14 August, 2020

Quora Answer: Why is Singapore Not Party to the ICCPR?

The following is my answer to a Quora question: “Why is Singapore not a party to the ICCPR?

Singapore is not party to the International Covenant on Civil & Political Rights because it has laws on its books that would be considered contrary to the convention, and the state sees no need to accede to this.  Principally, it is about foreign powers, or a supranational entity, dictating the sort of laws that the country may have, based on the experience of external entities, and not Singapore’s needs.

Singapore is not one of those nations that sign treaties, then either do not ratify them, or violate them.  Either we sign, and adhere; or we do not.  The integrity of the government is one of the few tools a small nation has in international diplomacy.  We must be seen as a credible dialogue partner.  For example, the convention grants the absolute right to assembly.  This would contradict the Public Order Act, Cap 257A.  In summary, any gathering which has a political or social objective, requires a permit, which details the organisers, the nature of the event, the identity of speakers, the subject matter spoken of, and so forth.  This covers, also, gathering to commemorate events, to influence public opinion on controversial matters, to advance political causes, or anything that would incite racial or religious sensitivity.

As a small, multicultural nation, Singapore reserves the right to curb civil disturbance before they arise.  If that means controlling gatherings of a political nature, then so be it.  You are never going to see the sort of disturbances that happen elsewhere in the name of freedom.  We do not need that sort of anarchy.  There are other means of dialogue and feedback.

Another example would be the various acts of legislation, such as the Internal Security Act, Cap 143; and the Criminal Law (Temporary Provisions) Act, Cap 67.  These allow for detention without trial for offences such as terrorism, and organised crime.  This would contravene the sections of the convention, which provides for public trials for all offences.

Whilst the need for public trials is meritorious, it is not always practicable.  This is particularly so for the Triads, and gangs, which would threaten the life and safety of officials, and witnesses.  Measures such as these are necessary to break them.  When it comes to terrorism, trials become spectacles that serve to advance their cause.  Trials also make the nation, and Singaporeans abroad, targets.

There are several other points of contention, but these two are enough to scupper any chance of Singapore ever signing, and ratifying, this convention.  In that, we are one of the few nations in the world to refuse to do so.



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