16 17 Functions and Powers of The Commission SUHAKAM will continue to advocate for the withdrawal of the reservations to the treaties above, as well as for the accession to the remaining 6 treaties which are: The Commissioners as the governing body of the Commission, are empowered with authority to perform the statutory functions and to exercise the powers of the Commission in its name, as set out in Section 4 of Act 597. i. International Convention on the Elimination of All Forms of Racial Discrimination (ICERD); According to the Act, the functions of the Commission are: i. To promote awareness of and provide education in relation to human rights; ii. To advise and assist the Government in formulating legislation and administrative directives and procedures and recommend the necessary measures to be taken; iii. To recommend to the Government with regard to the subscription or accession to treaties and other international instruments in the field of human rights; and iv. To inquire into complaints regarding infringements of human rights. Its mandates and functions are delivered through various Divisions within the Commission as described below: MANDATE DIVISION To promote awareness and provide education on human rights Education and Training Division To advise and assist the Government in formulating legislation and administrative directives and procedures Law and International Treaties Division ii. International Covenant on Civil and Political Rights (ICCPR); iii. International Covenant on Economic, Social and Cultural Rights (ICESCR); iv. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT); v. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW); vi. International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED). Besides the remaining six core instruments, Malaysia has yet to fully embrace the importance of acceding to the Rome Statute of the International Criminal Court or the Convention Relating to the Status of Refugees 1951 and Protocol Relating to the Status of Refugees 1967. The accession and adoption of international instruments, and the domestication of international human rights instruments to local legislations, will require amendment of or drafting of new national laws. Promotion and Outreach Division Economic, Social and Cultural Rights Division To provide recommendation to the Government on accession to international human rights instruments Law and International Treaties Division To inquire into complaints regarding human rights infringements Complaints and Monitoring Division To visit places of detention and make recommendations Complaints and Monitoring Division To issue public statements on human rights as and when necessary International Coordination and Media Relations Division To undertake any other appropriate activities The relevant Divisions/depending on the issues/ activity The Office of Children’s Commissioners (OCC) was officially established within the ambit of SUHAKAM, in August 2019. The Children’s Commissioner (CC) focuses mainly on advocating, advising, promoting and protecting children’s rights nationwide, corresponding with core SUHAKAM operational mandates. One of SUHAKAM’s mandate is to recommend to the Government on the accession to international human rights treaties. Out of 9 international human rights treaties, Malaysia has to date, only acceded to three which are the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Convention on the Rights of the Child (CRC) and Convention on the Rights of Persons with Disabilities (CRPD). In acceding to these treaties, the Government had exercised its rights to include ‘reservations’ on certain articles, and protocols to the treaties. Photo by MUHAMMAD SAIFUL BIN MUCHSIN