Commissioners of SUHAKAM are appointed by the King on the recommendation of the Prime Minister as per Section 5(2) of the Human Rights Commission of Malaysia Act 597 (the Act). The Act also requires that the Prime Minister shall consult a selection committee. The members of the committee, as per Section 11 of the Act include the Chief Secretary to the Government, SUHAKAM Chairman, and three representatives of civil society organizations with human rights knowledge, appointed by the Prime Minister. The secretariat functions of the committee are carried out by the Legal Affairs Division of the Prime Minister’s Office while the Committee is chaired by the Government’s Chief Secretary. 

Highlighting its previous concerns, the SCA notes that the lack of a legal requirement for recommendations by the Prime Minister to be made from the list of candidates determined by the independent Selection Committee, leaves open the potential for political interference. The SCA also re-emphasizes that the current selection process as enshrined in the law is not sufficiently broad and transparent. 

The SCA acknowledges reports that SUHAKAM is preparing a proposal to address these concerns. SUHAKAM is therefore recommended to continue to advocate for the adoption of amendments to the Act to ensure that the process requires the advertisement of vacancies, along with clear and uniform criteria upon which the Selection Committee assesses the merit of applicants. The SCA also recommends that the amendments should provide for broad consultation and / or participation in the application, screening, selection and appointment process, as well as independent functioning of the Committee. 

The SCA refers to Paris Principle B.1 and to its General Observation 1.8 on ‘Selection and appointment of the decision-making body of NHRIs’.