| The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001. Please see www.state.gov for material released since President George W. Bush took office on that date. This site is not updated so external links may no longer function. Contact us with any questions about finding information. NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein. |
TITLE: SINGAPORE HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
SINGAPORE
Singapore, a city-state of 3.3 million people, is a
parliamentary republic in which politics are dominated by the
People's Action Party (PAP), which has held power since
Singapore gained autonomy from the United Kingdom in 1959. The
PAP holds 77 of the 81 seats in Parliament. Goh Chok Tong
completed his fourth year as Prime Minister, and Lee Kuan Yew,
who served as Prime Minister from independence in 1965 until
1990, remains active politically, holding the title of Senior
Minister. The majority of the population is ethnic Chinese (78
percent), with Malays and Indians constituting substantial
minorities.
The Government maintains active internal security and military
forces to counter perceived threats to the nation's security.
It has frequently used security legislation to control a broad
range of activity. The Internal Security Department (ISD) is
responsible for enforcement of the Internal Security Act (ISA),
including its provisions for detention without trial. All
young males are subject to national service (mostly in the
military).
Singapore has an open free market economic system. The
construction and financial services industries and
manufacturing of computer-related components are key sectors of
the economy which has achieved remarkably steady growth since
independence. Gross domestic product rose 9.5 percent in 1994,
and Singaporeans have an annual per capita income over
$18,000. Wealth is distributed relatively equally in what is
essentially a full-employment economy.
There was no improvement or deterioration in the human rights
situation. The Government continued to intimidate opposition
parties and their candidates. There continued to be credible
reports of police mistreatment of detainees. The Government
has wide powers to detain people arbitrarily and subsequently
restrict their travel, freedom of speech and right to associate
freely, and to handicap political opposition. There was no
evidence of a change in the Government's willingness to
restrict human rights when it deemed that necessary in pursuit
of its policy goals. There is some legal discrimination
against women, which, in practice, affects only a small
percentage of the population. The Government has moved
actively to counter societal discrimination against women and
the Malay minority.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killing.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The law prohibits torture, and government leaders have stated
that they oppose its use. However, there have been credible
reports during the past year of police mistreatment of
detainees, some of which has been reported in the press.
Reliable reports indicate that police sometimes interrogate
prisoners in very cold rooms where the prisoners may be
stripped of their clothes and doused with water. In August,
after 16 months in custody, murder charges were withdrawn
against a suspect who claimed that he was forced to confess as
a result of police interrogation methods. The police
maintained that all proper procedures had been followed in
obtaining the confession. The court said that it appeared the
accused had been assaulted while he was in police custody and
that his confession, therefore, could have been coerced. In
1993, of the 94 complaints of police abuse investigated, 14
were substantiated.
The Government reserves the right to use indefinite confinement
to pressure detainees to "rehabilitate" themselves as well as
to make admissions of wrongdoing. In the past, the Government
has acknowledged that in the case of detentions without trial
under the Criminal Law (Temporary Provisions) Act, the
indefinite nature of the detentions served to pressure the
detainees. Persons alleging mistreatment under detention may
bring criminal charges against government officials who are
alleged to have committed such acts, but they may be
discouraged from making accusations for fear of official
retaliation.
The Penal Code mandates caning in addition to imprisonment as
punishment for offenses involving the use of violence or threat
of violence against a person, such as rape, robbery and
extortion. The law also mandates caning in other areas, such
as for certain convictions under the Vandalism Act and for
specific immigration offenses. The Government opted to apply
the Vandalism Act in the widely publicized case of foreign
teenagers accused of spray painting privately owned
automobiles. Previously, damage against private property had
been classified as mischief, which does not include caning as a
means of punishment. Many critics expressed the view that
caning was an excessive penalty for youthful, nonviolent,
first-time offenders whose actions were reparable and
questioned why the Government chose to punish these teenagers
more harshly than in past cases.
Caning is discretionary for convictions on other charges
involving the use of criminal force, such as kidnaping or
voluntarily causing grievous hurt. The law prescribes a
maximum or minimum number of cane strokes in many of these
cases, although the court does not always abide by these
guidelines. Women are exempted from caning, as are men over
50, under 16, and those determined unfit by a medical officer.
In 1993 the judgment included a caning sentence in 3,244
cases.
d. Arbitrary Arrest, Detention, or Exile
The ISA, the Criminal Law (Temporary Provisions) Act, the
Misuse of Drugs Act, and the Undesirable Publications Act all
have provisions for arrest without warrant. Those arrested
must be charged before a magistrate within 48 hours. At that
time, those detained under criminal charges may obtain legal
counsel. A functioning system of bail exists for those
charged, and there were no reported abuses of it.
