SUHAKAM: The Human Rights Commission of Malaysia

You can complain to SUHAKAM, it can summon officials to give evidence on oath, and it can even hold a public inquiry — but when it concludes that your rights have been violated, no one is legally obliged to comply with its decision. This is the paradox behind Malaysia’s national human rights commission: broad investigative powers, paired with findings that are merely recommendatory.

SUHAKAM — the Human Rights Commission of Malaysia — was established under the Human Rights Commission of Malaysia Act 1999, or Act 597. This article explains what it can and cannot do, in terms of the text of the Act itself.

What is SUHAKAM and how was it established?

Section 3 of Act 597 establishes a commission known as the Human Rights Commission of Malaysia. It is a body corporate having perpetual succession, and it can sue and be sued in its own name.

Importantly, the Act defines the scope of its work. Section 2 states that “human rights” refers to the fundamental liberties as enshrined in Part II of the Federal Constitution. The Act also opens a wider horizon: section 4(4) provides that regard shall be had to the Universal Declaration of Human Rights 1948, but only “to the extent that it is not inconsistent with the Federal Constitution”. The Constitution remains the supreme reference.

Who sits on SUHAKAM?

SUHAKAM’s membership is provided for in section 5:

Matter	Provision (Act 597)
Number of members	Not fewer than seven and not more than twenty (s.5(1))
Power of appointment	The Yang di-Pertuan Agong, on the recommendation of the Prime Minister; the PM must first consult the section 11A committee (s.5(2), s.11A)
Eligibility	From among Malaysian citizens (s.5(3))
Term of office	Three years (s.5(4))
Reappointment	Eligible once only, for a further three years (s.5(4))
Chairman	Designated by the Yang di-Pertuan Agong (s.6)
Vice-Chairman	Elected by the members of the Commission themselves (s.6)

The Act also provides for the Yang di-Pertuan Agong to designate, from among the members appointed under section 5, one Chief Children Commissioner and two Children Commissioners to deal with human rights affairs relating to children (section 6A(1)). This section 6A provision was inserted through the amendment by Act A1714 (2024).

It should be noted that the Act does not state whether members serve full-time or part-time. In its feedback to GANHRI, SUHAKAM reported that its members serve part-time — a feature that has attracted comment from the angle of institutional independence and for which SUHAKAM itself has proposed an amendment to section 5(1). The quorum for all meetings of the Commission is two-thirds of the number of members (section 7).

What are its official functions?

Section 4(1) lists four core functions of the Commission:

• Promote and educate — foster awareness of and provide education relating to human rights.
• Advise the government — assist in formulating legislation and administrative directives and recommend the necessary measures to be taken.
• Recommend treaties — advise the government on the subscription or accession to treaties and international instruments in the field of human rights.
• Inquire into complaints — inquire into complaints regarding human rights violations referred to in section 12.

Section 4 also allows visits to any place of detention, institution and other places to make recommendations. Such visits cannot be refused by the person in charge of the place if the prescribed procedures have been complied with.

How far do its investigative powers reach?

This is where SUHAKAM has “teeth”. Section 12 allows it to inquire into an allegation of a human rights violation on its own motion (“on its own motion”) or on a complaint made by an aggrieved person or their representative. It does not have to wait for a complaint to act.

When conducting an inquiry, section 14 confers the power to:

• procure and receive all evidence, whether written or oral, and examine any person as a witness;
• require evidence to be given on oath or affirmation, as in a court;
• summon any person residing in Malaysia to attend to give evidence or produce documents;
• receive evidence that may not be admissible under the Evidence Act 1950; and
• allow or refuse members of the public to attend the inquiry (the basis for a public inquiry).

In short, SUHAKAM can gather evidence, hear witnesses on oath, and hold public hearings — powers that resemble those of a tribunal of inquiry.

Why are its findings not binding?

This is where its limits lie. Nowhere does Act 597 give SUHAKAM’s findings binding legal force. Two provisions make this position clear.

First, what happens after an inquiry. Section 13 separates two outcomes. If the inquiry does not disclose a violation, the Commission records that finding and informs the complainant (s.13(1)). If the inquiry does disclose a violation, the Commission has the power to “refer the matter, where appropriate, to the relevant authority or person with the necessary recommendations” (s.13(2)). That authority must then inform SUHAKAM of any action taken (s.13(3)) — but the Act does not oblige them to accept the recommendation. The key word is recommendation, not order.

Second, the boundary with the courts. Section 12(2) prohibits SUHAKAM from investigating any complaint that:

• is the subject matter of proceedings pending in any court, including on appeal; or
• has been finally decided by any court.

More firmly still, if a matter being investigated later becomes the subject matter of court proceedings, SUHAKAM “shall immediately cease” its investigation (s.12(3)). In other words, the judiciary always overrides SUHAKAM when both touch on the same matter.

How does SUHAKAM’s work reach the public?

The main channel of accountability is Parliament, not the courts. Section 21 requires SUHAKAM to submit an annual report to Parliament “not later than the first meeting of Parliament in the following year”, covering all its activities. The report must contain a list of all matters referred to it, the action taken, and the Commission’s recommendations for each matter (s.21(2)). The Commission may also submit special reports whenever it thinks fit (s.21(3)).

In practice, the tabling of these reports has been in arrears. Through its press statement, SUHAKAM confirmed that the Annual Reports for 2021 and 2022 were tabled and debated in the Dewan Rakyat on 27 June and 1 and 2 July 2024, bringing three reports (2020, 2021 and 2022) successfully tabled and debated in that session.

From the international angle, SUHAKAM is recognised as a national human rights institution of the highest status. The Sub-Committee on Accreditation (SCA) under the Global Alliance of National Human Rights Institutions (GANHRI) recommended that SUHAKAM be re-accredited with “A” status in its June 2021 report — a status that indicates substantial compliance with the Paris Principles.

What next

• Want to make a complaint? First check whether your matter is being, or has been, heard in court — section 12(2) bars SUHAKAM from taking it up if so.
• Understand the possible outcome. SUHAKAM’s findings are recommendations referred to the authorities; they are not a court order and do not replace legal action.
• Read the original text. The full provisions of Act 597 (including amendments) can be found in the official text on SUHAKAM’s website.
• For more context on the judicial structure that overrides SUHAKAM, see the related article on the civil and Syariah courts in Malaysia.