Country Report on Human Rights Practices for 1992
SINGAPORE
Singapore, a city-state of 3 million people, has a republican form of government
based on the parliamentary system. The majority of the population is ethnic Chinese
(78 percent), with Malays (14 percent) and Indians (7 percent) constituting substantial
minorities. Politics are dominated by the People's Action Party (PAP), which
has held power since Singapore gained autonomy from Great Britain in 1959. Goh
Chok Tong completed his second year as Prime Minister in November. Lee Kuan
Yew, who served as Prime Minister from independence in 1965 until 1990, remains
active ptoUtically, holdinjg the title of Senior Minister. The current Parliament was
elected in August 1991. The PAP holds 77 of the 81 parliamentary seats.
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) and receive nationalistic indoctrination conforming to the credos
held by the PAP. Total military expenditures for 1989, the last year for which the
U.S. Arms Control and Disarmament Agency conducted a detailed analysis, were
$1.47 bUlion. (jovemment policy is to mamtam defense spending at 6 percent of the
gross domestic product (GDP).
Singapore's economic system is one of the most open in the world. The economy
in recent years has made impressive gains—GDP grew by 5.6 percent in 1992—enabling
Singaporeans to eig'oy a relatively high per capita income. Individual ownership
of housing, mostly ^vemment-built, is enioyed by 90 percent of Singaporean
fanoilies. Wealth is distributed relatively equally in what is essentially a full-emplojrment
economy. m 1992 the Government continued to use its power to handicap Singapore's two
main opposition parties, both by implementing policies in ways which favored districts
supporting the PAP and by obstructing tne opposition's efforts to publicize its
viewpoints and serve its constituents. Prime Minister (joh also showed less commitment
to the "open, consultative" style of government which he had emphasized upon
assuming office in 1990. However, additional progress was made in resolving the
Government's longstanding disagreement with Dow Jones, publisher of the Asian
Wall Street Journal and the Far Eastern Economic Review, and Singaporeans' access
to additional sources of information increased with the introduction of 24-hour
Cable News Network broadcasts. At the same time, an ISD raid on a local paper
in August renewed doubts of the Government's tolerance of domestic criticism. For
the second straight year, the (Jovemment held no ISA detainees.
Despite margmal improvement in some areas of human ri^ts, the (jovemment
retained wide powers to detain people and subsequently restrict their travel, freedom
of speech, and right to associate freely, and to unfairly handicap political opposition.
There was no evidence of a change in the Grovemment's basic willingness to
restrict human rights when it deemed that necessary in the pursuit of its policy
goals.
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 known instances of
such killing.
b. Disappearance.
^There were no known instances of politically motivated abduction,
secret arrests, or clandestine detentions by either the CJovemment or the opposition.
c. Torture and Other Cruel. Inhuman, or Degrading Treatment or Punishment.—
Torture is prohibited by law, and government leaders have stated that they oppose
its use. There were no reports of mistreatment in 1992.
Similarly, there were no reports in 1992 of government use of the indefinite
length of confinement to pressure detainees to "rehabilitate" themselves as well as
to make admissions of wrongdoing. The Government has acknowledged that in the
case of detentions without trial under the Criminal Act, the indefiniteness of the
detentions served to pressure detainees. Persons alleging mistreatment under detention
may bring crimmal charges against those in the Government who are alleged
to have committed such acts, but few choose to do so. According to the Government,
there were 3 suits against police officers in 1992 from people who alleged assaults
while under poUce oetention. These cases are still pending before the court. Fear
of government retaliation, e.g., redetention under the ISA, discourages the making
of such allegations, and has an overall chilling effect on those who might oppose
government policies.
The Penal Code mandates caning in addition to imprisonment as punishment for
certain offenses, including rape, theft, robbery, extortion, housebreaking, and vehicle
theft. The courts routinely order caning for convictions for these offenses.
d. Arbitrary Arrest, Detention, or Exile
Arrest without warrant is legally permitted
under the ISA, the Criminal Law (Temporary Provisions) Act, the Misuse of
Drugs Act, and the Undesirable Ihiblications Act. Those arrested must be chai^d
before a magistrate within 48 hours. At that time, those detained under criminal
charges may obtain legal counsel. There is a functioning system of bail for those
charged. There were no reported abuses of the bail system in 1992.