The ISA, the Criminal Law (Temporary Provisions) Act, and the
Misuse of Drugs Act authorize detention without trial. The
Criminal Law (Temporary Provisions) Act is used almost
exclusively in cases involving narcotics and secret criminal
societies and has not been used for political purposes.
According to the Government, 46 detention orders were issued
under the Criminal Law (Temporary Provisions) Act during 1993,
of which 27 were for secret society activities and 19 for drug
trafficking. Under the Misuse of Drugs Act, the Director of
the Central Narcotics Bureau (CNB) may also commit--without
trial--suspected drug users for up to 6 months, with subsequent
extensions, to a drug rehabilitation center in cases of
positive urinalysis tests.
Those persons detained without trial under the ISA are entitled
to counsel but have no legal recourse through the courts to
challenge the substantive basis for their detention. Persons
detained without trial under the Criminal Law (Temporary
Provisions) Act are also entitled to counsel but may only
challenge the substantive basis for their detention to the
committee advising the Minister for Home Affairs on detention
issues. The ISA gives broad discretion to the Minister of Home
Affairs to order detention without charges if the President
determines that a person poses a threat to national security.
The President may authorize detention for up to 2 years; the
detention order may be renewed for 2-year periods with no
limitation on renewal. An advisory board reviews each
detainee's case periodically, and detainees may make
representations to it. The board may make nonbinding
recommendations that a detainee be released prior to expiration
of the detention order. If the Minister wishes to act contrary
to a recommendation for release by the board, he must seek the
agreement of the President.
The ISA empowers the police to detain a person for up to 48
hours; any police officer at or above the rank of
superintendent may authorize that the detainee be held for up
to 28 days longer. Once initial interrogation has been
completed, the authorities normally allow ISA detainees access
to lawyers and visits by relatives.
No one has been jailed under formal ISA detention since 1990.
However, the Government maintains some restrictions on the
rights of two former ISA detainees to travel abroad, make
public statements, and associate freely. Chia Thye Poh, a
former member of Parliament, was released from prison in 1989
after 23 years in preventive detention under the ISA, but was
confined to a small island adjacent to Singapore during evening
and night hours until 1992. Now resident in Singapore proper,
he cannot be employed, travel abroad, or issue public
statements without ISD approval. Vincent Cheng, a detainee
released in 1990, may not issue public statements, publish, or
travel abroad without ISD consent.
While the law does not specifically prohibit exile, the
Government has never practiced exile.
e. Denial of Fair Public Trial
The judicial system has two levels of courts: the Supreme
Court, which includes the high court and the court of appeal;
and the subordinate courts. In normal cases the Criminal
Procedures Code provides that a charge against a defendant must
be read and explained to him as soon as it is framed by the
prosecution or the magistrate. The accused has the right to be
represented by an attorney. Trial is by judge rather than
jury. Persons detained under the ISA and the Criminal Law
(Temporary Provisions) Act, as well as suspected drug users
detained under the Misuse of Drugs Act, are not entitled to a
public trial, which is accorded in all other cases.
In 1989 the Government amended the Constitution and the ISA to
eliminate judicial review of the objective grounds for
detentions under the ISA and subversion laws. This allows the
Government to restrict, or even eliminate, judicial review in
such cases and thereby restrict, on vaguely defined national
security grounds, the scope of certain fundamental liberties
provided for in the Constitution.
In February, completing a transition begun in 1989, Parliament
approved a bill abolishing all appeals to the Privy Council in
London. The single Court of Appeal, established in 1993,
combining the former court of appeal (for civil cases) and
court of criminal appeal, therefore became the highest court of
review in Singapore.
The President appoints judges to the Supreme Court on the
recommendation of the Prime Minister in consultation with the
Chief Justice. Supreme Court justices may remain in office
until the mandatory retirement age of 65, after which they may
continue to serve at the Government's discretion for brief,
renewable terms at full salary.
The President also appoints subordinate court judges on the
recommendation of the Chief Justice. The term of appointment
is determined by the Legal Service Commission of which the
Chief Justice is the chairman. Subordinate court judges and
magistrates, as well as public prosecutors, are civil servants
whose specific assignments are determined by the Legal Service
Commission, which can decide on job transfers to any of several
legal service departments. Judicial officials, especially in
the Supreme Court, have close ties to the ruling party and its
leaders. These factors call into question the judiciary's
independence.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government can use its wide discretionary powers if it
determines that national security is threatened. In most
cases, the law requires search warrants, normally issued by the
magistrate court, for intrusion into the home. Law enforcement
officers may, however, search a person, home, or property
without a warrant if they decide searches are necessary to
preserve evidence.
