MPs from all political parties should apologise to the nation for their gross dereliction of duty in failing to  provide strong  “back-up” to  Suhakam to “protect and promote” human rights by giving serious consideration to the first Suhakam annual report


Media Statement
by Lim Kit Siang

(Petaling Jaya,  Tuesday) MPs from all political parties should apologise to the nation for their gross dereliction of duty in failing to  provide strong  “back-up” to  Suhakam to “protect and promote” human rights by giving serious consideration to the Suhakam reports.  

In April last year, Suhakam submitted its first Annual Report 2000 to Parliament, as statutorily required by section 21(1) Suhakam Act 1999 which states that the Human Rights Commission “shall not later than the first meeting of Parliament of the following year, submit an annual report to Parliament of all its activities during the year to which the report relates”. 

In October 2001, Suhakam submitted a special report on “Freedom of Assembly” to Parliament,  with recommendations of short-term and long-term measures to give meaning to the fundamental right of freedom of assembly as entrenched in Article 10 of the Malaysian Constitution.  

The submission of Suhakam reports to Parliament is an important part of the process to “protect and promote human rights” as it would provide a regular opportunity  for the highest political and legislative chamber of the land to monitor and review the progress made by Suhakam in the discharge of its statutory duty to protect and promote human rights.  

Parliament has however  failed in its “oversight” responsibility over Suhakam in not having a special debate on every Suhakam report or in establishing an all-party Standing Committee on Human Rights to go through the Suhakam reports, including summoning Suhakam Commissioners to examine them on their recommendations and activities of the previous year to protect and promote human rights – to commend them where Suhakam has done well but to reprimand and admonish where Suhakam has shirked its statutory duties.  

As a result, MPs cannot blame Suhakam for failing to truly discharge its statutory role to protect and promote human rights, when Parliament had itself had  been most remiss in carrying out its “oversight” responsibilities over Suhakam.  

Members of Parliament from all political parties should apologise to the nation for such a serious lapse on their human rights responsibility and give an undertaking that they would be more diligent and conscientious in their parliamentary duties with regard to their oversight powers and responsibilities over Suhakam.  

One of chief human rights concerns of Parliament when it reconvenes on June 17 is to uphold and restore the powers of Suhakam to directly  submit its report to Parliament without any  Executive interference  – as the second Suhakam Annual Report 2001 had not been submitted to Parliament as statutorily required in the last Parliamentary meeting in March/April as it had been hijacked by the Foreign Ministry.  

Parliament must make it very clear next month that the Foreign Ministry has no business or power to demand that Suhakam can only submit its annual report to Parliament through Wismaputra, as the Human Rights Commission Act 1999 did not confer on the Foreign Ministry the special statutory monopoly of being the postman for Suhakam’s annual reports.  

In this connection, I am surprised that the Suhakam secretary, Kamaruddin Mohamed Baria, had given a completely different version as to why the Suhakam Annual Report 2001 had not been submitted to the last meeting of Parliament as required by its parent Act.

Kamaruddin told Nanyang Siang Pau last Saturday that the failure to comply with the statutory requirement to submit the Suhakam Annual Report 2001 in the last Parliamentary meeting “could be caused by  Suhakam not being able to finalise the annual report  in time”.  

I am shocked by Kamaruddin’s equivocation, which is most deplorable coming from the Suhakam secretary who should know better than anyone else the reason why the Suhakam annual report 2001 had not been submitted to Parliament at its last meeting.  

Kamaruddin should do amends to the slurs he has cast on the Suhakam Commissioners and state specifically when the Suhakam annual report 2001 was approved by the Suhakam Board, and when it was sent to the Ministry of Foreign Affairs for submission to Parliament.

(28/5/2002)


*Lim Kit Siang - DAP National Chairman