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UPR Statement by Sayoni at UPR Pre-Session
Written by sayoni   
Wednesday, 16 December 2015 12:30

Sayoni's Jean (right) with We Believe in Second Chances at the UPR Pre-session.

 

STATEMENT by SAYONI
On behalf of the LGBTQ communities in Singapore
UPR Pre-Session, Geneva, 16th December 2015


Dear representatives of the Permanent Missions,

1- Presentation of the Organisation

This statement is delivered on behalf of SAYONI, a queer women’s group which works to organise and advocate for the human rights of all LGBTQ persons based in Singapore. Sayoni submitted two UPR reports to this session. First, together with a coalition of 10 civil society groups named the ‘Alliance of Like-minded Civil Society Organisations in Singapore (ALMOS) as a civil society stakeholder to highlight the intersectional discrimination of LGBTQ individuals in the civil and political space. Second, with a coalition of international LGBTQ organisations and national groups to point out the systematic discrimination faced by LGBTQ persons in Singapore


2-
National consultations for the drafting of the national report

There were one grassroots open consultation held in January 2015 by Sayoni and about 30 individuals and groups attended. There were two national consultations held by the Ministry of Foreign Affairs which approximately 20 NGOs attended. A third subsequent dialogue session was arranged with the Ministry of Foreign Affairs by the civil society coalition I am part of, ALMOS.


3-
Plan of the Statement

The statement will address:

I. Criminalisation of consensual sex between men under Section 377A of the Penal Code in Singapore

II. The right to freedom of expression - Media censorship, disallowing neutral or positive portrayal of LGBTQ persons

III. The right to freedom of association - To allow legal registration of LGBTIQ organisations with the authorities as a Society or Non-Profit Organisation

IV. The right to family life for LGBTQ persons

V. Rights of Transgender people

VI. Workplace discrimination


4-
Statement

I. Section 377A of the Penal Code

A. Follow-up to the first review

In the first cycle of the UPR, France raised the question of the abolishment of the provisions of the Penal Code related to private relations between consenting adults, which was noted by the state of Singapore. Similarly, the issues related to sexual orientation were raised by the UK, and in advance by Canada, Ireland and The Netherlands.


B.
New developments since the last review

In reply, the state has consistently stated that there is no discrimination towards LGBTQ persons in Singapore and Section 377A has not been proactively enforced. We think that the state is being misleading and ignoring the cascading and intersectional effects of 377A.

Section 377A of the Singapore Penal Code criminalises "acts of gross indecency" between men, including sodomy, and imposes a term of up to 2 years' imprisonment. The section applies specifically to men, and may be applied regardless of whether those acts are committed in public or private spaces. The continuing criminalisation of sexual activity between men, together with the legislative and administrative framework of discrimination against LGBT persons, constitutes violations by Singapore of a number of rights under international human rights law, including the right to privacy and the right to equality and non-discrimination.

In October 2014, the Singaporean Court of Appeal ruled to uphold the constitutionality of Section 377A of the Penal Code. The Office of the High Commissioner for Human Rights, international non-governmental organisations and Singaporean LGBT groups have expressed dissatisfaction at the Court's decision. Despite government claims that 377A will not be enforced, gay men continue to live under the threat of harassment and enforcement of this section. It also influences public policy formulation that discriminates against the entire LGBT community.


C.
Recommendations

Repeal legal provisions criminalising sexual activity between consenting adults of the same sex

 

II. Right to Freedom of Expression - Media Censorship

A. Follow-up to the first review

There was no recommendation made in the first cycle on this issue.


B.
Developments since the first review

The Media Development Authority Act, the Films Act and the Broadcasting Act empower the Media Development Authority (MDA) to ban, classify and, through licensing, restrict the content of various media. The MDA effectuates these powers through conditions attached to licences that it issues, and through published "guidelines" which include prohibitions and restrictions on material with LGBT characters and themes. E.g. film and free-to-air television classification guidelines say: "Films should not promote or justify a homosexual lifestyle. However, non-exploitative and non-explicit depictions of sexual activity between two persons of the same gender may be considered for R21" (R21 means viewings restricted to adults of 21 years and above).

