Suhakam commissioner must decide on political activities or resignation - Expert

SHAH ALAM - The nomination of Human Rights Commission of Malaysia (Suhakam) Commissioner Datuk Hasnal Rezua Merican Habib Merican as a candidate for a political party raises concerns about potential conflicts of interest and the ability to remain impartial.

Legal expert Kokila Vaani Vadiveloo opined that Suhakam is meant to be an independent and unbiased body dedicated to promoting and defending human rights.

"Commissioners are expected to act apolitically and refrain from engaging in political activities to maintain public trust and credibility.

"Considering this, Hasnal must decide whether to abstain from political activities during his tenure or consider resigning from one of his positions to uphold Suhakam's integrity," she told Sinar Daily when contacted.

She said the Suhakam Act 1999 (Act 97) does not explicitly prohibit individuals with political affiliations from serving as Suhakam commissioners, but the potential for conflicts of interest is evident.

"If a Suhakam commissioner is also a candidate for a political party, there could be questions about their ability to fulfill their duties impartially, especially if their political affiliation conflicts with the principles they are supposed to defend," she added.

Lawyer Mohamed Haniff Khatri Abdulla expressed concern that serving as both a human rights commissioner and a member of parliament could lead to conflicts of interest.

"Political decisions and party affiliations might impact the commissioner's objectivity in addressing human rights violations.

"Even if a commissioner maintains impartiality, there may still be a perception of bias from the public and human rights advocates, affecting the credibility of both the commissioner and Suhakam," he said.

To maintain the integrity and credibility of human rights commissions, Hasnal should, at the very least, refrain from engaging in political activities and decisions related to politics while holding the position of Suhakam commissioner, Haniff added.

Meanwhile, former Suhakam member and human rights consultant Jerald Joseph, echoed calls for Hasnal's immediate resignation, citing concerns over his independence and political affiliation.

"The appointment of a political party leader to such a position underscores the need for careful scrutiny in future appointments to ensure commissioners are perceived as independent and can inspire public confidence in their impartiality.

"Independence, both in practice and perception, is crucial for commissioners to effectively carry out their responsibilities and maintain credibility," he said.