Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/singapor.txt

Text File | 1996-01-05 | 29KB | 554 lines

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

                           SINGAPORE


Singapore, a city-state of 3.3 million people, is a
parliamentary republic in which politics are dominated by the
People's Action Party (PAP), which has held power since
Singapore gained autonomy from the United Kingdom in 1959.  The
PAP holds 77 of the 81 seats in Parliament.  Goh Chok Tong
completed his fourth year as Prime Minister, and Lee Kuan Yew,
who served as Prime Minister from independence in 1965 until
1990, remains active politically, holding the title of Senior
Minister.  The majority of the population is ethnic Chinese (78
percent), with Malays and Indians constituting substantial
minorities.

The Government maintains active internal security and military
forces to counter perceived threats to the nation's security.
It has frequently used security legislation to control a broad
range of activity.  The Internal Security Department (ISD) is
responsible for enforcement of the Internal Security Act (ISA),
including its provisions for detention without trial.  All
young males are subject to national service (mostly in the
military).

Singapore has an open free market economic system.  The
construction and financial services industries and
manufacturing of computer-related components are key sectors of
the economy which has achieved remarkably steady growth since
independence.  Gross domestic product rose 9.5 percent in 1994,
and Singaporeans have an annual per capita income over
$18,000.  Wealth is distributed relatively equally in what is
essentially a full-employment economy.

There was no improvement or deterioration in the human rights
situation.  The Government continued to intimidate opposition
parties and their candidates.  There continued to be credible
reports of police mistreatment of detainees.  The Government
has wide powers to detain people arbitrarily and subsequently
restrict their travel, freedom of speech and right to associate
freely, and to handicap political opposition.  There was no
evidence of a change in the Government's willingness to
restrict human rights when it deemed that necessary in pursuit
of its policy goals.  There is some legal discrimination
against women, which, in practice, affects only a small
percentage of the population.  The Government has moved
actively to counter societal discrimination against women and
the Malay minority.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of political or other extrajudicial
killing.

     b.  Disappearance

There were no reports of disappearances.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

The law prohibits torture, and government leaders have stated
that they oppose its use.  However, there have been credible
reports during the past year of police mistreatment of
detainees, some of which has been reported in the press.
Reliable reports indicate that police sometimes interrogate
prisoners in very cold rooms where the prisoners may be
stripped of their clothes and doused with water.  In August,
after 16 months in custody, murder charges were withdrawn
against a suspect who claimed that he was forced to confess as
a result of police interrogation methods.  The police
maintained that all proper procedures had been followed in
obtaining the confession.  The court said that it appeared the
accused had been assaulted while he was in police custody and
that his confession, therefore, could have been coerced.  In
1993, of the 94 complaints of police abuse investigated, 14
were substantiated.

The Government reserves the right to use indefinite confinement
to pressure detainees to "rehabilitate" themselves as well as
to make admissions of wrongdoing.  In the past, the Government
has acknowledged that in the case of detentions without trial
under the Criminal Law (Temporary Provisions) Act, the
indefinite nature of the detentions served to pressure the
detainees.  Persons alleging mistreatment under detention may
bring criminal charges against government officials who are
alleged to have committed such acts, but they may be
discouraged from making accusations for fear of official
retaliation.

The Penal Code mandates caning in addition to imprisonment as
punishment for offenses involving the use of violence or threat
of violence against a person, such as rape, robbery and
extortion.  The law also mandates caning in other areas, such
as for certain convictions under the Vandalism Act and for
specific immigration offenses.  The Government opted to apply
the Vandalism Act in the widely publicized case of foreign
teenagers accused of spray painting privately owned
automobiles.  Previously, damage against private property had
been classified as mischief, which does not include caning as a
means of punishment.  Many critics expressed the view that
caning was an excessive penalty for youthful, nonviolent,
first-time offenders whose actions were reparable and
questioned why the Government chose to punish these teenagers
more harshly than in past cases.

Caning is discretionary for convictions on other charges
involving the use of criminal force, such as kidnaping or
voluntarily causing grievous hurt.  The law prescribes a
maximum or minimum number of cane strokes in many of these
cases, although the court does not always abide by these
guidelines.  Women are exempted from caning, as are men over
50, under 16, and those determined unfit by a medical officer.
In 1993 the judgment included a caning sentence in 3,244
cases.

     d.  Arbitrary Arrest, Detention, or Exile

The ISA, the Criminal Law (Temporary Provisions) Act, the
Misuse of Drugs Act, and the Undesirable Publications Act all
have provisions for arrest without warrant.  Those arrested
must be charged before a magistrate within 48 hours.  At that
time, those detained under criminal charges may obtain legal
counsel.  A functioning system of bail exists for those
charged, and there were no reported abuses of it.

