Chapter 3- Report of the Research and Policy Development Group
A set of General Observations has been developed over the years to serve as a more detailed
interpretation of the Paris Principles and to further guide the SCA in assessing NHRIs. The
revised text of the General Observations was adopted in May, leading to a more rigorous
accreditation system and raising the bar for NHRIs. The Commission believes that this reflects
the evolving nature of the ICC accreditation system, and will entail a lot more effort by NHRIs to
strengthen their mandate and enhance efficacy in discharging their duties.
The ICC adopted three new General Observations relating to the quasi-judicial competency of
NHRIs, assessment of NHRIs as national preventive and national monitoring mechanisms, and
assessment of the performance of NHRIs.
The Commission’s founding legislation – the Human Rights Commission of Malaysia Act (Act
597) – was amended twice in 2009 to address the SCA recommendations in the Commission’s
last re-accreditation exercise. Essentially, the amendments were in relation to the tenure,
composition and appointment process of Commissioners.
Since then, the Commission has been mulling additional amendments to strengthen Act 597
and widen its mandate and powers. It plans to submit a proposal to the Government to bring
amendments into force to:
•
•
•
•
•
•
•
•
•
Strengthen the selection process of Commissioners;
Appoint full-time and/or part-time Commissioners;
Increase the period of the Commissioners’ term;
Enable the Commission to conduct unannounced visits to places of detention;
Enable the Commission to undertake mediations;
Formalise a consultation process by the Government with the Commission in the
formulation or amendment of laws;
Ensure that adequate funds are allocated to the Commission annually via Parliament;
Enable the Commission to play an amicus curiae role in selected court cases that
involve alleged human rights violations; and
Ensure that the Commission’s Annual Report is debated in Parliament.
Although the Commission’s ‘A’ status under ICC accreditation will not be reassessed by the SCA
until 2015, the proposed amendments are in line with the spirit of the accreditation process. On
account of this, and to foster better results in upholding human rights, the Commission deems
these amendments necessary and hopes that the Government will give due consideration to the
proposal.
The Commission attended the ICC Annual Meeting held in May at the United Nations Office in
Geneva, Switzerland. Discussion of the thematic human rights issues included:
•
•
•
•
•
96
20 years – the Vienna Declaration and Plan of Action, the Paris Principles and the ICC;
Report of the Special Rapporteur on Human Rights Defenders;
Follow-up to the Amman Declaration on Rights of Women and Girls;
Post-2015 Agenda and the Role of NHRIs; and
Right to Participation.