PLACES INSTITUTION’S HUMAN RIGHTS MANDATE IN JEOPARDY
16th June 2023 — We, the undersigned civil society organisations and political parties, are alarmed by the defamation suit filed by the Chairperson of SUHAKAM - Prof. Dato’ Dr. Rahmat Bin Mohamad - against the Deputy Secretary of SUHAKAM – Shahizad bin Sulaiman – after the latter filed a formal complaint in SUHAKAM against the former on allegations of racial discrimination and abuse of power in a new staff appointment.
The formal complaint was lodged by Shahizad on 10 April 2023 under Section 12(1) of the SUHAKAM Act. We have been duly informed that the legal suit filed by Prof Dato’ Dr. Rahmat on 24 May 2023 (WA-23NCvC-28-04/2023) constitutes an alleged attempt to circumvent internal investigations on the complaint, in light of Section 12(2) of the SUHAKAM Act that prohibits the national human rights institution (NHRI) from, or in the case when investigations commence, to cease inquiring into “any complaint relating to any allegation of the infringement of human rights is the subject matter of any proceedings pending in any court, including any appeals; or has been finally determined by any court”.
The use of external legal mechanisms by the higher leadership in response to an internally-filed complaint by a staff member which by default should have been resolved within the institution implies reprehensible power play. The Chairperson already had at his disposal the opportunity to undergo the internal processes in his attempt to obtain redress and due justice. Thus, this act of filing a civil defamation suit by the Chairperson may be further construed as Strategic Lawsuit Against Public Participation (SLAPP), an act that is highly likely to have been deliberately initiated with the intent to intimidate, drain financial resources, and/or inflict psychological and emotional stress against the initial complainant.
The Chairperson’s act, if not censured, can impose a climate of fear and deter whistleblowers who may have legitimate complaints from coming forward, thus potentially compromising institutional transparency, accountability and integrity - undesirable consequences which can only undermine the credibility and effective functioning of SUHAKAM.
The two allegations concerning the Chairperson of SUHAKAM are also of grave concern, as they can put the NHRI’s human rights mandate at risk. The allegation pertaining to racial discrimination is especially of prominent concern on two fronts. Firstly, it risks contravening corresponding provisions of non-discrimination including on the basis of race in the Federal Constitution and the Universal Declaration of Human Rights, both of which form the cornerstones of SUHAKAM’s human rights mandate. It is also noteworthy that this allegation may also breach SUHAKAM’s commitment to addressing racial discrimination as explicitly outlined in its 2021-2025 strategic plan. Secondly, the racial discrimination allegation can jeopardise SUHAKAM’s A-status as a NHRI with which it was accredited in 2021, by violating the principle of plurality in composition of the institution as set out in the Paris Principles.
As the bastion of human rights in the country that plays a pivotal role in promoting and mainstreaming human rights implementation and monitoring, it is crucial that SUHAKAM upholds its fundamental principles of non-discrimination, inclusivity, transparency and accountability for all sectors including its own staff. As such, as it now becomes a matter of public interest, we strongly call upon:
SUHAKAM to disclose updates and measures undertaken to investigate the formal complaint filed on 10 April 2023 by the Deputy Secretary of SUHAKAM;
SUHAKAM to set up an independent task force, comprising external stakeholders, that can fairly and independently investigate the aforementioned allegations against and retaliatory measures initiated by the Chairperson, and;
the Chairperson, relatedly, to take leave from his duties pending the outcome of the investigation.
Endorsed by:
1. Suara Rakyat Malaysia (SUARAM)
2. ALIRAN
3. All Women’s Action Society (AWAM)
4. Citizens Against Enforced Disappearances (CAGED)
5. Centre for Independent Journalism (CIJ)
6. Justice for Sisters (JFS)
7. Parti Sosialis Malaysia (PSM)
8. Sisters in Islam (SIS)
9. Student Progressive Front UUM (SPFUUM)
10. Suara Siswa UUM
11. Tunku Abdul Rahman Association of New Youth (TARANY)
12. Teoh Beng Hock Trust for Democracy
13. UNDI18
14. University of Malaya Association of New Youth (UMANY)
15. Universiti Tunku Abdul Rahman Kampar Student Representative Council 22/23
16. Voice Of Youtharian 优大青年之声