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