The Malaysian government is aiming to achieve as a fully developed country by 2020 as expressed in Wawasan 2020. One of the aspects that has been emphasized through decades after its declaration by the former Prime Minister, Tun Dr. Mahathir on 28 February 1991 is the human rights among its nation. In able to have the effect into promoting the awareness of upholding human rights, every Malaysian citizen has to clarify doubts about their own rights. This includes the right to vote freely, freedom of religion, equality of religion, independence of the legal system, freedom from torture, freedom of speech, freedom from discrimination, et cetera. Governmental and non-governmental organizations have been pursuing their roles in highlighting issues of human rights violation and fighting for the justice and peace.
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.
Section 2 of this Act defines "human rights" as referring to the "fundamental liberties as enshrined in Part II of the Federal Constitution".
The functions of SUHAKAM as set out in Section 4(1) are:
- To promote awareness of and provide education relating to human rights;
- To advise and assist Government in formulating legislation and procedures and recommend the necessary measures to be taken;
- To recommend to the Government with regard to subscription or accession of treaties and other international instruments in the field of human rights;
- To inquire into complaints regarding infringements of human rights.
Furthermore, section 4(4) of the Act provides that regard shall be had to the Universal Declaration of Human Rights 1948 (UDHR) to the extent that is not inconsistent with the Federal Constitution. This means that whatever rights and liberties not mentioned in Part II but referred to in the UDHR must be considered provided that there is no conflict with the Constitution.
The function of inquiring into complaints about human rights infringements is subject to the conditions imposed by section 12 of the Act. Section 12 empowers SUHAKAM to act on its own motion to inquire into allegations of infringement of human rights, in addition to acting on complaints submitted to it. SUHAKAM, however, may not investigate complaints which are the subject matter of proceedings pending in a court of law or which have been finally decided by any court. Such investigations have to cease if the matter being investigated is brought before the courts.
Power
The Act provides SUHAKAM with powers to enable it to discharge its functions effectively. Under section 4(2), the Commission is empowered to do the following:
- To undertake research by conducting programs, seminars and workshops and to disseminate and distribute the results of such research;
- To advise the Government and/or relevant authorities of complaints against them and to recommend appropriate measures to be taken;
- To study and verify any infringement of human rights;
- To visit places of detention in accordance with procedures as prescribed by laws relating to the places of detention and to make necessary recommendations;
- To issue public statements on human rights as and when necessary to undertake appropriate activities as are necessary.
Other than that, non-governmental organisations such as Suara Rakyat Malaysia (SUARAM), National Human Rights Society (HAKAM) and Women's Aid Organisation (WAO) reflect how the Malaysian citizens initiate their mission into expending the knowledge of human rights among the society.
Despite the awareness, not every citizens in Malaysia understands the needs to pursue this goal (ignorance).
Back to the main agenda of this post, MERCY is likely to be the best example. MERCY, a Malaysian Medical Relief Society is a volunteer relief organization with the objective to provide medical and humanitarian services at home and abroad.
by Hazie Kan <3
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