The Malaysian Human Rights Commission (Suhakam) was taken to task by an opposition leader today for failing to submit its annual report to the Parliament on schedule.

DAP chairperson Lim Kit Siang said in a statement that Suhakam's statutory duty to submit its annual report to Parliament at the first meeting of the year does not change although the body falls under the purview of the Foreign Ministry.

Lim was reacting to a malaysiakini report yesterday in which Suhakam commissioner Prof Hamdan Adnan disclosed that its 2001 annual report would only be made public in June after it has been submitted to Parliament by the Foreign Ministry.

The veteran politician said Hamdan has skirted the issue as to why the commission had breached its duty to present the report in the March/April parliamentary session.

Section 21(1) of the Human Rights Commission Act 1999 states that the commission should submit an annual report of all its activities during the year to Parliament no later than the first parliamentary meeting the following year.

Statutory duty

"Can Suhakam disclaim responsibility of its statutory duty under Section 21(1) of its parent Act if the foreign ministry for some reason decides to sit on the Suhakam annual report and refuses to forward it to Parliament — as has happened in this case?" Lim asked.

"Hamdan said the Suhakam annual report is now with the ministry. Why should this be so?"

Lim explained that neither the government nor the Foreign Ministry was empowered to interfere with any aspect of the commission's duty and function.

"I would contend that the foreign minister has no statutory power, right or locus standi to submit the Suhakam report to Parliament," he said, adding that the ministry should return the report to Suhakam so that it could make the proper submission.

Unlawful interference

Lim also questioned the commissioners for what he sees as "easily conceding their statutory power and duty to the ministry", thus allowing Suhakam's duty to submit its report to Parliament to be unlawfully interfered.

"How could Suhakam command respect and confidence that it would without fear or favour protect and promote human rights in the country when it could not even safeguard its statutory powers and duties from executive interference?" he asked.

On a separate matter, the DAP leader also asked Hamdan to explain the status of the Salleh report of the Suhakam inquiry, why it has not been made public and to what extent the original Salleh report is being watered down.

The Salleh report was on a Suhakam fact-finding mission, headed by former commissioner Dr Salleh Mohd Nor, on the Native Customary Rights land issue and resettlement problems faced by the indigenous peoples affected by the Bakun dam project in Sarawak.