Showing posts with label human rights. Show all posts
Showing posts with label human rights. Show all posts

Sunday, 3 June 2012

In Memory of 1987


On Saturday 2 June 2012, MARUAH and Function 8 organized an event called "That We May Dream Again" to commemorate the 25th anniversary of Operation Spectrum. I spoke at this event as Vice-President of MARUAH.

In Memory of 1987

Ladies and gentlemen, friends and colleagues, thank you for coming here today. My name is Siew Kum Hong. I speak today in my capacity of Vice-President of MARUAH. And I am very honoured to speak here today.

The U.S. President Franklin D. Roosevelt once said: “The only thing we have to fear is fear itself.” Looking at all of you here today, I am heartened to know that so many Singaporeans are no longer afraid of the Internal Security Act, or of the 1987 detentions.

And fear is the currency of the ISA. Its scope is notoriously broad, its wording infamously vague. I personally believe that this is deliberately so, to keep the population in line.

I once heard someone say, with full sincerity and conviction, that the ISA has not been used to detain political opponents in the last 10 to 15 years. I think that is probably true. But that time-frame seems carefully selected. Would that person have been equally sincere and convincing, if he had said 25 years instead?

The events of 1987 still haunt many Singaporeans, especially the older generations. It is different from younger Singaporeans, many of whom had not even been born in 1987.

In 1987, I was 12 years old.  I only have a hazy recollection of what was happening then. So most of what I know is based on what I have seen, read and heard as an adult. And of course, what I studied in law school and what I and my colleagues in MARUAH have researched since.

Like how some 1987 detainees challenged their detentions and won their case before the Court of Appeal, only to be immediately re-detained upon their release. Like how the Government quickly amended the ISA after that case, to limit future reviews of ISA detentions by the courts to purely procedural grounds, as you’ve just heard Jeannette say. Like how, even in the post-9/11 world where preventive detention laws have become more commonplace, the ISA continues to lack the checks and balances found in other countries’ laws.

What are some of these missing checks and balances? Firstly, even though the detainees are not brought before the courts, they are still subject to some sort of hearing that should comply with due process. In Singapore, we have a hearing before an advisory board. But this process is shrouded in secrecy and is completely non-transparent.

According to a lawyer who has appeared before advisory boards, the detainees and their lawyers do not get to see the evidence that is presented against them, and do not have the right to challenge witnesses against them. The decisions of the advisory board are not published and not even disclosed to detainees. So much for the right to a fair hearing.

Another critical area where the ISA falls short of international norms, is the maximum period of detention without trial that is allowed. For instance, Australia allows detention for only up to 48 hours. Even the UK, which has suffered actual terrorist attacks on its own soil, only permits detention for up to 28 days.

But in Singapore, preventive detention is potentially indefinite – for instance, Chia Thye Poh was first detained in 1966, released from ISD detention in 1989 after 23 years, but confined to Sentosa until 1992. The remaining restrictions were gradually lifted over the years, and he became a completely free man only in 1998 – 32 years after he was first detained.

Singapore went through the Universal Periodic Review process last year, which is a process where the United Nations reviews each country’s human rights record in turn. MARUAH submitted a paper focusing specifically on preventive detention and the death penalty. In that paper, we called for numerous reforms to the ISA to bring it in line with international norms and due process. The objective was to ensure that even if there is a legitimate security requirement for preventive detention, the detention is done in accordance with human rights norms and due process.

Since then, we have refined our position. MARUAH now thinks that the best way to achieve that objective, is to simply repeal the ISA and introduce new anti-terrorism laws consistent with human rights.

And that is exactly what Malaysia has done. Around six weeks ago, Malaysia repealed its own ISA, replacing it with an anti-terrorism law that limits preventive detention to 28 days. Yet, the Singapore Government continues to insist that it needs the ISA in its current form, and that a specific anti-terrorism law would not work or would not be enough or would take too long to implement. The Singapore Government continues to make these bald assertions without any real explanation or justification.

Well, I can only say in response: “Malaysia boleh!”

As many of you know, MARUAH is also calling for an independent Commission of Inquiry into the 1987 detentions. We are asking Singaporeans to sign a petition in support of this call.

Look around you today. Today, we see so many of the so-called Marxist conspirators standing together again, in public. This is Singaporeans’ chance to find out the truth for themselves.

Look at the ex-detainees. Go up to them. Talk to them. Look into their eyes. Listen to what they have to say, but more importantly listen to how they say it.

And then ask yourself: could these allegations really be true? Could they really have been subversives? Could they really have plotted to overthrow the Government? Could there really have been a Marxist conspiracy, or any conspiracy at all? And if the answers to those questions are “no”, then what could have been the justification for the detentions?

I have always doubted the supposed reasons for the 1987 detentions. And the first time I met and spoke to Vincent Cheng, I stopped having any doubts. I knew that I could not accept the story put forth by the Government. I became convinced that these were just good men and women who wanted a better Singapore. And for that, I salute them.

The 1987 detentions effectively killed civil society for an entire generation. Activists saw what happened to those who were willing to act on their conscience, and either gave up or went underground. Common people saw what happened to those who were willing to stand up and be counted, and so they shut up and sat down.

The Government talks about an active citizenry, it talks about getting Singaporeans involved. They talk about so many things, but they don’t talk about the great big elephant in the room.

In recent years, ex-detainees, whether from 1987 or earlier, have been publishing their own accounts about what happened to them. And these stories always contradict the official version stated by the Government. So far, the Government has completely failed to respond to the ex-detainees. As a first step towards coming to terms with the ISA, we need to understand, once and for all, what really happened in 1987. What evidence did the Government have of a conspiracy, that led them to order the detentions? Were the confessions by the detainees coerced? Were the detainees mistreated or tortured?

A famous American judge once said: “Sunlight is said to be the best disinfectant.” I ask the Government to shine a light on the events 25 years ago, and once and for all resolve all the doubts and questions that so many Singaporeans continue to have. Hold an independent Commission of Inquiry, and disinfect this gaping wound in our national psyche and soul. That is the only way that we can start to heal, and finally begin to come to terms with this dark stain on Singapore’s history, and have an informed national discourse on whether the ISA in its current form is necessary today.

Ladies and gentlemen. Thank you for listening. Thank you for coming today. Most of all, thank you for taking a stand against this law called the Internal Security Act, that has destroyed so many lives. May we see its abolition soon.

Tuesday, 9 August 2011

Lee Kuan Yew – giant of a repressive decade

This article was first published on The Online Citizen on August 8, 2011

I consider myself a child of the ’80s. Born in 1975, I first became conscious of the world around me in the 1980s.

Even by Singapore’s standards, there were a lot of changes in that decade. Many of these changes have gone on to become integral and fundamental to what Singapore is today.

Group Representation Constituencies (GRCs) were introduced in 1988. Much of the foundation of today’s transport system were laid, with the AYE, BKE, ECP and PIE being opened throughout the decade and the MRT being officially opened in 1988 (after a soft launch in 1987 with just five stations – I still remember my dad taking me to ride the train from Ang Mo Kio on its first day!). Even the hotly-debated topic today, the Elected Presidency, was first mooted in the 1980s.

Echoes from the darker events of the ’80s still resonate today as well. The much-hated graduate mother scheme has reared its head again in the pre-campaigning for the Elected Presidency, with questions have been asked whether Dr Tony Tan had supported or opposed it. The likes of Teo Soh Lung and Vincent Cheng, as well as others involved in social enterprise Function 8, have continued to raise questions about the 1987 so-called Marxist conspiracy.

One man dominated the landscape through all these developments and events: Mr Lee Kuan Yew. He was the Prime Minister through the entire decade, stepping down only in 1990. Mr Lee’s dominance of the 1980s was all the more reinforced with the retirement of his colleagues from the First Generation leadership throughout the 1980s, starting with Toh Chin Chye in 1981, continuing with Goh Keng Swee in 1984 and culminating with S. Rajaratnam in 1988. In comparison, Mr Lee took another 21 years more to leave the Cabinet, which occurred only this May in the wake of the General Elections.

What then were the 1980s like? If we had to identify one single theme from the decade, what would it be?

Unfortunately, I would have to say: repression. The scars of the 1987 detentions lasted for 3020 years; it is only in recent years, that the former detainees have felt able to tell their own stories and ask the questions that have cast such doubt on the government’s official account. The treatment of Mr J.B. Jeyaretnam, the first opposition politician to win a parliamentary election in post-independence Singapore, left a sour taste, with Mr Jeyaretnam being disqualified from Parliament despite a strongly-worded judgment in his favour by the Privy Council. The actions against Mr Francis Seow sent a warning signal to other would-be dissidents, while the muzzling of the Law Society and hence the legal profession continues today.

These events from the 1980s, followed by the defamation suits in the 1990s and criminal prosecution of the civil disobedience activists in the 2000s, did much to silence dissent and instill the much-discussed climate of fear in Singapore. It is only this year, that this climate of fear has been reduced, if not dissipated.

