Chapter 3 - Report of the Research and Policy Development Group
One of the tasks of the ICC Bureau is to consider and
endorse the recommendations of the ICC Sub-Committee
on Accreditation (ICC-SCA), which is responsible for
evaluating and assessing an NHRI’s compliance with
the Paris Principles and to recommend an accreditation
status for that NHRI. The Paris Principles are a set of
minimum standards, by which NHRIs should abide to
ensure the effective implementation of its duties and
mandate. ‘A’ status under the ICC accreditation system
denotes full compliance with the Paris Principles, ‘B’
status means partial compliance, while ‘C’ status reflects
non-compliance. The accreditation status of an NHRI
is reviewed every five years by the ICC-SCA to promote
continued conformity with the Paris Principles.
The Commission
strongly hopes that the
Government would give
due consideration to
the recommendations
with a view to adopting
them. An enhanced
SUHAKAM Act would
not only promote
better outcomes in
the fulfilment of the
Commission’s functions,
but would also be in line
with ICC-SCA’s call for
greater compliance with
the Paris Principles.
The Commission was last accredited in 2010 and is due
to be reviewed for re-accreditation in October 2015.
Despite its current ‘A’ status, the Commission is mindful
of the evolving nature of the ICC accreditation process,
which progressively sets higher standards for NHRIs.
On this account, the Commission made a submission in
December 2013 to the Government via the Minister in the
Prime Minister’s Department, YB Datuk Paul Low Seng
Kuan, proposing that the Commission’s founding law, the
Human Rights Commission of Malaysia (SUHAKAM) Act, be amended to further strengthen the
Commission’s mandate and powers to allow greater efficacy in the promotion and protection
of human rights in Malaysia. In essence, the proposal included recommendations that seek to:
i.
Further strengthen the selection process of Commissioners;
ii.
Appoint full-time and/or part-time Commissioners;
iii.
Increase the period of the Commissioners’ terms;
iv.
Enable the Commission to conduct unannounced visits to places of detention;
v.
Enable the Commission to undertake mediations;
vi.
Formalise a consultation process between the Government and the Commission in the
formulation or amendment of laws;
vii.
Ensure that adequate funds are allocated to the Commission annually via Parliament;
viii. Enable the Commission to have an amicus curiae role in selected court cases that
involve alleged human rights violations; and
ix.
Ensure that the Commission’s Annual Report is debated in Parliament.
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