Sections 10, 22 and 23 of the Act provide for the authority and/or consent of the Human Rights Minister to make regulations or code of conduct. SUHAKAM reports that in practice, the Prime Minister does not interfere with the independence and operations of the institution. 

SUHAKAM reports that it is in the process of proposing amendments to remove the authority of the Minister over the operation and independence of the institution as enshrined in the law, including proposing regulations. 

The current provisions of the enabling law empowering the Minister to determine regulations, code of conduct, and dismissal procedures, among others, undermine the independence of SUHAKAM. The SCA highlights that NHRIs should be independent from government in its structure, composition, decision-making and method of operation, as well as empowered to consider and determine its strategic priorities free from political interference. 

The SCA therefore recommends that SUHAKAM continues to advocate for amendments to its enabling law to guarantee and strengthen its functional and operational independence. 

The SCA refers to Paris Principles B.1, B.2, B.3, C(a) and to its General Observations 1.9 on ‘Political representatives on NHRIs’.