Reflections on the Human Condition - Api-fellowships.org

and understanding towards Commission’s activities
among general public. Capacity-building of CHR
personnel is also necessary to make information and
education activities more effective. However, the serious
lack of resources limits the conduct of such activities.
Moreover, such problems - political intervention and
lack of resources - are more seriously affecting the
smaller communities because the close relationship
makes BHRAO’s independence from local politics more
difficult. It is especially true when BHRAOs depend
financially on barangays; the smaller the community
is, the more difficult to secure independence of human
rights mechanism such as BHRACs. The appropriate
size of the community where such mechanism is
installed should be examined.
In addition to such problems, socio-cultural, and
psychological factors were also mentioned by Regional
officers as inhibiting factors for people to bring their
complaints, such as family interventions as well as
the tradition of personal retaliation. Socio-cultural/
psychological factors may be also inter-related with
problems of the system, as the ineffectiveness of the
public agencies may trigger people’s distrust, which
may push people to resort to illegitimate solution such
as personal retaliation.
MALAYSIA
In Malaysia, research was conducted through interviews
and the review of existing documents, including
information materials, reports, journals, and other
relevant publications. The first priority was to interview
and review documents of SUHAKAM. But to obtain
the wider perspective about its work, interviews were
extended to the Ministry of Education and schools,
NGOs, and academes.
Functions of Human Rights Commission in Malaysia
(SUHAKAM)
SUHAKAM is a statutory body, established by the
Human Rights Commission of Malaysia Act 1999
(Act 597). The functions prescribed in the Act are as
follows:
- to promote awareness of and provide education in
relation to human rights;
-
-
to advise and assist the Government in formulating
legislation and administrative directives and
procedures, and recommend the necessary measures
to be taken;
to recommend to the Government with regard to
the subscription or accession of treaties and other
SOCIAL JUSTICE, HUMAN RIGHTS AND CIVIL SOCIETY
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international instruments in the field of human
rights; and
to inquire into complaints regarding infringements
of human rights referred to.
SUHAKAM received 614 complaints in 2004, and
about 70 % of them were allegation of human rights
violations. About one-forth of violations were those by
government agencies and local authorities, and another
one-forth were complaints related to land-ownership.
In fact, considering that SUHAKAM is under many
legal and structural limitations, SUHAKAM’s effort
to promote human rights is quite impressive. Such
limitations and difficulties that SUHAKAM deals with
will be discussed below.
Legal Limitation on its Mandate, Structure, and
Powers
SUHAKAM’s position as an NHRI is widely perceived
to be under legislative and structural limitations. First is
the appointment process of the commissioners and the
chairperson. According to the Act, the King appoints
and re-appoints them as advised by the Prime Minister.
The periods of tenure of both commissioners and the
chairman are limited to two years. Such procedure was
determined by government through fast process without
public consultation. Thirty eight NGOs submitted
a critical memorandum to government, in which
democratic selection process through establishment of
selection committee, as well as longer periods of tenure
was suggested to secure independence and continuity of
SUHAKAM.
Second is the scope of “human rights” that SUAHKAM
can work on, which is confined to Part II of the Federal
Constitution (Article 5-13, Fundamental Liberties) by
the Act. However, there are also a series of domestic
legislations that restrict those Constitutional rights,
such as Sedition Act, Internal Security Act, and others.
Federal Constitution also contains provisions that
provide for the enactment of such emergency and
public order laws.
Third is the prohibition of SUHAKAM’s involvement
in cases either in process or already determined by
the courts. Fourth, Commission does not possess free
visitorial power to prisons and detention centers, but
it is required to comply with procedures of the relevant
places of detention. Fifth is its total dependence
on Government for its budget, as the Act prohibits
SUHAKAM to receive any foreign fund. Although
there is a critical discussion among NGOs in developing
Ref lections on the Human Condition: Change, Conflict and Modernity
The Work of the 2004/2005 API Fellows