The Misuse of Drugs Act and the Criminal Law (Temporary
Provisions) Act also permit warrantless searches in dealing
with drug- and secret society-related offenses. The courts may
undertake judicial review of such searches at the request of
the defendant. Divisions of the Government's law enforcement
agencies, including the ISD and the Corrupt Practices
Investigation Board (CPIB), have wide networks for gathering
information. The authorities have the capability to monitor
telephone and other private conversations and conduct
surveillance, but there were no proven allegations that they
did so in 1994.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution permits official restrictions on the freedom
of expression and, in practice, the Government restricts the
freedoms of speech and the press. The ISA permits the
Government to prohibit or to place conditions on publications
that incite violence, that counsel disobedience to the law,
that might arouse tensions among the various classes (races,
religions, and language groups) or that might threaten national
interests, national security, or public order. The Government
uses a broad definition of these laws to restrict political
opposition and criticism. It is clear from recent events that
the Government will not tolerate discussions in the press of
government corruption, nepotism, or a compliant judiciary.
The Government owns the Singapore Broadcasting Corporation
(SBC) and operates it under a statutory board of the Ministry
of Information and the Arts. On October 1, the SBC was divided
into four government-owned subsidiaries under a holding
company, Singapore International Media PTE Ltd. Also, the new
Singapore Broadcasting Authority (SBA) came into effect to
regulate and promote the broadcasting industry. The SBA
develops censorship standards with the help of advisory panels
whose membership represents a cross-section of society.
Government-owned corporations have a near monopoly on
broadcasting, operating all 3 free television channels and 10
of 14 radio stations. The three pay television channels are
jointly owned by government-owned corporations and the U.S.
Cablevision company. Two of the other three radio stations are
operated by the National Trade Union Congress (NTUC), which is
closely affiliated with the Government; the third is the
British Broadcasting Corporation (BBC) world service, available
24 hours a day on the FM band. In addition to the BBC World
Service, Malaysian television and radio broadcasts and
Indonesian radio broadcasts are received uncensored in
Singapore. Cable News Network International, carried live, is
available almost 24-hours a day on pay television. Satellite
dishes are banned with few exceptions.
All general circulation newspapers, with the exception of a
small circulation Tamil language newspaper, are owned by
Singapore Press Holdings Ltd. (SPH), a private corporation
which has close ties to the national leadership. SPH also owns
20 percent of Singapore Cablevision, which operates the cable
television system. The SPH is required by law to issue
ordinary and "management" shares; holders of management shares
have the power to control all SPH personnel decisions. The
Government must approve, and can remove, holders of management
shares. Hence, while Singapore newspapers, especially the
English-language Straits Times, print a large and diverse
selection of articles from their domestic and a variety of
foreign resources, editorials and coverage of domestic events
closely parallel government policies and the opinions of
government leaders. Government leaders often criticize what
they call the "Western model" of journalism, in which the media
have unrestricted freedom to report the news as they see it.
Government officials argue that the role of the domestic media
is to support the goals of the elected leadership.
A case by the Government against the editor of the Business
Times, the leading business daily owned by Singapore press
holdings, and four other persons was settled in March. The
editor and four others--a government official, a journalist,
and two employees of a foreign securities firm--were convicted
of failing to protect the secrecy of official information in
regard to a December 1992 report in the Business Times of
unreleased government growth figures. The defendants were
fined but received no jail sentences.
A wide range of international magazines and newspapers may be
purchased uncensored, although newspapers printed in Malaysia
may not be imported (and vice versa). A 1990 law requires
foreign publications that report on politics and current events
in Southeast Asia to register, post a bond the equivalent of
$132,000, and name a person in Singapore to accept legal
service. These requirements strengthen government control over
foreign media. The Government may ban the circulation of
domestic and foreign publications under provisions of the ISA
and the Undesirable Publications Act. Under amendments to the
Newspaper and Printing Presses Act, it may limit the
circulation of foreign publications which, by the Government's
broad determination, interfere in Singapore's domestic
politics. It has done so on occasion in the past.
In its relations with foreign media, the Government relaxed
restrictions on the circulation of some foreign publications.
In January the restrictions on the circulation of The Economist
were lifted. The Asian Wall Street Journal (AWSJ), Asiaweek,
and the Far Eastern Economic Review, all "gazetted" (limited in
circulation) in 1987, remained gazetted. However, the limits
were raised to 7,000 per issue on the AWSJ, 15,000 per issue
for Asiaweek, and 2,000 per issue of the Far Eastern Economic
Review. The Government also permitted the AWSJ to station a
correspondent full time in Singapore beginning in 1993. From
1988 to 1991, the AWSJ was not permitted to have a
correspondent in Singapore, and from 1991 to 1993, a
correspondent was permitted on a part-time basis only.
