In progress at UNHQ

WOM/1289

SINGAPORE SAYS RESERVATIONS TO WOMEN’S CONVENTION ARE BASED ON RESPECT FOR FREEDOM OF MINORITIES TO OBSERVE OWN LAWS

09/07/2001
Press Release
WOM/1289


Committee on Elimination of

Discrimination against Women

Twenty-fifth Session

514th and 515th Meetings (AM & PM)


SINGAPORE SAYS RESERVATIONS TO WOMEN’S CONVENTION ARE BASED

ON RESPECT FOR FREEDOM OF MINORITIES TO OBSERVE OWN LAWS


Experts on Committee against Discrimination Express

Concern; Call for Accelerated Reform to Meet Provisions of Treaty


For the time being, Singapore would maintain its several reservations to the women’s anti-discrimination Convention, the Committee on the Elimination of Discrimination against Women learned today as it considered, during two meetings, Singapore’s first-ever report to a United Nations treaty monitoring body.  Singapore said its position –- despite appeals to uphold the core concerns of the Convention –- was partly out of respect for the freedom of minorities to practise their personal and religious laws.


The Committee, comprising 23 experts from around the world acting in their personal capacities, monitors compliance with the 168-member Convention on the Elimination of Discrimination against Women.  Operational since 1981, the Convention requires States parties to eliminate discrimination against women in the enjoyment of all civil, political, economic and cultural rights.  An Optional Protocol of December 2000 –- ratified by 22 States parties -- entitles the Committee to consider petitions from individual women or groups of women who have exhausted national remedies.  It also entitles it to conduct inquiries into grave or systematic violations of the Convention.


[Singapore maintains reservations to Articles 2, 9, 11, 16 and 29 (2) of the Convention.  Articles 2 and 16 concern the modification or abolition of laws and customs that discriminate against women.  Article 9 concerns equal rights with respect to nationality.  Article 11 refers to the elimination of discrimination against women in the field of employment, and Article 29 (2) requires States parties to submit to arbitration any unsettled dispute concerning the interpretation of the Convention.]


The Senior Parliamentary Secretary in the Ministry of Community Development and Sports of Singapore, Yu-Foo Yee Shoon, explained her Government’s reservations to Articles 2 and 16 on modifying or abolishing discriminatory laws and customs.  To a large extent, Singapore had complied with those Articles, but certain Constitutional provisions had prevented it from withdrawing its reservations.  The constitutional protection of the freedom of minorities to practise their personal and religious laws was absolutely essential to maintaining the delicate balance in


Singapore’s multi-racial and multi-cultural society comprising four dominant cultures –- Chinese, Malay, Indian and Eurasian.


Indeed, she said, the ethnic composition of its population largely shaped the multi-faceted character of the family and social life in Singapore.  Much had changed in terms of women’s status since Singapore’s independence 36 years ago, and the Government would continue to review existing legislation to protect women and girls, and ensure their equal rights as citizens.  The country looked forward to seeing improvements in the status of women in terms of their further participation in political and community life and male-dominated professions, and a greater sharing of household responsibilities.


During the response by the experts to the introduction of reports and oral presentation, concern was repeatedly expressed about Singapore’s reservations to the Convention.  One expert, in particular, said she would have thought that Singapore’s accession to the treaty would have coincided with a decision to abandon its patriarchal structure.  Non-discrimination was at the very heart of the Convention, but she had not heard of any steps undertaken towards the implementation of non-discriminatory legislation and policy.  She said that rather than emerge as a principal policy, non-discrimination measures always landed on the “back burner” in Singapore, behind traditional practices of culture and religion, she said.


Another expert urged the Government to review its reservation to Article 16, on eliminating discrimination against women within the marriage and family.  Some changes had already been introduced, but it was necessary to accelerate reforms and review existing legislation, rather than hide behind the concept that nothing could be changed under Muslim law.


Comments of a general nature revolved around the great strides made in Singapore in a short period of time towards promoting the situation of women. Several experts noted efforts to integrate women’s issues into the country’s various policies, and commended the high educational and health standards, as well as the general standards of living there.


The Committee is to hear a response from the Singapore delegation on Friday, 13 July.


The delegation from Singapore also included from the Ministry of Community Development and Sports, Deputy Secretary Yeoh Chee Yan; Coordinating Director of the Family Development Division, Tan Hwee She; and Assistant Director of Family Policy, Pauline Mo.  Also in the delegation were Julia Sng, Head of Policy, Singapore Immigration and Registration; Tan Jing Koon, Deputy Director, Labour Relations Department, Ministry of Manpower; Danielle Yeow, Justices’ Law Clerk, Attorney-General’s Chambers; Shirley Lim, President, Singapore Council of Women’s Organizations; and Anamah Tan, First Vice President, Singapore Council of Women’s Organizations.


Tan Yee Woan, Deputy Permanent Representative of Singapore to the United Nations, and Vanessa Chan, First Secretary at the Permanent Mission, also participated.