Mr Lee was a driving force, if not the main player in the government, in all of these events. So as I looked back at the 1980s, I could not help but think of Mr Lee. He was truly a giant in Singapore’s history. Sadly, he was also the dominant figure in this repressive decade.

Friday, 18 March 2011

MP Hri Kumar responds to me

I received an email from Hri last night -- he mentioned that he had been trying to respond to my last post the past couple of days, but for some reason had not been able to post the comment. He then asked for my help to publish it.

Given the length of his response, and also the attention that our exchange seems to have garnered, we decided that it would be appropriate to publish his response as a standalone blog post. I've not really had time to digest it fully, but will aim to respond over the weekend -- since this is my blog, it's my chance to have the last word! :)

Hri's response is reproduced below in full, without edits.



Kum Hong,

We agree on a number of things. You have met my “extreme” example of an able-bodied person who does not want to work (I have met some, by the way) with another “extreme” - “the single mother supporting two children and an elderly mother, who has to go home after work to take care of her children and mother”. We both agree that the latter is more deserving of help.

But where we disagree is this: you feel that no help exists currently, and the children of the single mother will be trapped in the poverty cycle. The truth is that she will be helped, by both the Government as well as private parties. Let me give you some concrete examples. One of things we try our best to ensure is that no child is deprived of a good education, or even a meal in school, because of the lack of funds. So we help poor families with a combination of Government subsidies, COMCARE support, The School Pocket Money Fund and other sources. In Bishan Toa-Payoh GRC, we raised over $3 million last year from private donors to fund community scholarships for children of poor families for the next 10 years. We even visit the homes of those who do not enroll their children in kindergarten (although enrolment is not compulsory) to make sure that this not because of the lack of funds; and if it is, we help them with the fees. The number of children who do not go to kindergarten has now fallen to 1% of their cohort - most of these children are home-schooled.

So, it is easy to berate the current system as “punish(ing) the children for the sins of their parents”. But that is simplistic and inaccurate.

I prefer our current system which directs help to those who need it, rather than one which purports to give universal and unconditional aid. It actually means much more work for the Government, as it involves examining each case and determining the most effective form of help to give. But I think that is a worthwhile exercise as different families have different challenges and circumstances. What is wrong is for us to simply give public money to everyone who holds his hand out, without proper scrutiny and assurance that it will be effective and reaches the right people. Many taxpayers will object to using public money to support people who can help themselves. Their views are also relevant.

I am not suggesting that we have a perfect system. We do not. Where we can, and should never stop trying to, improve is to develop a system which ensures that every Singaporean who needs help is not missed. That is a real challenge. The only way to meet it is to involve everyone, from the Government, grassroots organizations, VWOs and the immediate community. Every Singaporean should feel that he has a part to play in looking out for those less fortunate than him. I think that is how it should be.

There will also be challenging cases – like your example of an able-bodied father who refuses to work, to the detriment of his children. I know of a real life example in my constituency. The way we helped was to find work for his wife, and to calibrate our aid so that the children have their needs met and are able to continue their education. We did not “turn our heads away”.

So I think we can agree on one more thing – real life does not lend itself to simple solutions like the one you have posed. But I am happy that this debate has gained interest, because it shows that Singaporeans feel strongly about this issue.

Sunday, 13 March 2011

Response to questions from Hri Kumar

It seems that MP Hri Kumar posted a comment in response to my piece "Room for fresh ideas on income gap". I missed it earlier but was just told about it.

Here is his comment in full:

Kum Hong,

How does this idea work? If an able-bodied person decides that he does not want to work, do we all have to ensure that he has a "minimal standard of living"?

If he is earning a living, but refuses to upgrade himself, do we pay him the difference between what he earns and the "minimum" sum he needs? Where is the money from the endowment fund going to come from - all of us I presume?

How much will such a fund require as a start and how much do we need to replenish it annually? What programs or other expenditure are we dropping to fund it? Unless these questions (and many others) are answered, I am afraid you have wasted a Saturday."


I guess Hri and I must have very starting points and different philosophies on how (and to what extent) to help those less fortunate than us. Prof Kishore Mahbubani has suggested that the Government has, through its own surveys, ascertained that it costs S$1700 pre month for a 4-person household to maintain a "reasonable standard of living" -- as defined by the Government itself. The question then is whether we, as a society, have a duty to ensure that everyone has that reasonable standard of living (and corresponding standards for households with different configurations), and if so how.

I will take each of Hri's questions in turn:

How does this idea work? If an able-bodied person decides that he does not want to work, do we all have to ensure that he has a "minimal standard of living"?

In an earlier piece "Beefing Up Workfare" (published in TODAY on 24 Jan 2011), I had advocated using Workfare (but essentially pumped up on steroids) as the basic mechanism to get working families up to $1700 per month. So I do not subscribe to the idea of giving an able-bodied person, who deliberately chooses not to work, $1700 per month.

But as we will see below, this question oversimplifies the difficulties of real life.

If he is earning a living, but refuses to upgrade himself, do we pay him the difference between what he earns and the "minimum" sum he needs?

What does "refusal" mean? Perhaps we need to define that. I can anticipate the theoretical construct of an able-bodied person who is the sole breadwinner who works and earns a living (short of $1700), who can find the time to go for upgrading but deliberately chooses not to, because he/she prefers to sit in a coffeeshop drinking beer and smoking with friends.

But again, that may be an extreme. What about the single mother supporting two children and an elderly mother, who has to go home after work to take care of her children and mother? Does she have time to upgrade? If she declines to go for upgrading for this reason, is that "refusing to upgrade"?

What if the person works two jobs, both of which still come up to less than $1700, and going for upgrading might mean losing this precious second job? What if the person works just one job, but the job is not a fixed 9-5 job (as most jobs are wont to be nowadays), and the employer is not sympathetic and does not encourage the person to go for upgrading courses outside of working hours?

Do we penalise these workers as well, because of the possible existence of the theoretical construct?

In the Budget speeches, during the National Day Parade and at the National Day Rally, we frequently see celebrations of those workers who have managed to upgrade themselves and get better jobs. Kudos to them. But it would be a mistake to conclude from their shining examples, that all of the others who have not had those successes, had deliberately chosen not to take that path of upgrading.

Where is the money from the endowment fund going to come from - all of us I presume?

Yes, from all of us. If I were Carlos Slim, then I would fund all of this by myself. But if we, as a country, purport to subscribe to the principles of the Universal Declaration, then we have to fulfill those obligations applicable to us as a country.

In a Straits Times article "Thumbs-up for 'many helping hands'" (March 9, 2011), social welfare policy expert Prof Lester M. Salamon noted that "countries around the world have learnt that the problems of poverty, maintaining health, improving the environment, even fostering culture, cannot be handled by private philanthropy alone. 'They require as well the active involvement of government and the resources that government alone can command.'"

He went on: "No country that I am aware of has made the many helping hands philosophy work well yet without the government taking a significant leadership role. Perhaps Singapore will be the first one to do it. But since we don't have much data on non-profits here, we won't know whether it is working or not."

So yes, I think the money has to come from all of us, and I do not see an issue with that.

How much will such a fund require as a start and how much do we need to replenish it annually? What programs or other expenditure are we dropping to fund it? Unless these questions (and many others) are answered, I am afraid you have wasted a Saturday."

I'm not in a position to answer these questions -- the piece is meant (or rather hoped) to start a conversation, a debate, ideally a process. But the answers to these questions can be developed along the way.

I also don't understand why it is necessary to have all (or even most of) the answers in place before something can be considered; after all, even the Government conducts public consultations on proposed policies, presumably because the Government doesn't already have all the answers (otherwise it would be a wayang, would it not?). When MPs make speeches and propose policies, they also do not purport to offer complete solutions with all questions before making these suggestions.

So no, I don't feel like I had wasted that Saturday.

Since Hri has posed some questions, I have some of my own.

I agree that an able-bodied person may deliberately choose not to work, and we can then validly decide not to support him/her -- people have the right to choose, but they should also be prepared to live with the consequences of their choices.

But what about the others who are also impacted by those choices, but have no influence over it? If the able-bodied father of two children deliberately chooses not to work, and the mother is for some reason unable to work, then do we simply turn our heads away and ignore the children's and the mother's suffering? If the mother is able to work, but is not able to make enough to meet that $1700 per month standard, then do we nevertheless punish her and her children for the father's choices?

Do we ignore our duty to give the next generation the chance to succeed, and thereby punish them to a vicious cycle of poverty? Do we punish the children for the sins of their parents? Because punishment is exactly what it would be, if we have the power to help but decide not to -- because the father made the wrong decision. For all of the Government's rhetoric on personal responsibility and self-sufficiency, we hardly hear anything said about ensuring that the parents' sins are not visited on the children.

Yes, simple questions have clear, easy answers. But real life usually does not lend itself to simple questions like the ones posed to me above.

Monday, 28 February 2011

Room for fresh ideas on income gap

I wrote this over Saturday morning. The ideas in this piece had been percolating in my head over the past week, and they all came together and gushed out over a few hours. First published in today's TODAY.

