Ex-chief: Suhakam can't function without new commissioners

Former Suhakam commissioner Mah Weng Kwai has questioned the delay in appointing new members to the human rights commission.

He said Malaysia could possibly risk its seat on the United Nations Human Rights Council if Putrajaya failed to promptly appoint new commissioners.

“Without commissioners, you cannot have a functioning Suhakam.

“Don’t forget, we are on the (United Nations) Human Rights Council and we worked hard to earn that seat.

“If this (appointment delay) continues, next time around we will lose our seat there.

“We cannot get our house in order without having our commissioners appointed,” he told reporters after a Bar Council forum on the Independent Police Complaints and Misconduct Commission (IPCMC) Bill yesterday.

No potential names

Mah (above) was among the five members who had completed their second term at the commission.

The other four were Jerald Joseph, Nik Salida Suhaila Nik Saleh, Lok Yim Pheng and Godfrey Gregory Joitol.

All five started their tenure as Suhakam commissioners in 2016 during then prime minister Najib Abdul Razak's administration.

Each term lasts three years. Section 5(4) of the Human Rights Commission of Malaysia Act 1999 (Suhakam Act) does not allow a third term.

Mah said he had not heard of potential names being floated for the new term.

“This isn’t the first time because three years ago… there was also a delay of about two months.

“Is it a coincidence or something deliberate?” he questioned.

Members’ appointment

Suhakam members are appointed by the Yang di-Pertuan Agong on the recommendation of the prime minister in consultation with an appointment committee chaired by the chief secretary of the government.

According to Section 11 of the Suhakam Act, the committee must also consist of the chairperson of Suhakam and three members of civil society who have practical experience in human rights matters, appointed by the prime minister.

In previous cycles, there have been incidents where there were gaps of several months before new batches of commissioners were appointed.

Two weeks ago, international human rights groups said the delay in the appointment of Suhakam commissioners has seriously impacted Suhakam’s ability to defend human rights in Malaysia.

They also demanded answers as to why the 2021 Suhakam annual report had yet to be tabled in Parliament.

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