(page 1b follows)


When the Committee meets again at 10 a.m. tomorrow (Tuesday, 10 July), it is expected to take up the initial report of Andorra on its implementation of the Convention.


Background


The Committee on the Elimination of Discrimination against Women met this morning to begin its consideration of the initial and second periodic reports of Singapore (documents CEDAW/C/SGP/1 and CEDAW/C/SGP/2), submitted in compliance with the Convention on the Elimination of all Forms of Discrimination against Women. 


At its current three-week session, the Committee is considering the reports of eight States parties on measures taken to implement the convention.


The initial report from Singapore cites that country’s reservations to Articles 2, 9, 11, 16 and 29 (2) of the Convention.  (Articles 2 and 16 concern the modification or abolition of laws and customs that discriminate against women.  Article 9 concerns equal rights with respect to nationality.  Article 11 refers to the elimination of discrimination against women in the field of employment, and Article 29 (2) requires States parties to submit to arbitration any unsettled dispute concerning the interpretation of the Convention.)


The initial report describes Singapore as a young, multi-racial and multi-cultural nation that achieved independence in August 1965.  The ethnic composition of its population, which includes Chinese, Malays, and Indians, among others, shapes the multi-faceted character of the family and social life in Singapore.  Its people are governed by two major pieces of legislation with respect to marriage and divorce.  The civil law governs the non-Muslims while the Administration of Muslim Law governs the rights and personal laws of Muslims in Singapore.


According to the report, the Government recognizes the need to address the issue of women's status and position in Singapore.  Article 12 of the Constitution enshrines the principle of equality of all persons under the law.  For example, women were given the right to vote at the same time as men in 1948.  Human rights, including women's rights, are protected within this legal framework.  Any person who is of the view that his or her legal rights have been infringed can bring the matter to the courts.  Singapore advocates an equal opportunity policy for both sexes in all sectors of the economy, based on meritocracy.  This policy is incorporated in the planning and implementation of government policies and programmes.  In 1997, the Untied Nations Development Programme (UNDP) described Singapore as one of the countries that had "'succeeded in enhancing the basic human capabilities of both women and men'".


It is the policy of the Government to recognize the role women can play in the nation's development, the report continues.  Towards that goal, several measures have been introduced to support women.  These include:  child care programmes for working mothers; legislative provisions to safeguard the interest of part-time workers; special health services for women and older women; the provision of a comprehensive range of community-based services for the elderly and the disabled that will assist women, the principle care-givers in families; and special tax incentives for married women. 


Nevertheless, the report cites areas for improvement.  The provisions of the Convention have been carefully studied in the context of its existing laws, values and practices.  The conclusion is that the country has, to a large extent, met the aims of the Convention.  Despite this, however, more will be done in the years ahead.  The steps to be taken include reinforcing the concept of shared responsibility in family life, continuing to encourage more female enrolment in male-dominated courses at the polytechnics and universities, and improving women's health and implementing new programmes, especially for older women.  The country will also periodically review existing legislation to protect the rights of women and girls.  It will also encourage more women to assume leadership positions, including in government.


The report finds that the Government is committed to the advancement of the status of women.  It will continue to work closely with non-governmental organizations, including the women's groups, to promote women's welfare and status.  Singapore women have achieved much over the years and made great inroads in many sectors despite subtle prejudices that still exist whenever traditional views about women and the role of women are held.  The most recent developments include the appointments of the first female divisional police commander (August 1999) and the first female permanent secretary in the Singapore Civil Service (October 1999).  To enable women to achieve their fullest potential will require the continued efforts of people in every position of influence, including employers, community leaders and policy makers. 


In Singapore, the report states, two types of laws govern marriage and divorce:  the civil law, or Women's Charter, and the Muslim or Syariah Law.  The Women's Charter, enacted in 1961, is a landmark piece of legislation.  It provides the legal basis for equality between husband and wife.  It lifts the barriers towards the attainment of equal partnership between them and safeguards women's rights in matters relating to marriage and upon divorce, such as matrimonial assets, maintenance and custody of children.  It also provides protection for family members from domestic violence and women and girls from sexual offences committed against them.  Among its provisions, the Charter outlaws polygamy, entitles the wife to a share of the matrimonial property, and protects the wife and children from a violent husband and father by removing him from the home. 


Second Periodic Report


This report covers the period 1997 to 1999 and in some instances to 2000.  The Singapore Council of Women's Organizations was consulted in its preparation and, where applicable, their inputs have been incorporated.


According to the report, the Government of Singapore remains committed to promoting the welfare and status of its women.  Women in Singapore have continued to make progress in important areas, such as education, health and employment.  In Singapore, women enjoy the same rights as men.  Equal opportunity, based on the principle of meritocracy, has resulted in women naturally occupying important leadership positions in various spheres, including as judges, trade union leaders, youth leaders, Ambassadors, Members of Parliament, and entrepreneurs.  More recently, women have served as Divisional Police Commander, Permanent Secretary in the Civil Service, Commander of an army unit and President of the Association of Small and Medium Enterprises.