Room for fresh ideas on income gap

Keep our economic model, but set up endowment to fund measures to ensure a minimal standard of living

05:55 AM Feb 28, 2011

As I thought about last week's Budget statement, a quote by Albert Einstein kept playing in my head. The pre-eminent genius of the 20th Century once said: "The definition of insanity is doing the same thing over and over again and expecting different results."

I am of course not suggesting in any way that the Government is mad, but what struck me most about the Budget - which Parliament will debate today - was that it was pretty much more of the same, albeit "upsized" for the anticipated elections: More ad hoc special transfer payments to help the low-income, more tax incentives to increase productivity, more funding for training and research and development, so on and so forth.

Finance Minister Tharman Shanmugaratnam said that Singapore's approach to helping the low-income must "remain centred on opportunities, not entitlements".

Many Singaporeans would agree with this, and they would disagree with the need to change a winning formula when the past policies have worked.

But I would hazard that most of those stuck at the wrong end of the widening income gap would disagree about the past policies having worked. Based on Department of Statistics figures, the Gini coefficient increased from 0.442 in 2000 to 0.472 last year, or from 0.430 to 0.452 if government special transfers are taken into account. So it is understandable for the low-income to question if more of the same would really address the issue.

At a forum at the National University of Singapore (NUS) last Tuesday, economist and NUS assistant professor Chia Ngee Choon noted that the Government's targeted 30-per-cent increase in productivity over the next 10 years would probably be achieved only by the middle and upper class, and asked: "Does this tide of economic growth raise all boats? It may raise only those in the middle income and above." In other words, the opportunities may be there, but they will fall largely to the middle- and high-income.

If the strategies used in the past have not successfully addressed one of the most critical socio-economic issues facing Singapore, why then would more and more of the same lead to a different outcome this time?

I am not advocating the wholesale abandonment of our existing economic model. But surely it is time for a fresh think about how to address the widening income gap.

For starters, the way we characterise and think about a stronger social safety net has to change. I am not calling for a Nordic-style cradle-to-grave social welfare system, or for the Government to use generous benefits backed by punitive taxes to equalise incomes across society.

But we have the room and resources for institutionalised social welfare measures to ensure a minimal standard of living reasonably commensurate with our overall developmental status as a society.

Anything beyond that minimal level should not be based on entitlement, but must instead result from the opportunities that the Finance Minister talked about, which we have to work hard to keep open to all. Entitlements and opportunities do not have to be mutually exclusive.

Some will argue that this would represent a dangerous first step down a slippery slope of ever-shriller calls for increased benefits. But this argument implies a willingness to disregard the suffering of our less-fortunate brethren, simply because of a theoretical risk that our Government cannot resist public pressure.

We can also mitigate any such "slippery slope" risk by funding such measures through a substantially-funded endowment fund, and topping up the fund only when resources are available - much like what is being done with the ElderCare and Comcare funds, as well as the National Research Fund.

The Government had, in its National Report for the United Nations' Universal Periodic Review process submitted recently, affirmed that "Singapore fully subscribes to the principles enshrined in the Universal Declaration of Human Rights (UDHR)".

The UDHR provides for everyone to have the rights to social security and an adequate standard of living. But the latest Budget measures fall short of those commitments.

Government surveys have found that a four-person household needs about S$1,700 per month to cover basic costs of living, according to Professor Kishore Mahbubani, Dean of the Lee Kuan Yew School of Public Policy. Yet statistics show many low-income households in Singapore fall below this threshold, and there were no Budget measures to specifically rectify this.

Ad hoc transfers like the one-off "Grow and Share" package in this year's Budget fall short of what our commitment to the UDHR requires, depending as they do on the existence of surpluses and the discretion and generosity of the government of the day.

In his New Year message at the start of this year, Prime Minister Lee Hsien Loong identified the widening income gap as a key concern to tackle. The lack of fresh ideas in the Budget statement was therefore disappointing. Hopefully this will change after the Budget debate that starts today.

Siew Kum Hong is a corporate counsel and the vice-president of MARUAH (Working Group for an ASEAN Human Rights Mechanism, Singapore), a human rights NGO and gazetted political association.

Thursday, 22 July 2010

Wednesday, 14 July 2010

Transcript of Dr Lim Hock Siew's speech

A text transcript is here, courtesy of some, er, livestock. And to be clear, and to again show the pointlessness of this entire exercise by the Government, the posting of this transcript does not violate the Acting Minister's order banning the film.

Tuesday, 13 July 2010

Why censorship is evil

When I signed the Arts Community Position Paper on Censorship and Regulation, one of the ArtsEngage folks emailed me asking if I could blog about it. I wanted to, but never quite got around to it. Until now.

The catalyst was the ban on Martyn See's film on Dr Lim Hock Siew. I won't go into the substantive content of the film, or the comments by Dr Lim -- that is for another day and another forum, and I will only say here that detaining someone for 19 years without trial is quite unacceptable, to say the least. But I will talk about censorship.

The point here is that this was a factual recording of a speech, nothing more nothing less. No deceptive editing, no emotive music, no crafty juxtaposition of images. So the usual arguments trotted out by the Government about the "special emotive power" of film do not apply.

If there was anything in this film that could possibly be the subject of a bandeserved to be banned, it would have to be the words used by Dr Lim. If his speech was somehow illegal or unlawful, then the authorities should go after him for having made that speech and used those words. Go to the source and address the root problem, so to speak. Instead, the Government has chosen to suppress the film, without prosecuting Dr Lim for the speech. If the speech itself was lawful, then how can the possession or distribution of the film be unlawful? Why should the film be banned? How can the recording of words be somehow more illegal than the words themselves? And if Dr Lim had acted unlawfully, so much so that the Government saw fit to take action and ban the film, then why are they not prosecuting him?

And so we get to the nub of the matter. Censorship by administrative fiat, as in this case, allows the censor to hide and suppress inconvenient or unfavourable facts, ideas and/or words, regardless of whether those facts, ideas and/or words are true, justified or lawful. It gives the censor a convenient tool that obviates any need to confront or address the facts, ideas and/or words in question. It denies one's right to speak words that are lawful. And the fact that all this can be done, in itself has a censoring effect.

That is the nature of censorship in Singapore. That is why I signed the ArtsEngage paper. That is why regulation and not censorship has to be the way.

And this case shows why the Internet is such a powerful tool against censorship. The Acting Minister's order was for Martyn to take down all copies of the film uploaded by him onto YouTube and his blog. Well, the video is already widely available elsewhere, presumably thanks to the efforts of others subsequent to the issuance of the order. Martyn can comply fully with the letter of the order, without affecting the availability of the film on the Internet.

(As an aside, there may in fact be a procedural flaw in this exercise by MDA. They served on Martyn a letter from BFC and a press release from MICA, but it seems, at least from his blog, that the actual order by the Acting Minister was not served on him. This may be a procedural defect. How do we know whether or not an actual order has been signed, or that even if signed, it was without defect? A defect in the order can render it null and void -- ironically, a legal principle recognised by Dr Lim in the film when he recounted how the court once ordered his release because the detention order was signed by a civil servant instead of the Minister, as was required.)

Ultimately, this is again another exercise where Singapore is embarrassed (EDB and STB can do all the branding and marketing campaigns they want, but actions speak louder than words and incidents like this shout things out loud), with very little real effect. Well, I should correct myself -- maybe this incident has had a net positive effect. After all, the film is still available and has received a lot of free publicity, and the spotlight has been cast yet again on the dangers of censorship.

Thursday, 21 January 2010

Social Activism @ NTU

This is a series of talks organised by the NTU Sociological Society. I will be speaking on 28 Jan.





The Social Activism series seeks to analyze social issues from various sociological perspectives and draw links across concepts such as class, gender and globalization. Through the sharing sessions, we hope to raise awareness, understanding and discussion of upcoming social trends and to address misconceptions.

As Singapore becomes more integrated into the global economy, new social trends arise and more people are falling behind. It is hence essential to discuss and understand about such trends as it helps people in making sense of the community that we live in. In addition, there is a need for proper understanding of social issues, since youths will be the future stewards of the country.

Speakers & Venue:

>>> 19th Jan: Asst. Professor Saidul Islam (NTU HSS Division of Sociology) - Socio-Environmental Activism (NTU LT12, North Spine)

>>> 21st Jan: Mr. Jolovan Wham (Executive Director, Humanitarian Organization for Migratory Economics) - Migrant workers: Misrepresented, Misunderstood, Mistreated (NTU HSS Seminar room 8)

>>> 26th Jan: Mr. Alex Au (yawningbread.org) (People Like Us) - “Feminism & Sexuality” Its relevance today: Innate? Choice? Sharing of differing viewpoints (NTU LT12, North Spine)

>>> 28th Jan: Mr. Siew Kum Hong (MARUAH) (former-NMP Jan 07 - July 09) - New media and Political Participation in Singapore (NTU HSS Seminar room 8)

Timing: 1730 - 1930hrs
Directions can be found at: http://ntuss.blogspot.com/


Programme Outline

1730-1740 --> Guests to be seated
1740-1745 --> Opening Address
1745-1845 --> Discussion/Talk by Speaker
1845-1915 --> Q & A
1915-1920 --> Closing
~ 1930 --> End



Note: Closed door session - NO video-recording unless allowed by speaker
This event is brought to you by NTU Sociological Society.

