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SG activists cautions against entrusting ‘unelected’ committee in assessing presidential candidates’ values

Addressing the Tan Kin Lian controversy and Association of Women for Action and Research (AWARE)’s statement on the president candidate, Kirsten Han warns against letting an “unelected committee” judge Presidential candidacy based on vague criteria.

Singaporean writer Jolene Tan supports Han, highlighting AWARE’s shift from 2016 when they sought to limit discretionary powers.

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Former NTUC Income chief Mr Tan Kin Lian, who has successfully been nominated as Singapore Presidential Candidate on Tuesday (22 Aug), had earlier entangled in a heated online debate related to his past social media posts.

The spark for this recent controversy was a TikTok video, which spotlighted Mr Tan’s Facebook posts commenting on “pretty” girls.

The Association of Women for Action and Research (AWARE), responding to the widespread attention, made a statement on its Facebook page on Monday (21 Aug) condemning Mr Tan’s consistent online behaviour.

Their statement pointed out the dangers of objectifying women through casual posts and comments.

In the statement, AWARE claimed the decision to grant Mr Tan a certificate of eligibility for the election, calling it a “systemic endorsement”, and further urged the Presidential Elections Committee (PEC) to “thoroughly consider the broader implications of such endorsements in the future.”

It shouldn’t be left up to some “elite committee” to decide who “truly upholds values”, says Kirsten Han

Delving into the controversy surrounding Tan Kin Lian’s comments about “pretty” girls, independent journalist and activist Kirsten Han acknowledged her discomfort with his posts.

However, she strongly cautioned against embracing an approach that implies an opaque, unelected committee should determine candidacy eligibility based on subjective and ambiguous criteria.

While AWARE Singapore rightly criticises TKL’s behaviour, Ms Han pointed out that subjecting potential candidates to pre-screening by a committee is an unfavourable solution.

She emphasized that leaving the determination of those who “truly uphold values” solely to an elite committee raises questions.

“What are these values? How to define? Who gets to define? What if next time someone says that people who have spoken in support of LGBTQ equality should not be certified because they don’t uphold “family values”?”

The electorate can voice its disapproval of Tan Kin Lian’s unsettling behavior by not electing him, just as it should with any problematic candidate, Ms Han added.

“And if the electorate *does* vote someone like that in, then we have to examine why, and perhaps it would turn out that the bigger issue is not the behaviour of one man, but a wider societal acceptance of objectification of women.”

Acknowledging the existing certification process, Ms Han said it might appear that certifying someone like Tan Kin Lian implies endorsement of his behavior. Yet, the assessment process itself presents challenges and should not be further empowered.

“Actually, this whole presidential election is a farce and needs to be dismantled, not expanded, ” Ms Han concluded.

The PEC is a six-member council established by the government to vet presidential candidates against the qualifications in Article 19 of the Constitution.

Comprising the Chairman of the Public Service Commission (who also leads the PEC), the Chairman of the Accounting and Corporate Regulatory Authority, a representative from the Presidential Council for Minority Rights, a member from the Council of Presidential Advisers (excluding certain positions), a Supreme Court Judge or eligible individual, and a person with relevant private sector expertise appointed by the Prime Minister.

Jolene Tan highlights AWARE’s shift in position from its 2016 stance

On Tuesday (22 Aug), Singaporean writer Jolene Tan voiced her support for Kirsten Han’s comment via Facebook.

She warned against the dangers of the position now advocated by AWARE, which legitimising this committee’s open-ended veto powers is also likely to strengthen regressive forces.

Ms Tan underlined that AWARE’s recent statement signifies a departure from their previous standpoint. In 2016, AWARE actually advocated for curbing these discretionary powers.

Notably, Jolene Tan played a significant role in drafting the submission letter to the Constitutional Commission Secretariat during the 2016 public consultation on the Elected Presidency.

AWARE’s 2016 stance opposed measures ensuring the election of a minority president, advocating for more inclusive eligibility criteria.

Corinna Lim, Executive Director of AWARE, who was also present at the hearing, suggested modifying the criteria to encompass leaders of organizations with a net asset value of S$50 million, thereby broadening the pool of candidates.

“In my view, the matters of “integrity, good character and reputation” are for the electorate to assess. These are precisely the issues of values and vision which should be left to the democratic process, in contrast to questions about the technical competence or specialist skills of a candidate, which might in some cases be more amenable to assessment by appointed experts, ” Corinna Lim remarked in the 2016 statement.

Nevertheless, Jolene Tan firmly asserted that this certainly does not excuse Tan Kin Lian’s sexist behavior – behavior that is not only inappropriate but also fundamentally undignified.

Tan also noted that AWARE had actually advocated limiting these discretionary powers to the committee back in 2016. Thus, the recent statement from the NGO appears to be a shift in its position.

And indeed, Lim had then proposed the removal of Article 19(2)(e), which empowers the PEC to judge a candidate’s integrity and character for presidential candidacy.

PEC: Tan Kin Lian, “a man of integrity, good character, and reputation”

The spark for this recent controversy was a TikTok video, which spotlighted Mr Tan’s Facebook posts commenting on “pretty” girls.

Going viral with close to 300,000 views, the video inadvertently pushed Mr Tan into the limelight just as his presidential campaign was gaining momentum.

This heated debate emerges at a pivotal time.

Last Friday, Mr Tan, along former People’s Action Party senior minister Tharman Shanmugaratnam and former GIC chief investment officer Ng Kok Song, received their certificates of eligibility (COE) for the upcoming Presidential Election.

All of them successfully filed their nomination papers on Tuesday (22 Aug) before the noon deadline.

In a letter addressed to Mr Tan, the Presidential Elections Committee (PEC) expressed satisfaction with Mr Tan’s character, stating he is “a man of integrity, good character, and reputation”.

