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Thank
you for informing Amnesty International about
the Think Centre's forthcoming forum entitled
"Human Rights: Every Singaporean Matters"
to be held on 10 March 2000. Although it will
not be possible for a local Amnesty International
representative to participate in the meeting,
may we take this opportunity to wish you a fruitful
and constructive discussion on the protection
and promotion of human rights in Singapore.
Amnesty
International has noted with interest the government's
"Vision Singapore 21" program, in particular
its call for all Singaporeans to take an active,
participatory role in debating and building Singapore's
future. In this regard the Think Centre's forum
appears particularly timely.
Amnesty
International, conscious of the increasing worldwide
recognition of the universality, indivisibility
and interdependence of all rights -- economic,
social, civil and political - believes that respect
for the principles enshrined in the Universal
Declaration of Human Rights (UDHR) should lie
at the heart of the realization of Singapore's
vision.
The
Think Centre's background information on the forthcoming
forum suggested to us that a number of issues
related to Amnesty International's longstanding
concerns on Singapore may come up for discussion.
These include existing curbs on freedom of expression
and association, an apparently politically-motivated
use of libel suits, the Internal Security Act
(ISA) and the death penalty. To facilitate such
discussions we hope you may find of use the following
selection of Amnesty International's concerns
and recommendations. May I also draw your attention
to the attached Introduction to AI's 1998 Annual
Report, entitled "All
Human Rights for all", which discusses
the abiding significance of the UDHR.
1.
Ratification of international human rights instruments
Amnesty
International considers the ratification of major
international human rights instruments by the
Government of Singapore, as by all other non-acceding
governments, a basic step towards building a society
founded on human rights.
Recommendation:
-
that the government as a first step moves to ratify
the major human rights instruments, including
the International Covenant on Civil and Political
Rights (ICCPR) and the International Covenant
on Economic, Social and Cultural Rights (ICESCR),
and to incorporate their guarantees into domestic
law.
2.
The Internal Security Act (ISA) and other restrictive
legislation
Amnesty
International regards the ISA as central to the
formidable array of legislation restricting the
ability of Singaporeans to enjoy fundamental rights
-- including freedom of expression, association
and assembly. Such laws continue to deter Singaporeans
from expressing dissenting political opinions
or from participating in political life without
the consent -- overt or tacit -- of the ruling
People's Action Party (PAP).
The
long imprisonment without charge or trial of former
prisoner of conscience Chia Thye Poh remains a
potent symbol of the oppressive effects of the
ISA on Singapore's political and civil life. However,
the seven and twelve-day imprisonment in early
1999 of Dr Chee Soon Juan, Secretary-General of
the opposition Singapore Democratic Party, for
speaking in public without a licence under the
Public Entertainments Act, served as a pointed
reminder of the broad array of other laws which
impose unjustified restrictions upon the fundamental
rights of Singaporeans.
Recommendations:
-
that the ISA be amended so that it no longer allows
for the arrest and imprisonment of those who peacefully
express their conscientiously held beliefs;
-
that the ISA be amended to enable those suspected
of threatening national security to have the opportunity
of defending themselves in a court of law.
-
that other non emergency-related restrictive legislation
- including the Societies Act, the Newspaper &
Printing Presses Act and the Public Entertainments
Act - which place unjustified curbs on the peaceful
exercise of freedom of expression, assembly and
association, be reviewed with a view to repeal
or reform.
3.
The use of civil defamation suits for political
purposes
Amnesty
International believes that the civil defamation
suits filed against parliamentarian J.B Jeyaretnam
and former parliamentary candidate Tang Liang
Hong have had the effect of curbing the right
to freedom of political expression and the right
to participate freely in public life.
Amnesty
International believes that the Executive's use
of such legislation is politically motivated,
serves to engender a climate of self-censorship
in Singapore's political and civic life, and places
unreasonable and unacceptable restrictions on
the right of Singaporeans to hold and peacefully
express their opinions.