The report finds that government ministries, namely the Ministries of Community Development and Sports, Education, Health, Manpower, have continued to review, develop, strengthen and spearhead programmes and services to enable women to take advantage of training and lifelong learning, reconcile career and family, and cope with issues related to ageing.  The Convention does not commit States parties to its dissemination, but Singapore's Inter-Ministry Committee on the Convention decided to have an open dialogue on the text with women's groups.  The session, held in March 2000, was jointly organized by the Singapore Council of Women's Organizations and the Ministry of Community Development and Sports and held in March 2000.  Its outcome is detailed in the report.


Women's groups in Singapore, the report states, have pressed for a review of the country's reservations to Convention Articles 9, 2 and 16, concerning, respectively:  equal rights with regard to nationality; legal and administrative measures undertaken to eliminate discrimination; and elimination of discrimination against women within marriage and the family.  Last year's dialogue session prompted the Government to continue to review the implications of withdrawing these reservations.  It currently deems it "necessary and important", however, to retain these reservations given its multi-racial and multi-cultural society and the current social situation in Singapore.  (The country also has reservations to Articles 11 and 29 (2), which relate respectively to eliminating discrimination in the field of employment, and the submission to arbitration of any unsettled dispute concerning the interpretation of the Convention.)


Under the heading of "reaching out to women", the report states that women participants at the various dialogue sessions agreed that, like their male counterparts, they must be prepared to meet the challenges of the new economy.  Issues of concern highlighted during these sessions often centred on family well being and how best to balance women's family and work commitments.  To meet these concerns, the public, private and civil sectors are actively engaged in efforts to promote and reinforce programmes and infrastructure support for women, including life skills programmes, lifelong learning and other classes.  Several concrete measures to help men and women achieve a more satisfying balance between work and family life have also been initiated. 


In an update to the initial report, the current text finds that the economy continues to grow despite the recent economic downturn in the region.  Of the

47 countries ranked by the International Institute for Management Development in 2000, Singapore ranked first for social cohesion and fifth for justice.  The Human Development Index of the United Nations Development Programme (UNDP) ranks each country according to its score on a composite index integrating per capita gross national product, life expectancy, literacy and educational levels.  In 1999, Singapore was ranked twenty-second out of 174 countries.  Notable trends include the issues of falling marriage and fertility rates and their implications.  The general divorce rate rose from 5.2 per thousand married residents in 1988 to

7.5 in 1998.  The participation rate of married females in the labour force continued to increase, and dual income families formed 43 per cent of households in 1999 compared to 35 per cent in 1989.


The report refers to a study in 2000 on the state of the family, which found that while the majority of Singapore women tended to be traditional in their perception of gender-specific domestic responsibilities and ideals, they were shifting their attitudes towards domestic responsibilities.  Better-educated women were increasingly likely to prefer a more egalitarian role-sharing relationship with their spouse.  A 1999 study on the family revealed that the state of the Singapore family was "generally healthy" and spousal relationships were "strong".  Nevertheless, in anticipation of the stresses that the modern family faces, the Government has been reviewing policies and programmes to strengthen and help the family and particularly, women cope with work and family commitments. 

In order to create a total environment conducive to raising a family, the Government announced several pro-family measures in August 2000, the report states.  For example, the Civil Service took the lead as a family-friendly employer by introducing several initiatives that included three days’ paid marriage leave for the first marriage and paid unrecorded leave for three days for fathers upon the births of his first three children.  The Civil Service also allows “teleworking” as an alternative working arrangement and allows ministries and departments to implement flexi-time.  Also, more and better child care centres and family life programmes are being provided and there are incentives for easier home ownership. 


In addition, the report continues, there is a new baby bonus scheme to encourage married couples to have three or more children, if they can afford it.  The scheme is a two-tiered grant by Government.  In the first tier, the Government will provide $500 and $1,000 per year for second- and third-order children respectively born from 1 April.  The second tier is an annual co-payment scheme whereby the Government will meet the parents' contribution, dollar-for-dollar, up to $1,000 for the second child and $2,000 for the third.  The flat grant and co-payment will each be for six years and will be placed in a Child Development Account for the children's educational and developmental needs.


To give further impetus to ongoing family life programmes, a Government ministry has appointed a primarily civil sector public education committee, which aims to promote family well-being, the report states.  The committee, which is due to conclude its work this month, has adopted a multi-pronged approach to address the needs of a wide spectrum of target groups, from pre-school children to undergraduates, from young parents to parents with marriageable age children, from employers to agencies providing services to families.  Further, there has been an increasing awareness of the importance of fathers' involvement in raising the young.  Fathers are beginning to appreciate their own involvement in their children's development.  A non-profit fathering centre has been working to equip fathers with parenting skills through seminars and emphasizing the importance of strong marriages in providing a nurturing environment for children. 


Introduction of Reports


The delegation of Singapore began its presentation with the showing of a short video.


