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LEGAL DEVELOPMENTS IN S.E.A. (Singapore)

LEGAL DEVELOPMENTS IN S.E.A. (Singapore). mahdev Mohan Assistant professor of law Director, Asian Peace-building & Rule of Law Program Singapore Management University 24 June 2011. RULE OF LAW REPORT CARD. Adherence to ‘Rule of Law’.

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LEGAL DEVELOPMENTS IN S.E.A. (Singapore)

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  1. LEGAL DEVELOPMENTS IN S.E.A.(Singapore) mahdev Mohan Assistant professor of law Director, Asian Peace-building & Rule of Law Program Singapore Management University 24 June 2011

  2. RULE OF LAW REPORT CARD

  3. 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)

  4. UNIVERSAL PERIODIC REVIEW

  5. About UPR • Review 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 2011 • 3 hour review conducted through interactive discussion in the HRC, based on analysis of: • ‘national report’ from the State • information from civil society and other local stakeholders • information from independent experts and UN bodies • Outcome of the review to be evaluated in 2012, at the 18th session of the HRC

  6. Stakeholders Report • 18 reports submitted – consisting of local NGOs and think-tanks & international NGOs • Key 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

  7. Issues raised during the UPR • Many member states commended Singapore for its efforts in securing socio-economic rights • E.g. education, housing, high standard of living • Recommendations and questions by member states: • Further ratification of human rights instruments • Reduce restrictions on freedom of expression and assembly • Moratorium on mandatory death penalty • Establishment of national human rights institution • Accept visits by UN Special Rapporteurs and Representatives • Legal protection of migrant workers • Ensure the rights of women

  8. Adoption of National Report • Singapore accepted 52 out of 112 recommendations put forwards by member states of the UN HRC • E.g. Singapore will ratify Convention on the Rights of Persons with Disabilities by 2012 • Unable 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 Institution • Prefers a “decentralized approach” and will provide further explanation at the 18th session of the Human Rights Council

  9. CONCLUSIONS

  10. Analysis • First–rate legal processes, judiciary and institutional expertise • Leading commercial arbitration & dispute resolution centre in Asia • Need 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)

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