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On S377A and gay rights in Singapore

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By Sudhir Thomas Vadaketh

Sadness.

I will once again not be in Singapore for this year’s Pink Dot celebration, scheduled for 5pm, June 28th at Hong Lim Park (see here).

Aside from being our biggest civil demonstration, and looking like a rather fun party, of all the illiberal policies in Singapore, nothing offends my sensibilities more than the continued criminalisation of male homosexuals.

As I mentioned at the launch of Hard Choices (see here), I strongly believe that the presence of this law is a stain on our collective moral conscience. In the same way that future generations of humans may wonder how the world took so long to get ecological sustainability right, I am certain future generations of Singaporeans will ask how a developed, democratic, aspiring global city took so long to guarantee fundamental rights to a minority group.

Of course gay rights, just like ethnic rights, women’s rights, and every other human right, is a function of the social norms of the day. But this is the 21st century: while the rest of the developed world wonders whether or not to legalise gay marriage, some Singaporeans cling onto atavistic fears, dressed in cultural relativism, about legalising homosexuals themselves.

Though I have spoken publicly about this bigotry many times and touched on it in Floating on a Malayan Breeze, this is my first article or blogpost on the matter.

I actually didn’t think it necessary to write this—since many more enlightened souls have already spoken—but two people recently convinced me to do so. But since so much has already been written in Singapore and overseas, I will limit myself to what I believe are under-explored areas on the issue. This is not meant to be a comprehensive essay.

Indeed, a good primer on Singapore’s long-standing debates on this issue is a parliamentary discussion on the Penal Code in 2007 (see here). Siew Kum Hong, then nominated MP, outlined the pro-repeal (i.e. gay rights) stance; Thio Li-ann, then nominated MP, outlined the anti-repeal (i.e. anti-gay) stance; and Indranee Rajah and Christopher De Souza, PAP politicians, outlined the government’s position, which remains consistent to this day (to be discussed below).

The official position is disingenuous

The Singapore government’s main argument against repealing S377A is for its “signalling” effect in what it considers a still conservative society.

“Therefore, the stance which the Government is taking is, in fact, an exact reflection of what Singapore society in general think, which is that if you really have to do it in private, the Government and the Police will not take a proactive enforcement policy but, at the same time, we do not want to send a message to everybody that this is correct, because we have to take into account the majority view.”

– Indranee Rajah, 2007

(“if you really have to do it in private”…gosh, why don’t you tame your raging hormones, boy!)

The majority view? But throughout our history, the government has ignored the majority view and actively sought to dictate values, whether, for example, in terms of culture in the 1960s (language policy: Mandarin over dialects), family values in the 1970s (“Stop at two”); or societal norms in the 2000s (the return of gambling).

One reason the “Singapore consensus” is so admired by many emerging-market countries and businesses is precisely because of its ability to push through unpopular policies in the name of long-term developmental goals, ethical considerations or egalitarianism.

But not gay rights. When it comes to gay rights—and some other issues, such as the death penalty—the government suddenly remembers the quaint notion of “the majority view”, and we the citizens are allowed to revel, fleetingly, in the participatory joys of a representative democracy.

But this is not real democracy. Every democracy has an obligation to protect minority rights, not succumb to majoritarianism. What if a majority of Singaporeans wanted to ban all new immigrants?

Second, even if the government did, at the expense of minority protection, want to decide this issue by popular vote, I do not believe Singaporeans have ever had the opportunity to engage in a proper national conversation on it. All mainstream media is government controlled, and probably wary of wading into the culture wars. I have never read a single editorial on gay rights. Nor watched a proper debate about it on TV.

In 2012, when Singapore’s National Arts Council (NAC) refused to award a publishing grant to Floating on a Malayan Breeze because it apparently “has the potential to undermine the authority of the Singapore government”, one of the offending passages highlighted to me was this one:

Private, consensual sex between males is punishable by up to two years in prison. Though the law is rarely enforced, its presence is a stain on the conscience of Singapore, which claims to be an inclusive, modern global city.” – p. 211

If even writers are not supposed to broach the topic in books….then who? How are Singaporeans expected to engage in a constructive debate?

I also believe that the government has never really accurately gauged public sentiment on this issue, instead relying on somewhat inaccurate surveys, and deciding by fiat.

When I say these surveys are “inaccurate”, all I mean is that they are not actually asking about the electorate’s view on the legality of homosexuality or S377A.1 Rather, they tend to ask about general perceptions towards homosexuals—perceptions that, as mentioned, have been strongly influenced by narrow reportage and a national, institutionalised history of anti-gay discrimination (as recently as the 1990s the Singapore Police engaged in odious sting operations against gays in Singapore).

