MAHDEV M OHAN A SSISTANT PROFESSOR OF LAW D IRECTOR, A SIAN P EACE - BUILDING & R ULE OF L AW P ROGRAM S INGAPORE M ANAGEMENT U NIVERSITY 24 J UNE 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 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 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 18 th session of the HRC

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

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

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 18 th session of the Human Rights Council

CONCLUSIONS

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)