Dear Human Rights Commission of Malaysia (Suhakam),

We, one a law student and the other a legal practitioner, write to you not only in our respective capacities, but more importantly, as concerned citizens of Malaysia.

You were established by the Human Rights Commission of Malaysia Act 1999 and imbued with the mandate, power and responsibility to protect and promote human rights in Malaysia. The year 2004 has come and gone and, with the dawn of 2005 and your fifth year in existence, we felt it appropriate to reflect on, and review, your achievements thus far.

Your brief history, as set out in your website, does not do you justice and fails to paint the full picture of how you came to be. The story there does not describe the political environment in which you were formed. Context is always important for comprehension and must not be disregarded.

In your case, in late-1998, prior to your formation, the then deputy prime minister Anwar Ibrahim, was sacked giving birth to the Reformasi movement. Despite, or perhaps of his high profile, he was unceremoniously arrested following a commando raid on his house.

In his dank and dreary cell, he was viciously assaulted by no other than the nation's highest ranking police officer, the inspector-general of police. He was denied medical attention until, some nine days later, he was produced before a court, still bloodied and bruised, and charged with corruption, sparking outrage both locally and around the world.

Mass protests and assemblies in support of Anwar were held and ruthlessly quelled by the authorities. International condemnation mounted, putting pressure on the government to stop the increasing and on-going abuses of human rights. The government eventually saw the need to improve its image internationally and to deflect such criticisms.

Hence your conception and birth. An indication, if not confirmation, of the government's motive is the fact that you were placed under the purview and portfolio of the Ministry of Foreign Affairs. The government must have felt that you had a role to play in the arena of international relations.

Democratic societies believe in the importance of respecting and upholding human rights as the cornerstone of civilisation. Your establishment was to us a heartening move as the perceived climate in Malaysia then was (and still may be) seemingly hostile to human rights. It would be fair to say that your establishment marked, at that point in time, the success of the struggles of countless courageous human rights advocates throughout the history of the nation.

We're perpetual optimists

Having articulated your beginnings, may we now proceed to review your achievements thus far, to highlight what needs improvement and most importantly, to give voice to our hope for you in the future. We have learnt that human rights advocates must be perpetual optimists and it is in this spirit that we have penned this letter.

Since your inception, you have actively carried out your mandate to assess and report on the status of humans rights in Malaysia. This exercise of yours has culminated in no less than 15 reports. All of these reports have been submitted to Parliament but not one has been tabled or debated. The government appears to be reluctant to discuss the matters contained in the reports. No formal reason has been given as to why the reports have not been addressed.

We are heartened to note that, in general, the positions you have taken in your reports are well-founded and accord with international human rights norms and humanitarian principles. The issues you have covered also deal with a wide-range of human rights concerns. These concerns were, in the past, before your establishment, articulated consistently and vociferously by various non-governmental organisations (NGOs) and civil society groups (CSGs).

You have confirmed these concerns and in reply to accusations that you were merely formed for show and serve no substantive purpose, we offer the alternative and optimistic view that perhaps your reports have been too damning that the government has shied away from addressing them.

At the end of the day however, you should realise that not everyone is an optimist, and that in order to retain your credibility, you must convince ordinary Malaysians that you can fulfil your function and potential, as we are convinced that you can.

Flowing from your reports, media statements, press releases, workshops, lectures, seminars, consultations, training courses, educational programmes and conferences, you have increased the level and quality of discourse and awareness of human rights in Malaysia. For this achievement alone, we wish to commend you.

We are also encouraged that a good number of events that you have organised were well-attended, not least because you possess a certain degree of influence with the government and have ready access to the government and its various departments. You are in a privileged position compared to the NGOs and CSGs in Malaysia vis--vis the government and this is an advantage.

Well done, but what now?

We are further gladdened to see that you have managed to reach out to organisations who traditionally, have not understood or practised human rights governance in their affairs. Your work with the police and the immigration authorities are the clearest examples.

The steady trickle-down effects of your efforts in creating, sustaining and enhancing human rights awareness is that human rights is now seen as a part of Malaysian society rather than an exception. You have managed to steer the discourse on human rights in Malaysia to the mainstream. The press has cautiously, but surely, begun to publish human rights issues, stories and concerns. The people speak about it more freely and do not view "human rights" as a taboo subject.

The fact that many Malaysians have lodged complaints with you and that you have addressed their concerns is evidence of your slow but sure influence. The government is slowly realising that human rights articulation and implementation do not necessarily plunge Malaysia into chaos or compel it to disorder.

In summary, you have successfully created a new platform for human rights awareness and advocacy in Malaysia. It was not easy but we feel that your achievements so far have been a pleasant surprise to many. All these achievements are well and good, but having proved your critics wrong, can you now exceed the expectations of your supporters? Having set the benchmark, it is now up to you to set the bar higher.

When you started out, there was no benchmark to speak of, the situation then being characterised by what we would term the "anything-goes" approach. In other words, until you came along, Malaysia was deprived of an official body or platform which could command the respect and acceptance by the government on human rights issues.

Then, as you commenced your work, your articulation of various issues connected with the people, the NGOs and the CSGs. This connection allowed you to expand and expound your chosen areas of human rights with the support of various human rights advocates. Any matter looked into or considered by you was encouraged and applauded. No doubt, due to the "deprivation" as aforementioned, beggars cannot be choosers.

But when we say you need to set the bar higher, we mean that you must work with more circumspection, more authority and take more action. Expectations of you have risen. People are more aware and articulate of their rights. No longer will mere reports, numerous recommendations or controversial media statements suffice.

Despite the inroads you have made, you will cease to be effective if you fail to render yourself relevant to the needs of the people whom you serve. You may have won the battle, but not the war. Complacency should not be allowed to set in, as there is still much to be done.

Optimists we may be, but our optimism can only be sustained by a continuous and relentless effort on your part to uphold, protect, promote and enforce the basic human rights of our fellow country men and women.


Tomorrow: Our eight-point plan for Suhakam
Law student NIK NAZMI NIK AHMAD comments on current issues, and contributes to the BBC World Service, Channel News Asia and malaysiakini, among others. Lawyer EDMUND BON is a human rights advocate, a lover of life and liberal freedom.