Proham calls on the Government to ensure that there is a functioning Human Rights Commission at all times and not to repeat the past mistake in 2010 wherein the Government had failed to appoint new Commissioners upon the expiry of the terms of the then Commissioners appointed pursuant to the provisions of the Human Rights Commission of Malaysia Act 1999.
The Human Rights Commission
of Malaysia (SUHAKAM) has a statutory duty to function and the Commission must
be allowed to carry on with their duties effectively. A non-functioning SUHAKAM
is detrimental to the needs of the nation namely to ensure that there is no
infringement of human rights and if any to take immediate steps to remedy the
same.
Therefore, Proham urges the caretaker
Government to appoint new Commissioners before the expiry of the term of the
current Commissioners which falls on April 25, 2013. We recognise that we have a
caretaker government at the moment and we are in the general elections period but
this matter is of public importance that it should not be neglected.
We recognise that the Federal
Government had placed an advertisement in the newspapers in October 2012 which
is commendable and which enhances transparency and public participation in
appointment of Suhakam Commissioners. We also note that the Selection Committee
has met to review the candidate list. We therefore urge the caretaker Prime
Minister to seek Royal appointments based on the recommendation of the
Selection Committee prior to the expiry of the current term of the
commissioners.
The Najib administration will
be in danger of being accused of poor governance of administrative procedure and
a down planning of human rights concerns in Malaysia if these remedies are not undertaken
before April 25, 2013.
Proham is rather concerned
that SUHAKAM has not made public the report on the National Inquiry into Land Rights
of Indigenous Peoples. This was a massive undertaking by Suhakam and historical
in nature as this is the first ever National inquiry undertaken by Suhakam
since its establishment.
Over 892 statements were
received from indigenous people on allegations of dispossession of their
traditional lands especially among the natives of Sabah, Sarawak and Orang Asli
communities. In addition 57 public submissions were received. In this context Suhakam
conducted public hearings where 132 cases were reviewed in-depth with
indigenous people coming forward to give testimony as well as all relevant
agencies came forward to give account of their actions or inaction.
Proham acknowledges and
appreciates the hard work of Suhakam in the meticulous way it has undertaken the
National Inquiry. However with the impending expiry of the term of
Commissioners, it is imperative that Suhakam releases the report for public
review and study. Unlike the Suhakam Annual Report which needs to be submitted
to Parliament, an inquiry report is an independent review and therefore must be
released.
In not releasing the report
before the end of the tenure of the current Commission, Suhakam might be in
danger of non-disclosure of the facts gathered and the conclusions drawn. In addition
there might be a potential loss of public confidence which might be against the
human rights interest of disadvantaged indigenous people who came in large
numbers before the Commission with a great hope for justice in a matter so
badly neglected in the past.
Proham therefore calls on
the caretaker Prime Minister to take the right action in ensuring the
appointment of the new commission before the expiry date and also appeals to
the current Suhakam Chairman to take the bold step by releasing the National
Land Inquiry Report before the end of his term.
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Issued on behalf of Proham
by Tan Sri Simon Sipaun (Chairman), Datuk Kuthubul Zaman (Exco) and Datuk Dr Denison Jayasooria
(Proham Secretary General). April 17, 2013
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