However, in June the Immigration Department refused the
application from the Asiaweek correspondent to renew his
employment pass. Journalists from regional publications are
required by law to apply annually for renewal of the employment
pass which allows them to operate in Singapore.
Government leaders sometimes use libel or slander suits or the
threat of such actions to discourage public criticism. In June
a Former Singapore Law Minister sued the International Herald
Tribune for publishing an allegedly defamatory letter about him
in May. The letter compared the leniency shown to the former
law minister after a car crash when he had been convicted of
"drunk driving and refusing a breathalyzer test" with the harsh
punishment for persons convicted of vandalism. In fact, the
former law minister had not been convicted of the former, but
was charged with "driving without care" and "failing to give a
blood sample." The suit was settled out of court after the IHT
printed an apology and paid an unspecified amount in damages.
Prime Minister Goh Chok Tong, Senior Minister Lee Kuan Yew, and
his son, deputy Prime Minister Lee Hsien Loong, are seeking
damages from the IHT for an article, published in August, which
suggested that the younger Lee had been appointed to his post
on account of his father. Damages of an unspecified amount are
being sought, in spite of a printed apology, which appeared in
the newspaper on August 31. Lawyers for the two sides are
still negotiating the amount of the damages.
In January 1995 Dr. Christopher Lingle, an American academic
who had been a visiting lecturer at the National University of
Singapore, the International Herald Tribune, and others were
fined for contempt of court following the publication of an
article about Southeast Asian governments by Lingle on October
7, 1994. Although Singapore was not mentioned in the article,
the court focused on the article's reference to some
governments as being "more subtle: relying upon a compliant
judiciary to bankrupt opposition politicians or buying out
enough of the opposition to take control democratically" as a
reference to Singapore. Although the IHT published an apology
for the article in December, Senior Minister Lee Kuan Yew filed
a civil libel suit. That action is pending. In at least the
three incidents cited above, the use of slander or libel suits
appears to have successfully intimidated the press.
The authorities censor movies, video materials, and music.
Some publications are barred from importation. Censorship of
materials and the decision to deny the importation of specific
publications are based on a determination that such materials
would undermine the stability of the State; are pro-Communist,
contravene moral norms, are pornographic, show excessive and/or
gratuitous sex and violence, glamorize or promote drug use, or
incite racial, religious, or language animosities. The
authorities report that there is strong public support for
continued censorship of sex and violence in films.
In January, after a performer's actions in a nude
entertainment, the Government tightened its restrictions on
drama groups. It now requires organizers of scriptless plays
to provide a synopsis when applying for a license. The founder
of the group responsible for the above performance was
prosecuted for providing entertainment without a license
because the play ran overtime. The performer was fined and
barred from future public performances.
Faculty members at public institutions of higher education are
government employees. A number of university lecturers are
concurrently PAP Members of Parliament (M.P.'s). Academics
sometimes criticize government policies, but avoid public
criticism of individual government leaders and sensitive social
and economic policies because of possible sanctions, such as in
the cases of Dr. Christopher Lingle and Dr. Chee Soon Juan (see
also Section 3). Publications by local academics and members
of think tanks rarely deviate substantially from government
views.
b. Freedom of Peaceful Assembly and Association
Assemblies of more than five persons in public, including
political meetings and rallies, must have police permission.
Individuals wishing to speak at a public function, excluding
functions provided by or under the auspices of the Government,
must obtain permission from the Public Entertainment Licensing
Unit, a division of the police Criminal Investigation
Department. Opposition politicians have experienced delays as
long as 26 days, according to police records, before receiving
notification of action on their applications. The authorities
do not approve all applications. For example, according to a
police spokesman, opposition M.P. Ling How Doon was not allowed
to speak at his constituency's national day celebration dinner
in August because the function was organized by a political
party and held outdoors. On the other hand, PAP M.P. and
Minister Without Portfolio Lim Boon Heng was allowed to speak
at a similar open-air function in August because it was
organized by the Citizens' Consultative Committee under the
People's Association, which is not a political party.
