Chapter 3 - Report of the Research and Policy Development Group 7. PROPOSED AMENDMENTS TO THE HUMAN RIGHTS COMMISSION OF MALAYSIA ACT 1999 (ACT 597) Since its inception, the Commission has expressed concern about the limitations of its founding law, which have had a bearing on its independence and effectiveness. In 2002, the Commission had proposed several amendments to rectify the shortcomings.14 The Act was amended in 2010 towards greater transparency in the selection and appointment process of the Members of the Commission, among other provisions.15 This came about in response to the impending move by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights to downgrade the Commission to ‘B’16 status, thereby affecting its right to speak on human rights issues at major UN organs. In order for the Commission to ensure prisons and detention centres are complying with human rights principles, it is imperative that the Commission is given the statutory mandate to visit such places without prior notice. Notwithstanding these amendments, the Commission is of the opinion that Act 597 should be further reviewed to increase the Commission’s effectiveness, clarify ambiguous provisions and to bring the Act fully in line with the Paris Principles. For this purpose, the Commission extensively considered proposals on the appointment of Commissioners; whether to appoint full-time or part-time Commissioners; unscheduled visits to detention centres; and power to intervene in court cases. The Commission eventually decided to recommend an amendment of its power to visit places of detention. The existing provision requires the Commission to notify the relevant authority prior to any such visit. In order for the Commission to ensure that prisons and detention centres are complying with human rights principles, it is imperative that the Commission is given the statutory mandate to visit such places without prior notice. This recommendation was submitted to the Government in December. 14 15 16 88 The Commission’s Annual Report 2002, Chapter 3(v) – Review of the Human Rights Commission Act of Malaysia 1999, p46-48; central to the proposal were amendments to sections governing the appointment, removal and term of the members of the Commission. In addition, the proposals to enhance its effectiveness included provisions (i) to enable the Commission to conduct unexpected visits to places of detention; (ii) to enhance the level of cooperation between the Executive and the Commission; and (iii) the right to lodge complaints with the Commission and immunity for those complainants. See amendments to Section 5(2) and (4); and insertion of a new Section 11A. ‘A’ status denotes National Human Rights Institutions that fully comply with the Paris Principles and hence have the right to intervene at international human rights mechanisms or UN meetings; ‘B’ status denotes partial compliance with the Paris Principles; the participatory role is limited, with no speaking rights, at UN meetings.