Tuesday, 27 October 2009

whose Right is it anyway?: 31 October 2009

I received this in my inbox. Please note that the location is currently TBD -- while some other sites publicising this event list the location as SMU, I understand that the location will be changed. (Disclosure: I am a member of MARUAH, and will be moderating a session at this event. And the flyer is er courtesy of TOC!)



Dear Friends,

MARUAH, a local human rights advocacy group, is organising a youth human rights workshop together with UNYAS on the 31st October 2009, 9.00am to 5.30pm at [location TBD]. Entitled 'whose Right is it anyway?', some of you might be interested in attending this workshop.

This workshop aims to raise awareness about human rights and sensitise young people to the everyday human rights issues surrounding them, and would feature well-known speakers along with specially designed small-group sessions to engage in human rights.

What YOU can gain out of this:
- Learn more about the basics of human rights and what it can mean to you.
- Join in the interactive session and discussions on rights
- Taking the step forward to get involved in the rights discussion that is slowly gaining momentum in our country.
- Get the opportunity to meet other youths who come to the event with diverse point of views.

Registration is required for this event. You can find out more about the event here: http://maruah.org/2009/10/08/yhrw/ or see the attached eflyer for details.

Thanks!

Saturday, 15 August 2009

Consultation Workshop (22 Aug): “Engaging the ASEAN Intergovernmental Commission on Human Rights (AICHR) – The People’s Views”: 22 August 2009

Disclosure: I am part of MARUAH.

When the ASEAN Charter was signed 2 years ago, it contained a clause requiring the establishment of an ASEAN human rights body. This clause was deliberately kept short and vague, so as to get all the ASEAN countries to agree to it. There was no definition to the body, nothing on its scope, powers, and composition.

Well, the Terms of Reference for the body (now called the ASEAN Intergovernmental Commission on Human Rights) have been agreed. The next phase in this process is for the governments to appoint their representatives to the Commission.

MARUAH (Singapore Working Group for an ASEAN Human Rights Mechanism) is therefore holding a public Consultation Workshop on the Commission and the selection of Singapore's representative to the Commission, on 22 August, 8.30am to 3.45pm. All are invited and it is free. Online registration can be completed here. Please attend if you have any interest in human rights.

Wednesday, 22 April 2009

Speech on the Films (Amendment) Bill: 23 March 2009

In March, Parliament debated the amendments to the FIlms Act. This was another bill that I felt compelled to vote against. When I started reading and thinking about the bill, I had only decided that I needed to speak on it, but I had not yet decided how I would vote. But by the time I started writing my speech, I already knew I had no choice but to vote no.



Films (Amendment) Bill
23 March 2009


Mr Siew Kum Hong (Nominated Member): Mr Speaker Sir, this Bill is being introduced in the wake of the report by the Advisory Council on the Impact of New Media on Society (AIMS). AIMS made a total of 26 recommendations to the Government, including recommendations relating to sections 33 and 35 of the Films Act. In particular, AIMS recommended that section 33 be repealed in phases.

These recommendations pertaining to the Act were rejected by the Government. Instead, the Government announced some limited changes to the scope of section 33, while declining to amend Section 35 at all. This Bill introduces those limited changes to the scope of section 33.

Sir, my own view is that AIMS was fundamentally correct in recommending that section 33 be repealed. I am not sure if I agree with AIMS that the repeal should be conducted in phases, but that is now moot. Section 33 prohibits the making, distribution and exhibition of party political films. Section 2 adopts a broad definition of “party political film” that is overly-inclusive, that seeks to censor films based on their format and not on their substantive content, and this results in a potential chilling effect on film-makers. I remain unconvinced by the reasons for singling out film, when the printed word is equally capable of distortion and deception, when a well-written commentary can be even more powerful than a poorly-made film.

This prohibition on party political films is also easily and widely flouted in today’s Web 2.0 world, and maintaining such an unenforceable prohibition simply promotes disrespect for the rule of law, which is an unhealthy state of affairs with insidious, far-reaching repercussions. Finally, Singaporeans are today far more sophisticated and media-savvy than before, and should be trusted to judge the merits and demerits of films for themselves.

Be that as it may, the Government has made it clear that section 33 will not be repealed. Instead, this Bill seeks to make what seems like an incremental liberalisation, with an expanded list of films that are deemed not to be party political films.

However, even as the list seems to be expanded and longer, an important exception has been removed. The existing section 2(3)(a), which will be repealed, provides that films made by anyone solely for the purpose of reporting current affairs are not deemed to be party political films. This has been replaced by four specific, limited exceptions, namely, films made solely for the reporting of news by a licensed broadcasting service; films recording "live" the whole or a material proportion of a lawful performance, assembly or procession that does not depict any event, person or situation in a dramatic way; films designed to provide a record of a lawful event or occasion, for its participants or persons connected with its participants; and documentary films without any animation and composed wholly of an accurate, non-dramatic account depicting actual events, persons or situations, which does not include unscripted or reality-type programmes.

To my mind, these four specific exceptions are narrower in scope than the existing section 2(3)(a). For instance, what is the justification for limiting the exception for the reporting of news, to licensed broadcasters only? This seems completely incongruent with the Senior Minister of State's recognition of the realities in today’s Web 2.0 world, and seems designed to inhibit the work of new media and citizen journalists and bloggers.

More importantly, these four specific exceptions do not seem to represent a true liberalisation of the position on party political films, and in fact could narrow the scope of what is permissible. In particular, the prohibitions on recordings of unlawful events and occasions seems odd. This was not an issue that was canvassed at any point during AIMS’ deliberations. The holding of an unlawful event is prohibited under other existing laws, and it is not clear why the creation of a video recording of such an unlawful event should be illegal.

It is also likely to create what can be called a nation of innocent criminals, eg, bystanders watching an assembly or procession may whip out their mobile phones to record videos of the event. They may not know whether the event was being held in accordance with the law. If it was not, then they would be creating an illegal party political film. If they upload it to a website like YouTube, they would be distributing an illegal party political film. This is the precise problem that AIMS was constituted to address: laws that are out-of-sync with the times and that will invariably be ignored and flouted. So, why are we going out of our way to institute new legislation that we know will be disregarded and broken?

It is arguable that the exception regarding documentary films that accurately depict actual persons and events, including unlawful events, could apply to the situation that I have just described. Yet, the term “documentary film” is not defined, and its use suggests that this exception requires the film to be something more than a mere video recording, since the term “documentary film” must necessarily be something more limited in scope than a “film”, which is the term used in the other exceptions. This exception is also problematic - documentary-makers will invariably have to edit their raw footage, but such editing could potentially remove them from the scope of this exception.

The new exceptions are also difficult from a lawyer’s perspective. Prof. Thio has very ably and cogently pointed out the difficulties with section 33 from a constitutional perspective. On a more technical level, these amendments introduce terms that are not defined, in a way that makes their application of uncertain scope. I have already mentioned the term “documentary film” in the new section 2(3)(e). Other new terms of ambiguous scope include “depiction in a dramatic way” as used in the new sub-sections (3)(c) and (3)(e)(ii), and “dramatic elements” as used in the new sub-sections (3)(f) and (3)(g). It would have been preferable to define what they mean, so that courts seeking to interpret these terms will have some guidance.

The final point I would make on this Bill, is that it does not amend section 35, as recommended by AIMS. Section 35 allows the Minister to ban any film that he considers to be “against the public interest”, without giving any reason. AIMS had recommended that the permissible reasons for banning films under section 35 be spelt out clearly, that an independent advisory panel be formed to advise the Minister before a film is banned under Section 35, and that the Minister be obliged to give reasons for the ban. All three proposals have been rejected.

The status quo gives the Minister broad powers to ban films, while not making him accountable for any decision banning a film. This is wholly imbalanced and does not pay sufficient respect to Singaporeans’ constitutional right to freedom of speech. While we all accept that limitations on constitutional rights do exist, we should also accept that such limitations must be calibrated and limited, and also transparent and accountable. Most of all, they must be constitutional, and limiting the grounds upon which films can be banned under section 35 as proposed by AIMS would go a long way towards ensuring the constitutionality of this provision and its use by the Minister.

True, in the only known instance of a ban under section 35, the Minister did give his reasons for doing so. But giving reasons is at the discretion of the Minister. My view is that since this is a limitation on a constitutional right, the proper position is to require the Minister to justify any ban under section 35, with an exception where the very disclosure of the justification could prejudice national security, in which case the Minister has to explicitly state that and give reasons where practicable.

Sir, I would normally welcome any liberalisation on matters of free speech. But these amendments to the Films Act do not seem to represent a material or true liberalisation of the current position, and they are also potentially problematic in their phrasing. The objective in constituting AIMS was to review existing legislation in the face of advances in digital technology, and to suggest necessary updates to the law. As I have said, it is not healthy to have laws on the books that are consistently and openly broken by Singaporeans. This is the reality with the existing regime under the Films Act. My belief is that it will also be the case with these present amendments, in which case, why bother?