The Government closely monitors political gatherings regardless
of the number present. Most associations, societies, clubs,
churches, and other organizations with more than 10 members
must be registered with the Government under the Societies
Act. The Government denies registration to societies it
believes likely to be used for unlawful purposes or for
purposes prejudicial to public peace, welfare, or public
order. The Government has absolute discretion in applying this
broad and vague language to register or dissolve societies. It
prohibits organized political activities, except by
organizations registered as political parties. This
prohibition effectively limits opposition activities. It has
less of an effect on the PAP, which enjoys the support of
residential committees and neighborhood groups ostensibly
organized for nonpolitical purposes but whose leadership
contains many grassroots PAP members (see also Section 3).
c. Freedom of Religion
Freedom of religion is provided for in the Constitution and
usually respected in practice. There is no state religion.
The Government has determined that every public housing estate
must have a mosque. It therefore provides some financial
assistance to build and maintain mosques. The Government also
facilitates contributions to the construction of Indian and
Chinese temples.
Missionaries are permitted to work and to publish religious
texts. However, all religious groups are subject to government
scrutiny and must be legally registered. The Government
restricts some religious sects by application of the Societies
Act and has banned others, such as Jehovah's Witnesses and the
Unification Church. Four Jehovah's Witnesses were convicted,
and their appeals dismissed, for possessing banned publications
under the Undesirable Publications Act. All four were fined.
The 1990 "Maintenance of Religious Harmony Act" made illegal
what the Government deems to be the inappropriate involvement
of religious groups and officials in political affairs. The
Act also denies the judiciary the competence to review possible
denial of rights which could arise from the application of the
Act, and it specifically denies judicial review of its
enforcement.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government requires all citizens and permanent residents
over the age of 12 to register and to carry identification
cards. After the completion of national service, enlisted men
remain liable for reserve training until the age of 40 and
officers to age 50. Reservists who plan to travel overseas for
less than 6 months must advise the Ministry of Defense; for
trips longer than 6 months, reservists must obtain an exit
permit. Males approaching national service age must obtain an
exit permit in order to study outside Singapore. The
Government may deny a passport, and has done so in the case of
former ISA detainees.
The ISA allows the Minister for Law and Home Affairs to suspend
or revoke a detention order or to impose restrictions on former
detainees' activities, places of residence, and travel abroad.
The right of voluntary repatriation is extended to holders of
Singaporean passports. In 1985 Parliament provided for the
loss of citizenship by Singaporeans who reside outside
Singapore for more than 10 years consecutively. Action under
this law is discretionary and has been taken in at least one
case involving a well-known government opponent, Tan Wah Piaow.
The law stipulates that former Singaporean members of the
Communist Party of Malaya (CPM) residing outside Singapore must
appeal to the Government to be allowed to return. They must
renounce Communism, sever all organizational ties with the CPM,
and pledge not to take part in activities prejudicial to the
nation's internal security. In addition, the law requires them
to be subject to interview by the ISD and to any restrictive
conditions imposed on them.
Singapore neither accepts the Comprehensive Plan of Action for
Indochinese seeking refugee status nor offers first asylum to
refugees. Prior to 1991, the Government permitted Indochinese
asylum seekers to disembark if a resettlement country promised
to remove them within 90 days and if the rescuing vessel was in
Singapore on a scheduled port of call. In June 1991, the
Government halted disembarkation on the grounds that
resettlement countries had not honored their guarantees of
removal. As of September 1, there were 98 asylum seekers at
the Hawkins Road camp, all of whom were denied refugee status
through screening procedures conducted by the local office of
the United Nations High Commissioner for Refugees (UNHCR). The
authorities permit persons of other nationalities who make
claims for asylum to have their status determined by the UNHCR
for possible resettlement elsewhere. There is no forcible
repatriation.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Constitution provides citizens with the right to change
their government peacefully through democratic means and the
voting and vote-counting systems in elections are fair,
accurate, and free from tampering. In practice, however, the
Government uses its extensive powers to place formidable
obstacles in the path of political opponents. It also attempts
to intimidate the opposition through libel suits and potential
loss of employment or professional licenses. Parliamentary
elections may be called at any time, but must be held no later
than 5 years from the date Parliament first sits.
Opposition parties have been unable seriously to challenge the
PAP since the late 1960's. Consequently, the PAP's domination
of the political system continues as it had for three decades
under Lee Kuan Yew. Opposition politicians currently hold only
4 seats in the 81-member elected Parliament, 3 for the Social
Democratic Party and 1 for the Workers' Party. In addition to
the 81 elected members, the President appoints 6 "prominent
citizens" to serve as nominated M.P.'s for 2-year terms. The
PAP's political success in part results from restrictions on
opposition political activities, but also from government
policies which helped Singapore achieve rapid economic growth,
thereby enabling the Government to provide a wide array of
public services. The PAP has a broad base of popular support,
sustained in part through neighborhood, youth, and labor
associations.