The ISA and the Criminal Law (Temporary Provisions) Act authorize detention
without trial. The latter act is used almost exclusively in cases involving narcotics
and secret criminal societies and is not used for political purposes. According to the
Government, 916 persons were in detention under the Criminal Law (Temporary
Provisions) Act as of October 31, of which 342 were for secret society activities and
574 for drug trafficking. The Director of the Central Narcotics Bureau (CNB) can
also commit suspected drug users for up to 6 months, with subsequent extensions,
in a drug rehabilitation center in cases of positive urinalysis tests.
Singapore law does not treat involuntary commitment for drug rehabilitation as
a criminal matter, but suspected drug abusers have a legal right to challenge such
findings throxigh the court system. Those persons detained without trial under the
ISA and the Criminal Law (Temporary Provisions) Act are entitled to counsel but
have no legal recourse through the courts to challenge the substantive basis for
their detention. The ISA also permits the Minister of Home Affairs to order detention
without charges if the President determines that a person poses a threat to national
security. The Government has broad discretion to determine what constitutes
such a threat. The Fi%sident may authorize detention for up to 2 vears; thereafter,
he must redetermine whether the detainee should continue to be held, and may so
order for up to 2 more years. There is no limitation on the number of times a detention
order may be renewed. A detainee's case is reviewed periodically by an advisory
board, to which the detainee may make representations.
The board can make nonbinding recommendations that a detainee be released
prior to expiration of the detention order. K the Minister wishes to act contrary to
a recommendation for release by the board, he must seek the agreement of the
President. Persons are released when the Minister for Home Affairs determines they
no longerpose a threat to national security and are unlikely to resume subversive
activity. Trie 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. ISA detainees normally have been allowed access
to lawyers and visits by relatives once initial interrogation has been completed.
No one was detained under the ISA in 1992. The last two remaining ISA detainees
were released in 1990, Certain government-imposed restrictions, such as on the
right to travel, make public statements, and associate freely, remain in effect
against three former ISA detainees, although these were eased in 1992. Chia Thye
Poh, a former Member of Parliament (M.P.) released in 1989 after 23 years of preventive
detention under the ISA, had been restricted to a small island adjacent to
Singapore, from which he could visit Singapore proper from 6 a.m. to 9 p.m. daily.
He was allowed to move to Singapore proper in November, but his activities are still
restricted. Chia can be employed, subject to the ISD's approval. Vincent Cheng, a
detainee released in 1990, cannot issue public statements or publish without the
ISD's prior consent and cannot travel outside of Singapore without the ISD's prior
written approval. However, he no longer needs to appear at the ISD each month.
Teo Soh Lung, the other ISA detainee released in 1990, cannot issue public statements
or be involved in any organization without prior ISD approval, but is now
free to travel abroad.
e. Denial of Fair Public Trial
The Singapore judiciary system is based on the
British model, but there are significant diflerences (see below). There are two levels
of courts—the Supreme Court, which includes the high court and the appellate
courts, 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 magistrate. The accused has the right to be represented
by an attorney. Trial is by juoge rather than by jury. Persons detained under the
ISA and the Criminal Law (Temporsuy Provisions) 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 any
judicial review of the objective grounds for detentions made under the ISA. The constitutional
amendment also prevents the courts from reviewing the constitutionality
of any law passed by Parliament to prevent subvernion and allows such statutes to
restrict, or even eliminate, judicial review in cases of alleged subversion. This constitutional
amendment was made valid retroactive to 1971. The ISA amendment
placed ISA detentions outside the purview of judicial review, except with respect to
compliance with procedural requirements of tne act. These amendments in essence
put the executive branch in charge of delimiting, on vaguely defined national security
grounds, the scope of certain fundamental liberties provided for by the Constitution.