The
organization is further concerned that the overall
pattern of such suits appears to show a disparity
in cases involving members of the government versus
private citizens, and that aspects of court judgments
appear to substantiate fears that the Judiciary
is failing to check apparent political misuse
of the law by the Executive.
Recommendation:
-
that the filing and the judicial examination of
civil defamation suits be informed by respect
for the principle of freedom of peaceful expression,
and should not be used for political purposes.
4.
Jehovah's Witnesses
At
least 32 Jehovah's Witnesses were held in detention
in 1999 as objectors to military service. Amnesty
International regards them as prisoners of conscience,
detained for the right to profess their religion,
a right guaranteed under the Singapore constitution.
Jehovah's Witnesses have been banned since 1972
and there is no recognition of conscientious objection,
nor is there an alternative civilian, non-punitive
service available, as called for by the UN Commission
on Human Rights. Others have been arrested for
the practice of their religion through possession
or distribution of 'Watch Tower' publications.
Recommendations:
-
that Jehovah's Witnesses no longer be detained
for the peaceful expression of their conscientiously
held religious beliefs;
-
that a civilian service be made available as an
alternative to compulsory military service.
5.
Ill-treatment and cruel, inhuman and degrading
treatment
After
the arrests of social activists and others under
the ISA during the late 1980s, Amnesty International
documented the physical and psychological ill-treatment
of the detainees, which amounted to cruel, inhuman
and degrading treatment. The organization concluded
that interrogations, taking place under conditions
of extreme psychological pressure, with instances
of direct physical violence, violated international
legal standards as laid down in the UDHR and the
UN Convention Against Torture.
Amnesty
International remains concerned that these events
have not yet been fully and openly investigated
and that the risk that such practices may continue
remains.
The
organization is also concerned that caning, which
constitutes cruel, inhuman or degrading punishment,
remains mandatory for some 30 crimes, including
attempted murder, rape, illegal immigration and
vandalism, and optional for a number of other
crimes. Its use has been extended to repeat drug
abusers and undocumented migrant workers, including
those who smuggle individuals into Singapore.
Recommendations:
-
that all reports of ill-treatment of detainees
be investigated by an independent, impartial body,
its report be made public, those alleged responsible
be prosecuted and the victims compensated;
-
that the penalty of caning for criminal offences
be abolished, and that, until completion of the
necessary legislative changes, it no longer be
imposed as a sentence.
6.
Death Penalty
The
number of executions carried out in Singapore
is believed to have increased in recent years.
It is difficult to update information about the
number of death sentences passed and executions
carried out as the government tends not to publish
statistics. However since 1994 more than 190 executions
have been recorded in the city-state. With its
population of 3.4 million Singapore is now believed
to have one of the highest per capita execution
rates in the world. Most are believed to have
been for drug-trafficking offences. The mandatory
imposition of the death penalty for drug trafficking,
murder, treason and certain firearms offences
remains a cause of deep concern.
Amnesty
International opposes the death penalty in all
cases as a violation of 'the right to life', and
the right not to be subjected to 'cruel, inhuman
or degrading punishment' as proclaimed in the
UDHR. There is no scientific evidence that the
death penalty acts as a more effective deterrent
against crimes than other forms of punishment
-- or that it has a unique effect in reducing
crime rates.
Recommendations:
-
that the Singapore government ratify the Second
Optional Protocol of the International Covenant
on Civil and Political Rights (dealing with the
death penalty);
-
that all executions be halted as a the first step
towards abolition of the death penalty;
-
that the government publish statistics on the
use of the death penalty.
We would welcome, at your convenience, information
on discussions and any resolutions of the forum.
Please be assured that Amnesty International members
worldwide will persist in their campaigning for
human rights to be protected, in law and in practice,
in Singapore and elsewhere.
Yours sincerely,
Graham Bennett
Director, Asia Program.
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