Although political parties are legally free to organize, the
authorities impose strict regulations on their constitutions,
fundraising, and accountability. While the PAP has been able
to enjoy the support of ostensibly nonpolitical organizations,
the Government has used its broad discretionary powers to
hinder the creation of comparable support organizations for
opposition parties. The PAP's grip on power has also been
enhanced by patronage; political control of the press, courts,
and religion; strong party discipline and performance; and its
access to the instruments of power. For example, a government
program to refurbish public housing gives priority to PAP
constituencies. Government regulations also hinder attempts by
opposition parties to rent office space in government housing
estates or to establish community foundations which run private
kindergartens. The PAP claims the lack of an effective
opposition is due to disorganization, lack of leadership, and
lack of alternative policy programs.
In August 1993, citizens elected their first President. The
Presidency has expanded powers over civil service appointments,
government and statutory board budgets, and internal security
affairs. Presidential aspirants must be certified by the
Presidential Elections Committee (PEC), a body composed of the
Chairman of the Public Service Commission, the Chairman of the
Public Accountants Board, and a member of the Presidential
Council for Minority Rights. The PEC was responsible for
screening applicants on the basis of integrity, character,
reputation, ability, and experience in managing the financial
affairs of a large institution. Eligibility was considered
automatic if the candidate had 3-years' experience as a
high-ranking public servant or chief executive officer of a
large corporation. These requirements limit the pool of
potential presidential candidates. The Committee rejected the
applications of two opposition figures--J.B. Jeyaretnam,
Secretary-General of the Workers' Party (WP) and a former M.P.,
and another WP member--for not satisfying the eligibility
criteria regarding character and financial expertise.
Government leaders continued to use civil libel or slander
suits or the threat of them to discourage criticism or
challenges by opposition leaders. The Legal Code also provides
for criminal defamation offenses, but these provisions are
seldom used.
A prominent opposition figure who was the target of
investigation by government entities was Dr. Chee Soon Juan, a
lecturer at the National University of Singapore and Deputy
Secretary General of the Singapore Democratic Party (SDP).
Chee was dismissed from his teaching position in March 1993
after a university audit of his financial records uncovered an
alleged irregularity involving his use of research funds to
express mail his wife's doctoral thesis to her university
adviser in the United States. He defended his action by
arguing that his wife's thesis was relevant to his own research
and that he had received prior approval for the mailing from
his Department Chairman, Dr. S. Vasoo, a PAP M.P. Chee, one of
the first university lecturers to join an opposition party,
rose to prominence during an unsuccessful bid against Prime
Minister Goh in the December 1992 by-election.
In April 1993, Chee was sued by Vasoo for making allegedly
defamatory remarks. After selling his house, Chee paid
$200,000 in damages to his former university department
chairman and two other university employees as compensation for
his allegedly defamatory remarks. The high court also ordered
Chee to pay all legal costs and refrain from repeating his
allegedly defamatory remarks. According to the law, if Chee
had been unable to pay and had declared bankruptcy, he would
have been ineligible to run for Parliament for at least 5 years.
Although there is no legal bar to the participation of women in
politics, they are underrepresented in government. There are
no female cabinet members and only 2 of the 81 elected
parliamentary seats are occupied by women. Two of the six
nominated members of Parliament are women. Women are also
underrepresented in the highest levels of the civil service.
There is no restriction in law or practice against minorities
voting or participating in politics. Malays currently hold 12
percent of the seats in Parliament, in part the result of
government legislation requiring a minority representative in
selected group representation constituencies.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no nongovernmental organizations, with the exception
of the opposition political parties, that actively and openly
monitor alleged human rights violations. While the Government
does not formally prohibit them, efforts by any independent
organization to investigate and criticize publicly government
human rights policies would face the same obstacles as those
faced by political parties. The Government denies that
international organizations have any competence whatsoever to
look into human rights matters in Singapore. Visa regulations
do not recognize monitoring human rights as a "business
purpose" for visiting Singapore, but neither is such activity
regarded as a "social visit." Amnesty International is not
allowed to operate in or to visit Singapore.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Mindful of Singapore's history of intercommunal tension, the
Government takes affirmative measures to ensure racial, ethnic,
religious, and cultural nondiscrimination. Social, economic,
and cultural facilities are available to all citizens
regardless of race, religion, or sex. Minorities are
constitutionally afforded equal rights, actively participate in
the political process, and are well represented throughout the
Government.
