Jakim doesn't have oversight of Suhakam - lawyers

 

The Islamic Development Department (Jakim) does not have oversight on what the Human Rights Commission (Suhakam) studies, said constitutional and syariah lawyers.

This came following tensions over Suhakam’s plans to research possible legislation to recognise the third gender.

“As it stands, Jakim is a department under the Prime Minister's Department where it has, among others, the mandate of merely functioning as a federal coordinating agency for the various Islamic State Religious Departments in Malaysia.

“Consequently, Jakim does not directly have any 'oversight' over Suhakam,” syariah lawyer Nizam Bashir told Malaysiakini yesterday.

“Nevertheless, because of its mandate of coordinating state religious departments, it may still be sensible to take note of what may have been expressed by Jakim,” he added.

Constitutional lawyer New Sin Yew said Suhakam’s establishment under the Human Rights Commission of Malaysia Act enshrined its status as an independent body.

Therefore, he said, “they are not beholden to the executive, including Jakim.”

On June 14, Suhakam advertised a vacancy for a research position to study the feasibility of drafting legislation to recognise the third gender in Malaysia on its social media channels.

This brought a swift response from Jakim the next day, demanding clarification from the human rights commission over the study.

De facto Religious Affairs Deputy Minister Ahmad Marzuk Shaary

In a Facebook statement on June 16, de facto Religious Affairs Deputy Minister Ahmad Marzuk Shaary claimed that Jakim had the right to receive an explanation from Suhakam due to “its duty and role to address an issue that sparks concern for the Muslim community”.

However, New said the proposed study to recognise a third gender was incidental to Suhakam’s functions under Section 4 of the Suhakam Act.

Section 4 of the Act states, among others, that its duties are to promote awareness of human rights and to advise and assist the government in formulating legislation.

New added that Section 4(2)(a) of the same Act also gave the commission a legal right to conduct research for the purpose of discharging its duties.

Suhakam commissioner Hishamudin Yunus has also asserted that the commission should be given the space to conduct research into the third gender.

Hishamudin has also said that being transgender is a “medical condition” that cannot be treated and will plague a person for life.

In the project’s terms of reference document, Suhakam said that legal gender recognition was essential for transgenders to thrive and live with dignity, and to protect them from violations and degrading treatment. - Mkini