YU-FOO YEE SHOON, Senior Parliamentary Secretary, Ministry of Community Development and Sports, Singapore, introduced her country’s initial and second reports.  She said the preparation process involved constructive dialogue with women’s groups, whose inputs were captured in the reports.  Those groups had also been encouraged to prepare their own commentaries and participate in the current session.  Thirty-five years after the country’s independence, and for the first time in Singapore’s history, females outnumbered males, and their life expectancy at birth was now 80 years.


Continuing, she said females also outnumbered males in the number of new graduates from local universities.  The literacy rate of Singapore women aged

15 years and over was now 89 percent compared to 96 percent for men.  Females today made up 42.4 per cent of the total workforce and nearly 60 per cent of the senior officers in the Singapore civil service.  Women in Singapore had made much progress in the last 36 years and those could expect to see continued progress.  Both the Government and society were committed to women’s advancement and to its obligations under the Convention. 


She said that certain guiding principles directed the policies and impacted the status of women in Singapore:  meritocracy and equal opportunities for all; people development; treating women as participation of the mainstream; and building social capital.  Those principles guided the planning and implementation of policies and programmes across all government ministries.  Together with good governance and rapid economic development, that had resulted in significant progress for women in Singapore.  The 2000 United Nations Human Development Index ranked the country twenty-fourth out of 174 countries, demonstrating the achievements the country had made in life expectancy, educational attainment and real income resulting in an overall improvement in the standard of living.


At the same time, vast improvements had also been made in closing the gender gap, she went on.  In most areas, the indicators for males and females had narrowed considerably.  There were some exceptions, which she would bring to the Committee’s attention, but progress had been achieved in the following main areas:  legal framework and protection; safety and security; health; education; employment and income; public life; and family.  A key thrust of the last area was to promote joint responsibility for the household among husbands and wives.  Both boys and girls must now learn home economics, which included cooking and sewing.  Since last year, a Centre for Fathering had been working with individuals, corporations and community groups to create public awareness, equip fathers with parenting skills and emphasize the importance of strong marriages in providing a nurturing environment for children.


In terms of the country’s approach to the Convention, she said Singapore recognized that issues affecting women cut across all areas and the work of all ministries.  The Inter-Ministry Committee on the Convention was set up in July 1996, to monitor Singapore’s implementation and to encourage all Ministries to constantly review policies that affected women.  The non-governmental organizations (NGOs) were valuable partners in the promotion of the status and well being of women.  Moreover, multiple channels of communication were in place for women to provide their views on policies affecting them, including their views on the Convention. 


Concerning Singapore’s reservations to the Convention, she noted that Articles 2 and 16 required States parties to take all appropriate means, including legislation, to modify or abolish existing laws, regulations, customs and practices that constituted discrimination against women.  While the country had, to a large extent, complied with that, its Constitution required respect for the freedom of minorities in the practice of their personal and religious laws.  Those constitutional provisions were “absolutely necessary” to maintain the delicate balance in Singapore’s multi-racial and multi-cultural society, which had four dominant cultures -– Chinese, Malay, Indian and Eurasian. 


Certain provisions of the Administration of Muslim Law Act might not be entirely consistent with the Convention, she added.  Hence, it was necessary to maintain the reservations to Articles 2 and 16 of the Convention in view of the need to respect the right of Muslim citizens to practice their personal and religious laws.  Also, the Constitution provided for non-discrimination in certain specific areas of public and private life on grounds of religion, race, descent or place of birth.  The purpose of that was to protect the minority groups in Singapore.  That was particularly important in a “first-past-the-post” parliamentary democracy such as Singapore, rather than in a system of proportional representation.


She said that Article 9 paragraph 2 of the Women’s Convention, to which Singapore also had a reservation, concerned granting women equal rights with men with respect to the nationality of their children.  The Constitution accorded Singapore citizenship by descent to a child born outside of Singapore if his or her father was a Singaporean by birth or registration, provided the birth was registered within one year.  A child born outside Singapore of a Singaporean mother and non-citizen father had to apply to Singapore citizenship by registration.  A key rationale for that was to allow the non-citizen father the first opportunity to register his son or daughter as a citizen of his country.  Singapore did not recognize dual citizenship, and its prevailing social values and norms considered it primarily the father’s duty to provide for the child.  Hence, at the moment, it had to maintain that reservation.


Concerning Article 11, which required States parties to take all appropriate measures to eliminate discrimination against women in the field of employment, she said that Singapore’s Employment Act excluded persons in managerial, executive and confidential positions, as well as seamen and domestic workers from its coverage.  While the exclusion of those groups was not based on gender, and was therefore not discriminatory against female workers, it might appear that the Government might not have complied fully with Article 11.  Although there was no legislation to specifically cover workers outside the scope of the Employment Act, an employee who was aggrieved by unfair employment practices could seek the help of the Ministry of Manpower or seek redress through the civil court.


