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The Human
Rights Commission of Malaysia (SUHAKAM) was established by
Parliament under the Human Rights Commission
of Malaysia Act 1999, Act 597. The Act was gazetted on
9 September 1999. The inaugural meeting of SUHAKAM was held
on 24 April 2000.
The initiative
to set up a national human rights institution in Malaysia
began with Malaysia's active participation in the United Nations
Commission on Human Rights (UNCHR) in 1993-95 when it was
elected as a member of the Commission by the United Nations
Economic and Social Council. Malaysia was honored in 1995
with the election of the leader of the delegation, Tan Sri
Dato' Musa bin Hitam, as the Chairman of the 52nd session
of the UNCHR. Malaysia was elected to serve a second term
in the UNCHR from 1996-98 and its third term from 2001-2003.
The impetus
for the Malaysian Government to finally consider the setting
up of a national human rights institution came from several
sources. Malaysia's active involvement in the UNCHR was one.
The international attention on human rights as a result of
the success of the 1993 World Conference on Human Rights in
Vienna where governments, including Malaysia, agreed that
human rights are universal and indivisible, and they recognized
the importance of setting up national human rights institutions,
also influenced the Government.
As leader
of the Malaysian delegation to the UNCHR, Tan Sri Musa, in
1994 first suggested to the Government that the time was right
for Malaysia to establish its own independent national human
rights institution. Several factors influenced this proposal:
the growing international emphasis on human rights and recognition
that it crosses boundaries and sovereignty; Malaysia's active
involvement in the United Nations system; the changing political
climate in Malaysia with a more politically conscious electorate
and dynamic civil society. By the mid-1990s, seven Asian countries,
including two from ASEAN - Indonesia and the Philippines -
had already established national human rights institutions,
while Thailand was in the midst of setting up its own.
On 24
April 1999, five years after the idea was first mooted, the
Foreign Minister, Datuk Seri Syed Hamid Albar, announced that
the Government would table a Bill in the July 1999 sitting
of Parliament to establish the Human Rights Commission of
Malaysia. The Bill was guided by the Paris
Principles of 1992 which provided the international criteria
by which an independent human rights commission should be
established, and also by the experience of established human
rights institutions, especially in the Asia-Pacific region.
On 3 April
2000, the Government announced the appointment of SUHAKAM's
first Chairman, Tan Sri Dato' Musa bin Hitam, and the 12 other
members of the Commission to serve a two-year term, which
is renewable. The appointments were made by His Majesty the
Yang DiPertuan Agong on the recommendation of the Prime Minister.
Although the Human Rights Commission of Malaysia Act allows
for the appointment of up to 20 members, it was decided that
SUHAKAM would begin its task with 13 members until such time
when more are needed. SUHAKAM members were selected to reflect
the diversity and pluralism of Malaysian society and also
on the basis of the experience, commitment, independence and
integrity of the individual.
In order
to carry out its duties and functions more effectively, specific
working groups was formed on education and promotions, law
reform, treaties and international instruments, economic,
social and cultural rights, and complaints and inquiries.
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| SUHAKAM's
temporary office at the Ministry of Foreign Affairs (2000) |
The SUHAKAM
secretariat began operating from a container cabin at the
Ministry of Foreign Affairs (Wisma Putra). This was due to
space constraints at the Ministry. The Commission finally
rented its own premises on the 29th and 30th floors of Menara
Tun Razak at Jalan Raja Laut, Kuala Lumpur and moved in on
24 November 2000. The building was chosen in particular for
its central location and easy access to the public.
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