The ISA, the Criminal Law (Temporary Provisions) Act, and the
Misuse of Drugs Act authorize detention without trial.  The
Criminal Law (Temporary Provisions) Act is used almost
exclusively in cases involving narcotics and secret criminal
societies and has not been used for political purposes.
According to the Government, 46 detention orders were issued
under the Criminal Law (Temporary Provisions) Act during 1993,
of which 27 were for secret society activities and 19 for drug
trafficking.  Under the Misuse of Drugs Act, the Director of
the Central Narcotics Bureau (CNB) may also commit--without
trial--suspected drug users for up to 6 months, with subsequent
extensions, to a drug rehabilitation center in cases of
positive urinalysis tests.

Those persons detained without trial under the ISA are entitled
to counsel but have no legal recourse through the courts to
challenge the substantive basis for their detention.  Persons
detained without trial under the Criminal Law (Temporary
Provisions) Act are also entitled to counsel but may only
challenge the substantive basis for their detention to the
committee advising the Minister for Home Affairs on detention
issues.  The ISA gives broad discretion to the Minister of Home
Affairs to order detention without charges if the President
determines that a person poses a threat to national security.
The President may authorize detention for up to 2 years; the
detention order may be renewed for 2-year periods with no
limitation on renewal.  An advisory board reviews each
detainee's case periodically, and detainees may make
representations to it.  The board may make nonbinding
recommendations that a detainee be released prior to expiration
of the detention order.  If the Minister wishes to act contrary
to a recommendation for release by the board, he must seek the
agreement of the President.

The ISA empowers the police to detain a person for up to 48
hours; any police officer at or above the rank of
superintendent may authorize that the detainee be held for up
to 28 days longer.  Once initial interrogation has been
completed, the authorities normally allow ISA detainees access
to lawyers and visits by relatives.

No one has been jailed under formal ISA detention since 1990.
However, the Government maintains some restrictions on the
rights of two former ISA detainees to travel abroad, make
public statements, and associate freely.  Chia Thye Poh, a
former member of Parliament, was released from prison in 1989
after 23 years in preventive detention under the ISA, but was
confined to a small island adjacent to Singapore during evening
and night hours until 1992.  Now resident in Singapore proper,
he cannot be employed, travel abroad, or issue public
statements without ISD approval.  Vincent Cheng, a detainee
released in 1990, may not issue public statements, publish, or
travel abroad without ISD consent.

While the law does not specifically prohibit exile, the
Government has never practiced exile.

     e.  Denial of Fair Public Trial

The judicial system has two levels of courts:  the Supreme
Court, which includes the high court and the court of appeal;
and the subordinate courts.  In normal cases the Criminal
Procedures Code provides that a charge against a defendant must
be read and explained to him as soon as it is framed by the
prosecution or the magistrate.  The accused has the right to be
represented by an attorney.  Trial is by judge rather than
jury.  Persons detained under the ISA and the Criminal Law
(Temporary Provisions) Act, as well as suspected drug users
detained under the Misuse of Drugs Act, are not entitled to a
public trial, which is accorded in all other cases.

In 1989 the Government amended the Constitution and the ISA to
eliminate judicial review of the objective grounds for
detentions under the ISA and subversion laws.  This allows the
Government to restrict, or even eliminate, judicial review in
such cases and thereby restrict, on vaguely defined national
security grounds, the scope of certain fundamental liberties
provided for in the Constitution.

In February, completing a transition begun in 1989, Parliament
approved a bill abolishing all appeals to the Privy Council in
London.  The single Court of Appeal, established in 1993,
combining the former court of appeal (for civil cases) and
court of criminal appeal, therefore became the highest court of
review in Singapore.

The President appoints judges to the Supreme Court on the
recommendation of the Prime Minister in consultation with the
Chief Justice.  Supreme Court justices may remain in office
until the mandatory retirement age of 65, after which they may
continue to serve at the Government's discretion for brief,
renewable terms at full salary.