In 1989 a hidi court judge ruled that no legal challenge to these amendments
can be sustained. The ISA amendment was one oT several legislative actions in 1989
and 1990 which expanded the discretionary power of the Government and limited
judicial review to tne examination of adherence to procedures. The result of these
measures has been to reduce the authority of the judiciary to act as a check on the
Government.
In 1989 Parliament greatly restricted appeals to the judicial committee of the
Privy Council in London, making Singapore s appellate courts the final courts of apgeal
in most cases. The Government explained that different circumstances m
ingapore and the United Kingdom meant that Singapore's laws were best interpreted
by its own judges. However, the legislation also seemed to be in response to
a Privy Council decision reinstating prominent opposition politician J.B. Jeyaretnam
te the Singapore bar and strongly criticizing what it termed the miscarriage of justice
perpetrated against him.
Judges of the Supreme Court are appointed by the President on the recommendation
01 the Prime Minister in consultation with the Chief Justice. A Supreme Court
i'ustioe may remain in oHice until the mandatory retirement age of 65, after which
le may continue to serve at the Government's mscretion for brief, renewable terms
at full salary.
Subordinate-court judges are appointed by the President on the recommendation
of the Chief Justice. These appointments are for fixed periods and may be revoked.
In 1992 the Supreme Court was comprised of a Chief Justice, 11 judges, and 8 "judicial
commissioners" (including the first woman appointed). The Constitution allows
for the appointment of judicial commissioners to the Supreme Court as a stopgap
measure to clear up case backlogs. They have the same powers and perform the
same fiinctions as a Supreme Court judge, and in most cases subsequently receive
permanent appointments to the bench. 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 high and appellate
courts, are well entrenched in the Singapore establishinent and nave close
ties to the Government and its leaders.
The Supreme Court Chief Justice initiated a program of reforms in 1992 aimed
at eliminating a backlog of cases in the courts. The program included an increase
in the number and jurisdiction of subordinate courts. In March Parliament approved
a bill to allow one judge instead of two to preside over capital offense cases. Appeals
are still heard by the three-judge apjpellate court. The Government proposed this
change to eliminate a large backlog of capital cases and to ensure speedy consideration
of new cases. Opponents of the bill, while acknowledging the need to avoid
trial delays, argued that the presence of two judgesprovided an additional piarantee
of a fair trial, of special importance in capital oflenses. In response to criticisms
of the bill, the Government figreed to provide two defense counsels for those accused
of capital offenses who do not directly hire their own counsel.
In October the Supreme Court ruled that a suspect or accused person does not
have a constitutional right to remain silent when questioned by the police. The
Court said it would give the reasons for its ruling at a later date. The Court considered
this issue in response to a July request from the Attomev Greneral. His request
resulted after two high court judges ruled in a murder trial that the police must
expressly inform the accused of his or her ri^t to remain silent. The Attorney General
contended that the law requiring a warning of the right to remain silent was
repealed in 1976 and that, under current law, voluntary statements were admissible
as evidence in court even if the person was not informed of the right to remain silent.
The Attorney General noted that courts have the discretion to scrutinize
uncautioned statements carefiiUy before accepting them as valid evidence.
Government leaders continued their successAil libel or slander suits against domestic
opposition defendants. In April opposition politician J.B. Jeyaretnam lost his
appetd 01 a slander suit filed by Lee Kuan Yew in 1988 for remarks made by
Jeyaretnam at a political rally in August 1988. Jeyaretnam was found guilty of defamation
in a 1990 trial and the court awarded Lee damages and costs equivalent
to $392,000. Jeyaretnam challenged the court assessment Tor legal costs, and in a
November decision, the court of appeals reduced that charge by the equivalent of
$42,000 and awarded Jeyaretnam costs equivalent to $7,200.
In June Workers' Party politician Wee Han Kim agreed to an out-of-court settlement
with Lee Kuan Yew and his son. Deputy Prime Minister Lee Hsien Loong,
for "defamatory allegations" made during a May political rally. In his rally speech.
Wee suggested that Lee Hsien Loong's career had benefited from his family connections.
Rather than face a slander suit, Wee agreed to pay the equivalent of $120,000
to a PAP community fund designated by the Lees and to issue a public apology.