For instance, the most recent one was a survey on race, language and religion conducted by the Institute of Policy Studies (IPS), which showed that Singaporeans maintain conservative views on homosexuals.2

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Newspaper reports, social media and everyday conversations immediately tied this finding to support for S377A. That is slightly problematic. There are many behaviours and values that people might disagree with yet do not feel should be illegal.

In the same survey, 72.5% say having a pregnancy outside marriage is wrong; 69.2% say gambling is wrong; and 56.4% say pre-marital sex is wrong. But do Singaporeans want to criminalise those activities? I suspect not.

On a related note, one curious finding from this survey is that Singaporeans are more tolerant of gay marriage than sex, and even more tolerant of gay’s adopting a child. Usually, a society first accepts gay sex before child adoption and marriage.

Why the reverse? One researcher I spoke with believes it has to do with Singaporeans’ focus on family values. I think it could also be because S377A has been drummed into us, whereas issues like gay marriage and child adoption are never even remotely discussed.

“Those answers told us more about how good Singaporeans are at responding to (political) message cues than about what they really thought,” says Alex Au, one of Singapore’s leading gay-rights advocates, who blogs at Yawning Bread. (Alex is also vice-president of Transient workers count too (TWC2), an NGO that promotes the rights of low-wage migrant workers.)

Therefore, even if Singapore decided that it wanted to suspend minority protection and decide this issue by popular vote—a very big IF—then it still has not been done in a precise way. First, we need a proper national conversation. And then, a proper referendum on “Do you believe private, consensual homosexual activity should be illegal in Singapore?”

To surmise, Singapore is a country that prides itself on

a) Government leading societal views and norms

b) Minority protection

c) Analytical rigour

When it comes to S377A, however, we seem to have temporarily suspended all three. Why?

To continue reading the rest of this article, please visit sudhirtv.com.

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Lim Tean criticizes Govt’s rejection of basic income report, urges Singaporeans to rethink election choices

Lim Tean, leader of Peoples Voice (PV), criticizes the government’s defensive response to the basic living income report, accusing it of avoiding reality.

He calls on citizens to assess affordability and choose MPs who can truly enhance their lives in the upcoming election.

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SINGAPORE: A recently published report, “Minimum Income Standard 2023: Household Budgets in a Time of Rising Costs,” unveils figures detailing the necessary income households require to maintain a basic standard of living, using the Minimum Income Standard (MIS) method.

The newly released study, spearheaded by Dr Ng Kok Hoe of the Lee Kuan Yew School of Public Policy (LKYSPP) specifically focuses on working-age households in 2021 and presents the latest MIS budgets, adjusted for inflation from 2020 to 2022.

The report detailed that:

  • The “reasonable starting point” for a living wage in Singapore was S$2,906 a month.
  • A single parent with a child aged two to six required S$3,218 per month.
  • Partnered parents with two children, one aged between seven and 12 and the other between 13 and 18, required S$6,426 a month.
  • A single elderly individual required S$1,421 a month.
  • Budgets for both single and partnered parent households averaged around S$1,600 per member. Given recent price inflation, these figures have risen by up to 5% in the current report.

Singapore Govt challenges MIS 2023 report’s representation of basic needs

Regrettably, on Thursday (14 Sept), the Finance Ministry (MOF), Manpower Ministry (MOM), and Ministry of Social and Family Development (MSF) jointly issued a statement dismissing the idea suggested by the report, claiming that minimum household income requirements amid inflation “might not accurately reflect basic needs”.

Instead, they claimed that findings should be seen as “what individuals would like to have.”, and further defended their stances for the Progressive Wage Model (PWM) and other measures to uplift lower-wage workers.

The government argued that “a universal wage floor is not necessarily the best way” to ensure decent wages for lower-wage workers.

The government’s statement also questions the methodology of the Minimum Income Standards (MIS) report, highlighting limitations such as its reliance on respondent profiles and group dynamics.

“The MIS approach used is highly dependent on respondent profiles and on group dynamics. As the focus groups included higher-income participants, the conclusions may not be an accurate reflection of basic needs.”

The joint statement claimed that the MIS approach included discretionary expenditure items such as jewellery, perfumes, and overseas holidays.

Lim Tean slams Government’s response to basic living income report

In response to the government’s defensive reaction to the recent basic living income report, Lim Tean, leader of the alternative party Peoples Voice (PV), strongly criticizes the government’s apparent reluctance to confront reality, stating, “It has its head buried in the sand”.

