Azalina clarifies ‘no active politics’ for Suhakam commissioners not a new concept

Principle already applies to members of committee vetting commissioner appointments, says law minister

4:50 PM MYT

 

KUALA LUMPUR – The proposed ban on those in active politics from becoming Malaysian Human Rights Commission (Suhakam) members is not a new concept as it is currently applied to members of the committee that vets commissioners’ appointments.

Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said told the Dewan Rakyat today when winding up the debate at the committee stage on the Human Rights Commission of Malaysia (Amendment) Bill 2023, that similar provisions exist in the main act in Section 11A(4).

It states that members of the committee to vet commissioners’ appointments cannot be actively involved in politics, nor can they be registered with any political party.

“A lot of you (MPs) have been talking as if this is a (form of) discrimination. With regard to being politically active, it has been in existence since 1999, in Section 11A, Clause 4, with regard to the members of the (appointments) committee.

“We are now extending this to the commissioners,” Azalina said in response to several MPs who earlier asked for clarification on a proposed amendment to the Suhakam Act that would bar those active in politics from being appointed as commissioners.

The amendment states that those who are “actively involved in politics” and who are “registered with any political party” shall not be appointed as commission members.

This saw MPs questioning the definition of “active” and whether a commissioner could even be a political party member. Some MPs also said it violated individuals’ right to freedom of association.

Azalina (Pengerang-BN) said the amendment will ensure consistency between those responsible for vetting commissioners’ appointments and those who become commissioners.

“We don’t want the perception that there is a biased decision (appointment). It is not about discrimination or to highlight politicians,” she said.

“If you are saying that this is new, it is not, it has existed since 1999. We have expanded it from the criteria for members of the (appointment) committee to be applied to the commissioners themselves.”

She added that while a candidate for Suhakam commissioner would have to state their membership of a political party and declare that they are not active in politics, it would still be for the appointments committee to verify and make a decision.

Suhakam commissioners are appointed by the Yang di-Pertuan Agong on the advice of the prime minister, who before giving his advice to the king, has to consult with the appointments committee. The members of this committee are the chief secretary to the government as its chairman, the Suhakam chief commissioner, and three other eminent persons to be appointed by the prime minister.

Azalina completed her response to MPs’ other questions on the bill to amend the Suhakam Act, which was then passed by the Dewan Rakyat by a voice vote. – November 29, 2023

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