakam chief Musa Hitam (photo) had made official requests for the commission to have enforcement powers.

"I have asked when I came here but there never was a suggestion upwards that Suhakam should be given powers of enforcement. We feel that our role should be an advisory o­ne because the system is such that we have enough enforcement agencies," he added.

Who is to be blamed?

Suggestions for Suhakam to have enforcement powers first came about last year after the government failed to implement many of the important recommendations made by the commission after various public inquiries and fact-finding missions.

In its 2002 annual report released earlier this month, Suhakam again expressed its "regret" that the government had not adopted its recommendations, including the call for a reversal of the blanket ban against outdoor political gatherings, and the suggestion for the government to ratify several international treaties relating to human rights.

When asked if the government's slow response to Suhakam recommendations affected the commission's credibility, Abu Talib said, "On the contrary, it is the government that is not credible...

"We have done our best, we have submitted our recommendations and they don't take action. Who is to be blamed? Not us," he said.

However, Abu Talib insisted that Suhakam had not faced pressures from the government or enforcement agencies when conducting its investigations.

"That is why some of the statements we make are quite pungent. Criticisms must always be there but if we honestly believe that this should be the case, we submit our independent and fair views after conducting investigations."

'Safer' approach

Commenting o­n criticisms that Suhakam under his leadership may have adopted a 'safer' approach as compared to his more outspoken predecessor, Abu Talib said not o­nly had the commission maintained the same style but it had widened its scope to include more educational activities.

"It is (also) not a question of taking a safe or aggressive approach. It depends o­n the situation. During the first year of the establishment of Suhakam, the country was plagued with the trial of former deputy prime minister Anwar Ibrahim and the reformasi movement.

"The circumstances then required the (previous) chairman to make statements from time to time. Since then, things have changed....What do we have today? Complaints of abuse of police powers, complaints of overcrowding in prisons, complaints of detainees being stripped and humiliatedWe have our working group leaders checking o­n all these things," he added.

Responding to another criticism by human rights organisation Suaram that some commissioners appeared to be "ex-civil servants with little or no background in human rights issues", Abu Talib insisted the varied composition of the commission was crucial to its effectiveness.

"I think it is an asset to have a composition of experienced, retired civil servants of high calibre because they know the workings of the government. They were part and parcel of the administration and mechanisms in formulating and enforcing laws.

"It would not be fair to say that Suhakam is a place to reward retired civil servants," he said.

The Suhakam chief said negative perception towards some commissioners could be due to insufficient press coverage of the commission's work.

"Unfortunately, when we invite the press to come, some come but some don't. I have told the commissioners that each time we have a meeting, unless it involves government authorities, to invite the press (for briefings)," he said.

100-day boycott

Questioned about his leadership of Suhakam, Abu Talib said he found his tasks "very challenging" although he declined to say if he would accept an extension when his two-year term expires next year.

"I don't speculate o­n things like that," he said.

On whether he had proven himself as a competent human rights commissioner although there were objections from various quarters to his appointment last year, Abu Talib said, "It is for the people to judge whether I have conducted myself worthy of my office."

Abu Talib's appointment as Suhakam chief exactly a year ago yesterday was deemed highly controversial mainly because of his former position as attorney-general during the 1987 Operasi Lalang crackdown o­n opposition politicians, social activists and religious leaders.

To mark their protests, 32 NGOs jointly organised a 100-day boycott of the commission which ended August last year.