The Senior Minister of State has pointed out that the prohibition on party political films has an offline aspect as well, and that is true. But implicit in that, is the acceptance that the amended prohibition on party political films will continue to be ignored online, and an admission that enforcement will continue to be absent in the online environment. But this is then an unjustifiable and unfair discriminatory practice against the offline population, in a sense that the prohibition is applied against them but not to the online citizens.

Because of this, I cannot support this Bill. It is bad law, it would not fix the problems that need to be fixed, and I cannot in good conscience support such a piece of legislation.

Sir, with that, I oppose this Bill.

The Senior Minister of State for Information, Communications and the Arts (RAdm [NS] Lui Tuck Yew):
[...]

Let me touch on sections 33 and 35 because I think many Members have spoken out and raised issues regarding these two particular areas. Prof. Thio Li-ann, Mr Zaqy Mohd, Mr Siew Kum Hong, Ms Sylvia Lim, amongst others, spoke on section 33, why are we not decriminalising the making of party political film as recommended by AIMS. Our position is that the Government is only disallowing what would be dramatised, sensationalised and emotive party political films which will do harm to rational and objective political debate. And so we feel that there is strong reason to maintain the sanction against the making of such films. But bear in mind also that while we retain this clause and we have always had this clause since the inception of the Bill, we have not prosecuted anyone for the making of a PPF to date. That is an important point, that while it is retained, it is there and has been there over the last 10 years, there has been no move to prosecute anybody. So moving forward, whether or not a film-maker will be prosecuted for the making of a PPF, it is not an automatic process but it will have to depend on the facts and the significance and the merits of each case.

Section 35; Again, same members have raised their issues and comments on section 35. Let me clarify a misconception that this is a so-called backdoor way to catch the rest of the films that would otherwise have passed, because section 35 is not against PPFs; it is not to be used against party political films. PPFs, unless they fall under the exceptions, will already be banned from the onset, and there is no need to apply section 35 to such films. Section 35 is meant and reserved for serious situations where due to the circumstances of the day, the possession or distribution of the film would actually be contrary to public interest - presenting a threat to national security, danger to racial or religious harmony, and perhaps affecting even the very fabric of our multi-racial, multi-cultural society. Members have noted that so far, we have only used section 35 once and that was on "Zahari's 17 Years", and the Minister had come up with a press statement to fully explain why he issued the ban. We did not want to impose on the Minister the need to make such a press statement or to have to explain every time he exercises the jurisdiction to impose such a ban. But, where possible, he will indeed do so. But for those who have forgotten what "Zahari's 17 Years" was all about, the film was a revisionist attempt to have a distorted and misleading portrayal of Zahari's arrest and detention. It was an attempt to exculpate himself from his involvement in communist activities against the interest of Singapore. He had posed a security threat for which he was detained under the ISA, and he now wanted to exploit the use of film to project false and distorted picture of his past actions, and that is why the ban was made. It was not a political film.

There were also comments as to whether this signals any change with regard to the way we view the Internet. Let me explain our position with regard to films on the Internet. First of all, the Films Act governs both offline and online films. But the Government had decided to adopt a three-pronged approach towards regulating the Internet. First, we say we will take a light-touch approach via the class licence scheme. Second, that we will couple this with public education and, indeed, we followed up on one of the AIMS' recommendations to have inter-ministry cyber-wellness taskforce. Because we recognise that public education really would lay the foundation for further moves to expand the political space in this area, and to make sure that people exercise the right degree of discernment, judgement, to view things not in isolation but to be able to see things in totality, to recognise the larger picture and not to be misled by seductive arguments narrowly focused on a particular area. And the third limb, besides light touch and public education, was industry's self-regulation and co-regulation. And, basically, we will not deviate from this, going forward. Films that are available on the Internet will have to continue to abide by the class licence scheme as in the past.

[...]

Monday, 20 April 2009

Speech on the Public Order Bill: 13 April 2009

Last week, the Public Order Bill was read for the second time (meaning it was debated) in Parliament. 12 MPs in all spoke on it. In the end, 3 MPs voted against it -- Mr Low Thia Khiang, Ms Sylvia Lim and myself. There was quite extensive press coverage on the bill, but not so much on the points that I made in my speech. I've said everything I wanted to say in my speech, so I won't editorialise any more here.

The videos of my speech are here (again, thanks watchtowerv!) with the text transcript (including my exchange with the Minister) below them. Those of you who are unfamiliar with the Ian Tomlinson case, may want to watch the videos at these links:

http://www.guardian.co.uk/uk/video/2009/apr/14/g20-police-action-tomlinson-memorial

http://www.guardian.co.uk/uk/video/2009/apr/15/g20-protest-police

http://www.guardian.co.uk/news/blog/2009/apr/08/ian-tomlinson-death-video-twitter

http://www.guardian.co.uk/uk/video/2009/apr/08/g20-police-assault-ian-tomlinson-video

Part 1



Part 2



Part 3




Mr Siew Kum Hong (Nominated Member): Mr Speaker, Sir, as the name suggests, this Bill deals with public order. In particular, it seeks to regulate public assemblies and public processions; to deal with the control and protection of special events in Singapore; to introduce the move-on powers that I spoke about in the Committee of Supply debate earlier this year; and to criminalise the filming of law enforcement activities in certain circumstances.

I will first touch on the proper framework for considering laws such as this Bill, that curtail Singaporeans' civil liberties in the name of ensuring security and public order, before considering the provisions of this Bill in greater detail.

Sir, this Bill will have the effect of introducing new limitations on the constitutional rights of Singaporeans. So the starting point in considering the Bill must be the Constitution.

I start with Article 13(2), which provides that Singaporean citizens have the right to move freely throughout Singapore, subject to any law relating to security, public order, public health or the punishment of offenders. This Bill clearly purports to be such a law.

Article 14(1)(b) provides for another right, the right of Singaporeans to assemble peaceably. This right is subject to such restrictions as Parliament considers to be necessary or expedient, in the interest of security or public order.

So even as the Constitution provides for Singaporeans' rights to freedom of movement and freedom of peaceful assembly, it nevertheless recognises that those rights are not absolute and that there can be a legitimate need to limit those rights in the interest of security or public order. A balancing exercise is therefore necessary and I am glad to note that the Minister acknowledges the need for a calibrated, balancing approach.

When we debate legislation that purports to limit Singaporeans' constitutional rights in the name of security and public order, we have to consider whether the law in question strikes the correct balance between these competing interests. To my mind, due and proper respect for our fundamental liberties in the Constitution requires Parliament to ensure that the law curtails Singaporeans' rights to the minimal extent necessary to ensure security and public order, and no more. Anything further, any overly broad wording that could permit actions not required by legitimate security or public order concerns, is not justifiable and goes too far.

With these principles in mind, I will now touch on the provisions pertaining to the objectives of the Bill.

Sir, Part II of the Bill seeks to regulate public assemblies, which includes public talks and lectures, and public processions. In principle, I do not agree with the premise that all public assemblies and processions should require prior approval from the authorities. This emasculates our constitutional right of peaceful assembly - how can it be a right, when it is subject to the approval by a bureaucrat? A right to do something necessarily means that the person entitled to the right can do the thing, without having to ask for prior approval. Otherwise, it is not a right. A system based on prior approvals and permits does not strike the correct balance in terms of respecting Singaporeans' constitutional rights to peaceful assembly.

Furthermore, this system of permits and prior approvals opens the door to perceptions and allegations of abuse for political purposes. Singaporeans have strong reservations about how this system has operated in the past, and I must confess that I share at least some of these reservations.

Ms Sylvia Lim has already mentioned an example that was debated in this House last September. Let me just elaborate a little. I had filed a Parliamentary Question (PQ) on the rules governing the organisation of outdoor events by political parties and organisations affiliated with political parties. Ms Sylvia Lim filed a related PQ. The Senior Minister of State, responding to my and Ms Lim's PQs, reiterated that the police will not grant permits for outdoor political events, on the basis of the risk of public disorder inherent in such events. The Senior Minister of State then explained that an outdoor event organised by the PAP Community Foundation (PCF) was not viewed by the police as an outdoor political event, and hence was permissible, even though the PCF is an arm of the PAP and the guest-of-honour was the Prime Minister, and other PAP politicians were also present. With all due respect to the Senior Minister of State, I - and I believe many, if not most Singaporeans - do not find that distinction convincing in the least. It may comply with the technical letter of the law but certainly is difficult to accept as being true to the spirit of freedom of movement and assembly.

If we want to have a proper balance where Singaporeans' right of peaceful assembly is respected and preserved, while remaining mindful of the need for public order and security, then the starting point should be that all assemblies and processions are by default permissible, unless they fall into some prohibited categories, unlike the current system which is the opposite. So the organisers of an assembly or procession should provide advance notice to the Police with appropriate details, not for approval, but to allow the Police to assess the public order and safety implications of the march and its proposed route of the assembly, and to require the organisers to find an alternative venue, or to take an alternative route where reasonably necessary to preserve public order. The only permissible exceptions should be with respect to special events - and we will come to that shortly - or where an assembly or procession promotes an unlawful cause or is unjustifiably provocative, or is reasonably likely to lead to violence. Anything further would simply render Article 14(1)(b) of the Constitution an empty shell.

