The Human Rights Commission of Malaysia (SUHAKAM) was established by Parliament under the Human Rights Commission of Malaysia Act 1999, Act 597. The Act was gazetted on 9 September 1999. The inaugural meeting of SUHAKAM was held on 24 April 2000. The functions of SUHAKAM as set out in Section 4(1) are: to promote awareness of and provide education relating to human rights; to advise and assist Government in formulating legislation and procedures and recommend the necessary measures to be taken; to recommend to the Government with regard to subscription or accession of treaties and other international instruments in the field of human rights; to inquire into complaints regarding infringements of human rights. Furthermore, section 4(4) of the Act provides that regard shall be had to the Universal Declaration of Human Rights 1948 (UDHR) to the extent that is not inconsistent with the Federal Constitution. This means that whatever rights and liberties not mentioned in Part II but referred to in the UDHR must be considered provided that there is no conflict with the Constitution. The function of inquiring into complaints about human rights infringements is subject to the conditions imposed by section 12 of the Act. Section 12 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. SUHAKAM, however, may not investigate complaints which are the subject matter of proceedings pending in a court of law or which have been finally decided by any court. Such investigations have to cease if the matter being investigated is brought before the courts.
