Pelan Tindakan Hak Asasi Manusia Kebangsaan (NHRAP)

THE HUMAN RIGHTS COMMISSION OF MALAYSIA
(SUHAKAM)
By
Encik Francis Johen Ak Adam
Commissioner, SUHAKAM
THE ESTABLISHMENT OF SUHAKAM
 Established by the act of Parliament, under the
Human Rights Commission of Malaysia Act 1999 (Act 597).
The Act was amended twice in 2009 following the
recommendations of the ICC Sub-Committee on
Accreditation in relation to SUHAKAM’s compliancy with the Paris Principles.
The Act provides that Universal Declaration of Human Rights 1948 (UDHR) shall
be given due regard to the extent that it is not inconsistent with the Federal
Constitution.
The Human Rights Commission of Malaysia (SUHAKAM)
CHARTER OF SUHAKAM
The Commission under Act 597, with due compliance with the Paris
Principles relating to the Status of National Institutions:
ASSERTS its mandate to promote and protect human rights in
Malaysia;
ADHERES to the Universal Declaration of Human Rights (UDHR), to
the extent that it is not inconsistent with the Federal Constitution;
RECOGNISES the diversity of the culture, religions and moral values
in a multi-racial society;
RECOGNISES that human rights continue to be universally
developed.
The Human Rights Commission of Malaysia (SUHAKAM)
SUHAKAM’s Main Functions
To promote awareness of and
provide education in relation to
human rights
To recommend to the
Government regarding
accession to international
human rights instruments
To advise and assist the
Government in formulating
legislation and procedures and
recommend the necessary
measures to be taken
To inquire into complaints
regarding infringements of
human rights
Powers of SUHAKAM
 In discharging its functions, SUHAKAM may exercise the following
powers:
To promote awareness,
undertake research
and disseminate
results of research
To advise authorities
of complaints against
them and make
recommendations
To study and verify any
infringement of
human rights
To visit places of
detention and make
recommendations
To issue public
statements
To undertake any other
appropriate activities as
are necessary
MEMBERS OF THE COMMISSION
2013-2016
Tan Sri Hasmy Agam
(Chairperson)
Mr. Francis Johen
Professor Datuk Dr.
Mahmood Zuhdi
Hj. A. Majid
The Human Rights Commission of Malaysia (SUHAKAM)
Datuk Dr Khaw Lake Tee
(Vice Chairperson)
Mr. James
Nayagam
Mr. Sylvester
Madating
Prof. Dato’ Dr.
Aishah Bidin
WORKING GROUPS & COMMITTEES
1.Education & Public Relations Group (EPRG)
2.Research & Policy Development Group
(RPDG)
3.Complaints, Inquiries & Monitoring Group
4.Human Resource, Budget & Training
Committee
5.Publication Unit
The Human Rights Commission of Malaysia (SUHAKAM)
BRANCH OFFICES
 Kuching, Sarawak
 Kota Kinabalu, Sabah
Organization Structure
Education and Public Relations Group (EPRG)
• Education and Promotion Division
• Public Relations Division
• Publications Division
Complaints, Monitoring and Inquiries Group (CMIG)
• Complaints and Monitoring Division
• Inquiries Division
Research and Policy Development Group (RPDG)
• Research and Policy Development Division
• International Coordination Division
Corporate Services
•
•
•
•
Human Resources
Finance
ICT
Library
Organization Chart
Secretary
Corporate
Services
ICT
Human
Resources and
Management
Sabah
Office
Finance
Sarawak
Office
Library
Research and
Policy
Development
Division
Research and
Policy
Development
Group
Education and
Public
Relations
Group
Education
and
Promotion
Division
Public
Relations
Division
International
Coordination
Division
Complaints,
Monitoring and
Inquiries Group
Publications
Division
Complaints
and
Monitoring
Division
Inquiries
Division
Areas of Priority for 2014
Death in Police Custody
Health of the prisoners in
Detention Centres
Engagement with the Regional
and International Mechanisms
Regional level:
1.
2.
Active member of the South East Asia National Human Rights
Institutions (NHRIs) Forum (SEANF).
Full Member of the Asia Pacific Forum for NHRIs (APF).
International level:
1.
2.
3.
2.
An ‘A’ status and Bureau member to the International
Coordinating Committee.