La September Gopalan Nair, a lawyer and former Workers' Party candidate for
Parliament, was suspended from practice for 2 years and ordered to pay court costs
after being found guilty of violating the Legal Profession Act for "grossly improper
conduct" by threatening" the Attorney General. Nair faces possible disbarment or
censure. The diarges resulted from a series of letters Nair wrote the Attorney General
in 1989 seeking information regarding legal proceedings then underway against
J.B. Jeyaretnam. In his letters, Nair said that he would make public his correspondence
with the Attorney General if there was no response. 'The Government proceeded
with this case even though Nair had emigrated from Singapore prior to a
June court hearing on the charge.
f. Arbitrary Interference with. Privacy, Family, Home, or Correspondence.—The
Government uses its wide discretionary powers when it determines that national security
is threatened. In most cases, search warrants are required for intrusion into
the home. Law enforcement oflicers may, however, search a person, home, or property
without a warrant if they decide searches are necessary to preserve evidence.
Warrantless searches can also be conducted under the Misuse of Drugs Act and
the Criminal Law (Temporary Provisions) Act in dealing with drugand secret society-
related ofTenses. Judicial review of such searches can be undertaken by the
courts at the request of the defendant but it is not automatic. 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 credible allegations that they did so in
1992.
Section 2. Respect for CivU Liberties, Including
a. Freedom of Speech and Press
The Constitution permits oflicial restrictions on
the freedom of expression, and in practice freedoms of speech and press are circumscribed.
The law forbids statements that mi^t arouse tensions among the various
races and religions or might threaten national security or public order. The
Government has in some cases applied a broad definition of these laws to restrict
political opposition and criticism. In December the Government refused a permit for
speeches at the opposition Workers' Party annual Democracy Day Dinner. Permits
had been granted in past years. "Inflammatory" discussion of race, religion, or language
is ilTegaJ.
The government-owned Singapore Broadcasting Corporation (SBC) follows government
guidelines and has a near monopoly on broadcasting, operating all 3 free television
channels, all 3 pay channels, and 9 of 12 radio stations. However, the Government
is gradually deregulating and liberalizing the flow of information into Singapore.
The British Broadcasting Corporation (BBC) broadcasts its world service locaUy
on the FM band. Television broadcasts from Malaysia and radio broadcasts
from Malaysia and Indonesia can be received uncensored in Singapore. Home Box
OfTice and Chinese movies are available on pay television. CNN broadcasts, first
carried locally during the 1991 Gulf War, are now available 24 hours daily to subscribers
of a new SBC pay television news channel. Although CNN is carried live,
the Government reviews other cable programs and censors undesirable programs.
In 1991 the Government ended a prohibition on installation of satellite dishes, and
allowed businesses and financial institutions—but not hotels and households—to
apply for licenses. Fewer than 20 institutions, mainly banks, have permits to operate
satellite dishes.
All newspapers, except for a small-circulation Tamil-language daily, are published
by Singapore Press Holdings (SPH), which has close ties to the national leadership.
Holders of "management snares" control all SPH personnel decisions. The Government
must approve, and can remove, holders of management shares. Hence, while
Singaporean newspapers, especiallv the English-language Straits Times, print a
lai^e and diverse selection of articles from a varietv of foreign sources, their editorials
and coverage of domestic events closely parallel government policies and the
opinions of government leaders. Grovemment leaders have criticized the "Western
model" of the media which have an unrestricted responsibility to report the news
as they see it. They argue that the role of the media is to support the goals of the
elected leadership and not to advance their own political agenda.
In August agents of the ISD raided the newsroom of Singaoore's leading business
daily. Business Times, to investigate a possible violation of tne Oflicial berets Act
involving the leak of economic statistics from the Ministry of Trade and Industry.
The investigation also extended to two foreign securities firms. Four people—a government
omcial, a journalist, and two employees at a foreign securities house—were
charged in December with violations of the Oflicial Secrets Act. The ISD raid followed
a series of articles in the Business Times reporting remarks of local and foreign
economists critical of the Government's economic policies. In a speech shortly
aner the raid. Senior Minister Lee Kuan Yew said that pressure groups such as
journalists and economists were testing the limits of Prime Minister Goh and his
Cabinet. Despite later government disclaimers of any connection between the two
issues, Lee's remarks left the impression that one purpose of the raid was to discourage
critical commentary by the press.
