The establishment of an interfaith commission in Malaysia could prevent conflicts and clear misunderstandings that arise between followers of different faiths, said the head of a steering committee that is drafting a bill in support of the proposal.

Malik Imtiaz Sarwar who heads the Bar Council-initiated committee, said the proposed commission modeled after the Human Rights Commission of Malaysia (Suhakam) would help the government in making "clear and coherent policies".

"If established, the commission can co-operate with the government in formulating policies which allow for greater interfaith relationships as well as avoid (related) conflicts arising out of misunderstandings," he said in a telephone interview.

"It must be seen to be working in tandem with the government mainly to promote national unity."

The draft bill, he said, will be discussed for the first time at a national conference later this month, open by invitation to 250 representatives from government agencies, non-governmental organisations and individuals.

Endorsement sought

Among other matters, said Malik Imtiaz, participants will discuss the mode of appointment, composition, constitution and objectives of the interfaith commission before deciding on the final draft to be presented to the Attorney-General's Chambers.

"One of the key points to be debated is the two possible models of appointment. One is by an independent mechanism, the other is by nomination from major faith organisations," he said.

"We've proposed for 12 members and for funding to come from a common fund similar to Suhakam, that is, supported by the government as the commission would be a statutory body."

He noted that the bill also clearly states that the commission would be a consultative body and not adjudicative in nature.

"We will propose for the draft bill to be tabled by the minister in charge of national unity (Minister in the Prime Minister's Department Dr Maximus James Ongkili).

"We hope the draft bill will be endorsed at the conference as the product of a broad-based civil society initiative. It will be a different matter if the draft bill is later reviewed by the AG's Chambers."

Consultative body

Malik Imtiaz said the steering committee has tried to follow the Suhakam Act 1999 as much as possible, but also insisted that the proposed interfaith commission would be different from the human rights body.

He said the committee tried to strengthen the draft bill after studying the Human Rights Commission of Malaysia Act 1999, as well as its experiences in working with the government thus far.

The government has been outwardly indifferent towards Suhakam recommendations contained in various reports, including annual reports, over the last five years.

Asked how the draft bill would be different, Malik Imtiaz said it will propose to make it obligatory for the minister to table the report in Parliament.

"The minister is not given a discretion in this matter. However, what the Dewan Rakyat Speaker decides is another issue."

Another plus point, he said, will be the statutory requirement for all government agencies to take into account the proposed body's recommendations and annual report.

"This provides anyone dealing with government agencies the legal basis to demand that the requirements be met when considering their case."

Malik Imtiaz said the proposed commission would also have broad powers to determine whether or not there has been any infringement of freedom of religion, conscience and thought within the context of the Universal Declaration of Human Rights and the Federal Constitution.

"The proposed commission would have powers to hold inquiries, collect evidence and provide conciliation and mediation services between any party who feels they have related issues to raise," he explained.

"We see the proposed commission as fitting into the larger framework of the judiciary, Suhakam and the various government agencies, to ensure that individual rights are upheld and protected."

Formal forum

Expressing hope for the proposed commission to join all these coherently, he said the intention of the interfaith initiative was to provide a forum for relevant issues to be addressed formally.

"Right now, related matters are raised and discussed at the level of non-governmental organisations. A statutory body, however, would have formal authority."

However, like Suhakam, the proposed commission is designed to have persuasive authority in terms of the recommendations made.

Where a complaint is found to be an of infringement of religious rights, the proposed commission would only make relevant recommendations but not adjudicate in the matter, he added.