The President also appoints subordinate court judges on the
recommendation of the Chief Justice.  The term of appointment
is determined by the Legal Service Commission of which the
Chief Justice is the chairman.  Subordinate court judges and
magistrates, as well as public prosecutors, are civil servants
whose specific assignments are determined by the Legal Service
Commission, which can decide on job transfers to any of several
legal service departments.  Judicial officials, especially in
the Supreme Court, have close ties to the ruling party and its
leaders.  These factors call into question the judiciary's
independence.

There were no reports of political prisoners.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The Government can use its wide discretionary powers if it
determines that national security is threatened.  In most
cases, the law requires search warrants, normally issued by the
magistrate court, for intrusion into the home.  Law enforcement
officers may, however, search a person, home, or property
without a warrant if they decide searches are necessary to
preserve evidence.

The Misuse of Drugs Act and the Criminal Law (Temporary
Provisions) Act also permit warrantless searches in dealing
with drug- and secret society-related offenses.  The courts may
undertake judicial review of such searches at the request of
the defendant.  Divisions of the Government's law enforcement
agencies, including the ISD and the Corrupt Practices
Investigation Board (CPIB), have wide networks for gathering
information.  The authorities have the capability to monitor
telephone and other private conversations and conduct
surveillance, but there were no proven allegations that they
did so in 1994.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution permits official restrictions on the freedom
of expression and, in practice, the Government restricts the
freedoms of speech and the press.  The ISA permits the
Government to prohibit or to place conditions on publications
that incite violence, that counsel disobedience to the law,
that might arouse tensions among the various classes (races,
religions, and language groups) or that might threaten national
interests, national security, or public order.  The Government
uses a broad definition of these laws to restrict political
opposition and criticism.  It is clear from recent events that
the Government will not tolerate discussions in the press of
government corruption, nepotism, or a compliant judiciary.

The Government owns the Singapore Broadcasting Corporation
(SBC) and operates it under a statutory board of the Ministry
of Information and the Arts.  On October 1, the SBC was divided
into four government-owned subsidiaries under a holding
company, Singapore International Media PTE Ltd.  Also, the new
Singapore Broadcasting Authority (SBA) came into effect to
regulate and promote the broadcasting industry.  The SBA
develops censorship standards with the help of advisory panels
whose membership represents a cross-section of society.
Government-owned corporations have a near monopoly on
broadcasting, operating all 3 free television channels and 10
of 14 radio stations.  The three pay television channels are
jointly owned by government-owned corporations and the U.S.
Cablevision company.  Two of the other three radio stations are
operated by the National Trade Union Congress (NTUC), which is
closely affiliated with the Government; the third is the
British Broadcasting Corporation (BBC) world service, available
24 hours a day on the FM band.  In addition to the BBC World
Service, Malaysian television and radio broadcasts and
Indonesian radio broadcasts are received uncensored in
Singapore.  Cable News Network International, carried live, is
available almost 24-hours a day on pay television.  Satellite
dishes are banned with few exceptions.

All general circulation newspapers, with the exception of a
small circulation Tamil language newspaper, are owned by
Singapore Press Holdings Ltd. (SPH), a private corporation
which has close ties to the national leadership.  SPH also owns
20 percent of Singapore Cablevision, which operates the cable
television system.  The SPH is required by law to issue
ordinary and "management" shares; holders of management shares
have the power to control all SPH personnel decisions.  The
Government must approve, and can remove, holders of management
shares.  Hence, while Singapore newspapers, especially the
English-language Straits Times, print a large and diverse
selection of articles from their domestic and a variety of
foreign resources, editorials and coverage of domestic events
closely parallel government policies and the opinions of
government leaders.  Government leaders often criticize what
they call the "Western model" of journalism, in which the media
have unrestricted freedom to report the news as they see it.
Government officials argue that the role of the domestic media
is to support the goals of the elected leadership.

A case by the Government against the editor of the Business
Times, the leading business daily owned by Singapore press
holdings, and four other persons was settled in March.  The
editor and four others--a government official, a journalist,
and two employees of a foreign securities firm--were convicted
of failing to protect the secrecy of official information in
regard to a December 1992 report in the Business Times of
unreleased government growth figures.  The defendants were
fined but received no jail sentences.

A wide range of international magazines and newspapers may be
purchased uncensored, although newspapers printed in Malaysia
may not be imported (and vice versa).  A 1990 law requires
foreign publications that report on politics and current events
in Southeast Asia to register, post a bond the equivalent of
$132,000, and name a person in Singapore to accept legal
service.  These requirements strengthen government control over
foreign media.  The Government may ban the circulation of
domestic and foreign publications under provisions of the ISA
and the Undesirable Publications Act.  Under amendments to the
Newspaper and Printing Presses Act, it may limit the
circulation of foreign publications which, by the Government's
broad determination, interfere in Singapore's domestic
politics.  It has done so on occasion in the past.