The Minister has referred to events in other countries, such as the unfortunate events in Pattaya and Bangkok this past weekend to justify this Bill, which has resulted in a country where such events simply do not take place. I do understand the attraction in such an argument. But there is a danger of the pendulum swinging too far in the opposite direction, and I do believe that by requiring all public assemblies and public processions to be subject to prior police approvals, we have gone too far in the past and we continue to go too far in undermining our constitutional rights.

Be that as it may, the Bill before us today preserves this system of prior approvals, for better or for worse. That being the case, I would like to ask the Minister to clarify why the exemption for indoor meetings and talks, in other words, indoor public assemblies, that have only speakers who are Singaporeans, is not explicitly set out in the Bill itself.

Sir, Part III of the Bill relates to the security of special events, which are events that the Minister declares to be such having regard to their nature, the number and kind of expected attendees, Singapore's obligations for holding the event, and other relevant matters. The upcoming APEC summit in November this year would be an example of such a special event.

Members would have seen the shocking footage from Pattaya and Bangkok this past weekend. No doubt, the political divisions in Thailand contributed the problems there. In particular, the reluctance of Thai security forces to enforce the law had aggravated the severity of the situation. But it does provide a timely reminder that if special events go wrong, they could irreparably damage a country's image and reputation. So I would support the principle that special events could justify extraordinary measures and temporary restrictions on Singaporeans' rights of free movement and peaceful assembly provided they are limited to the minimum extent, period and area necessary to prevent disruption of the event and to protect individuals involved in the event.

And in this regard, we have done well in the past. It is a testament to this country's, and, yes, this Government's organisational and security capabilities that we have in recent years held major international events here with minimal or no disruption. So I would like to ask the Minister to clarify why it is necessary to introduce this new Part III of the Bill when the existing system based on the Protected Areas and Protected Places Act has worked. Just looking at last year, the ASEAN Regional Forum at the Shangri-la Hotel, the National Day Parade, the National Day Rally and the Formula One race were all declared as protected areas under that Act, and all of them were events that went off without any security problems.

Furthermore, I would like to ask the Minister whether the scope of the powers to declare an event to be a special event is too broad. I am concerned with the new section 21(3)(b)(iv) in particular, which allows the Minister to declare an event to be a special event where “there is a reasonable likelihood that the event because of its nature might be at risk of an act of terrorism”. That is a very broad definition, and any large gathering of persons in Singapore could potentially be seen as being at risk of an act of terrorism. The Explanatory Statement on section 21 does expand on the relevant factors for determining whether an event should be declared as a special event. But I hope that the Minister could specifically clarify whether the intent is to allow a large gathering of persons to be declared as a special event, simply because there are many people present.

My last point on Part III, Sir, relates to the new sections 21(5) and (6). The declaration of a special event must be gazetted, and sub-section (5) requires the Minister to publish a notice of the making of the declaration “in such manner as will secure adequate publicity for the declaration”. The Minister has to do this, within seven days of the making of the declaration and before the date the declaration comes into force. The Explanatory Statement helpfully explains that this includes the publication of the notice in newspapers.

But sub-section (6) then goes on to state that failure to comply with sub-section (5) does not invalidate the declaration itself. It is easy to fathom the rationale for sub-section (5), but difficult to understand the reason for sub-section (6). Where an event is declared to be a special event, various restrictions on Singaporeans' fundamental liberties come into force. So Singaporeans naturally have a strong interest in knowing that such a declaration has been made. This makes absolute sense. But why then have sub-section (6), which renders sub-section (5) nugatory? Because, then, the Minister could simply ignore sub-section (5), without having to justify his actions and without any consequences. The Minister is given plenty of time, seven days, in fact, to publish the notice in the newspapers. So I hope that the Minister can explain the reasoning behind section 21(6).

I now turn to the new move-on powers, which I had spoken about in the Committee of Supply this year. Given that such powers limit citizens' right to freedom of movement, they have to be limited to the bare minimum extent necessary to preserve public order. We also have to bear in mind, that an abuse or a wrongful use of these powers will result in irreparable loss and damage to citizens. For instance, if a person is unlawfully ordered by a police officer to move on, then that person has lost the opportunity to be present at a certain place at a certain time, and it is impossible to remedy that loss.

In the first place, it does not seem to me that there is a convincing justification for the introduction of these new powers. In an interview published in The Straits Times in January this year, the Deputy Prime Minister had sought to justify these move-on powers on the basis that the police needed new powers to deal with political activists engaged in civil disobedience. But let us look closely at the acts of civil disobedience that we have seen in Singapore to date. They have taken a form of either an assembly or a procession which would be regulated under Part II of this Bill. In this regard, I note that the offences under Part II of this Bill are seizable offences. So there is no lacuna in the police's powers. These move-on powers will be necessary only if there are some loopholes or gaps in the provisions on public assemblies and processions that need to be plugged. But I see no such loopholes.

The Minister in his Second Reading speech said that there was a gap in police powers between post and incident investigations and arrest while the incident is on-going. But, practically speaking, it is always open to Police Officers to give a verbal warning to cease and desist before arresting a person. And I presume that that is what they will usually do in practice. The only thing that these powers do with respect to civil disobedience activists is to add a further offence to the list of offences committed, but ensuring a multiplicity of offences and hence penalties is not a legitimate reason for introducing yet another offence.

In any case, the move-on powers extend far beyond what is needed to deal with civil disobedience. Section 36, as currently worded, with its reference to disorderly behaviour, could extend to situations like teenagers loitering around a void deck, or even the skateboarders and inline-skaters who hang out at the underground plaza at the Esplanade on weekends. They generally cause no harm to anyone. But an overzealous Police Officer may seek to clamp down on what is, in truth, simply boisterous teenage behaviour. Given the ease and expediency with which move-on orders may be given, this is an undesirable outcome that is sadly almost inevitable.

Be that as it may, these move-on powers will become law. In the Committee of Supply debate, I made some suggestions which have unfortunately not been taken up. At the time, the Minister had said that it was premature to deal with those issues, as the Bill was not before the House. That being the case, I hope that the Minister will now explain why these suggestions have not been accepted. I will briefly recap those suggestions.

Firstly, I had stated that the legislation in question should target the objectionable conduct of a person, and not the mere fact that he was in a certain location. And I note from the Minister's speech that he has stated the same position. But if that is the case, if a person behaved offensively in a certain location, and a police officer directs him to move on, and the citizen then ceases the offensive conduct, then the move-on order should cease to have effect. While the new section 35 makes it clear that the subject of a move-on order has to be behaving objectionably before the order can be issued, there is no corresponding provision to state that the move-on order ceases to have effect if the objectionable behaviour ends. Instead, the subject of an order has to leave the vicinity; otherwise he commits an offence. This is regardless of how he continues to behave.

Secondly, I note that the new section 36(1) requires move-on orders to be in writing, which is what I had suggested in the Committee of Supply debate. That is positive. But I did make another suggestion, for all move-on orders to be recorded in a public register, as is the case in Australian territories, like in Queensland, which the Minister has stated was used as a model. This suggestion has not been taken in. But a register is useful to ensure transparency and accountability in how Police Officers use their move-on powers. We have said that we are following the Australian example in introducing such powers, yet studies in Australia have shown a history of abuse of these powers by Police Officers. An official register recording the use of such powers, that is open to the public, could provide a powerful tool for ensuring accountability and for allowing Singaporeans to satisfy themselves that these powers are not being abused, by subjecting the exercise of these powers to public scrutiny.

Thirdly, I had proposed an appeal mechanism, where any person aggrieved by a move-on order can challenge it. But the Bill does not provide for any such mechanism. The Minister has mentioned the possibility of a complaint to the Commanding Officer. But that would presumably trigger an internal investigation at most, which is not transparent and may not be perceived as being fair and independent. In the Straits Times' interview that I referred to earlier, the Deputy Prime Minister acknowledged the need to ensure that aggrieved persons are able to seek redress from the Minister or the Attorney-General's Chambers. Unfortunately, that need has not been met in the present Bill, in respect of the move-on powers.

I come to the final part of my speech, on the new section 38, which deals with the filming of law enforcement activities. This provision has been justified on the basis of the media coverage of the Mumbai terror attacks last November, where the terrorists themselves were able to watch law enforcement operations unfold on Indian TV stations. That is obviously an undesirable state of affairs, and I would support a law to prevent that situation from taking place in Singapore.

Preventing what happened in Mumbai means preventing footage, or indeed any news, about ongoing security operations from being disseminated, where such footage or news could jeopardise the success of the operation or otherwise compromise the safety of law enforcement officers. This objective cannot be objectionable to anyone.