In practice, these guidelines are treated as binding rather than advisory and are interpreted in risk-averse ways, with films and television programmes containing LGBT themes and characters censored or restricted even when no sex is involved, either by the MDA itself or by producers required to abide by the MDA's licence conditions.

Depictions of LGBT characters in a normal or positive light, or any speech that advocates for their dignity and rights are routinely cut out or barred. The result of this stereotypical, negative and skewed depiction is a perpetuation of prejudice and stigma to the public of the LGBT community. Such censorship policy also means that LGBT persons are deprived of positive role models in the media, reinforcing low self-esteem and rendering them accepting of discrimination and rights abuses.


C.
Recommendations

We therefore urge that the continued practice of state-sponsored censorship in the media to be raised during the upcoming UPR, and that the following recommendations are made. To:

· Remove all censorship policies/guidelines that allow for the discriminatory treatment of LGBT-related material and viewpoints

· Ratify ICCPR, in which Article 19 protects the right to the freedom of expression.


III.
The right to freedom of association. To allow legal registration of LGBTIQ organisations

A. Follow-up to the first review

There was no recommendation made in the first cycle on this issue.


B.
New developments since the last review

The Societies Act gives discretionary power to the Registrar of Societies to approve or disapprove a society (defined as any group with ten or more persons), with appeals against his decision directed to the minister in charge. The Societies Act does not require the Registrar or the minister to give reasons for whatever decision they make. Section 14 of this Act defines any unregistered society as an "unlawful society" whose leaders and members are liable to criminal prosecution.

LGBT groups were denied registration by the Registrar of Societies and given reasons like "contrary to the national interest" as response. No elaboration was given on how LGBT interests could be contrary to the national interest. In recent years, LGBT organizations have also not been allowed to register as non-profit organisations and given the same reason. Thus, LGBT groups operate under the threat of arrest and prosecution. Even without such clampdowns, the lack of legal status means an inability to self-actualise, organise or raise funds in any organised way, and denial of access to mainstream media as well as other public or private services wary of giving legitimacy to unregistered groups.


C.
Recommendations

· Allow registration of LGBT-related groups under the Societies Act or as non-profit organisations.

· Ratify ICCPR, in which Article 22 protects the right to freedom of association.


IV.
The right to family life - Section 12(1) of the Women's Charter that defines marriage as between a man and a woman

A. Follow-up to the first review

There was no recommendation made in the first cycle on this issue.


B.
New developments since the last review

Neither the law nor the state recognises same-sex relationships. Even marriages contracted in other jurisdictions between same-sex partners are specifically not recognised in Singapore. Under Section 12(1) of the Women's Charter which defines marriage as between a man and a woman, this has been a major cause of discrimination and lack of protection as experienced by same-sex couples and those in transnational same-sex marriages in Singapore. In particular, legally married transnational same-sex couples have not been able to stay in the same country as their legal spouse.

Consequently, many benefits and rights enjoyed by married opposite-sex couples are denied to same-sex couples. These include employee benefits that extend to spouses, medical visitation and next-of-kin rights, rights to purchase subsidised public housing from the state and tax breaks for married couples.

Children born in same-sex families do not enjoy the same rights, benefits or tax breaks as other children since the legal standard is applied to them as a single parent. These children do not enjoy the same legal rights and hence have no way to be legally cared for and maintained by the non-legal parent, the right to have guaranteed continuity in the event of separation of the same-sex couple or the death of the legal parent, or even to acquire kinship with the non-legal parent.


C.
Recommendations

· Amend Section 12(1) of the Women's Charter and permit registration of same-sex marriages.

· Enact general legislation on recognition and protection of rights and duties of same-sex partners.

· Enact general legislation on recognition and protection of rights of children from same-sex households.

 

V. Rights of Transgender people

A. Follow-up to the first review

There was no recommendation made in the first cycle on this issue.


