NON-JUDICIAL REDRESS

IN RESPECT OF
ADMINISTRATIVE ACTIONS
CHAPTER 3
Contents
• Introduction
• Non-judicial redress

• Human Rights Commission

• SUHAKAM

• Establishment

• Powers

• Limitations

• Example of matters attended

Introduction
• What is Non-judicial redress?
• Toreceive claims that can be pursued via rules and procedures that
are more formalized than those applying via political campaigns or
voluntary business provided redress mechanisms, but less formalized
than judicial rules and procedures.

• They therefore go beyond corporate self-regulation but stop short of

legal regulation.

• In respect of administrative action

Human Rights Commission
• Non-Judicial Entity.
• The need to protect human rights became more
important after World War II.
• The Declaration of Human Rights was signed by the
General Assembly of the United Nations in 1948.
• A Human Rights Commission, also known as
a Human Relations Commission, is a body set up to
investigate, promote or protect human rights.
SUHAKAM
Malaysia: The Human Rights Commission of
Malaysia (SUHAKAM)

• The initiative began with Malaysia’s active

participation in the United Nations Commission
on Human Rights (UNCHR) in 1993-95 when it
was elected as a member of the Commission by
the United Nations Economic and Social
Council.

• Human Rights Commission Act 1999

Establishment
• Established by Parliament under the Human Rights Commission of
Malaysia Act 1999, Act 597. The Act was gazetted on 9 September 1999.
• Section 3(1) and (2) of Human Rights Commission Act 1999.

• Mission: To strive as a National Human Rights Institution to promote,

protect and fulfill human rights for all in Malaysia on the basis of equality
and non-discrimination, through: action, education, engagement and the
empowerment of society; the promotion of the understanding of human
rights; and the integration of human rights into all aspects of life
• Vision: A society in which human rights are fully respected and enjoyed
equally by all
Powers
• Section 4(1) of Human Rights Commission Act 1999
• Section 4(2) of Human Rights Commission Act 1999
• Section 4(4) of Human Rights Commission Act 1999
• Section 2 of Human Rights Commission Act 1999
Powers
• Section 23 of Human Rights
Commission Act 1999
• Section 12(1) of Human Rights
Commission Act 1999
• Section 14 of Human Rights
Commission Act 1999

But…
• Section 12(2) of Human Rights
Commission Act 1999
Case(s)
• Subramaniam Vythiligam v Human Rights Commission [2003] 6 CLJ 175
• Other case?
Examples?
• Education

• Gender equality

• Human trafficking

• Stateless children

• Preventive detention