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Singapore not relying solely on new law to achieve racial harmony, says Shanmugam

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SINGAPORE: A new Bill passed to maintain racial harmony in Singapore is not a panacea for all race-related issues here, said Law and Home Affairs Minister K Shanmugam on Tuesday (Feb 4).

“You cannot, by law, force people of different races to get along with one another. Nor can you prevent insensitivity, or racist slights, from happening in everyday interactions, by passing a law,” he said in parliament.

Instead, fostering harmony among different races requires government policies and frameworks that entrench themselves in society over time, said Mr Shanmugam.

On Tuesday, parliament voted unanimously to pass the Maintenance of Racial Harmony Act, after a debate lasting about five and a half hours. However, an accompanying constitutional amendment to update the president’s powers in implementing the Act, was rejected by seven Members of Parliament (MPs) from the Workers’ Party.

Under the Act, the Presidential Council for Religious Harmony will become the Presidential Council for Racial and Religious Harmony, expanding both its scope and composition.

A restraining order (RO) regime will also be introduced for those involved in communicating, producing or distributing content that prejudices the maintenance of racial harmony here.

Race-related offences from existing legislation in the Penal Code will be ported over and updated under the new Act. Alleged offenders can choose to undergo a community remedial programme, instead of being prosecuted.

There are also safeguards against foreign influence for race-based entities, with designated groups having to disclose foreign and anonymous donations, foreign affiliations, and also abide by rules on the membership of their governing bodies.

45:35 Min

The genius of Singapore has been to create one united people from those of many races, religions and languages without erasing multiplicity, said Home Affairs and Law Minister K Shanmugam in Parliament on Tuesday (Feb 4). He explained that the country’s approach towards maintaining racial harmony has been two-fold - establishing a strong legal framework that sets clear boundaries on what is not allowed, coupled with deliberate Government policies to facilitate social mixing and strengthen cohesion. This has led to understanding, acceptance and deep bonds across racial and religious lines even as race relations have regressed in many other countries, Mr Shanmugam said. He spoke during the second reading of a Bill that aims to consolidate and strengthen the Government’s powers to maintain racial harmony. Its proposals include introducing an initiative that allows offenders to mend ties with the community they attacked instead of being charged in court as well as safeguards against foreign influence through race-based entities.

PROMOTING SOCIAL COHESION​


Mr Shanmugam shared that during public consultations, one common sentiment was that “this Bill only prevents racial disharmony, but does not promote racial harmony”.

“I can understand the perspective. What people want to see is something that will positively push people to be harmonious with each other across races,” he said.

However, people cannot be forced to get along with each other through the use of law, said Mr Shanmugam.

“That has to come through government policies, through the framework, the structure of society, how we build that DNA into society over time. And that is what we have been doing,” he said.

He said that laws provide a very strong legal framework and can be enforced against people, hence reducing and deterring bad behaviour. They are usually necessary only for a small minority of people, said Mr Shanmugam.

Outside of the law, there are frameworks in society through which policies can be promoted to enhance racial harmony, he said.

“The Bill … will not be a panacea for solving all race-related challenges, but it is a powerful signal of our resolve to remain united as one people,” he said.

IMPACT ON RACE-RELATED DISCUSSIONS​


Addressing MPs’ concerns on the Act’s potential impact on stifling race-related discussions and a possible disproportionate use of the restraining orders by the authorities, Mr Shanmugam cited the example of the Maintenance of Religious Harmony Act, on which the new Act was modelled upon.

“We have had similar powers for over 30 years, and the powers have never been used. That gives you an indication of how the government approaches these powers,” he said.

“The important thing is to have the powers, but also to be very, very careful and judicious in how you use them.”

He added that there are safeguards in place governing the use of the restraining orders.

For instance, it can only be used by the Minister for Home Affairs, who has to be publicly accountable, including in parliament.

After an RO is issued, the individual can make representations to the presidential council, which can then recommend to the president how to proceed with it, such as whether to confirm or cancel it.

The president also has to follow Cabinet’s advice, and if Cabinet and the presidential council disagrees, then the president has the discretion on what to do, explained Mr Shanmugam.

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“So that's an additional safeguard,” he said. “If the president does not confirm the RO within 30 days of receiving the council's recommendation, the RO will cease to have effect.”

Mr Gerald Giam (WP-Aljunied) had expressed concern that genuine dialogue about racial issues will be curtailed under the new Act, citing the examples of the Israeli-Palestinian conflict and the Comprehensive Economic Cooperation Agreement (CECA) issue domestically.

“The scope of unacceptable conduct regarding race relations will remain substantively same as today. There is, in fact, no change in the law,” said Mr Shanmugam.

“Some updates will be made to align the language and defenses under the Bill with the equal provision. So the changes are that we actually provided for some additional defenses, and in fact, narrowed one of the provisions.”

COUNTERING FOREIGN INFLUENCE​


MPs also questioned if measures under the new Act to counter external influence, could end up deterring clans and business associations from interacting with foreigners and foreign entities altogether.

“We agree entirely that Singapore must remain open. We must be able to reach out to the world. In fact, we have to for our success,” said Mr Shanmugam.

“Economically, we'll be finished if we don't interact. Socially, we are such a small place, we need to get ideas from outside, and then we need to adapt the ideas that work for us to our own situations.”

The main issue, he noted, is that those groups could potentially be “vectors of influence from countries that want to influence our politics”. Evidence from around the world gives Singapore some reasons to be concerned about this, said Mr Shanmugam.

He likened the safeguards under the new Act to the Foreign Interference (Countermeasures) Act, which subjects MPs and Cabinet ministers to similar measures, to prevent them from being used in the same way by foreign actors.

“Nothing in the Bill is meant to suggest that foreign influence is in itself undesirable, and designation under this Bill as a race-based entity does not imply any wrongdoing,” said Mr Shanmugam.

“It simply means that the entities or the entity has engaged in activities that relate to race, which sometimes is its raison d'etre.”

01:40:44 Min

In Parliament on Tuesday (Feb 4), Home Affairs Minister K Shanmugam responded to clarifications sought by Members on the Maintenance of Racial Harmony Bill and Constitution of the Republic of Singapore (Amendment) Bill. The bills were passed in the House.


Mr Shanmugam emphasised that such clans and associations are important for Singapore. They play a constructive role in building social bonds and preserving traditions and cultures, while strengthening business networks too, he said.

“But at the same time, the nature of their activities makes them more susceptible to foreign influence. And if that foreign influence is malicious, then it can damage us. So we need to take some precautions,” he said.

SUPPORTING VICTIMS OF RACISM​


Mr Zhulkarnain Abdul Rahim (PAP-Chua Chu Kang) highlighted the need to address discrimination in the form of casual racism, while Mr Louis Ng (PAP-Nee Soon) asked about the measures in place to address the root causes of racist conduct and supporting victims of racism.

“If anyone thinks that the law alone can achieve racial harmony, I think that person needs to have their head examined. That’s just not possible,” said Mr Shanmugam.

“It is intended to achieve racial harmony, but not solely. This is a key facet. It provides a framework, but then you need a whole lot of other things.”

He highlighted efforts by the People’s Association, which he called “a key nation-building agency”, through their many weekend activities in the community.

“It makes people come together every weekend, and as a result, you interact with each other, you go for each other's events, you celebrate the festivals, week in, week out, throughout the year,” he said.

“That's a secret sauce, one of the secret sauces that makes Singapore successful.”

Other efforts include policies to better integrate students in schools and residents in housing estates, he said, such as the Character and Citizenship Education lessons in schools.

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