Non -judicial redress mechanism

There is some other non-judicial redress mechanism available in order to review the decision of the
authorities. Non-judicial redress means the redress will not be as formal as the court. It has the legal
force and at the same time it is not too formal. (enacted by law) One of me most famous non-judicial
redress mechanism in the world are Human Rights Commission. Fist and foremost, Human Right
Commission in general is a non-judicial entity, non-judicial body. We need Human Rights Commission
because after the World War II, the world or the United Nation see the importance of having a Human
Rights Commission to protect human rights of the people from being abuse by the authority.
Sometimes, we need to have a dedicated body to protect Humans Right. usually when our rights are
breached. There is a declaration of human rights signed in 1948. Under this declaration, the UN
suggested that there must be a Human Rights Commission also known as a Human Relation
Commission, which set up to investigate, promote and protect the Human Rights.

The Malaysian context, the federal constitution protects the human rights. In Malaysia, the protection to
our rights is enshrined under the Federal Constitution but of course the one who advocate such rights is
the Human Rights Commission of Malaysia. The Human Rights Commission of Malaysia was established
in 1999. There is a dedicated statute to SUHAKAM. All the aspect of SUHAKAM is mentioned in the act.

Human rights Commission was established a bit late, it was only in 1999. The definition of Human Rights
in Malaysia is enshrined under Section 2 of the Human Rights Commission Act 1999. Human rights is
reflected to the fundamental liberties enshrined in Part II of the Federal Constitution in Malaysia.
Anything that is breached under Part II of the Federal Constitution in Malaysia may come under
SUHAKAM because their main function is to protect Human Rights. There are several functions of
SUHAKAM and these function are set up under Section 4 (1) of the Human Rights Commission Act which
are to raise awareness of and educate on human rights, to advise and assist Government in drafting
legislation and procedures and recommend the appropriate measures to be taken, to recommend to the
Government with regard to subscription or accession of treaties and other international instruments in
the field of human rights, to investigate into complaints concerning the violations of human rights.

In order to execute its function, SUHAKSAM should be empowered by law because SUHAKAM cannot do
their jo if they don’t have the power to do it. Section 4(2) empowered the SUHAKAM to the following.
First, they can conduct the programs, seminar and workshop. To advise the Government and/or relevant
authorities of the complaints against them and to suggest appropriate measures to be taken, to study
and review any violation of human rights. Next, SUHAKAM also have the power to visit prisons or places
of detention because most of human rights infringement take place thereto make sure whether the
authority follow the SOP or not, to issue public statements on human rights as and when necessary, to
undertake appropriate actions as are necessary. So basically, SUHAKAM is given many powers and all are
within the confinement of Human Rights.

One of the main powers of SUHAKAM is vested under S.12. SUHAKAM have the power to do inquiries
when it comes to breach of Human Rights. SUHAKAM can do such inquiries based on the complaint.
However, the complaint must be made by an aggrieved person or a group of persons who were being
aggrieved, or a person acting on behalf of an aggrieved person.

Section 14(1) of SUHAKAM states that where SUHAKAM, the Commission can make an inquiry but in
order to do the inquiry it will be useless if SUHAKAM is not being empowered by the law to do the
inquiry. These are the powers vested to SUHAKAM in regards to inquiry under Section 14 (1). S 14 (1) (a)
states that in order to do an inquiry, SUHARAM has the right to gather evidence, can compel or force
people to produce the evidence written on orally and can call people to be witnesses. S 14 (1) (b) states
that SUHAKAM can ask us to administer an oath. S 14 (1) (c), only allow person to be summon if the
person is residing in Malaysia. S.14 (1) (d), everything when it comes to producing evidence, we have an
act in the court. In regard to evidence, we have a law, which is known as Evidence Act 1950.

Not all evidence is admissible in court even though it can be an evidence. However, S.14 (1) (d) provides
exception where SUHAKAM can disregard that even though under the Evidence Act, the evidence is
admissible. However, of course SUHAKAM can admit that evidence. So, this means that SUHAKAM is
allowed to admit the evidence that is not regarded as evidence under the Evidence Act if they want. S.14
(1) (e), SUHAKAM can admit the public where they can provide the of the inquiry to the public.

Under section 23, SUHAKAM have the power to make regulations if they want to regulate their own
offences. The proper section is not Section 23 but S 22. Where under Section 22, the minister has the
power to make regulations to bring the provision into facts including the procedures in conducting of
inquiries.

Subramaniam Vythiligam v Human Rights Commission [2003]. Int his case the court held that the
power to hold inquiry is entirely vested to SUHAKAM. For example, if someone lodge a complaint to
SUHAKAM, but SUHAKAM did not want to do an inquiry on that particular thing. Thus, it is up to
SUHAKAM but, once SUHAKAM decide to an inquiry, people cannot challenge or questioned the power
of SUHAKAM to do inquiry because it is already vested in the act.

Section 5 of SUHAKAM states the Members of the Commission and term of office which refers to the
mode of appointment of the members of minister of SUHAKAM. According to Section 5 (1), in
SUHAKAM, there should be not be more than 20 members. Under Section 5 (3), some members are
from religious background, some might have political background, or from the education industries, So,
basically, they are from various background. Under Section 5 (4), A member of the Commission can hold
office for three years of period and is eligible for reappointment once again for another period of three
years. In compliance with Section 5 (5), The Prime Minister may determine effective mechanisms,
including appropriate key performance indicators, to evaluate the performance of the members of the
Commission in carrying out their functions and duties under this Act. The Prime Minister yield a
significant role of SUHAKAM. The member of SUHAKAM are appointed by the YDPA by the advice of the
Prime Minister. The assessments under subsection 5 should be together with subsection 6. If the YDPA
wants to appoint the commission of the members, the advice under subsection 5 is important for the
removal of any members of the commission under section 10 where the Prime Minister has a significant
power when it comes to the terms of SUHAKAM.

Next, Section 11A states that the Committee to be consulted with regard to appointment. Section 11A
(1) states that for the purpose of Subsection 5 (2), the committee of for appointment should consist of
Chief Secretory to the Government who shall be the Chairman, the Chairman of the Commission and
three other members, of civil society who have knowledge of or practical experience in human rights
matters, to be appointed by the Prime Minister. The role of this particular committee is to advice the
Prime Minister in terms of appointment of the members of SUHAKAM and thus the Prime Minister will
advise the YDPA.
The appointment of the Chairman and Vice- Chairman is stated under Section 6. First, they will appoint
the members, then among the members the Yang di-Pertuan Agong will decide who will become the
Chairman of the commission. Next, in regards to remuneration, Section 8 states that the YDPA is the one
who advice the remuneration and allowance that should be paid.

The limitations are stated in Section 12 (2). The commission cannot do an enquiry as according to
Section 12 (3), if before the case has been proceed to the court and the victim has already made a
complain to the commission of SUHAKAM. But then in the middle of the inquiry, the court had taken
over the case where the court prosecute the case in the court, the inquiry made by SUHAKAM has to
stop even though in the middle if the inquiry. Therefore, even SUHAKAM has several limitations.