Groups censure Suhakam after chair sues officer for defamation

Suhakam has courted flak for turning to the courts over an internal dispute, which critics claim could be construed as a Strategic Lawsuit Against Public Participation (Slapp).

Slapp suits are regarded as using the law to censor, intimidate, or silence critics by burdening them with the cost of a legal defence.

At a press conference in Petaling Jaya today, 16 organisations criticised Suhakam chairperson Rahmat Mohamad for suing the commission’s deputy secretary Shahizad Sulaiman last month.

This came in the wake of Shahizad filing a formal internal complaint on April 10 against Rahmat (above) over allegations of racial discrimination and abuse of power.

Claiming the chairperson’s action implied “reprehensible power play”, Suaram executive director Sevan Doraisamy, who represented the organisations, said the matter could have been resolved within the institution.

“(It is) an act that is likely to have been deliberately initiated with the intent to intimidate, drain financial resources and inflict psychological and emotional stress against the initial complainant,” he charged.

Suaram executive director Sevan Doraisamy

It was pointed out that Shahizad’s complaint was filed under Section 12 of the Suhakam Act 1999 which empowers Suhakam to act on its own motion to inquire into allegations of infringement of human rights, in addition to acting on complaints submitted to it.

Apart from urging Suhakam to disclose the measures taken to investigate the formal complaint, the 16 organisations also called on the commission to set up an independent task force to examine the allegations.

The groups also recommended that Rahmat vacate the chief commissioner post until the investigation is completed.

In its response, Suhakam said the defamation suit was not filed over the internal complaint but because of the “slander communicated before the official complaint was filed”.

Speaking to Malaysiakini, the commission revealed that during one of its meetings, it decided that any formal internal complaint cannot be filed under Section 12 of the Suhakam Act.

The commission clarified that it lacks the authority to investigate any complaint pertaining to itself, as doing so would potentially give rise to conflicts of interest and compromise the commission's independence.

However, on the growing concerns, Suhakam said it would commit to an internal audit and collaborate with the MACC to appoint an integrity officer within the institution promptly.

Defamation suit withdrawn

In addition to this, Suhakam disclosed that Rahmat has withdrawn the defamation lawsuit and emphasised that all allegations in the complaint will be thoroughly investigated, regardless of whether they involve commission members or Suhakam employees.

Suhakam also pledged its commitment to eradicating all forms of racist practices and ensuring that it operates as a national human rights institution free from discriminatory behaviours.

“Suhakam will expedite the formulation of internal policies regarding office discrimination, sexual harassment, whistleblower protection, and racism within 30 days from today.

“The commission also hopes that no party will politicise this issue and instead focus on the agenda of strengthening human rights in Malaysia,” it said.

Core mission at risk

Meanwhile, the 16 organisations expressed concern that such a move to sue would discourage legitimate whistleblowers from stepping forward and compromise Suhakam’s credibility.

Describing the allegations against the chairperson as “alarming”, the groups said the commission’s core mission of upholding human rights is at risk.

“Firstly, it risks provisions of non-discrimination including the basis of race in the Federal Constitution and the Universal Declaration of Human Rights, both of which form the cornerstones of Suhakam’s human rights mandate.

“It is also noteworthy that the allegations may also breach Suhakam’s commitment to addressing racial discrimination as explicitly outlined in its 2021-2025 strategic plan.

“Secondly, the racial discrimination allegation can jeopardise Suhakam’s A-status as a national human rights institution by violating the principle of plurality in the composition of the institution as set out in the Paris Principles,” Sevan said.

The 16 organisations are:

1) Suaram
2) Aliran
3) All Women’s Action Society (Awam)
4) Citizens Against Enforced Disappearances (Caged)
5) Centre for Independent Journalism (CIJ)
6) Justice for Sisters (JFS)
7) Parti Sosialis Malaysia (PSM)
8) Sisters in Islam (SIS)
9) Student Progressive Front UUM (SPFUUM)
10) Suara Siswa UUM
11) Tunku Abdul Rahman Association of New Youth (Tarany)
12) Teoh Beng Hock Trust for Democracy
13) Undi18
14) University of Malaya Association of New Youth (Umany)
15) University Tunku Abdul Rahman Kampar Student Representative Council 22/23
16) Voice of Youtharian

- Mkini