She said her country had entered a reservation to Article 29, which required States parties to submit for arbitration any unsettled dispute concerning the interpretation of the Convention.  The reason for Singapore’s reservation concerned its right to its domestic policies.  Those reservations had not hindered the overall advancement of women in Singapore.  Nevertheless, Singapore would review them periodically.  On the whole, the country’s policies and laws were gender neutral.  Of course, in some areas, men and women were treated differently, such as in terms of national service, but the society was dynamic and its laws, policies and practices would be reviewed and changed in response to society’s needs.


She said the country looked forward to seeing improvements in the status of women in the following areas:  participation in political and community life and in the public service leadership; greater sharing in household responsibilities; and more female enrolment in male-dominated courses and professions.  Also, the Government would continue to review existing legislation to protect women and girls and ensure their equal rights as citizens.  Much had changed in just

36 years.  Today, younger women were even better educated than their male counterparts.  Fewer dropped out of school and more of them pursued higher degrees.  Girls were free to pursue their aspirations, and having daughters was generally as welcome as having sons.  While older women might remember the attitudes and practices of the past, gender equality was largely a non-issue for the younger ones.


Comments by Experts


Several speakers in the discussion that followed the country’s presentation commended the Government of Singapore for the preparation of the reports in compliance with the Convention on the Elimination of all Forms of Discrimination against Women, as well as their video presentation. 


They also noted that women’s issues were being incorporated in the country’s various policies and commented on the high educational and health standards in Singapore.  A high standard of living was also noted.  It was a source of great joy to find out that in a short period of time, great strides towards promoting the situation of women had been made, and more could be expected in the future, one expert said. 


Despite the country’s significant achievements, however, the Committee members expressed serious concerns regarding Singapore’s reservations to the Convention, including some of its core Articles, and urged the Government to reconsider its position in that respect.  Nothing in the Muslim law prevented respect to women’s rights, an expert said.  That religion should not stop a country from lifting several of its reservations.


Singapore’s Constitution had broad provisions on equality and did not recognize the concept of gender discrimination, several speakers observed.  For that reason, enforcement mechanisms were needed to promote gender equality.  Stressing the Constitution’s fundamental importance for asserting women’s equality, several experts insisted that Singapore should provide Constitutional guarantees of women’s equality to men.


When Singapore signed the Convention, it should have looked at its real goals to do away with the discrimination against women, a speaker said.  Despite all the cultural diversity, Singapore was basically a Chinese society, patriarchal in character.  One would have thought that signing the Convention, the country intended to overcome the traditional stereotypes.  However, Singapore’s Constitution did not even make gender a criterion for overcoming discrimination, and no non-discriminatory actions had been taken in the country’s legislation.


Gender equality was not being upheld in the country’s policy, she said.  Cultural, religious and other considerations seemed to outweigh the issue of gender equality.  What were the country’s intentions with respect to reservations which, in fact, nullified some aspects of the Convention?  The country should uphold the Convention and remove all of its reservations.


The country’s explanations regarding its reservations to Articles 2 and

16 seemed inappropriate for a country that was advanced in every way, an expert said.  The idea that respect for cultural autonomy of ethnic groups should allow a reservation to the Convention needed to be reconsidered.  One of the reasons for the reservations cited by the country involved the need to maintain the Asian tradition of men as heads of households.  That was an incorrect assumption that came from the patriarchal past, which was not appropriate under the Convention.  Also, the country’s reports themselves referred to the growing number of women as heads of households.


Several experts referred to the so-called “Asian values” as a barrier to the advancement of women.  It was pointed out that there were more than 50 countries with various religious and cultural traditions in Asia, and for that reason it was difficult to understand what exactly “Asian values” meant.  It seemed that the country accepted males as primary providers and heads of household, but that contradicted Article 1 of the Convention on the definition of discrimination against women.  As the country had said that now it placed more emphasis on advancing women, it was important to overcome the emphasis on women as mothers and persons responsible mainly for the household chores. 


Too much emphasis was placed on family in Singapore, another expert agreed.  There should be focus not only on the women’s roles as wives and mothers, but also on their needs and on changing the power balance between men and women.  It was important to aim at a genuine partnership between the genders. 


Questions were also raised regarding Article 2 of the Convention on legal and administrative measures to eliminate discrimination.  The report stated that Singapore attached great importance to the family, yet women were part of the family, and their rights needed to be promoted, an expert said.  Also, according to the country’s reports, women in Singapore enjoyed equal rights and opportunities, based on the principle of meritocracy.  While the Convention could not impose internal laws and policies, the country had an obligation to implement that international treaty, which it had ratified.  Concerned that the notion of meritocracy could be interpreted in a discriminatory manner, an expert asked if there was an internal law, on which that policy was based.


The issue of nationality was very important for every human being, and for that reason the country’s reservation to Article 9 concerning nationality and citizenship was of serious concern to the Committee.  Under the Convention, countries were also supposed to open equal opportunities to women and men in the labour market, it was said. 


An expert said the reports demonstrated a general lack of important statistics, dis-aggregated by sex, and a more thorough overview of the situation in education and employment was needed.  Definition of discrimination included both intentional discriminatory acts and factors that affected the situation of women.  Provision of more detailed statistics would allow disclosure of the real situation in that respect.


