HUMAN RIGHTS COMMISSION OF MALAYSIA (AMENDMENT) ACT 2024

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Amendment of section 4

in subsection (2)—

by substituting for paragraph (d) the following paragraph:

“(d) to visit any place of detention, institution and other place in accordance with procedures as may be prescribed by written laws

HUMAN RIGHTS COMMISSION OF MALAYSIA

(AMENDMENT) ACT 2024

or specified in the guidelines relating to such place of detention, institution and place and to make necessary recommendations;”;

to receive any communication from children either directly or through any person or authority relating to the children’s complaints and needs and to act upon such complaints and needs; and

by substituting for subsection (3) the following subsection:

“(3)  The visit by the Commission to any place of detention, institution and other place under paragraph 2(d)

shall not be refused by the person in charge of such place of detention, institution or place if the procedures prescribed by written laws or specified in the guidelines relating to such place of detention, institution or place have been complied with.”.

Amendment of section 5

in subsection (1), by inserting after the words “consist of”

the words “not less than seven and”;

Human Rights Commission of Malaysia (Amendment)

by substituting for subsection (3) the following subsection:

“(3)  The members of the Commission shall be appointed from amongst citizens of Malaysia who have knowledge or practical experience in human rights matters, comprising men and women of various religious or racial backgrounds, and persons with disabilities.”; and

by inserting after subsection (3) the following subsections:

“(3a)  The members of the Commission appointed under this section shall consist of at least one representative from amongst persons with disabilities and at least thirty per cent of representatives from amongst women.

Any person who is actively involved in politics and registered with any political party shall not be appointed as a member of the Commission.”.

New section 6a

The term of office of the Chief Children Commissioner and the Children Commissioners shall be their period of membership in the Commission.

The functions of the Chief Children Commissioner and the Children Commissioners under this section shall be in addition to, and not in derogation of, their functions as members of the Commission.

In carrying out their functions, the Chief Children

Commissioner and the Children Commissioners shall be subject to the direction of the Chairman of the Commission.”.

Amendment of section 8

in subsection (1), by inserting after the words

“Chairman of the Commission” the words “, the Chief

Children Commissioner and the Children Commissioners”;

and

in subsection (2), by inserting after the words “member of the Commission” the words “, other than the members referred to in subsection (1),”.

Amendment of section 10

The code of conduct established under subsection (1)

shall be published in the Gazette.

If it comes to the knowledge of the Minister that there is an alleged breach of the code of conduct committed by any member of the Commission, the Minister shall refer the matter to the Prime Minister for the appointment of an investigation tribunal under section 10b.

Human Rights Commission of Malaysia (Amendment)

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Investigation tribunal 10b.  (1)  The investigation tribunal shall consist of three members appointed by the Prime Minister.

The investigation tribunal shall have the power to conduct an investigation against the alleged breach of the code of conduct committed by the members of the Commission and shall make its findings and may make any recommendation based on its findings to the Prime Minister.

The members of the investigation tribunal appointed under subsection (1) may be paid such allowances as the

Prime Minister may determine.

The investigation tribunal shall conduct its investigation in accordance with the procedures as may be prescribed by the Minister in the regulations.

If an investigation is instituted in respect of an alleged breach of the code of conduct committed by a member of the

Commission under this section, the Yang di-Pertuan Agong may, on the recommendation of the Prime Minister, suspend the member of the Commission from carrying out his functions until the investigation tribunal makes its findings under subsection (8)

or until a decision is made by the Yang di-Pertuan Agong in respect of subparagraph 10(d)(ii), whichever is the later.

If a member of the Commission is suspended from carrying out his functions under subsection (5), he shall only be entitled to receive not less than half of his remuneration or allowances, as the case may be, during the period of his suspension.

For the purposes of investigation under this section, the investigation tribunal may—

Upon completion of the investigation—

In the case of suspension of a member of the Commission under subsection (5), if the investigation tribunal finds that there is no breach of the code of conduct by the member of the

Commission, the member of the Commission shall be entitled to receive any part of his remuneration or allowances, as the case may be, which has not been paid to him during the period of his suspension.”.

Amendment of section 11a