In its relations with foreign media, the Government relaxed
restrictions on the circulation of some foreign publications.
In January the restrictions on the circulation of The Economist
were lifted.  The Asian Wall Street Journal (AWSJ), Asiaweek,
and the Far Eastern Economic Review, all "gazetted" (limited in
circulation) in 1987, remained gazetted.  However, the limits
were raised to 7,000 per issue on the AWSJ, 15,000 per issue
for Asiaweek, and 2,000 per issue of the Far Eastern Economic
Review.  The Government also permitted the AWSJ to station a
correspondent full time in Singapore beginning in 1993.  From
1988 to 1991, the AWSJ was not permitted to have a
correspondent in Singapore, and from 1991 to 1993, a
correspondent was permitted on a part-time basis only.
However, in June the Immigration Department refused the
application from the Asiaweek correspondent to renew his
employment pass.  Journalists from regional publications are
required by law to apply annually for renewal of the employment
pass which allows them to operate in Singapore.

Government leaders sometimes use libel or slander suits or the
threat of such actions to discourage public criticism.  In June
a Former Singapore Law Minister sued the International Herald
Tribune for publishing an allegedly defamatory letter about him
in May.  The letter compared the leniency shown to the former
law minister after a car crash when he had been convicted of
"drunk driving and refusing a breathalyzer test" with the harsh
punishment for persons convicted of vandalism.  In fact, the
former law minister had not been convicted of the former, but
was charged with "driving without care" and "failing to give a
blood sample."  The suit was settled out of court after the IHT
printed an apology and paid an unspecified amount in damages.

Prime Minister Goh Chok Tong, Senior Minister Lee Kuan Yew, and
his son, deputy Prime Minister Lee Hsien Loong, are seeking
damages from the IHT for an article, published in August, which
suggested that the younger Lee had been appointed to his post
on account of his father.  Damages of an unspecified amount are
being sought, in spite of a printed apology, which appeared in
the newspaper on August 31.  Lawyers for the two sides are
still negotiating the amount of the damages.

In January 1995 Dr. Christopher Lingle, an American academic
who had been a visiting lecturer at the National University of
Singapore, the International Herald Tribune, and others were
fined for contempt of court following the publication of an
article about Southeast Asian governments by Lingle on October
7, 1994.  Although Singapore was not mentioned in the article,
the court focused on the article's reference to some
governments as being "more subtle:  relying upon a compliant
judiciary to bankrupt opposition politicians or buying out
enough of the opposition to take control democratically" as a
reference to Singapore.  Although the IHT published an apology
for the article in December, Senior Minister Lee Kuan Yew filed
a civil libel suit.  That action is pending.  In at least the
three incidents cited above, the use of slander or libel suits
appears to have successfully intimidated the press.

The authorities censor movies, video materials, and music.
Some publications are barred from importation.  Censorship of
materials and the decision to deny the importation of specific
publications are based on a determination that such materials
would undermine the stability of the State; are pro-Communist,
contravene moral norms, are pornographic, show excessive and/or
gratuitous sex and violence, glamorize or promote drug use, or
incite racial, religious, or language animosities.  The
authorities report that there is strong public support for
continued censorship of sex and violence in films.

In January, after a performer's actions in a nude
entertainment, the Government tightened its restrictions on
drama groups.  It now requires organizers of scriptless plays
to provide a synopsis when applying for a license.  The founder
of the group responsible for the above performance was
prosecuted for providing entertainment without a license
because the play ran overtime.  The performer was fined and
barred from future public performances.

Faculty members at public institutions of higher education are
government employees.  A number of university lecturers are
concurrently PAP Members of Parliament (M.P.'s).  Academics
sometimes criticize government policies, but avoid public
criticism of individual government leaders and sensitive social
and economic policies because of possible sanctions, such as in
the cases of Dr. Christopher Lingle and Dr. Chee Soon Juan (see
also Section 3).  Publications by local academics and members
of think tanks rarely deviate substantially from government
views.

     b.  Freedom of Peaceful Assembly and Association

Assemblies of more than five persons in public, including
political meetings and rallies, must have police permission.
Individuals wishing to speak at a public function, excluding
functions provided by or under the auspices of the Government,
must obtain permission from the Public Entertainment Licensing
Unit, a division of the police Criminal Investigation
Department.  Opposition politicians have experienced delays as
long as 26 days, according to police records, before receiving
notification of action on their applications.  The authorities
do not approve all applications.  For example, according to a
police spokesman, opposition M.P. Ling How Doon was not allowed
to speak at his constituency's national day celebration dinner
in August because the function was organized by a political
party and held outdoors.  On the other hand, PAP M.P. and
Minister Without Portfolio Lim Boon Heng was allowed to speak
at a similar open-air function in August because it was
organized by the Citizens' Consultative Committee under the
People's Association, which is not a political party.