He strongly questioned the government’s endorsement of the Progressive Wage Model (PWM) as a means to uplift the living standards of the less fortunate in Singapore, describing it as a misguided approach.

In a Facebook video on Friday (15 Sept), Lim Tean highlighted that it has become a global norm, especially in advanced and first-world countries, to establish a minimum wage, commonly referred to as a living wage.

“Everyone is entitled to a living wage, to have a decent life, It is no use boasting that you are one of the richest countries in the world that you have massive reserves, if your citizens cannot have a decent life with a decent living wage.”

Lim Tean cited his colleague, Leong Sze Hian’s calculations, which revealed a staggering 765,800 individuals in Singapore, including Permanent Residents and citizens, may not earn the recommended living wage of $2,906, as advised by the MIS report.

“If you take away the migrant workers or the foreign workers, and take away those who do not work, underage, are children you know are unemployed, and the figure is staggering, isn’t it?”

“You know you are looking at a very substantial percentage of the workforce that do not have sufficient income to meet basic needs, according to this report.”

He reiterated that the opposition parties, including the People’s Voice and the People’s Alliance, have always called for a minimum wage, a living wage which the government refuses to countenance.

Scepticism about the government’s ability to control rising costs

In a time of persistently high inflation, Lim Tean expressed skepticism about the government’s ability to control rising costs.

He cautioned against believing in predictions of imminent inflation reduction and lower interest rates below 2%, labeling them as unrealistic.

Lim Tean urged Singaporeans to assess their own affordability in these challenging times, especially with the impending GST increase.

He warned that a 1% rise in GST could lead to substantial hikes in everyday expenses, particularly food prices.

Lim Tean expressed concern that the PAP had become detached from the financial struggles of everyday Singaporeans, citing their high salaries and perceived insensitivity to the common citizen’s plight.

Lim Tean urges Singaporeans to rethink election choices

Highlighting the importance of the upcoming election, Lim Tean recommended that citizens seriously evaluate the affordability of their lives.

“If you ask yourself about affordability, you will realise that you have no choice, In the coming election, but to vote in a massive number of opposition Members of Parliament, So that they can make a difference.”

Lim Tean emphasized the need to move beyond the traditional notion of providing checks and balances and encouraged voters to consider who could genuinely improve their lives.

“To me, the choice is very simple. It is whether you decide to continue with a life, that is going to become more and more expensive: More expensive housing, higher cost of living, jobs not secure because of the massive influx of foreign workers,” he declared.

“Or you choose members of Parliament who have your interests at heart and who want to make your lives better.”

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Political observers call for review of Singapore’s criteria of Presidential candidates and propose 5 year waiting period for political leaders

Singaporean political observers express concern over the significantly higher eligibility criteria for private-sector presidential candidates compared to public-sector candidates, calling for adjustments.

Some also suggest a five year waiting period for aspiring political leaders after leaving their party before allowed to partake in the presidential election.

Notably, The Workers’ Party has earlier reiterated its position that the current qualification criteria favor PAP candidates and has called for a return to a ceremonial presidency instead of an elected one.

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While the 2023 Presidential Election in Singapore concluded on Friday (1 September), discussions concerning the fairness and equity of the electoral system persist.

Several political observers contend that the eligibility criteria for private-sector individuals running for president are disproportionately high compared to those from the public sector, and they propose that adjustments be made.

They also recommend a five-year waiting period for aspiring political leaders after leaving their party before being allowed to participate in the presidential election.

Aspiring entrepreneur George Goh Ching Wah, announced his intention to in PE 2023 in June. However, His application as a candidate was unsuccessful, he failed to receive the Certificate of Eligibility (COE) on 18 August.

Mr Goh had expressed his disappointment in a statement after the ELD’s announcement, he said, the Presidential Elections Committee (PEC) took a very narrow interpretation of the requirements without explaining the rationale behind its decision.

As per Singapore’s Constitution, individuals running for the presidency from the private sector must have a minimum of three years’ experience as a CEO in a company.

This company should have consistently maintained an average shareholders’ equity of at least S$500 million and sustained profitability.

Mr Goh had pursued eligibility through the private sector’s “deliberative track,” specifically referring to section 19(4)(b)(2) of the Singapore Constitution.

He pointed out five companies he had led for over three years, collectively claiming a shareholders’ equity of S$1.521 billion.