Singapore reserved the right to apply such laws and conditions governing “employment, stay and departure of those who did not have the right to stay in its territory”, another expert pointed out, and that implied some discrimination regarding immigrants.


Sometimes social policies, particularly on health and education, did pay dividends and provided a framework for the achievement of equality by women, a member of the Committee said.  However, those achievements in themselves were not adequate.  Several experts expressed concern about the mechanisms for achieving greater advances for the participation of women in all aspects of the country’s life, asking about the institutions involved in women’s issues and the Government’s relationship with women’s NGOs.


What kind of legal relief did a woman get if her rights were violated? -- an expert asked.  Was there a mechanism for monitoring legislation for discriminatory provisions?  Regarding the application of international law, it was pointed out that the Convention could not be invoked in many cases, for the country did not recognize international law as part of its national legislation.  However, did the country use the provisions of the Convention to interpret domestic law?  Ratifying an international instrument, the country should be obliged to implement a set of internationally acceptable standards.  In such a case, domestic law could not justify non-compliance with the Convention.  That was the problem with the reservations.


Concerning Article 3, on measures to ensure the full development and advancement of women and their basic human rights and fundamental freedoms on an equal basis with men, an expert said there seemed to be no single department within the Government that specifically addressed women’s issues.  The Ministry charged with women’s affairs did not specialize in that area.  She sought more information on the relationship between the inter-ministerial committee and other Ministries, as well as the actual composition and work of the committee. Specifically, how did it monitor implementation of the convention?  To whom did women bring their complaints of discrimination?


On Article 4, concerning temporary special measures, another expert said she had noticed in both the reports and the oral presentation that the Government currently did not seem to think that any temporary special measures were necessary.  She wished to question that.  It was difficult for her to really evaluate whether there was and to what extent there might be, discrimination against women in the public sector and politics, but it had seemed that something was not going right.  If there was no current direct discrimination with respect to public representation, Singapore certainly had to deal with the effects of past discrimination, which was embedded in tradition, culture, individual acts, and laws of independence, which had deterred women from considering public representation. 


She urged the Government to reconsider its attitudes on Article 4, paragraph 1 of the Convention, which had not necessarily referred only to quotas.  That was the highest and most legalistic step, but there was a whole host of instruments in between which could be applied.  Temporary special measures could also begin with training and support programmes for women who wanted to enter politics.  There was a serious need for the Government to reconsider its attitude on Article 4, paragraph 1, both with regard to public life, maybe education, and probably with regard to employment.  More concrete data was needed, but meanwhile researchers should learn where it was necessary to accelerate the de facto equality. 


Temporary special measures should not be considered as discriminatory if put in place because those were a temporary attempt to deal with historical inequalities between men and women.  Indeed, such measures should be adopted to ensure that equality continued.  Those could be taken in such fields as education, political representation, and sports -- where gross inequalities between men and women persisted.  Such measures did not necessarily overlook the criteria of merit, on which Singapore based its system.  Rather, it complemented it.  She asked whether, in the case of an equally qualified man and woman for the same position, the woman would be hired.  That would be a way of dealing with past discrimination and narrowing the gap.


Another expert asked what was preventing women from joining the highest ranks of civil service and school faculties at all levels.  It clearly was not due to a lack of education, she added. 


Another focused on the importance of women’s portrayal in the commercial media.


Questions were also raised regarding the definition of discrimination in domestic laws; Singapore’s image of gender mainstreaming; efforts to overcome the discriminatory impact of the Muslim law; incidence of polygamy; fathers’ parental responsibilities; the need to overcome gender stereotypes; and the practice of caning.


Afternoon Discussion


When the Committee resumed this afternoon, an expert noted that Article 5 of the Convention mandated the combating of negative stereotypes regarding women.  Singapore’s fast economic development needed to be accompanied by social and political development, and women needed to occupy their legitimate place as full-fledged citizens.  In particular, that was true for Muslim and Buddhist women, who constituted a large part of Singapore’s population.  She wanted to know if Muslim women were allowed to sign civil documents and if they could be judged in the civil courts.  Were they organized, and did any NGOs and administrative bodies represent their rights?  How were the differences between the Muslim law and the country’s legislation addressed?


Article 5 also provided for the responsibility of both men and women for raising children, and it was pointed out in the debate that although Singapore was making certain efforts to provide for the equality of men and women within the family, its legislation mostly catered to women as mothers and wives.  The report referred to the women’s responsibility to run the household, and that appeared to consolidate the existing stereotype that men were the breadwinners in the family. 


Agreeing that the family should be the basis of society, an expert noted that there was no reference in the report to the equality of partners within the family.  Also, courses had been organized to educate women about the dangers of abortion and sexual disease, and she wondered why they were not targeting men, who should also have been accountable for responsible sexual behaviour.


According to the report, to change the stereotypes it was important to place emphasis on “strong and healthy family”, one expert said.  There should be more emphasis on the women and children as members of the family, and the concept of the “strong and healthy family” should include all the family members. 


