Establishment of the Commission

1.        (1) There is hereby established a Commission which shall be known as the Human Rights Commission of Malaysia (the “Commission”).

(2)     The Commission shall be a body corporate having perpetual succession and a common seal, which may sue and be sued in its name and, subject to and for the purpose of this Act, may enter into contracts and may acquire, purchase, take, hold and enjoy movable and immovable property of every description and may convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with any movable or immovable property or any interest therein vested in the Commission upon such terms as it deems fit.

(3)     The Commission shall have a common seal which shall bear such device as the Commission shall approve and such seal may be broken, changed, altered or made anew as the Commission thinks fit.

(4)     The common seal shall be kept in the custody of the Secretary to the Commission or such other person as may be authorized by the Commission and shall be authenticated by the Secretary or such authorized person or by any officer authorized by the Secretary or such authorized person in writing.

(5)     All deeds, documents and other instruments purporting to be sealed with the common seal, authenticated as specified in subsection (4) shall until the contrary is proved, be deemed to have been validly executed.

(6)     The common seal of the Commission shall be officially and judicially noticed.

Functions and powers of the Commission 

2.        (1)  In furtherance of the protection and promotion of human rights in Malaysia, the functions of the Commission shall be –

(a)      to promote awareness and provide education in relation to human rights;

(b)     to advise and assist the Government in formulating legislation and administrative directives and procedures and recommend the necessary measures to be taken;

(c)      to recommend to the Government with regard to the subscription or accession of treaties and other international instruments in the field of human rights; and

(d)     to inquire into complaints regarding infringements of human rights referred to in section 12.

(2)      For the purpose of discharging its functions, the Commission may exercise any or all of the following powers:

(a)      to promote awareness of human rights and to undertake research by conducting programmes, seminars and workshops and to disseminate and distribute the results of such research;

(b)     to advise the Government and/or the relevant authorities of complaints against such authorities and recommend to the Government and/or such authorities appropriate measures to be taken;

(c)      to study and verify any infringement of human rights in accordance with the provisions of this Act;

(d)     to visit places of detention in accordance with procedures as prescribed by the laws relating to the places of detention and to make necessary recommendations;

(e)      to issue public statement on human rights as and when necessary; and

(f)       to undertake any other appropriate activities as are necessary in accordance with the written laws in force, if any, in relation to such activities.

(3)      The visit by the Commission to any place of detention under paragraph (2) (d) shall not be refused by the person in charge of such place of detention if the procedures provided in the laws regulating such places of detention are complied with.

(4)      For the purpose of this Act, regard shall be had to the Universal Declaration of Human Rights 1948 to the extent that it is not inconsistent with the Federal Constitution.

Members of the Commission and term of office

3.        (1)  The Commission shall consist of not more than twenty members.

        (2)      Members of the Commission shall be appointed by the Yang di-Pertuan Agong, on the recommendation of the Prime Minister 

(3)      Members of the Commission shall be appointed from amongst prominent personalities including those from various religious and racial backgrounds.

(4)      Every member shall hold office for a period of two years and is eligible for reappointment.

Chairman and Vice-Chairman

4.        (1) The Yang di-Pertuan Agong shall designate one of the members appointed under section 5 to be the Chairman of the Commission.

(2)     The Chairman’s term of office shall be his period of membership on the Commission 

(3)     A Vice-Chairman shall be elected by the members of the Commission from amongst themselves.

(4)     Where the Chairman of the Commission is for any reason unable to perform the function of the Chairman, or during any period of vacancy in the office of the Chairman, the Vice-Chairman shall perform the function of the Chairman.

Meeting of the Commission

5.        (1) The Chairman of the Commission shall preside at all meetings of the Commission.

(2)      If the Chairman is absent from any meeting, the Vice-Chairman of the Commission shall preside at such meeting.

(3)      The quorum at all meeting shall be two thirds of the number of the members of the Commission.

(4)      The members of the Commission shall use their best endeavours to arrive at all decisions of the meeting by consensus failing which the decision by a two-thirds majority of the members present shall be required.

(5)      The Commission shall determine the conduct of its own proceedings.

Remuneration

6.        (1) The Chairman of the Commission shall be paid such remuneration and allowances as the Yang di-Pertuan Agong may determine.

(2)      Every member of the Commission shall be paid allowances at such rates as the Yang di-Pertuan Agong may determine.

Vacation of office

7.        The Office of a member of the Commission shall become vacant –

(a)      upon the death of the member;

(b)     upon the member resigning from such office by the letter addressed to the Yang di-Pertuan Agong;

(c)      upon the expiration of his term of office; or

(d)     upon the member being removed from office on any of the grounds specified in section 10.

Disqualification

8.        A member of the Commission may be removed from office by the Yang di-Pertuan Agong if –

(a)      the member is adjudged insolvent by a court of competent jurisdiction;

(b)     the Yang di-Pertuan Agong, after consulting a medical officer or a registered medical practitioner, is of the opinion that the member is physically or mentally incapable of continuing his office;

(c)      the member absents himself from three consecutive meeting of the Commission without obtaining leave of the Commission or, in the case of the Chairman, without leave of the Minister;

(d)     the Yang di-Pertuan Agong, on the recommendation of the Prime Minister, is of the opinion that the member –

(i)      has engaged in any paid office or employment which conflicts with his duties as a member of the Commission;

(ii)     has misbehaved or has conducted himself in such a manner as to bring disrepute to the Commission; or

(iii)   has acted in contravention of this Act and in conflict with his duties as a member of the Commission.

Resignation

9.        A member of the Commission may at any time resign his office by a letter addressed to the Yang di-Pertuan Agong.