We refer to the articles An open letter to Suhakam and Our eight-point plan for Suhakam and wish to thank the writers Nik Nazmi Nik Ahmad and Edmund Bon.
Since Suhakam's inception in 1999, this institution has endeavoured to gain recognition and acceptance, not only from the government, but also from NGOs and civil society. Thus, it is heartening to note your assessment that we have met with some success in increasing human rights consciousness amongst Malaysians.
Suhakam was placed under the purview of the deputy prime minister during the later part of 2004, and we remain optimistic of greater government acceptance of our recommendations.
However, there is always room for improvement. The views expressed in the above articles were thoroughly discussed during Suhakam's 63rd Commission Meeting in May. We note the recommendations, and will continue to further assess their feasibility for adoption. Certain recommendations actually mirror initiatives which we have already embarked upon. For your readers information some of those initiatives are expanded below:
Intensive lobbying of the government
Recognising the value of lobbying, we hold high-level policy discussions and roundtable dialogues with government agencies in furthering greater acceptance of our reports and recommendations. We also organise periodic high-level discussions with policymakers. On Oct 18, 2004, Suhakam met with the Deputy Prime Minister Najib Abdul Razak at his office in Putrajaya.
The discussion focused on a number of critical concerns, including the Internal Security Act 1960 (ISA), Orang Asli rights, media freedom, conditions of detention in prisons, lockups and immigration detention depots, and the alleviation of poverty.
Further details on this discussion are available in a press statement issued on Dec 2, 2004 available on Suhakam's website . The deputy prime minister expressed his willingness to engage in such discussions with Suhakam in the future.
Suhakam has also assigned a commissioner to handle government liaison work. Indeed, Suhakam has been pushing for the establishment of liaison focal points within the various government agencies since its early years. To date, the Ministry of Foreign Affairs has appointed special desk officers to handle human rights matters.
In addition to public forums and seminars, Suhakam also organises periodic closed-session roundtable dialogues with government officials and NGOs. The roundtable discussions which have been organised thus far have focused on a diverse range of issues including the rights of refugees and undocumented migrants, trafficking of women and children, persons with disabilities, rights of elderly persons, human rights in school curriculum, and the Millennium Development Goals. Further details on these dialogues may be gleaned by perusing through Suhakam's annual reports, available from Suhakam's website.
Be more inclusive
We recognise the importance of cooperation with the Bar Council, NGOs and CSGs (civil society groups). At present, Suhakam prefers a flexible working arrangement with these organisations. These entities are regularly invited by Suhakam to participate in seminars and workshops, as well as closed-session roundtable dialogues with the government. Please refer to Suhakam's various reports including its annual reports for further details of such dialogues.
Be more visible
We note the recommendation for Suhakam to appear through counsel and to make representations through written submissions to the courts. Presently we are examining whether such actions are in conformity with the provisions of the Human Rights Commission of Malaysia Act 1999.
Be more transparent and accountable
Suhakam's complaints processing guidelines were first published for general public information in Suhakam's 2000 Annual Report. An update of the public inquiry guidelines has been available on Suhakam's website since April 2004. The final decision on whether or not complaints are to be acted upon is made at the Commission level during its monthly meetings.
While Suhakam recognises the importance of transparency during its decision-making processes, the complainants' right to privacy and confidentiality cannot be ignored. Releasing the full minutes of Suhakam meetings to the public would not be in the interest of many complainants.
Suhakam is subject to the Statutory Bodies (Accounts and Annual Reports) Act, and details of Suhakam's emoluments can be obtained from its Annual Reports.
Be more proactive
Suhakam regularly organises public road shows throughout Malaysia as a means of reaching the general public. Such events have been very well-attended and the ensuing dialogues mutually useful to both the public and Suhakam.
While Suhakam supports the right to freedom of assembly, as a national institution established by statute, it is our view that taking part in demonstrations and public assemblies would be counter- productive to our work and functions.
The suggestion for Suhakam to write critical analyses of court decisions will be examined further. The upcoming publication of the first issue of the Suhakam Bulletin will mark this institution's new strategy to increase its exposure to the public. It would be in keeping with its aim to incorporate discussion and analyses of human rights issues in the Bulletin.
While budgetary constraints may prevent the adoption of expensive measures such as human rights advertisements, Suhakam will continue to identify other ways and means to increase its profile amongst the public and within government.
The proactive stance and initiative taken by Suhakam is evident in the setting up of the Economic, Social and Cultural Rights Working Group in 2003. This is in consonance with the United Nations General Assembly's commitment to economic, social and cultural rights.
This also indicates that Suhakam affirms the indivisibility of all human rights, and goes beyond looking exclusively at civil and political rights. We are now working actively on promoting the MDGs and consulting with the government on human rights aspects of socio-economic issues.
Be committed
Although commissioners are appointed on a part-time basis, the nature of the institution's work is such that full-time effort is performed in many cases. The process of commissioner appointments is stipulated under Suhakam's Act. Unless and until the government decides to amend the Act, commissioners will continue to be appointed on a part-time basis.
Suhakam proposed amendments to the Act in 2002, but has yet to receive any response from the government. Lately, it has revived research on amendments to the Act, with the benefit of added experience over the years. Recommendations are likely to include enforcement powers and the appointment of some full-time commissioners.
Suhakam's programme of work has included issues termed controversial by some, such as those pertaining to freedom of religion. As far back as 2002, roundtable dialogues were organised on freedom of religion, involving NGOs such as the Malaysian Consultative Council on Buddhism, Christianity, Hinduism and Sikhism and representatives of Islamic organisations such as Persatuan Ulama Malaysia.
At its Malaysian Human Rights Day Conference in September 2002, a session on discrimination against sex workers was included. Suhakam also hopes to organise a roundtable dialogue on transsexuals later in 2005/06.
Demand your rights
As mentioned above, Suhakam is currently in the process of pushing for amendments to the Act and for additional funding from the government.
Have an agenda and vision articulate them
In 2004, Suhakam embarked on research and preparation of its strategic Human Rights Action Plan for the next five years. Suhakam also made separate recommendations within its 2001 Annual Report, for the government to develop a National Human Rights Action Plan for Malaysia.
The government's initial reaction was not encouraging, as seen from the government responses published in Suhakam's 2003 Annual Report. However, during Suhakam's discussions with the deputy prime minister in 2004, it was indicated that the government might be willing to look at the key points of such a plan.
Suhakam has since begun research to advise the government on how to develop a national human rights action plan according to prevailing international standards. The research also includes suggestions of main elements and actions that should be set out within the National Human Rights Action Plan.
Suhakam has also repeatedly affirmed the universality of human rights since the beginning of its work. Suhakam will continue to do so in the future and increase the level of articulation in the arguments employed therein.
Suhakam welcomes suggestions and proposals by concerned citizens and would be happy to co-opt the writers mentioned above into discussions where appropriate, if they both agree.
The writer is a Suhakam commissioner, and the letter was written on behalf of Suhakam.
