Introduction

Non-judicial redress means:
To be given remedial mechanisms, but not more formalized than judicial norms and
procedures, in order to obtain claims that can be pursued via rules and procedures that are
greater than those available to political or voluntary campaigns.
About administrative steps

A NON JUDICIAL NON-JUDICIAL REDRESS MECHANISM : HUMAN RIGHTS COMMISSION

Non-judicial entity  
Following World War II, the need to protect human rights became more significant.
. The Declaration of Human Rights was signed by the General Assembly of the United
Nations in 1948.
The Human Rights Commission is an agency designed to investigate, support or protect
human rights and is also known as a human relations Commission.

THE MALAYSIAN CONTEXT:

The Human Rights Commission of Malaysia (SUHAKAM)

The Human Rights Commission of Malaysia ('SUHAKAM') was established by the Human
Rights Commission of Malaysia in 1999, and the agency for promoting these rights is the
fundamental concept of human rights in the Federal Constitution.
The Human Rights Committee of Malaysia Act 1999, Act 597 established SUHAKAM. Section
2 of the Malaysian Human Rights Commission Act 1999 defines human rights; refers to basic
freedoms as enshrined in Part II of the Federal Constitution;

The Human Rights Commission of Malaysia (SUHAKAM) :

FUNCTIONS

§ The functions of SUHAKAM as set out in Section 4(1) of the Human Rights Commission of
Malaysia Act 1999 are:
§ to promote awareness of and provide education relating to human rights;
§ to advise and assist Government in formulating legislation and procedures and
recommend the necessary 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 inquire into complaints regarding infringements of human rights.

The Human Rights Commission of Malaysia (SUHAKAM) :

POWERS
§ Under Section 4(2) of the Human Rights Commission of Malaysia Act 1999, the
Commission is empowered to do the following:
-to conduct research through programs, workshops and seminars and
-to diffuse the results of such research and to distribute them;
-inform and recommend suitable steps to be taken to the government and/or competent
authorities of allegations against them;
-to investigate and check any human rights violations;
-to visit places of detention and provide the necessary recommendations, in line with
procedures prescribed by laws concerning places of detention;
-to make public declarations as and when necessary on human rights;
-to carry out suitable acts as necessary.

The Human Rights Commission of Malaysia (SUHAKAM) :

POWERS
§ Section 12(1)
The Commission may investigate an allegation of human rights violations of that person or
group of persons, by its own motion, or in a complaint lodged by an accused or group of
persons or on behalf of an accused.

§ Section 14
(1) For the purposes of the inquiry under this Act, the Commission shall have the authority
—
(a) acquiring and receiving all such evidence in writing or orally as is required or desirable
for procurement or examination by the Commission as witnesses;
(b) includes any witness' proof, whether written or verbal, on a testimony or affirmation,
such oath or affirmation being what the witness will need if he or she offers proof in a court
of law and to administer or cause an oath or affirmation to any of these witnesses by an
officer approved in this respect by the Commission;
(c ) to summon any person residing in Malaysia to attend any meeting of the Commission to
give evidence or produce any document or other thing in his possession, and to examine him
as a witness or require him to produce any document or other thing in his possession;
(d) to admit notwithstanding any of the provisions of the Evidence Act 1950 [Act 56], any
evidence, whether written or oral, which may be inadmissible in civil or criminal proceedings;
and
(e) to admit or exclude the public from such inquiry or any part thereof.

In accordance with s 23-

If permission is received from Ministers, the Commission has authority to undertake
inquiries and regulatory powers.

Subramaniam Vythiligam v Human Rights Commission [2003] 6 CLJ 175

One Kampung Medan was targeted by violence sometime in March 2001 and many people
died in it. In contravention of its legislative obligation, the plaintiff charged that the
defendants ('Suhakam') refused to carry out an inquiry into the incident and in the
circumstances applied for directions to be complied by Suhakam. 4and 12 of the Malaysian
Human Rights Commission ("the Act"), 1999 and of the damage caused by the summons
dated 17 April 2002 of RM 50 million ("incl. (1)"). Suhakam applied to strike the enclosure by
appointment in the Chambers of 29 May 2002. (1) under O. (1) R 18 .
The High Court Rules of 1980 ('RHC') and 19(1)(a), (b) and (d) are inherent to the Court
('encl. (4)'). About four months before the enclosure hearing. 4, an enclosed objection
raised by the plaintiff. As O limbs (a) and (b). (4) has been procedurally defective. Eighteen r.
19 herein, given the disjunctive aspect, were cumulatively added together. Suhakam argued
that the methodological objection aside. 4 as the cause of the claimant should, if any, lay
remedies under public law and that the applicant ought to have proceeded through the
judicial review pursuant to O, rightly. 4. 53 RHC, not by initial calls. It was further averred
that the plaintiff, having suffered no personal injury or financial losses as a result of the
incident, had no locus standi to institute the present suit

the High Court held that it was entirely up to Suhakam to hold an inquiry or not to, and the
courts cannot interfere. However, once Suhakam decides to hold an inquiry, its mandatory
powers can never be challenged. he Police felt that at most Suhakam can only “interview”
witnesses on a voluntary basis without powers of compulsion

The Human Rights Commission of Malaysia (SUHAKAM) :

Members of the Commission and term of office

Members of the Commission and term of office

5. (1) No more than twenty members shall be members of the Board.

(2) On a recommendation of the Premier to consult a commission referred to in Section 11A

before giving his advice, members of the Commission shall be appointed to the Yang di-
Pertuan Agong.

(3) Men and women of different religions, politics, and races who have knowledge of, or
experience of, human rights issues shall be appointed to the Commission.

(4) For a period of three years, a member of the Commission shall have office and may be re-
appointed for another 3-year term, once.

(5) The Prime Minister may determine suitable mechanisms, including appropriate key
performance indicators, to assess the

Human Rights Commission of Malaysia 9 performance of the members of the Commission in

carrying out their

functions and duties under this Act.

(6) Such assessment shall be taken into consideration—

1. (a)  by the Prime Minister before tendering his advice to the Yang di-Pertuan Agong
for the reappointment of any member of the Commission under subsection (4); and
 2. (b)  for the removal of any member of the Commission under section 10.

The Human Rights Commission of Malaysia (SUHAKAM) :

Committee to be consulted with regard to appointment

Section 11A.

(1) A committee consisting of the following persons shall be set up for the purposes of
paragraph 5(2):

(a) the Representative of the Government Chief Secretary; (a) the Representative;

(b) the Commission President; and (b)

(c) the Prime Minister's appointment of three additional members of civil society with
knowledge or practical experience in human rights matters.

The Human Rights Commission of Malaysia (SUHAKAM) :

Chairman and Vice-Chairman

Section 6.

(1) One of the members named under section 5 is elected by Yang di-Pertuan Agong to be the
President of the Commission

The Human Rights Commission of Malaysia (SUHAKAM) :

Remuneration

Section 8

(1) Such remuneration and compensation as may be decided by Yang di-Pertuan Agong shall
be paid to the President of the Commission.

(2) At such levels as Yang di-Pertuan Agong can decide, every member of the Commission
shall receive allowances.

The Human Rights Commission of Malaysia (SUHAKAM) :

LIMITATIONS

S12 (2) No complaint concerning claims of human rights violations shall be investigated by
the Tribunal, which

(a) shall be the subject of any proceedings, including appeals, pending in any court;
(b) any court was finally established.

It needs to stop if:

The Commission must automatically terminate its inquiry when the Commission inquired
into an allegation in compliance with paragraph 12(1) and the complaint is pending before
any tribunal during that inquiry. S12(3)