SUHAKAM ANNUAL REPORT 2018 CH A PT E R 1 The proposals cover the following aspects: i. Selection of Members of Commission – it is proposed that all Commissioners be appointed by Yang di-Pertuan Agong on the advice of Parliament and that the selection of Commissioners be carried out by Parliament through an open and transparent process; ii. Composition of the Commission – it is proposed that the statutory limit of 20 members is maintained and for some of them to be appointed on a full-time basis so as to ensure that Commissioners are committed to their roles and to avoid any conflict of interest at any level; iii. Terms of the Commission – it is recommended that the term of office for the Commissioners be extended to a one-time term of five years as it would enable SUHAKAM to discharge its functions and oversee the implementation of its activities and recommendations more effectively; iv. Disqualification of Commissioners – it is proposed that the requirement for the chairman to obtain leave from the Minister be removed; v. Power to Visit Places of Detention – it is proposed that SUHAKAM be given a statutory mandate to visit places of detention without prior notice in order for the Commission to ensure these places comply with human rights principles; vi. Power to Undertake Mediation – it is suggested that express provisions be included in the Act to vest in the Commission the power to mediate; vii. Consulting SUHAKAM on the formulation and amendments of laws – it is proposed that a new provision be included to make it mandatory for the government to consult the Commission on the formulation of and/or amendments of laws before they are tabled in Parliament for deliberation viii. Funds of the Commission – it is proposed that the funds of the Commission be sourced directly from Parliament, after reviewing the Commission’s annual budget proposal; ix. Relations with the Judiciary - it is suggested that a new provision for SUHAKAM to appear as amicus curiae in court cases be inserted in the Act to further accentuate the Commission’s role in assisting the judiciary in relation to human rights issues; x. Powers Relating to Inquiries – it is suggested that a punitive provision, relating to the Commission’s power to obtain documents, information or any other things, be introduced for failure to comply with such a notice from the Commission; and another for the protection of the Commission’s witnesses against any harassment or intimidation by any institution, agency or individuals; xi. Conduct of Inquiries by SUHAKAM – it is recommended that Section 12(3) of the parent Act be amended to be clear and unambiguous with regard to the words “cease to do the inquiry”; 53