Your report that the government would set guidelines for Suhakam's conduct of its inquiries adds a further distaste to the issue of independence of the Human Rights Commission ('Gov't to consider setting guidelines for Suhakam's inquiries', Nov 7).

I believe the commissioners themselves have developed the guidelines to inquiries. This is appended (Appendix VIII) to the first annual report of Suhakam dated April 19, 2000. The power to make inquiries on its own motion or upon a complaint under Section 12 of the Human Rights Commission Act 1999 should be liberally construed to include the power to develop guidelines.

The minister appears to be empowered under Section 22 "for the purpose of carrying out or giving effect to the provisions" of the Act "including for the prescribing of procedure to be followed in the conduct of inquiries".

It would, however, be prudent for the minister and this government to be slow in side-stepping the commission's guidelines so as not to be perceived as lording over the commission.

I would say that if there has been an absence of guidelines, then it may possibly be argued that the minister may resort to Section 22.

The rule of law is not a rule by law. In any case, we need to look into this together.

I suggest that the commission consult the people and civil society groups with regard to the procedure of inquiries as laid out in the annual report of 1999 and solicit views on the matter. In any case, civil society groups including the Malaysian Bar should forward any views on this to the commission for consideration.

These views may go into the second annual report to Parliament and be debated as the commission is obliged to report to Parliament. Parliament is not limited to the members of the ruling party. We, the people, may lose out in the procedure of a simple majority to pass any law. This should not mean that we should not put up a fight to maintain the independence of the commission and work out our dissent through these processes.

As an added reason, Prime Minister Dr Mahathir Mohamad has said that we are an Islamic state - all the more reason that we should allow sulh (agreement) or shura (consultation) on this.