But even as we try to protect law enforcement, we have to ensure that citizens are not prevented from legitimate filming, and especially filming of law enforcement officers engaging in abusive or unlawful behaviour. Ms Sylvia Lim has referred to the recent incident in London involving Mr Ian Tomlinson. So I will not speak further on that.

If there are abuses by law enforcement officers, then surely citizens have the right to know, and to film and record these acts as evidence. The case from London involving Mr Ian Tomlinson shows the importance of this, to prevent cover-ups from taking place. If the other passer-by had been prevented from filming the pushing incident, who knows whether or when the truth would have come to light? I am comforted by the Minister's assurance that the filming of law enforcement abuses is not prohibited by this provision. Yet, there are no explicit controls or checks on how law enforcement officers may exercise that power under section 38, and as with the move-on powers, no formal avenue of recourse for citizens aggrieved by an order made against him.

Imagine a situation such as that of Mr Tomlinson in London. In the midst of a riot, an abuse takes place against an innocent bystander. The duty officer demands that a bystander who films the incident surrender his camera, claiming that the film shows his identity and therefore threatens his safety. What, then, is this innocent bystander to do? The offence in section 38(4) does not contain a defence of reasonable excuse for not complying with an order, unlike in section 37 in relation to non-compliance with move-on orders. In such a situation, the person who made the film of the abuse by law enforcement would have no choice but to surrender the film, otherwise he runs a very likely risk of being charged and prosecuted.

Indeed, section 38(2)(a) empowers law enforcement to require a person to delete the film that is made - but if that is the case, then how is that person, or the police itself, able to subsequently evaluate or verify whether the deletion had been lawfully ordered, without knowing for sure what the content was? It should be adequate that the film be seized, to prevent it from being disseminated.

Furthermore, the new section 38(3) very clearly goes beyond what is legitimately necessary for the objective of protecting law enforcement activities. Section 38(3) permits law enforcement to forfeit any film equipment that has been seized, and to destroy it or dispose of it in such manner as the Commissioner of Police may decide. While seizure of equipment may further the objective of avoiding a compromise of on-going security operations, the forfeiture and destruction of equipment after the fact do not. Instead, it is simply punitive, and hence is not reasonable at all. It, therefore, seems to me that section 38, as currently worded, overreaches and goes far beyond what is needed to prevent media coverage from compromising ongoing law enforcement activities and the safety of officers.

Sir, I have taken great pains to point out the flaws in this Bill as I see them. I do think that they are major flaws, with the potential to greatly affect Singaporeans' lives and their constitutional rights for the worse. That being the case, I would propose that this Bill be sent to a Select Committee for further consideration.

When this House amended the Penal Code in late 2007, there had been extensive public consultations, even though Members would remember that I had strong objections to certain aspects of the Bill and eventually voted against it. Similarly, the proposed amendments to the Criminal Procedure Code had recently undergone a public consultation. In contrast, there was no public consultation at all on this Bill, even though it directly affects Singaporeans' fundamental liberties under the Constitution and also has the potential to greatly impact our day-to-day lives, especially in relation to the new move-on powers. The fact that 12 Members of this House have decided to speak on the Bill shows that it is of immense public interest. Yet, it has only been three weeks or so, since the Bill was first made available to the public after its first reading in Parliament. Because of all this, it would make great sense for this Bill to be sent to a Select Committee, so that the public can be given an opportunity to comment on the Bill.

Sir, for all the reasons that I have mentioned in my speech, I have no choice but to oppose the Public Order Bill in its present form.

[...]

The Second Minister for Home Affairs (Mr K Shanmugam):

[...]

Mr Siew Kum Hong said the right of assembly being subjected to permits emasculates that right. It is again a surprising point because if you accept that, at present, permits are required, then all they are doing is continuing with the same regime. If the right has not been emasculated until now, how does the POA represent a new emasculation? He also referred to the PAP cycling event, which my colleague had answered in some detail before and I will not deal with it.

Mr Siew also wanted to know if a large gathering of persons can be gazetted as a special event, the answer is "no". It is not a large gathering of persons per se but a special event as the Act describes and as I have set out in my speech.

Mr Siew also acknowledges that there exists now a gap between seizable and non-seizable offences, but he says the Police do not really need the power to deal with the gap because now when they give friendly advice, most people accept the advice and move on, so why do you need move-on powers? But the point is, if everyone was as reasonable as Mr Siew, there would be no problem. The one thing that we all know in society is that there would always be a group which would engage in what I described as farcical antics, and would deliberately go out there and engage in a degree of lawbreaking, and we want to cover that situation as well.

He also suggested, why not have a register where all instances of move-on powers exercised, will be listed. The answer is, we are really trying to keep the move-on powers in a very low-key way; we do not want to make it an offence, we do not want to even keep a register of people who have been subjected to these move-on powers. It is something that is exercised on-the-spot and we move on from it.

Sir, I think I have covered all the points or the points that I can recall. I know that Prof. Thio has made a number of drafting suggestions, and what I would say is that we take her suggestions seriously. We have gone through this Bill very carefully. We will look at the points that she made. If anything needs to be done further later on, we will always consider it. We may even check with her as to what some of the points were.

[...]

Mr Siew Kum Hong: Sir, I have four clarifications for the Minister.

My first clarification, Sir, is that he mentioned my point about the right to freedom of assembly having been emasculated. I just want to clarify that, in my view, it has been emasculated even under the current system. So I take his point that there is no difference between the MOA regime and the new POA regime, and that is why it continues to be emasculated.

Sir, my second point. The Minister has referred to a group of persons who insist in engaging what the Minister has described as farcical activities, and he has taken that as a reason to explain why move-on powers are required. Sir, my question is: how will move-on powers actually change their behaviour. Let us just think through the scenarios. If this group of persons are engaged deliberately in civil disobedience - by definition, "civil disobedience" means deliberate flouting and contravention of laws, committing an offence that they disagree with - then they are already breaking the law and are committing an offence. And it is perfectly open for the Police to issue a warning to them to cease and desist, failing which they will be arrested and charged for the offence. If they are not committing an offence, then what is the harm in allowing them to continue to do what they do? The introduction of the move-on powers instead creates an offence. If they are doing something which does not constitute an offence right now and yet they are issued with a move-on order, and then they do not move on, then they would have committed an offence. So, Sir, the loophole is not in the enforcement powers of the Police, the loophole is in the substantive offences that are out there. So I would just like the Minister to clarify that point when he says that there is a loophole in the enforcement powers, when I think it is really a loophole in the substantive offences.

Sir, my third clarification. In my speech, I did propose that the Bill be sent to a Select Committee given that it has only been three weeks since it was first published and first made available to the public until the second reading today. So I hope the Minister can respond to that.

My last point, Sir, is that the Minister has stated that films that are seized can be destroyed only by order of the Commissioner. I think he said that twice in his response. From my reading of section 38, that position is correct only insofar as the films were seized in the first place under section 38(3). However, Sir, I would like to draw the Minister's attention to section 38(2)(a), and if I may just read it out, Sir, an officer may "direct the person reasonably believed to be making, exhibiting or communicating a film or picture, or about to do so, to immediately cease making, exhibiting or communicating the film, and either to immediately delete, erase or otherwise destroy the film or picture, or to surrender the film or picture to the officer". In short, Sir, what section 38(2)(a) says is that an officer has the power at the immediate point to compel a person to destroy the film. And in that scenario, how would we know what the film was, and on what basis can aggrieved person make a complaint?

Mr Shanmugam: Sir, on the first point, whether it continues to be emasculated or being newly emasculated, I hope Mr Siew will be generous enough to accept that I made the point that since 2000, there have been a series of changes that have substantially liberalised the political space. He also fails to acknowledge the impact of the Speakers' Corner and how useful it has been for those with a genuine cause. The real difference between Mr Siew and ourselves is that, really, as a matter of philosophy, people should be allowed to demonstrate whenever they like, without permits, because that is a fundamental right, and that is a fundamental freedom. I think even those who have expressed some concern about this provision will sound very extreme, and they have said so. For example, Prof. Thio acknowledged that you cannot have these rights in vacuo, without concomitant responsibilities. That is a fairly basic point that most lawyers will appreciate.

Second point - Mr Siew asked what is the problem if four persons or fewer come together and carry out activities, which are not illegal per se. I gave a specific example in my responses to the MPs, which is during the ASEAN Summit in 2007, we had this farcical group - groups of four - who played catch-and-mouse game with the Police while the Police were engaged in very high security operation of protecting and making sure the Summit was successful. As Singaporeans, do we really want to face up to this? Or do we want to give the Police the power to ask these people to move on? It is as simple as that. We have to live in a real world with people who do those things.

Mr Siew asked if the Bill is going to be sent to a Select Committee - I think if the answer was not clear to him - it is not going to be sent to the Select Committee. We do not see a need to.