She also observed that according to Singapore’s presentation, the subject of home economics was taught to the boys, and technical subjects -– to the girls.  She wanted to know if those courses were obligatory and how many children chose to take them.  It was also important to examine the contents of textbooks and provide teacher training to change the stereotypical image of gender roles.  Sex education should include information not only on biology, but also on gender equality and violence against women.


Regarding sexual crimes against women, an expert said the statistics provided in the report showed both a decline in such offences and a decrease in the number of convictions in that respect.  He asked for an explanation of those figures.  Questions were also asked about the division of responsibilities within the family and Singapore’s efforts to counter the traditional patterns.


As the Committee turned to Article 6 of the Convention (on the prostitution of and trafficking in women), an expert said that many of the basic human rights of immigrant domestic workers were denied to them.  They had to work long hours, and their financial situation was exacerbated by their dependence on the agents who provided them with work for a fee.  If those women complained, they risked losing their jobs.  She wanted to know what kind of protection the country’s employment act provided for the migrant workers.  It seemed that Singapore’s reservation on Article 11 regarding elimination of discrimination against women in the field of employment did not help to protect those workers’ rights.


Singapore was a transit country for trafficking of women and children, she added.  The country’s officials often turned a blind eye to the problem in exchange for bribes.  Did the Government have an integrated programme to address those issues?


Another expert said that interesting information had been provided regarding the women’s charter and the amendments to the legal code to combat prostitution, but the report was not clear regarding the actual measures to combat trafficking in women and children. 


Other experts also asked for figures regarding the convictions of the prostitutes or those who exploited them.  Questions were also posed about the measures to prevent trafficking in women and the protection of witnesses.


Turning to Article 7 on the elimination of discrimination against women in political and public life, an expert noted that not many Singaporean women were involved in politics.  The reasons for their low participation should be carefully analyzed, as that had not matched the high level of economic development or education.  The Government had emphasized that it had not discriminated against women, and had used a system of meritocracy, yet women accounted for only

6 per cent of senior level positions, which was lower than in many other countries.  Why was that? And why were so few women elected to public office?  Why, of nine candidates to Parliament, were only two of them women?


There might be some hidden discrimination against women, she said.  Hopefully, the Government would take seriously the issue of women’s involvement in politics, as that was a very serious criterion for implementation of the Convention.  Hopefully, she would later learn of some measures and programmes adopted by the Government.  There were many talented women in Singapore.


Other experts agreed that there should be some explanation about why relatively few women had joined the public and political life of the country.  The Government representative had stated this morning that the Government was opposed to a quota system, one expert stated.  Yet other countries had achieved good results through such positive action.  Women did rise and respond to that sort of measure.  Perhaps, there was cultural resistance.  What action was the Government taking?  What positive steps were being taken to encourage political parties to support more women candidates?  Were political debates or discussions ongoing?


Concerning Article 8 on equal opportunities to serve as government representatives in the foreign service, one expert noted great improvement in ensuring that Singaporean women were represented in that regard.  Nevertheless, there were many more capable women able to carry out such tasks.  What was being done to encourage them?  Were those women and the role they were playing in the public sphere being made visible through the media?


One expert, referring to Article 9 on equal rights to acquire, change or retain nationality, said it was an important Article, as it was the only one that dealt directly with the relationship between cities and States.  Regrettably, there was no impetus towards withdrawing that reservation.  That had surprised her.  Singapore’s norms in that regard contravened those of the Convention.  Normally, the nationality of the children in Singapore was determined by the father.  That discriminated against mothers of foreign origin.  What about the citizenship of a foreign woman who married a Singaporean man?  What happened to the mother and children in the case of divorce?  How was custody determined?  If the mother wished to leave the country, what happened to the children? she asked.


Economically speaking, Singapore was much more developed than its neighbours, and many women, therefore, were attracted to moving there, she said.  In light of the movement of populations, particularly for economic reasons, how could women secure residence and work permits?  In that context, the globalized world had to be more flexible in its laws.  Also, what about asylum seekers?  On the other side, what about immigration out of Singapore?  After a certain number of years living elsewhere, did Singaporean citizens lose their citizenship?  Also, what were the rights of illegal workers in Singapore –- were those expelled upon identification?


Certain laws on nationality represented a denial of life chances, another expert said.  Had the colonial law on nationality been challenged, and if not, why not?  There were also many provisions on the shared responsibility of men and women, and the tax law represented women as heads of households.  Why, then, was the law on nationality so strict?  Singapore did not recognize dual nationality.  It was assumed, therefore, that a child born of a foreign father would have his father’s nationality.  Many countries had provided for citizenship through the mother, but a Singaporean woman had no choice in that regard.  Those issues should be considered and the law reviewed in light of the Convention’s commitments.


With reference to Article 10 of the Convention, on the elimination of discrimination in the field of education, questions were asked about exemptions to the compulsory education rules for Muslims, Christians and children receiving home schooling, and the impact of the policy with regard to national service personnel on the situation of women.  An expert also asked about provision of scholarships to female students.