A member of the Commonwealth Forum of NHRIs (CFNHRIs)
Participation in the Human Rights Council (HRC) General
Sessions
Engagement with UN Treaty Bodies (CRC, CEDAW and CRPD
Committees) and Special Procedures and UPR mechanism.
The Human Rights Commission of Malaysia (SUHAKAM)
PUBLIC INQUIRIES
Since its inception to date, SUHAKAM has conducted 9 public inquiries into the
alleged human rights violations. They include:
1. 2001: Public Inquiry Into the November 5th Incident At The Kesas Highway;
2. 2002: Public Inquiry Into the Condition of Detention under the ISA;
3. 2004: Public Inquiry Into the Alleged Violations of Human Rights in Kundasang;
4. 2006: Public Inquiry Into the Incident at KLCC on 28 May 2006;
5. 2006: Public Inquiry Into The Death In Custody of S. Hendry
6. 2008: Public Inquiry Into the Allegation of Excessive Use of Force by Law Enforcement
Personnel during the Incident of 27th May 2008 at Persiaran Bandar Mahkota
Cheras 1, Bandar Mahkota Cheras;
7. 2010: Public Inquiry Into the Arrest of Five Lawyers of the KL Legal Aid Centre; and
8. 2011 : Public Inquiry into allegations of violations of human rights, including, the use
of excessive force by the authorities prior to and during the public assembly
(BERSIH Rally) on 9 July 2011.
9. 2011: Public Inquiry into allegations of violations of human rights, including, the use
of excessive force by the authorities during & after the public assembly (BERSIH
Rally) on 28 April 2012.
The Human Rights Commission of Malaysia (SUHAKAM)
NATIONAL INQUIRY
 In 2011, SUHAKAM embarked on its first National Inquiry
Into the Land Rights of Indigenous Peoples (IPs)
following numerous complaints and memoranda it
has received over the years on alleged infringements
of the rights of the Indigenous Peoples to their
customary land.
 The terms of reference:
 To determine the constitutional, legal, administrative
The launching of the National Inquiry into the
Land Rights of the Indigenous Peoples
and political recognition of the Indigenous Peoples’ right to land and their effectiveness in protecting and
promoting the Peoples’ right to land;
 To inquire into the land rights situation of the Indigenous Peoples and the impact of the recognition or
non-recognition of the Indigenous Peoples’ right to land on their social, economic, cultural and political
rights, taking into consideration relevant international and domestic laws.
 To identify the constraints which impede the full enjoyment of the Indigenous Peoples’ right to land in
accordance with their needs and requirements.
 To create and promote more awareness, knowledge and understanding of the Indigenous Peoples’ right
to land and their way of life.
 On the basis of the facts and determinations arising from the National Inquiry, to develop
recommendations to the Federal and State Government relating but not limited to the following: the review of domestic land laws and other related laws and policies, with a view to incorporating a human rights focus
therein, addressing, in particular ,the problems faced by Indigenous Peoples in their land claims; and
 the formulation of strategies and a plan of action with the aim of protecting and promoting the Indigenous Peoples’
right to land as an indivisible and integral part of the protection and promotion of their other human rights.
The Human Rights Commission of Malaysia (SUHAKAM)
Various activities
Visits to
Indigenous Peoples
Settlement
Human Rights
Workshops /
Trainings
Dialogues with
Community
The Human Rights Commission of Malaysia (SUHAKAM)
ACTIVITIES
Receiving Memoranda
The Human Rights Commission of Malaysia (SUHAKAM)
ACTIVITIES
Visits to Place of Detentions
The Human Rights Commission of Malaysia (SUHAKAM)
ACTIVITIES
Consultation sessions for the National Inquiry on
Land Rights of the Indigenous Peoples
The Human Rights Commission of Malaysia (SUHAKAM)
ACTIVITIES…
Monitoring of public assemblies
Exhibitions
The Human Rights Commission of Malaysia (SUHAKAM)
SUHAKAM’S Publications
 The Annual Reports
 The Human Rights Journals
 The Review of ISA (Internal
Security Act)
 The Public Inquiries' Reports
All publications are also available
online at www.suhakam.org.my
The Human Rights Commission of Malaysia (SUHAKAM)
Thank you!
Suruhanjaya Hak Asasi Manusia Malaysia
Tingkat 8, Tun Jugah Tower
18, Jalan Tunku Abdul Rahman
93100 Kuching
Tel: 082 - 234650, Faks: 082 - 254937
URL: http://www.suhakam.org.my
E-mel: [email protected]