Finally, as regards his point on section 38, the answer I was giving was to the question as to what happened if the film was taken by the Police and there it could be deleted only on the order of the Commissioner. Mr Siew is referring to a situation where the Police is not on the ground to direct the deletion. Sir, I explained the dilemma that we had. These are sometimes fast-moving operations, and the police officers have to make decisions on-the-spot because a film that is taken of an operation that is on-going, if left alone without being seized, could very easily go throughout the world within a matter of minutes. So, it is always this balance that we have to worry about. And when looking at this legislation - people like Mr Siew look at all the extreme possibilities where there could be abuse by the Police - we also have to look at all the other situations where there could be abuse by the individual, and then we have to draw a line somewhere. This is where we have drawn the line. I hope Members can appreciate that these are all difficult situations, and we have to protect both the society and the Police and not look at every Police action as possibly being illegal.

Mr Siew Kum Hong: May I make two points? My first point, Sir, is with the Minister's explanation on the powers under section 38(2)(a). He mentioned that is to address a difficult decision the officer has to make on the ground. Will the Minister not agree then that in every scenario, a smart officer - and I hope all our officers are smart - will then demand that a picture be deleted, instead of seizing it and then submitting it for the Commissioner to decide what to do. Because if he orders for the film to be deleted on the spot, then he does not have to run the risk of being second-guessed subsequently or being found out to have made a wrongful order. That is my first question for the Minister.

My second point, Sir, is with reference to the Minister's response to my first clarification where he says I take an extreme view. I think if the Minister reviews my speech, he will find that I do not think I took an extreme view, in fact, it is a nuanced view. If I may just reiterate, it is not an absolute right to demonstrate anywhere at any time, as Singaporeans please. I advocate a position where Singaporeans have the right to demonstrate but they have to notify the Police and there are certain prohibited classes of processions/assemblies which should not be permitted. If there are any public safety or law and order concerns, then the Police can ask for changes to be made. That is a position which I do not think is extreme at all.

Mr Shanmugam: Sir, on the first point, I think there is a fundamental disagreement. Mr Siew's perception is that all police officers will behave illegally. They will be smart and they will direct deletion because they do not want a record of what they have just done. I come from the opposite perspective. We come from the perspective that our officers are fundamentally honest. It does not mean that no abuses ever take place, but they are fundamentally honest and I do not believe that each time an officer will direct the deletion on- the-spot to prevent a record from existing, And, do not forget, the Act sets out the criteria on which these directions can be given - an officer has to justify why did he direct the deletion on-the-spot as opposed to preserving the evidence.

Second, as regards Mr Siew's point about whether he is being extreme, I think the fact is that he comes from the philosophy that there must be a right to demonstrate and a right to assemble wherever one likes, subject to some restrictions. And he is fundamentally opposed to an imposition of a permit regime where if you want to do so outside of the prescribed areas, you have to apply for a permit. That is where we differ philosophically , and I am not sure I can take the debate much further.

Wednesday, 3 December 2008

Speech at media launch of U60 festival, 2 December 2008

The U60 Organising Committee kindly invited me to be the Guest of Honour at the media launch of the U60 festival, which celebrates the 60th anniversary of the Universal Declaration of Human Rights. There was coverage in The Straits Times today, and also on The Online Citizen. In fact, TOC filmed the event, so they may be putting up videos of the event soon.

The prepared text of my speech is below.

Speech at media launch of U60 festival

1. Your Excellency, Holger Standerstskjold, Head of the Delegation of the European Commission to Singapore, distinguished guests, good afternoon. Thank you for taking time out from your busy schedules to attend this event.

2. I would like to start by congratulating the U60 Organising Committee, their Organising Partners MARUAH (Singapore Working Group for an ASEAN Human Rights Mechanism) and The Online Citizen, and the various participating organizations, including the European Commission, for successfully putting together this festival of events to celebrate the 60th anniversary of the Universal Declaration of Human Rights. I would also like to thank the U60 Organising Committee, for inviting me, as a Nominated Member of Parliament, to be the guest of honour at this event.

3. The Universal Declaration was adopted by the General Assembly of the United Nations in 1948. It resulted from the horrors of World War 2, and was the first international instrument to spell out the rights to which all human beings are entitled, simply by virtue of being human beings.

4. As the name suggests, the rights are universal in nature, cutting across all national, racial and ethnic lines. Countries from both East and West, including Burma, China, India, the Philippines and Thailand, voted to adopt the Universal Declaration. That in itself should have been sufficient to dispose of the smokescreen that was the “Asian Values” argument in the 1990s. Thankfully, this argument has long since been laid to rest.

5. But while human rights are universal, they have relevance in different ways to different contexts. Singapore is often criticized for alleged deficiencies in the protection of civil liberties. I happen to think that some of those criticisms have force. But I also believe that these criticisms are often unfair and one-sided, especially when they fail to note the tremendous progress that has been made in this country in the 43 years since independence. This success is real, and we cannot deny it. We see it, we experience it and we benefit from it every day, and it would be wrong to emphasise the negatives while ignoring the positives.

6. Still, the overall thrust of these criticisms is that we are not yet where we should be in the area of human rights, and that is something that I think many, if not most, Singaporeans would agree with. We may be moving in the right direction, but the pace could definitely be faster.

7. Some Singaporeans ask, why are human rights important to us? After all, we have done well so far, in a system where our human rights are given far less shrift than our responsibilities as citizens. Public discourse in Singapore frequently emphasizes our obligations and responsibilities, but seldom mentions our rights, whether as citizens, residents or just human beings. This does Singaporeans a disservice, and overlooks the roots of our existence.

8. Let us go back to the start of the story of Singapore as a modern, independent nation, in the 1950s when we were struggling for our independence. What was the basis of our claims to independence? Simply put, it was the notion that people have the right to self-determination. This right is embodied in both the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Article 1 of both Covenants read:

“All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.”

9. So the very birth of our nation is rooted in human rights. If not for human rights, we could still be an English colony. This nation might not even exist. Do we still need to question the need for human rights in Singapore, or the relevance of human rights to Singapore?

10. And in these times of economic trouble, human rights remain just as important. Human rights are not luxuries reserved for times of prosperity; they are equally relevant and necessary in tough times. Workers need to be protected from exploitation by employers, while civil liberties ensure that all stakeholders’ interests are represented. As my Parliamentary colleague Professor Thio Li-Ann said a few months back:

“Where the Singapore model of law development is concerned … the idea is that economics must come first; no point having free speech if your rice bowl is empty. But I would disagree because if my rice bowl is empty, I would like to say that I am hungry. I would also like to say that the economic policy is bad.”

11. Human rights are not a panacea to all problems, and they will not in and of themselves ensure a better tomorrow for us all. But they are an important and necessary ingredient in the evolution of Singapore, in our progress towards becoming, to quote Prime Minister Lee Hsien Loong in his National Day Rally speech last year, “a City of Possibilities and a home for all of us”, where everyone belongs and is valued, and more importantly feel that they belong and are valued. If we want to be a place where creativity and innovation fluorish, where diversity is valued, then we have to do a better job of understanding, acknowledging and respecting human rights.

12. I know this is a cliché, but there is so much fear in Singapore when it comes to human rights. When many Singaporeans hear about human rights, there is a knee-jerk reaction grounded in fear and apprehension. It is as if human rights are by definition controversial, provocative and subversive. I cannot explain why, but I can say with certainty that this attitude exists, and pervades our society.

13. That is a real pity. This state of affairs retards, perhaps even prevents, the continued development of human rights in Singapore, when it does not have to be so. It is entirely unnecessary. I firmly believe that in Singapore, so long as one acts honestly and sincerely, and there is no transgression of the law, there is nothing to be afraid of.

14. Moreover, institutions in Singapore have a responsibility to be more open and receptive to the cause of human rights. It is a form of corporate social responsibility, if you will. Institutions in positions of power and authority have a moral duty to allow individuals to realize and actualize the full extent of their rights, or at least not stand in their way as they seek to do so. It would not be right to block the exercise of rights, or efforts to advance human rights, simply out of a fear of shadows.

15. And so I come to this group of young people in the U60 Organising Committee. They set an excellent example that we can all learn from. They understand the importance of human rights for Singapore, but more importantly they are sensitive to the existing landscape here and the need to navigate it carefully and creatively. And so, they have embarked on this effort to help Singaporeans understand better the relevance of human rights to them, to “mainstream” human rights if you will.

16. The activities under the U60 umbrella are varied and innovative. We have the exhibition here, which seeks to present a basic introduction to human rights with a particular focus on Singapore. There are forums, talks, and a short film showcase. There is a walk to raise awareness on violence against women, and even story-telling sessions. It is truly a party to celebrate the 60th anniversary of the Universal Declaration of Human Rights.

17. I am proud to be associated with U60. Again, I congratulate the U60 team and the various organizations involved for their fine efforts. They show, very clearly, that the topic of human rights does not have to be controversial, provocative or taboo in Singapore, and that human rights are not only about civil liberties and are not the domain of activists only. Instead, human rights are relevant to everyday life, to you and me, to all of us. Human rights are universal. 60 years after the adoption of the Universal Declaration, this is a timely reminder.

18. I wish everyone a fruitful U60 festival. Thank you, Your Excellency, Holger Standerstskjold, esteemed speakers, ladies and gentlemen.