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TITLE: SINGAPORE HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
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.