B.
New developments since the last review

The National Registration Act requires each citizen to be issued with an identity card and to have recorded such details as the Commissioner of National Registration requires. This includes one's sex and race.

The administrative practice is that a transgender person has their sex at birth recorded on the identity card even when the person clearly identifies with and presents themselves as someone of the opposite gender. The “sex” entry on the identity card, and by extension the passport, is not changed unless the individual can prove that he or she has undergone the full scope of sex-reassignment surgery.

For the majority of transgender people, this is neither affordable, practicable, nor wanted. The result is a life lived in contradiction, between their documented sex and lived gender. The state issued identity card thus becomes an instrument by the state and others to inflict social humiliation. Furthermore, while transgender people have been identified as a key affected population by UNAIDS and the WHO, statistics on HIV/AIDS in Singapore are not disaggregated for transgender people. This results in policies and services not being sensitised to the particular needs and behaviours of transgender men and women.


C.
Recommendations

· Issue Identity Cards that correctly identify the chosen sex for the transgender person without proof of surgery through an effective and fast administrative procedure.

· Focus on more targeted public health interventions for transgender men and transgender women by first identifying and disaggregating the national HIV data for this specific group.

 

VI. Workplace discrimination

A. Follow-up to the first review

There was no recommendation made in the first cycle on this issue.


B. New developments since the last review

  • Workers face significant widespread employment discrimination on the bases of sex, gender, race, ethnicity, religion, age, sexual orientation, gender identity, marital status and disability. With limited exceptions, there is no legal duty for employers not to discriminate and workers facing discrimination have no legal right to redress.
  • The Tripartite Alliance for Fair Employment Practices (TAFEP) and the Ministry of Manpower may receive complaints from workers, but TAFEP has no enforcement powers and the Ministry acts on a purely discretionary basis.


C. Recommendations

  • Enact legislation
    • (i) to prohibit employers from discriminating on the basis of sex, gender, race, ethnicity, religion, age, sexual orientation, gender identity, marital status or disability;
    • (ii) to form a specialised employment tribunal to adjudicate complaints arising under this legislation; and
    • (iii) to prescribe that contraventions of this duty of non-discrimination carry civil liability for compensatory damages.

 

Supported by:



Last Updated on Wednesday, 16 December 2015 22:16
 
Job Opportunity: Sayoni Program Executive
Written by sayoni   
Tuesday, 10 November 2015 12:03

 

hiring

 

Founded in 2007, Sayoni is a community of queer women, including lesbian, bisexual and transgender women, who organize and advocate for equality in well-being and dignity regardless of sexual orientation, gender identity and expression. We are looking for a full- or part-time staff member to drive our programs and start new ones. Fresh graduates are welcome – we promise you will learn a lot on the job!


Responsibilities

The Program Executive helps to conceptualize, manage and execute programs for Sayoni, including the following duties:

  • Run programs and organize events in line with strategic plan
  • Support advocacy for Sayoni's programs and other related issues at the local and international levels
  • Engage with relevant state- and non-state stakeholders
  • Assist in drafting materials (e.g. for human rights reports)
  • Coordinate internal and external meetings
  • Create presentations to market programs and proposals
  • Provide support for relevant programs as required

Description

  • Work part-time for 3–4 days a week OR full-time from home
  • Pay package will be commensurate with your experience and qualifications

Qualifications

  • Singaporean or PR
  • Identifies as queer and feminist, and shares Sayoni’s values
  • Interest in/knowledge of SOGIE (LGBTIQ) rights/human rights mechanisms preferred
  • Interest in social sciences and humanities research a plus
  • Excellent interpersonal and event management skills
  • Able to communicate fluently in English
  • Willing to travel overseas
  • Motivated and able to work independently
  • Tertiary qualifications preferred

 

How to apply

Interested? Email admin@sayoni.com with your resume/CV and a cover letter about your skills and background by 29 February 2016.

If you have the right skills, passion and politics, we want to hear from you. Please mention ‘Program Executive’ in the subject line.

