The Human Rights Commission of Malaysia (Suhakam) wants to be consulted in the drafting of legislation, pointing out that this inclusive process is provided for in its enabling legislation, the Human Rights Commission of Malaysia Act 1999.

In its 2003 annual report tabled in the Parliament today, the commission said it is "prepared and able" to contribute to the drafting of legislation if requested, so that bills take into account human rights considerations and that existing laws conform to international standards.

"Draft legislation has never been referred to Suhakam for advice," noted the 342-page report.

"Nor has the government responded to Suhakam's recommendations in 2000 that major bills be referred to a select committee after the first reading, that these should not be stamped as official secret, but that these bills should be open to public debate and scrutiny before being referred to the legislative body."

The cabinet last week decided that the annual report would not be allocated a specific time to be debated , and the decision was immediately criticised by Penang-based reform movement Aliran.

'No urgency'

In the report, the commission also urged the government to react positively to its proposals, while blasting agencies that have not dealt with its recommendations to date.

"It need hardly be emphasised that Suhakam is mandated to carry out its function by an Act of Parliament and as such it is expected that the government would respond to its recommendations more positively," it said.

"While Suhakam acknowledges that some government agencies have been more forthcoming - in particular the judiciary, the prisons department, home ministry, foreign ministry and the education ministry - others have not dealt with (our) reports and recommendations with a sense of urgency or even importance."

Suhakam pledged to "remain concerned" about the lack of adequate response to its calls for law and policy reform contained in some key reports of public interest.

These include the reports on freedom of assembly, the Kesas highway inquiry and the ratification of fundamental human rights treaties.

Suhakam also said the media, non-governmental organisations (NGOs), the opposition and backbenchers could play a bigger role in educating the public on human rights and in sustaining public interest and influence for more reforms by adopting the numerous recommendations.

'PR exercise'

Suhakam further commented on the current "negative perceptions" about the commission and its role.

"Although Suhakam is in its fourth year of establishment, its impact on the state of human rights in Malaysia remains contentious," it said.

"On the one hand, many among civil society activists still regard Suhakam as ineffective and nothing more than a public relations exercise of the government. On the other hand, many in government regard Suhakam with hostility, accusing it of acting like a NGO."

It said that the government "find(s) it difficult to understand that a body it set up could be so critical of its actions".

At the same time, those in the NGO movement are frustrated that Suhakam is unable to bring about the changes sought on issues of civil and political liberties, as well as economic, social and cultural issues.

"It is Suhakam's hope that as Malaysians increasingly understand the functions and powers of a national human rights institution - it strengths and its limitations - both sides will come to a more balanced and realistic expectation of Suhakam's role and ability to deliver," it said.

Nevertheless, the commission said it is aware that its existence and actions have raised public awareness of human rights and expectations of the body entrusted to promote and protect human rights.