Notably, prior to the 2016 revisions, the PEC might have had the authority to assess Mr Goh’s application similarly to how it did for Mr Tan Jee Say in the 2011 Presidential Election.

Yet, in its current formulation, the PEC is bound by the definitions laid out in the constitution.

Calls for equitable standards across public and private sectors

According to Singapore’s Chinese media outlet, Shin Min Daily News, Dr Felix Tan Thiam Kim, a political analyst at Nanyang Technological University (NTU) Singapore, noted that in 2016, the eligibility criteria for private sector candidates were raised from requiring them to be executives of companies with a minimum capital of S$100 million to CEOs of companies with at least S$500 million in shareholder equity.

However, the eligibility criteria for public sector candidates remained unchanged. He suggests that there is room for adjusting the eligibility criteria for public sector candidates.

Associate Professor Bilver Singh, Deputy Head of the Department of Political Science at the National University of Singapore, believes that the constitutional requirements for private-sector individuals interested in running are excessively stringent.

He remarked, “I believe it is necessary to reassess the relevant regulations.”

He points out that the current regulations are more favourable for former public officials seeking office and that the private sector faces notably greater challenges.

“While it may be legally sound, it may not necessarily be equitable,” he added.

Proposed five-year waiting period for political leaders eyeing presidential race

Moreover, despite candidates severing ties with their political parties in pursuit of office, shedding their political affiliations within a short timeframe remains a challenging endeavour.

A notable instance is Mr Tharman Shanmugaratnam, who resigned from the People’s Action Party (PAP) just slightly over a month before announcing his presidential candidacy, sparking considerable debate.

During a live broadcast, his fellow contender, Ng Kok Song, who formerly served as the Chief Investment Officer of GIC, openly questioned Mr Tharman’s rapid transition to a presidential bid shortly after leaving his party and government.

Dr Felix Tan suggests that in the future, political leaders aspiring to run for the presidency should not only resign from their parties but also adhere to a mandatory waiting period of at least five years before entering the race.

Cherian George and Kevin Y.L. Tan: “illogical ” to raise the corporate threshold in 2016

Indeed, the apprehension regarding the stringent eligibility criteria and concerns about fairness in presidential candidacy requirements are not limited to political analysts interviewed by Singapore’s mainstream media.

Prior to PE2023, CCherian George, a Professor of media studies at Hong Kong Baptist University, and Kevin Y.L. Tan, an Adjunct Professor at both the Faculty of Law of the National University of Singapore and the NTU’s S. Rajaratnam School of International Studies (RSIS), brought attention to the challenges posed by the qualification criteria for candidates vying for the Singaporean Presidency.

In their article titled “Why Singapore’s Next Elected President Should be One of its Last,” the scholars discussed the relevance of the current presidential election system in Singapore and floated the idea of returning to an appointed President, emphasizing the symbolic and unifying role of the office.

They highlighted that businessman George Goh appeared to be pursuing the “deliberative track” for qualification, which requires candidates to satisfy the PEC that their experience and abilities are comparable to those of a typical company’s chief executive with shareholder equity of at least S$500 million.

Mr Goh cobbles together a suite of companies under his management to meet the S$500m threshold.

The article also underscored the disparities between the eligibility criteria for candidates from the public and private sectors, serving as proxies for evaluating a candidate’s experience in handling complex financial matters.

“It is hard to see what financial experience the Chairman of the Public Service Commission or for that matter, the Chief Justice has, when compared to a Minister or a corporate chief.”

“The raising of the corporate threshold in 2016 is thus illogical and serves little purpose other than to simply reduce the number of potentially eligible candidates.”

The article also touches upon the issue of candidates’ independence from political parties, particularly the ruling People’s Action Party (PAP).

It mentions that candidates are expected to be non-partisan and independent, and it questions how government-backed candidates can demonstrate their independence given their previous affiliations.

The Workers’ Party advocate for a return to a ceremonial presidency

It comes as no surprise that Singapore’s alternative party, the Workers’ Party, reaffirmed its stance on 30 August, asserting that they believe the existing qualifying criteria for presidential candidates are skewed in favour of those approved by the People’s Action Party (PAP).

They argue that the current format of the elected presidency (EP) undermines the principles of parliamentary democracy.

“It also serves as an unnecessary source of gridlock – one that could potentially cripple a non-PAP government within its first term – and is an alternative power centre that could lead to political impasses.”

Consistently, the Workers’ Party has been vocal about its objection to the elected presidency and has consistently called for its abolition.

Instead, they advocate for a return to a ceremonial presidency, a position they have maintained for over three decades.

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