Women
Women enjoy the same legal rights as men in most areas,
including civil liberties, employment, commercial activity, and
education. The Constitution contains no explicit provision of
equal rights for women; instead, it states that all persons are
equal before the law and entitled to the equal protection of
the law. The Women's Charter, enacted in 1961, gave women,
inter alia, the right to own property, conduct trade, and
receive divorce settlements. Muslim women enjoy most of the
rights and protections of the Women's Charter, except that
Muslim men are allowed to practice polygyny and may divorce
unilaterally whereas Muslim women may not.
In 1962 the Government instituted the principle of equal pay
for equal work in the civil service and announced the abolition
of separate salary scales by 1965. Other areas of
discrimination remain. For example, children born overseas to
Singaporean women are not granted citizenship automatically as
are children born to Singaporean men. Female civil service
employees who are married do not receive health benefits for
their spouses and dependents as do male government employees.
There is no evidence of any widespread practice of violence or
abuse against women. Laws such as the Penal Code and the
Women's Charter protect women against domestic violence and
sexual or physical harassment. A battered wife can obtain
court orders barring the spouse from the home until the court
is satisfied that he will stop his aggressive behavior. The
Penal Code prescribes mandatory caning and a minimum
imprisonment of 2 years for conviction on a charge of outraging
modesty that causes the victim fear of death or injury.
Women make up over 50 percent of the labor force and are well
represented in many professional fields, but they still hold
the preponderance of low-wage jobs as clerks and secretaries.
As a result, their average salary levels are only 70 percent
those of men. Women hold few leadership positions in the
private sector.
Children
The Government is strongly committed to the rights of
children. In 1993 the Government updated and reenacted the
Children and Young Persons Act. This revised Act establishes
protective services for those children who are orphaned,
abused, disabled, or refractory, and it creates a juvenile
court system. The Ministry of Community Development works
closely with the National Council for Social Services to
oversee children's welfare cases. Voluntary organizations
operate most of the homes for children while the Government
funds up to 50 percent of all child costs, which includes
normal living expenses and overhead, as well as expenses for
special schooling or supervisory needs.
National/Racial/Ethnic Minorities
The Constitution acknowledges the "special position" of Malays
as the indigenous people of Singapore and charges the
Government to support and promote their "political,
educational, religious, economic, social, and cultural
interests." The Government has concentrated on creating
equality of opportunity, especially in education, and does not
promote the concept of equality in result. A Presidential
Council on Minority Rights examines all current and pending
bills to ensure that they are not disadvantageous to a
particular group. It also reports to the Government on matters
affecting any racial or religious community and investigates
complaints.
Unlike the Indian or Eurasian communities, which have achieved
economic and educational success rates on a par with the
majority Chinese, Malay Singaporeans still have a lower
standard of living, although the gap has diminished in recent
years. Malays remain underrepresented at the uppermost rungs
of the corporate ladder, a reflection of their historically
lower education and economic position, but also a result of de
facto employment discrimination. Advertisements sometimes
specify the ethnicity and gender required of applicants or
require fluent Mandarin speakers.
People with Disabilities
The Government implemented a comprehensive code on barrier-free
accessibility in 1990 which established standards for
facilities for the physically disabled in all new buildings and
mandated the progressive upgrading of older structures.
Although there is no legislation that addresses the issue of
equal opportunities for the disabled in education or
employment, the National Council of Social Services, in
conjunction with various voluntary associations, provides an
extensive job training and placement program for the disabled.
Informal provisions in education have permitted university
matriculation for visually handicapped, deaf, and physically
disabled students. The Government allows the equivalent of a
$2,000 tax deduction for families with a disabled person.
Section 6 Worker Rights
a. The Right of Association
The Constitution provides all citizens with the right to form
associations, including trade unions. Parliament may, however,
impose restrictions based on security, public order, or
morality grounds. The right of association is delimited by the
Societies Act and by labor and education laws and regulations.
The Trades Union Act authorizes the formation of unions with
broad rights, albeit with some narrow restrictions, such as
prohibitions on the unionization of uniformed employees. The
national labor force comprises about 1.6 million employees, of
whom some 233,000 are organized into 83 employee unions.
Seventy-four of these unions, representing almost 99 percent of
all unionized workers, are affiliated with the National Trades
Union Congress (NTUC), an umbrella organization which has a
close relationship with the Government.
The NTUC unabashedly acknowledges that its interests are
closely linked with those of the ruling PAP, a relationship
often described by both as "symbiotic." For example, President
Ong Teng Cheong served simultaneously as NTUC Secretary General
and Second Deputy Prime Minister before assuming his current
position as President in 1993. His successor at NTUC, Lim Boon
Heng, was formerly Second Minister for Trade and Industry and
continues as Minister Without Portfolio. In addition, several
other high-ranking NTUC officials are PAP M.P.'s. NTUC policy
prohibits union members who actively support opposition parties
from holding office in affiliated unions. While the NTUC is
financially independent of the PAP, with income generated by
NTUC-owned businesses, the NTUC and PAP share the same ideology.