A wide range of international magazines and newspapers can be purchased uncensored
in Singapore, although newspapers printed in Malaysia are not circulated.
A 1990 law required offshore newspapers to post a bond of $118,000, strengthening
the Government's control over the ioreign press. This legislation was specifically
aimed at publications covering politics and current events in southeast Asia.
The Government can also limit the circulation of foreign publications that, by the
Government's broad determination, interfere in Singapore s domestic afi'airs. The
Asian Wall Street Journal (AWSJ), Asiaweek, and tne Far Eastern Economic Review
(FEER) are still restricted on this basis. Only a prescribed number of copies
per issue of FEER (270), AWSJ (3,500), and Asiaweek (12,000) can be distributed.
The Government has allowed neither the FEER nor the AWSJ to post a correspondent
in Singapore since 1987 and 1988 respectively. In June the (jovemment agreed
to allow an AWSJ correspondent to spend 14 workdays each month in Singapore,
an increase from the 7 days allowed since November 1991.
In July the Government raised the circulation limit on the AWSJ by 1,000 to
3,5(X) copies per issue. Although Dow Jones, publisher of both the AWSJ and the
FEER, would have preferred tnat market demand determine the AWSJ 's circulation,
the action represented an additional step in the incremental improvement in
relations between the Government and Dow Jones.
Singapore censors movies, video materials, some publications, and music. Foreign
books must be submitted to a censor. Censorship may be applied to materials "contrary
to the public interest," including publications that unaermine the stability of
the state, contravene moral norms, glamorize or promote drug use, or incite racial,
religious, or language animosities. In October the censorship review committee, a
panel established by the Government in November 1991, concluded its reevaluation
of existing censorship guidelines on films, music, publications, videos, and live performances.
The committee recommended tightened controls on high impact media
forms, such as television and film, but some easing of restrictions on drama and certain
typ>es of publications. The (jovemment accepted the committee's recommendations
and said it would implement them in stages. Public surveys indicate that there
is strong public support for continued censorship of sex and violence in films.
Faculty members at Singapore public institutions of hi^er education are government
employees. A number of university lecturers are concurrently PAP M.P. s. Academics
sometimes criticize government policies, but criticism of individual government
leaders and government authoritarianism is infrequent because of possible
sanctions. Tenure and renewal of appointments can be, and have been, remsed to
academics whose work deviates substantially from government views. Published social
science and think tank papers generally suppwrt government policies.
b. Freedom of Peaceful Assembly and Association
Assemblies of more than five
persons in public, including political meetings and rallies, must have police permission.
Those who wish to speak at a public function must obtain permission from the
public entertainment licensing unit, a division of the police criminal investigation
department. Opposition politicians have experienced long delays, and occasional rejection,
in receiving police approval. According to government statistics, 4 out of a
total of 280 applications were rejected in 1992 as ofT)ecember 10.
The Government closely monitors political gatherings regardless of the number
present. 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 extends to the opposition,
but it is not clear that it applies to the PAP, which enjoys the support of residential
committees and neighboiiiood 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. 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 the Jehovah's Witnesses
and the Unification Church. A presidential council on minority rights exists to ensure
that legislation does not infringe upon the rights of religious or ethnic minorities.
There is no state religion, although there are periodic campaigns to make Confucian
ethics the "national ideology" of Singapore. The Government has provided financial
assistance to build and maintain mosques. There is no religious test for employment
in the Government or for membership in the PAP.
