CHAPTER 5 - REPORT OF THE INTERNATIONAL ISSUES AND COOPERATION COMMITTEE In response, the Government, at a post-Cabinet meeting on 30 August, informed the Commission that it would make the KPIs public once they were adopted. The Government also assigned the principal officer in the Prime Minister’s Department responsible for KPIs to have further deliberations with the Commission on the subject. During a briefing session for the Commissioners and senior staff members, the officer clarified that it was entirely up to the Commission to formulate its KPIs and to make them public. The Government would merely take note of them. While the Commission welcomes the introduction of KPIs as a tool to assess the performance of its members in discharging their functions and duties, it also submits that the issue of whether the KPIs could interfere with the independence of the Commission members can only be assessed after they have been implemented and used by the Government in the reappointment or dismissal of Commissioners. On 13 October, the SCA conducted a Special Review to assess the concerns it had raised at the previous session. On 22 October, the SCA informed the Commission of the review outcome and the retention of the Commission’s ‘A’ status.1 In its report, the SCA took cognizance of the Commission’s efforts in pursuing the legislative changes and further encouraged the Commission to ensure that the finalisation of KPIs did not restrict its ability to review and revise its priorities, based on its assessment of the human rights situation. The SCA opined that the KPIs should not be used to infringe on the functional independence and organisational and financial autonomy of a national human rights institution (NHRI). In ensuring the Commission’s cooperation with other NHRIs and human rights institutions, the SCA also recommended that the Commission should work closely with civil society organisations, as well as continue seeking the advice and assistance of the Office of the High Commissioner on Human Rights (OHCHR) and the Asia Pacific Forum of National Human Rights Institutions (APF). Recognising the fact that Malaysia had ratified the Convention on the Rights of Person with Disabilities (CRPD) on 19 July, the SCA recommended that the Commission pursue its appointment as the National Monitoring Mechanism (NMM) in accordance with Article 33.2 of the CRPD. The Commission noted with gratitude the SCA’s continued confidence in it. The Commission took immediate steps to follow up on the SCA’s recommendations, particularly in approaching the Government for the appointment of the NMM role. 1 The result was formally endorsed by the ICC Bureau in December. 83

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