Feasibility study on human rights tribunal underway, says Kulasegaran

New Straits Times

6 days ago

KUALA LUMPUR: The government has formally set up a feasibility study committee to explore the establishment of a Human Rights Tribunal in Malaysia, with findings expected to be finalised by October.
Deputy Minister in the Prime Minister's Department (Law and Institutional Reform), M. Kulasegaran, said the Feasibility Study Committee on the Human Rights Tribunal (JKKTHAM) was established in June, following an initial meeting chaired by him on Nov 21, last year to discuss the proposal.
He said five JKKTHAM meetings have been held, and the research team presented its preliminary findings to the committee earlier this month.
These findings include the conceptual and theoretical framework, an analysis of existing human rights mechanisms in Malaysia, a comparative study of international practices, and a proposed model for a Malaysian Human Rights Tribunal.
"A focus group discussion (FGD) involving stakeholders was held on July 17 in Kuala Lumpur and will be followed by zonal FGDs, including sessions in Sabah and Sarawak.
"The proposal to establish a Human Rights Tribunal is part of the Madani government's institutional reform efforts, aimed at creating a body that provides a more accessible alternative mechanism for victims of human rights violations to seek justice," he said.
He also assured that the establishment of the tribunal would be aligned with the Federal Constitution and would also take into account input from syariah (Islamic law).
Kulasegaran said the committee is chaired by former Court of Appeal judge Datuk Mah Weng Kwai and includes representatives from the Asean Intergovernmental Commission on Human Rights, Suhakam, the Malaysian Bar Council, academia, legal practitioners, relevant government agencies, and civil society organisations.
He was responding to a question from Teresa Kok (PH–Seputeh) on the update of the establishment of the tribunal and how the government would ensure Suhakam's recommendations are enforced through the proposed tribunal, given that many human rights violations are also criminal offences.
She also cited the case of Teoh Beng Hock, who died at the Malaysian Anti-Corruption Commission (MACC) premises and whose case was eventually marked as No Further Action, questioning whether his family could bring the matter to the tribunal once it is set up.
Kulasegarran said the tribunal may serve as an alternative and accessible justice mechanism for victims of human rights violations, potentially hearing cases such as those involving Teoh Beng Hock, though the specific framework and jurisdiction are still under discussion.
"I believe that cases involving human rights violations could fall within the scope of the tribunal once it is established.
"However, it is still too early to say definitively, as the basic framework and parameters have yet to be finalised, which is why stakeholder engagement is ongoing.
"But I concur with you that such matters can be investigated and further action can be taken, as is the practice in other countries with functioning human rights tribunals," he said.
He added that they are also examining the implementation of Suhakam's recommendations or findings through the proposed Human Rights Tribunal, particularly in terms of feasibility and legal implications.