A/HRC/13/45
• While the CCDH is composed of members coming from different political,
ideological and religious backgrounds, neither the 2000 Regulations nor the Draft
Law provides any legal requirements to ensure the pluralism of the institution’s
membership and staff composition. The SCA refers to General Observation 2.1
“Ensuring pluralism”.
• The CCDH is developing an internal regulatory document dealing with appointment
and dismissal of members. The SCA recommends that selection, appointment and
grounds for dismissal be in accordance with the Paris Principles. The SCA refers to
General Observations 2.2 “Selection and appointment of the governing body” and
2.9 “Guarantees of tenure for members of governing bodies”.
• None of the CCDH’s members occupies a permanent full-time position. The SCA
refers to General Observation 2.8 “Full-time Members”.
• There is indication that the CCDH exercises only limited budgetary autonomy and
that the budget may not be sufficient for the CCDH to carry out a protection function
in conformity with the Paris Principles. The SCA refers to General Observation 2.6
“Adequate funding”.
• The Draft Law does not provide CCDH members with functional immunity. The
SCA refers to General Observation 2.5 “Immunity”.
• It recommends that the CCDH further develop relationships with civil society. The
SCA refers to General Observation 1.5 “Cooperation with other human rights
institutions”.
5.4.
Malaysia: National Human Rights Commission of Malaysia (SUHAKAM)
Recommendation: The Sub-Committee recommends, pursuant to Article 16.3 of the ICC
Statute, that consideration of SUHAKAM be deferred to its next session. SUHAKAM
retains its “A status” during this period.
The Sub-Committee welcomes the entry of the Bill to Parliament (i.e. amendment to
the 1999 Human Rights Commission of Malaysia Act), which was passed by the House of
Representatives on 25 March 2009 and is currently before the Senate. It notes that some of
the concerns it raised at its April 2008 session have been addressed (e.g. the expansion of
the term of office to 3 years renewable).
However, the Sub-Committee (“SCA”) notes that the legislation is not yet finalised
and that not all the issues it raised at its April 2008 Session have been addressed in the
amended legislation, namely the following:
• Although the appointment process has been strengthened by the recent legislative
amendments, the SCA expresses its disappointment that the amendments do not
make the process more transparent through a requirement for broad based
participation in the nomination, review, and selection of Commissioners. The SCA
notes that this process may be further strengthened through inclusion and
participation of civil society. The SCA refers to its General Observations 2.1
“Ensuring pluralism” and 2.2 “Selection and Appointment of the Governing Body”.
• The SCA expresses its concern with regard to the inclusion of performance
indicators, as established by the Prime Minister, used in relation to re-appointment
or dismissal decisions. While acknowledging the value of such indicators in making
clear the expectations of Commissioners, it stresses that such requirements must be
clearly established; appropriately circumscribed, so as not to interfere in the
independence of members; and made public. The SCA refers to its General
Observation 2.9 “Guarantee of tenure for members of governing bodies”.
24
GE.10-10278
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