The 1990 "Maintenance of Religious Harmony Act" made it illegal to proselytize
in a manner that could inflame religious enmity and proscribed what the Government
deemed to be the inappropriate involvement of religious groups and officials
in political aflairs. The act explicitly denies the judiciary the competence to review
possible denial of rights which could arise from the application of the act, and specifically
denies judicial review of its enforcement. One reason given by the Government
to justify adoption of the Religious Harmony Act was concern over the growth
of charismatic Christian groups which do not recognize the unofficial agreement
among establishment religious organizations not to proselytize among those of other
faiths. The act has had the effect of causing some religious groups to exercise more
self-restraint. A 1990 government White Paper on religious harmony cited the Reverend
Rick Seaward and his church as an example of such groups. Seaward was
charged in 1990 with criminal breach of trust (fraud) in a case involving the leasepurchase
of sound equipment by his church from a firm affiliated with him. After
a well-publicized trial, he was convicted in June and sentenced to one day in jail
and fined the equivalent of $6,000. In December, the courts ordered Seaward to pay
the equivalent of $47,400 for prosecution costs. Seaward is appealing his conviction.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
All Singapore citizens and permanent residents over the age of 13 are
recjuired to register with the (Jovemment 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. During this period people must obtain exit permits
before traveling outside Singapore. The (jovemment may deny a passport, and
it has done so in the case of released 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.
Singapore does not offer first asylum to refugees. Government policy permits Vietnamese
asylum seekers rescued at sea to disembark and remain for up to 90 days
only if Singapore was the rescuing vessel's next scheduled port of call and if a resettlement
country provides a removal guarantee. Singapore has not accepted the Comprehensive
Plan of Action, and continues to insist that its policy requires Vietnamese
asylum seekers to depart within 90 days. In practice, Singapore limited the disembarkation
of rescued Vietnamese in July 1990 and halted it completely in June
1991 because removal within 90 days could not be guaranteed. As of October 1,
1992, there were 86 asylum seekers at the Hawkins Road camp which has a stated
capacity of approximately 1,000 persons. Persons of other nationalities who enter
Singapore and who come to the attention of the U.N. High Commissioner for Refugees
(UNHCR) are permitted to have their status determined for possible resettlement
elsewhere. There is no systematic procedure for ensuring that asylum seekers
are referred to the UNHCR.
Section 3. Respect for Political Rights: The Right of Citizens to Change Their Government
Constitutionally, Singaporeans have the right to change their government peacefully
through democratic means and, in fact, the voting and vote-counting systems
in elections are fair, accurate, and free from tampering. This was the case in a December
by-election called by the Prime Minister in his own district, in which the
four PAP candidates defeated three opposition parties and were elected with 73 percent
of the vote. However, the Government has extensive powers which it uses to
place formidable obstacles in the path of current and would-be opponents. The PAP
has an overwhelming majority in the current Parliament, elected in August 1991,
controlling 77 out of 81 seats. In September Parliament accepted the appointment
of six "Nominated Members of Parliament" (N.M.P.'8). These appointments, allowed
by legislation enacted in 1990, permits the selection of up to six N.M.P.'s, usually
neutral and talented people not interested in running for oflice, who can raise the
level of debate and decisionmaking in Parliament. The actual implementation of this
biU is determined by each new Parliament, which decides how many N.M.P.'s, if
any, it wishes to appoint. N.M.P.'s enjoy restricted voting privileges.
Opposition parties have been unable seriously to challenge the PAP since the late
1960's. Consequently, the PAPs domination of politics in Singapore continues as it
has for three decades under the authoritarian leadership of Lee Kuan Yew. The
PAPs political success in large part results from government policies which helped
Singapore achieve rapid economic growth, thereby enabling the Government to provide
a wide array of public services. The PAP eiyoys a broad base of popular support,
sustained in part through neighborhood, youth, and labor associations.
Political parties, while legally free to organize, are subject to strict regulations on
party constitutions, iundraising, and accountability. While the PAP has been able
to enjoy the support of ostensibly nonpolitical organizations, the Government has
used its broad aiscretionary powers to ninder the creation of support organizations
for the opposition parties. The PAPs grip on power has also been enhanced by patronage,
such as the network of town councils; political control of the press, courts,
and religion; strong party discipline and performance; and its access to the instruments
of power. For example, government programs announced in 1992 to refurbish
public housing and sell government-owned shop space give priority to PAP constituencies.
