A/HRC/13/45 9.3. Malaysia: National Human Rights Commission of Malaysia (SUHAKAM) Recommendation: The SCA recommends that the A status be maintained. The SCA welcomes the passage of the two Human Rights Commission of Malaysia (Amendment) Acts of 2009, and expresses its appreciation for the constructive approach taken by SUHAKAM in pursuing both sets of amendments with the government. The SCA notes, in particular, improvements to the legislation that, amongst other things: • Increases the term of office from two to three years • Creates a selection committee that includes representation of members of civil society with knowledge of or experience in human rights • Includes pluralism as an element in the selection of Commission members The SCA notes, however, that these amendments may not, in practice, address all the concerns that were raised in previous sessions. While the introduction of a selection committee has addressed in part the Paris Principles requirement for a clear, transparent and pluralist process for the selection of new members, the SCA notes that: • The selection of civil society representatives on the committee is at the sole discretion of the Prime Minister; and • Decisions of the selection committee are only recommendatory, since the Prime Minister is required to consult with, but is not bound to accept its decisions The combination of these two factors leaves open the potential for political interference that may impact adversely on the transparency and participatory nature of the selection process. The SCA refers to Paris Principles B(1) and to its General Observations 2.1 “Ensuring pluralism” and 2.2 “Selection and Appointment of the Governing Body”. The SCA also notes the proposal to develop Key Performance Indicators (KPIs) to be used in situations where a member is being considered for re-appointment, and in cases of dismissal. While acknowledging the value of such indicators in making clear the expectations placed on Commissioners, the SCA noted that the KPIs are yet to be adopted. It is therefore not in a position to assess whether the concerns expressed in the March 2009 session “that the KPI’s must be clearly established; appropriately circumscribed, so as not to interfere in the independence of members; and made public” have been addressed. In this regard the SCA again refers to its General Observation 2.9 “Guarantee of tenure for members of governing bodies”. The SCA notes that both the new selection process and the KPI’s will be in effect for the selection of new or renewing members in April 2010. The SCA will therefore consider these issues at its second session in 2010. 9.4. Nepal: National Human Rights Commission (NHRC) Recommendation: The SCA recommends that the consideration of the NHRC be deferred to its next session. The SCA notes that there have been further delays in the drafting of the NHRC legislation, which has not been introduced into and adopted by the Parliament. The SCA is therefore not in a position to undertake a review at this time. The SCA notes the ongoing drafting process and encourages the NHRC to engage with government to promote the development of legislation in full compliance with the Paris Principles. 34 GE.10-10278