PEC secretary Cindy Khoo communicated the committee’s sentiments, and expressed satisfaction after evaluating various facets of Mr. Tan’s professional journey. This included the nature of his tenure at NTUC Income and the company’s overall size and complexity.

Furthermore, they weighed his performance during his time in office. Based on their assessment, they found that Mr Tan’s track record was commendable.

The PEC concluded that his experience and capabilities are equivalent to those of someone who has served as the chief executive of a company with at least S$500 million in shareholder’s equity.

Additionally, such a person should meet the stipulations laid out in Article 19(4)(a) of the Constitution.

It added, “The Committee is also satisfied that you have the experience and ability to effectively carry out the functions and duties of the office of President.”

In a statement late Monday, PEC said that the issuance of the COE does not amount to an endorsement of his social media posts.

It noted that it does not go through every applicant’s past social media posts before issuing or declining a certificate of eligibility.

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Civil Society

Thailand withdraws reservation on refugee children’s rights, welcomed by UN Human Rights Office

Thailand’s withdrawal of its reservation on Article 22 of the CRC is hailed by the UN, marking a key step in enhancing protections for refugee and asylum-seeking children.

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The UN Human Rights Office for South-East Asia (OHCHR) has praised Thailand for its decision to withdraw its reservation on Article 22 of the Convention on the Rights of the Child (CRC), a move expected to improve the protection of refugee and asylum-seeking children in the country.

Cynthia Veliko, the OHCHR Representative for South-East Asia, hailed the decision, calling it “a significant, positive step” toward aligning Thailand’s laws with international standards. “This move helps protect the rights of all children on the move, no matter their nationality or origin,” Veliko said.

The Thai Cabinet’s decision to withdraw the reservation took effect on 30 August 2024. Article 22 of the CRC ensures that refugee and asylum-seeking children receive protection, humanitarian assistance, and equal access to services provided to national children, in line with international human rights laws to which Thailand is a party.

This withdrawal is also expected to strengthen the implementation of Thailand’s National Screening Mechanism (NSM), introduced on 22 September 2023.

The NSM grants the status of “protected person” to individuals who cannot return to their home countries due to the fear of persecution. However, despite these legal advancements, children without legal status in Thailand remain at risk of being detained in immigration facilities.

The UN has raised concerns over the continued detention of children despite the Thai government’s 2019 Memorandum of Understanding on Alternatives to the Detention of Children (MOU-ATD). The UN Committee on the Rights of the Child has reaffirmed that every child has a fundamental right to liberty and should not be detained based on their migration status.

Veliko urged Thailand to focus on ending child immigration detention and adopting human rights-based alternatives.

“Children on the move are children first and foremost,” Veliko stressed, adding that detention due to migration status is never in the best interests of children.

The UN Human Rights Office expressed its readiness to assist the Thai government in developing alternatives to detention, ensuring that all children receive the protection and care they need.

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FORUM-ASIA condemns Myanmar junta’s forced conscription expansion, urges international action

FORUM-ASIA condemns Myanmar’s military junta for expanding forced conscription, calling it a desperate bid to maintain power. The policy, affecting men aged 35 to 60, adds to a long list of human rights violations, including forced labor and the use of civilians as human shields.

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The Asian Forum for Human Rights and Development (FORUM-ASIA) has condemned the Myanmar military junta’s recent decision to expand the age limit of its forced conscription policy, calling on the international community to stand in solidarity with the people of Myanmar.

The move is seen as a desperate attempt by the junta to maintain control in the face of a growing pro-democracy resistance movement.

On 25 August 2024, Senior General Min Aung Hlaing announced the introduction of a new “security system with public participation.”

This system would require men aged 35 to 60 to serve as guards, potentially placing them on the frontlines of conflict. The announcement follows the formation of the Central Supervisory Committee for People’s Security and Anti-Terrorism on 16 August, tasked with organizing military training and overseeing “people’s security and anti-terrorism” groups at various administrative levels.

The junta’s plan builds upon the forced conscription policy it implemented on 10 February 2024, invoking the 2010 People’s Military Service Law.

The law mandates men aged 18 to 35 and women aged 18 to 27 to serve two years in the military, with professionals like doctors and engineers potentially serving up to five years. Those who evade service or assist others in doing so face up to five years in prison. As part of this policy, the junta planned to conscript 5,000 individuals monthly from April 2024.

Civilians as Human Shields and Forced Labor

FORUM-ASIA has condemned the junta’s forced conscription policies, highlighting the military’s history of using civilians as human shields and forcing them into hard labor.

The International Labour Organization’s Commission of Inquiry found in October 2023 that the military continues to impose forced labor amidst the ongoing armed conflict, a practice that has escalated since the 2021 coup attempt.

Local news and human rights groups have reported that the junta is also abducting and arresting citizens to use as human shields, further contributing to the human rights violations in Myanmar. Many youths, rather than being conscripted into fighting for a regime they oppose, have fled their homes to join the resistance.

United Nations Secretary-General António Guterres has expressed concern over the junta’s detention and recruitment of Myanmar youth. Meanwhile, Tom Andrews, UN Special Rapporteur on Myanmar, noted the junta’s increasing use of powerful weapons against civilians as troop losses and recruitment challenges mount.

Call for Action

FORUM-ASIA is calling on the Myanmar military junta to immediately halt its forced conscription, abductions, forced labor, and the use of civilians as human shields.

“FORUM-ASIA urges the international community, including the UN and ASEAN, to thoroughly investigate the Myanmar military junta’s long list of human rights violations. The junta should be held accountable for all its crimes through sanctions and other punitive measures,” said Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA.

“The international community must urgently isolate the junta and support the people of Myanmar in their struggle for justice and freedom,” Bacalso added.

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