Efforts by opposition parties to rent oflice space in government-housing estates
and to estaolisn community foundations which run private kindergartens have been
hampered by changes in regulations enacted alter the August 1991 elections. The
PAP attributes the lack of an effective opposition to disorganization, lack of leadership,
and lack of alternative policy programs.
In January 1991, Parliament passed a constitutional amendment changing Singapore's
ceremonial presidency into one with veto powers over government budgets
and key public appointments. The amendment went into eflect in November 1991.
There is no mechanism for overriding presidential vetoes, except in the case of "supply
bills," legislation that authorizes government expenditures. The vote for Singapore's
first popularly elected President, who will serve a 6-year term, must take
place before the term of Singapore's incumbent President expires in September
1993.
Section 4. Governmental Attitude Regarding International and Nongovernmental Investigation
ofAlleged Violations ofHuman Rights
There are no nongovernmental organizations, with the exception of the opposition
golitic^ parties, that actively and openly monitor alleged human rights violations.
Iflbrts by any independent organization to investigate and publicly criticize government
human rights policies would face the same obstacles as those faced by the political
parties. Governmental bodies, such as the presidentialW appointed minority
rights council, review legislation to ensure that it is not disadvantageous to a particular
ethnic group. They also report to the Government on matters affecting any
racial or religious community ana investigate complaints presented to the council
by people.
Tlie Government denies that international organizations have anv 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 Singapore. The Government did not receive any requests in
1992 from human rights organizations asking to examine the human rights situation
in Singapore.
Section 5. Discrimination Based on Race, Sex, Religion, Language, or Social Status
Because of Singapore's history of interconununal 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 and actively
participate in the political process.
The Constitution acknowledges the "special position" of Malays as the indigenous
f>eople of Singapore, and charges the Government to support and promote their "poiticaJ,
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, instead leaving it up to the
ethnic communities, individual initiative, and the marketplace to determine economic
success.
While precise statistics are not readily available, government oflicials acknowledge
that Malay Singaporeans are represented disproportionately in the bottom
quarter of Singapore's economy. De facto employment discrimination against Malays
and Indians exists. Job advertisements often specify the ethnicity and gender required
of applicants.
Women have the same legal rights as men in employment, education, child care
and custody, and in the running of a household, but do not have equal ri^ts with
men in the transmission of citizenship to their children or in the conferral of the
right to residence of a foreign spouse in Singapore. Women can vote and hold any
public office. Although the political and business elite is still overwhelmingly male,
women are found tIux)ughout the rest of the job spectrum, eiyoying equal pay for
equal work.
There is no evidence of any widespread practice of violence or abuse against
women. Singapore's laws protect women against domestic violence and against sexual
or physictu harassment. Domestic viofence can be dealt with under either the
Penal Code or the Women's Charter. The Women's Charter, enacted in 1961, abolished
arranged marriages and gave husband and wife equal rights with respect to
property ownership and divorce. Muslim women are not covered by the Women's
Charter, but eigoy the same rights and protections under other laws, except that
Muslim men may divorce unilaterally whereas Muslim women may not. The Government
enforces the Women's Charter as a fundamental aspect of the republic's
family law. Through the latter, a battered wife can obtain court orders barnng the
spouse from the home until the court is satisfled 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 so as to cause the
victim fear of death or injury.
Section 6. Worker Rights
a. The Right of Association
The Constitution gives all citizens the right to form
associations, including trade unions. Parliament may, however, impose restrictions
based on securitv, public order, or morality grounds. The right of association is delimited
by the Societies Act and by labor and education laws and regulations. In
practice. Communist labor unions are not permitted. The Trades Union Act authorizes
the formation of unions with broad rignts, albeit with some narrow restrictions,
such as prohibitions on the unionization of uniformed employees and of the holding
of union office by persons with criminal records. The national work force comprises
about 1.5 million workers, of whom some 225,000 are organized into 83 trade
unions. Some 74 of these unions, which represent about 98 percent of the unionized
workers, are afliliated with the National Trades Union Congress (NTUC), an umbrella
organization which has a loose relationship to the Government.
