MAHDEV MOHANASSISTANT PROFESSOR OF LAW

DIRECTOR, ASIAN PEACE-BUILDING & RULE OF LAW PROGRAMSINGAPORE MANAGEMENT UNIVERSITY

24 JUNE 2011

LEGAL DEVELOPMENTS IN S.E.A.

(Singapore)

RULE OF LAW REPORT CARD

Adherence to ‘Rule of Law’‘Of course good governance relies upon the rule of law. Political authority must be exercised subject to and in accordance with the law’.

Ambassador-at large- Ambassador Ong Keng Yong (May 2011)

UNIVERSAL PERIODIC REVIEW

About UPRReview of all 192 UN Member States’ human rights

record by the Human Rights Council every four years

Singapore’s underwent its first UPR in May 20113 hour review conducted through interactive

discussion in the HRC, based on analysis of:‘national report’ from the Stateinformation from civil society and other local

stakeholdersinformation from independent experts and UN bodies

Outcome of the review to be evaluated in 2012, at the 18th session of the HRC

Stakeholders Report18 reports submitted – consisting of local

NGOs and think-tanks & international NGOsKey concerns include:

Freedom of expression, association and peaceful assembly and right to participate in public and political life

Administration of justice and the rule of law

Mandatory death penalty Rights of migrant workers

Issues raised during the UPRMany member states commended Singapore for

its efforts in securing socio-economic rightsE.g. education, housing, high standard of living

Recommendations and questions by member states:Further ratification of human rights instrumentsReduce restrictions on freedom of expression and

assemblyMoratorium on mandatory death penaltyEstablishment of national human rights institutionAccept visits by UN Special Rapporteurs and

RepresentativesLegal protection of migrant workersEnsure the rights of women

Adoption of National ReportSingapore accepted 52 out of 112

recommendations put forwards by member states of the UN HRCE.g. Singapore will ratify Convention on the Rights of

Persons with Disabilities by 2012Unable to accept recommendations concerning

“crime and security issues”Singapore perceives it to be “different domestic

policy approaches” and not a “disagreement on international human rights law”

Noted recommendations for a National Human Rights InstitutionPrefers a “decentralized approach” and will provide

further explanation at the 18th session of the Human Rights Council

CONCLUSIONS

AnalysisFirst–rate legal processes, judiciary

and institutional expertiseLeading commercial arbitration &

dispute resolution centre in AsiaNeed for increased awareness,

reception, study and engagement of constitutional and human rights law and practice

SMU-KAS ASEAN Rule of Law Database (tentative launch in Dec 2011)