Last Updated on Monday, 18 January 2016 22:31
 
Sayoni at 2015 ILGA-Asia Conference
Written by sayoni   
Sunday, 08 November 2015 00:11

sayoni at ilga-asia conference


Several Sayoni volunteers attended the 2015 ILGA-Asia regional conference held in Taipei, Taiwan, from 28-30 October this year. Besides learning from other Asian activists at the formal sessions, we also took the opportunity to share strategies and ideas in informal settings. This year's conference coincided with Taipei's 2015 Pride Parade, the largest pride march in the region.

It was the first time that this lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) conference was held in Taiwan. Co-organised by the Taiwan Tongzhi Hotline Association, the conference saw 300 activists from 30 countries, including Bangladesh, Nepal, Pakistan, China, Malaysia and Singapore. Over a period of three days, activists held talks and workshops about the work they were doing within their organisations and regionally.

We heard about experiences from other countries that gave us much to reflect on. The host city, Taipei, was itself an interesting case. Even as its same-sex partnership bill has stalled in Parliament, Taiwanese activists Jennifer Lu and Victoria Hsu are standing for political office in Taipei; Lu also got married to her partner recently. And they are hardly the only out LGBTQ candidates in the city, which has a burgeoning civil society space. On our end, Sayoni's Jean Chong presented some of her thesis findings at a session with other Asian activists, explaining how Singapore, leaning on Asian exceptionalism, has exerted political control over the private lives of its citizens.




One of the key ideas that emerged from the conference was the concept of intersectionality, an idea that the ASEAN SOGIE Caucus, which Sayoni is a part of, actively incorporates in its positions. The Caucus is a network of diverse human rights activists in Southeast Asia that aims for the inclusion of SOGIE (sexual orientation, gender identity and expression) in human rights mechanisms in the Association of Southeast Asian Nations. As Ryan Silverio, Regional Coordinator of the ASEAN SOGIE Caucus, said, “Applying intersectionality in our activism requires us to go beyond single-issue politics. We recognize that our experience of discrimination and marginalization is not just because of our sexual orientation, gender identity and gender expression.”

Despite the success of the conference, there were also gaps in the formal sessions, particularly when it came to women's issues. A petition that was eventually signed by most of the participants pointed out "the lack of space and diversity, including gender, age and other status on panel and plenary sessions". One of its recommendations was a quota system for sessions at the next conference to "ensure issues faced by diverse women are meaningfully addressed". (See the full statement here.)


 

Last Updated on Monday, 09 November 2015 01:10
 
Silent Protest at EEAS Human Rights Seminar
Written by sayoni   
Thursday, 04 December 2014 14:29

And this is what happened at the actual event, a day after the civil society statement. Thio Li-Ann, law professor and anti-gay rights crusader, was there to speak on the topic of international human rights law.

 

 

Activists stood in front of the stage with their placards and taped-up mouths, while two others positioned themselves with a rainbow flag in Thio's line of sight. Notably, they kept their silence, and their protest carried on alongside Thio's speech.

Last Updated on Monday, 13 April 2015 09:40
 
Statement of Concern on EEAS' Human Rights Day Seminar
Thursday, 04 December 2014 03:06


Thio Li-ann


Sayoni and nearly a hundred
civil society individuals and organisations issued this statement, dated 3 December 2014, in response to the EU Delegation to Singapore's invitation to Thio Li Ann to speak at a seminar commemorating Human Rights Day in Singapore.

The Straits Times: Civil society members protest law professor's invitation to speak at human rights seminar

The Online Citizen: Statement of concern on Thio Li-Ann as speaker at EU human rights seminar

---


We, the undersigned, write to express our disappointment at the choice of Prof Thio Li Ann as a speaker for the Human Rights Day seminar hosted by the EEAS European Union Delegation to Singapore.


It is a matter of public record that Prof Thio: -

1. believes the LGBT community is not entitled to the protections of human rights with respect to issues of sexuality, even between consenting homosexual adults.

Last Updated on Thursday, 04 December 2014 15:33
 
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