The NTUC unabashedly acknowledges that its interests are closely linked with
those of the ruling PAP. The second deputy Prime Minister, Ong Teng Cheong,
serves as NTUC Secretary General. Several NTUC oflicials are PAP M.P.'s. NTUC
policy prohibits unionists who actively support opposition parties from holding oflice
in afliuated unions. While the NTUC is financially independent of the PAP, with
income generated by NTUC-owned businesses, the NTUCf and PAP share the same
ideology.
Workers have the legal right to strike but rarely do so; the most recent strike took
place in 1986. The Government claims this is so due to, inter alia, cultural aversion
to confrontation, concern about maintaining Singapore's attractiveness to investors,
a labor shortage that has increased wages, and economic success that has allowed
employers to pay higher wages. Critics note that the PAP/NTUC nexus is also a significant
factor.
The NTUC is free to associate regionally and internationally.
b. The Riaht to Organize and Bargain Collectively.—Collective barKaining is a normal
part oi management-labor relations, particularly in the manuiacturing sector.
However, the International Labor Organization (ILO) noted in 1992 that certain issues
are excluded by law from collective bargaining and that the industrial arbitration
court has the power to refuse to register the collective bargaining agreement
of newly establishea enterprises in certain instances. On average, collective bargaining
agreements are renewed every 2 to 3 years. A National Wages Council (NWC)
bnngs business, labor, and government representatives together to establish guidelines
for annual wage packages. Collective agreements negotiated between labor and
management generSlv follow the wage guidelines issued annually by the NWC. The
Industrial Relations Act makes it an oiiense 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 $600 and/or a 12-month prison sentence. Labor laws
and regulations are enforced uniformly. There are no export-processing zones, nor
are special concessions given to Arms producing for export.
c. Prohibition of Forced or Compulsory Labor
Under sections of Singapore's Destitute
Persons Act, any indigent person may be required, subject to penal sanctions,
to reside in a welfare home and engage in suitable work. The ILO has criticized the
coercive terms of this act, which are not in compliance with the ILO Convention on
Forced Labor, ratified by Singapore in 1965. The Government maintains that work
is not mandatory for residents in welfare homes, but is intended to prepare people
for employment. In 1992 there were 1,360 residents in government-run welfare
homes, 609 of whom were engaged in work.
d. Minimum Age for Employment of Children
The Government enforces the Employment
Act, which sets the minimum age for the employment of children at age
12. Children under age 14 must receive written permission from the Commissioner
for Labor if they wish to work in an "industrial undertaking." The number of such
applications was 11 in 1991 and 1 as of June 1992. The Commissioner for Labor
has never approved such applications, but the Government has chosen not to harmonize
its legislation with the requirements of the Convention on Minimum Age
(Industry), as recommended by the ILO. Industrial employers must notify the Ministry
of L^bor within 30 days of hiring a child between the ages of 14 and 16. The
incidence of children taking up permanent employment is very 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 cannot work on commercial
vessels, with any live electrical apparatus lacking effective insulation, or in any underground
job. These laws and regulations are effectively enforced by the Ministry
of Labor.
e. Acceptable Conditions of Work
Singapore has no minimum wage or unemployment
compensation, but 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. Laws and regiiJations establishing
working conditions are effectively enforced by the Ministry of Labor, as are 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. The average severity
of occupational accidents has also been reduced.
Because of the domestic labor shortage, more than 250,000 foreign workers are
employed legally in Singapore, 16 percent of the total work force. Most are unskilled
laborers and household servants rrom other Asian countries. Foreign workers face
no legal wage discrimination; however, they are concentrated in low-wage, low-skill
{"obs. Some 50,000 foreign maids, mainly from the Philippines, Indonesia, and Sri
^anka, are employed in Singapore, and there have been complaints of abuse or poor
working conditions. The Government does not bar complainants from seeking legal
redress. Employers who have abused domestic servants have been fined or imprisoned,
often with great publicity. The Government acknowledged the problem of illegal
aliens working in Singapore by passing a law in 1989 imposing a caning penalty
on aliens who overstay in Singapore by more than 90 days. Parliament has passed
a law to impose a canmg sentence and fines on businessmen who employ more than
five workers illegally. No one has been caned under either law.