The Government closely monitors political gatherings regardless
of the number present.  Most associations, societies, clubs,
churches, and other organizations with more than 10 members
must be registered with the Government under the Societies
Act.  The Government denies registration to societies it
believes likely to be used for unlawful purposes or for
purposes prejudicial to public peace, welfare, or public
order.  The Government has absolute discretion in applying this
broad and vague language to register or dissolve societies.  It
prohibits organized political activities, except by
organizations registered as political parties.  This
prohibition effectively limits opposition activities.  It has
less of an effect on the PAP, which enjoys the support of
residential committees and neighborhood groups ostensibly
organized for nonpolitical purposes but whose leadership
contains many grassroots PAP members (see also Section 3).

     c.  Freedom of Religion

Freedom of religion is provided for in the Constitution and
usually respected in practice.  There is no state religion.
The Government has determined that every public housing estate
must have a mosque.  It therefore provides some financial
assistance to build and maintain mosques.  The Government also
facilitates contributions to the construction of Indian and
Chinese temples.

Missionaries are permitted to work and to publish religious
texts.  However, all religious groups are subject to government
scrutiny and must be legally registered.  The Government
restricts some religious sects by application of the Societies
Act and has banned others, such as Jehovah's Witnesses and the
Unification Church.  Four Jehovah's Witnesses were convicted,
and their appeals dismissed, for possessing banned publications
under the Undesirable Publications Act.  All four were fined.
The 1990 "Maintenance of Religious Harmony Act" made illegal
what the Government deems to be the inappropriate involvement
of religious groups and officials in political affairs.  The
Act also denies the judiciary the competence to review possible
denial of rights which could arise from the application of the
Act, and it specifically denies judicial review of its
enforcement.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

The Government requires all citizens and permanent residents
over the age of 12 to register and to carry identification
cards.  After the completion of national service, enlisted men
remain liable for reserve training until the age of 40 and
officers to age 50.  Reservists who plan to travel overseas for
less than 6 months must advise the Ministry of Defense; for
trips longer than 6 months, reservists must obtain an exit
permit.  Males approaching national service age must obtain an
exit permit in order to study outside Singapore.  The
Government may deny a passport, and has done so in the case of
former ISA detainees.

The ISA allows the Minister for Law and Home Affairs to suspend
or revoke a detention order or to impose restrictions on former
detainees' activities, places of residence, and travel abroad.
The right of voluntary repatriation is extended to holders of
Singaporean passports.  In 1985 Parliament provided for the
loss of citizenship by Singaporeans who reside outside
Singapore for more than 10 years consecutively.  Action under
this law is discretionary and has been taken in at least one
case involving a well-known government opponent, Tan Wah Piaow.

The law stipulates that former Singaporean members of the
Communist Party of Malaya (CPM) residing outside Singapore must
appeal to the Government to be allowed to return.  They must
renounce Communism, sever all organizational ties with the CPM,
and pledge not to take part in activities prejudicial to the
nation's internal security.  In addition, the law requires them
to be subject to interview by the ISD and to any restrictive
conditions imposed on them.

Singapore neither accepts the Comprehensive Plan of Action for
Indochinese seeking refugee status nor offers first asylum to
refugees.  Prior to 1991, the Government permitted Indochinese
asylum seekers to disembark if a resettlement country promised
to remove them within 90 days and if the rescuing vessel was in
Singapore on a scheduled port of call.  In June 1991, the
Government halted disembarkation on the grounds that
resettlement countries had not honored their guarantees of
removal.  As of September 1, there were 98 asylum seekers at
the Hawkins Road camp, all of whom were denied refugee status
through screening procedures conducted by the local office of
the United Nations High Commissioner for Refugees (UNHCR).  The
authorities permit persons of other nationalities who make
claims for asylum to have their status determined by the UNHCR
for possible resettlement elsewhere.  There is no forcible
repatriation.