Concerning Article 11, on the elimination of discrimination in the field of employment, experts asked what percentage of women worked in the informal sector, part-time and full-time.  What was the participation of women in export production?  It seemed that there were many Asian workers in that sector –- were their rights protected? 


An expert encouraged the Government to enlarge the scope of the employment act to provide for the protection of domestic workers.  She also asked for the justification of the situation when complainants were forced to be unemployed during their legal proceedings against the employer. 


As many as 30 per cent of the labour force in Singapore were foreign workers, an expert said, and many of them were discriminated against.  The prohibition of marriage and having children for immigrant workers was a violation of their rights.  As many of them preferred sterilization to eviction, she compared the situation to forced sterilization.  If in danger of losing their working permits, women workers would be very hesitant to report non-payment of wages and abuse.  Exclusion of some groups of women workers from the provisions on maternity protection in effect barred them from equal opportunities in the labour force, in violation of the Convention.


Adopting policies encouraging childbirth, had the Government of Singapore considered their implications for working women? an expert asked.  It was difficult for a woman to juggle both work and family.


Particularly pertinent to Article 11 were the statistics on the actual employment situation in Singapore, an expert said, asking for figures on employment according to sectors, levels and ages of employed women.  How many opted out of employment due to childbirth?  Questions were also asked about the victims of domestic violence, wage-setting in the public sector, wage disparities between men and women, the role of women in decision-making, and pension benefits for women.  Did part-time workers have the same benefits as full-time employees? 


Women in the country’s export promotion zones were removed from the concept of contract employment, a speaker pointed out.  Much depended on the goodwill of the employer, and the Government encouraged a positive working environment, according to the report.  Was that adequate in the context of globalization?  In the absence of support structures, women in Singapore were increasingly giving up their careers to raise families.  What consequences would such a situation have for the country’s future?


Regarding Article 12 on the measures in the field of health, it was said that the basic right for procreation was being violated by the policies on immigrant workers, and the country should address that situation.  Questions were also asked about statistics on HIV/AIDS and information about programmes to address that problem, the legal status of termination of unwanted pregnancies, and drug, tobacco and alcohol abuse.


In the discussion of the implementation of Article 13 on women’s economic and social rights, an expert asked for an explanation of the statement in the report that, except where a wife opted to be taxed separately, her income was deemed to be that of her husband.  How many had opted to be taxed separately? she asked.  Also, significant tax relief was given to married women with children for domestic help.  What about professional women who were employed full-time?  Did they get the same benefits?  Even when the husband was not working and it was the woman who provided the income, it was he who was deemed to be a taxpayer.  Such a policy gave an indication that a woman had no legal capacity.


On Article 15 (equality before the law), an expert said that the initial report referred to the council of women’s organizations, which had published a guide on family law for the women of Singapore.  She suggested that the same organization publish a similar guide on the Convention, in order to provide the women of Singapore with the information about their rights under international law.


Turning to Article 16 on the elimination of discrimination against women within marriage and the family, an expert said that States parties to the

Convention committed themselves to non-discrimination on the basis of gender, in both public and private spheres, regardless of culture or religion.  It had already been mentioned that respect for those aspects could not come at the expense of women’s human rights.  At the level of the family, she urged the Government of Singapore to revisit its reservation on Article 16 with a view to lifting it or narrowing it to a more specific statement.  Muslim personal laws were not always interpreted the same way, and she urged Singapore to use a more progressive rather than a more conservative interpretation. 


Several experts pointed out that under the country’s penal code, sexual intercourse with a wife “not under 13 years of age” was not considered rape.  Legal age of marriage in Singapore, however, was 21.  Under the Muslim law, it was 16.  For non-Muslim women, the minimal marriage age was 18, but it could be lowered with parents’ consent.  That was quite a significant range, and it was hard to understand what regulations really ruled the situation. 


Also on the issue of marriage under Islamic law, it was said that under certain legal amendments, polygamy was allowed, subject to approval of a Kady (the Judge).  An expert urged the country to review such a provision, for Kadies were usually men.  That was discrimination of the first order, for a man would not refuse his fellow man a right to marry.  If women were allowed to become Kadies, that would be the end of polygamy.


Experts also wanted to know what rules were applied to adultery.  Could a Muslim woman take advantage of the rights accorded to her under the Women’s Charter?  Could she choose to be married under civil law?  They also wondered about the divorce situation in the country.  What regulated married women’s right to travel?  Could they get their passports on their own accord?  Could they choose and practice a profession?


Singapore had every reason to review it reservation to Article 16 in the view of its achievements under the Convention, an expert said.  Some changes had already been introduced, and it was necessary to push forward the reform and review the legislation, rather than justify the reservations under the concept that nothing could be changed under the Muslim law.  The country needed to be more progressive in its approach to the Convention.


Responses from Singapore to the points made during today’s meetings will be heard by the Committee on Friday (13 July).


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For information media. Not an official record.