Workers, other than those in essential services, have the legal
right to strike but rarely do so; no strikes have occurred
since 1986. Most disagreements are resolved through informal
consultations with the Ministry of Labor. If conciliation
fails, the disputing parties usually submit their case to the
Industrial Arbitration Court, which has representatives from
labor, management, and the Government. These labor dispute
mechanisms, along with the PAP/NTUC nexus, have played
important roles in creating nonconfrontational labor
relations. The Government also attributes the rarity of
strikes to a cultural aversion to confrontation, high economic
growth rates, labor shortages in recent years that have
sustained regular wage increases, and the popular conviction
that strikes would undermine Singapore's attractiveness to
investors.
The NTUC is free to associate regionally and internationally.
b. The Right to Organize and Bargain Collectively
Collective bargaining is a normal part of management-labor
relations, particularly in the manufacturing sector.
Agreements between management and labor are renewed every 2 to
3 years, although wage increases are negotiated annually.
Collective bargaining agreements generally follow the
guidelines issued by the National Wages Council (NWC), a group
composed of labor, management, and government representatives,
that makes annual recommendations regarding salary and bonus
packages. The Industrial Relations Act makes it an offense to
discriminate against anyone who is or proposes to become a
member or an officer of a trade union. The offense is
punishable by a fine equivalent to $1,250 and/or a 2-month
prison sentence. Labor laws and regulations are enforced
uniformly.
There are no export processing zones, nor are special
concessions given to firms producing for export.
c. Prohibition of Forced or Compulsory Labor
Under sections of the Destitute Persons Act, any indigent
person may be required to reside in a welfare home and engage
in suitable work. The International Labor Organization (ILO)
has criticized the coercive terms of this Act, which includes
penal sanctions on the grounds that it is not in compliance
with the ILO Convention on Forced Labor, ratified by Singapore
in 1965. The Government maintains that the Act is social
legislation providing for the shelter, care, and protection of
destitute persons; that no one is coerced to work; and that
work programs are designed to reintegrate individuals into
society.
d. Minimum Age for Employment of Children
The Government enforces the Employment Act, which prohibits the
employment of children under age 12. Children over age 12 and
under age 14 must receive written permission from the
Commissioner for Labor for "light work suited to his
capacity." There are few such applications and the
Commissioner for Labor has never approved one. Employers must
notify the Ministry of Labor within 30 days of hiring a child
between the ages of 14 and 16 and must forward medical
certification to the Commissioner. The incidence of children
taking up permanent employment is also low, and abuses are
almost nonexistent.
Ministry of Labor regulations prohibit night employment of
children and restrict industrial work to no more than 7 hours a
day. Children may not work on commercial vessels, with any
machinery in motion, on live electrical apparatus lacking
effective insulation, or in any underground job. The Ministry
of Labor effectively enforces these laws and regulations.
e. Acceptable Conditions of Work
Singapore has no laws or regulations on minimum wages or
unemployment compensation. The labor market offers relatively
high wages and good working conditions. The Employment Act
sets the standard legal workweek at 44 hours and provides for 1
rest day each week. The Ministry of Labor effectively enforces
laws and regulations establishing working conditions and
comprehensive occupational safety and health laws. Enforcement
procedures, coupled with the promotion of educational and
training programs, have reduced the frequency of job-related
accidents by a third over the past decade. While a worker has
the right under the Employment Act to remove himself from a
dangerous work situation, his right to continued employment
depends upon an investigation of the circumstances by the
Ministry of Labor.
Because of the domestic labor shortage, over 360,000 foreign
workers are employed legally in Singapore, 22 percent of the
total work force. Most are unskilled laborers and household
servants from other Asian countries. Foreign workers face no
legal wage discrimination; however, they are concentrated in
low-wage, low-skill jobs. About 65,000 foreign maids, mainly
from the Philippines, Indonesia, and Sri Lanka, are employed in
Singapore, and some have complained of abuse or poor working
conditions. The Government does not bar complainants from
seeking legal redress and takes a firm stand against employers
who abuse their domestic servants. Foreign workers are
ineligible for the limited free legal assistance that is
available to Singapore citizens. The authorities have fined or
imprisoned employers who have abused domestics, often with
great publicity.
(###)
[end of document]
Return
to 1994 Human Rights Practices report home page.
Return to DOSFAN
home page.
This is an official U.S. Government source
for information on the WWW. Inclusion of non-U.S. Government links
does not imply endorsement of contents.