MAHDEV M OHAN A SSISTANT PROFESSOR OF LAW D IRECTOR, A SIAN P EACE - BUILDING & R ULE OF L AW P...
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Transcript of MAHDEV M OHAN A SSISTANT PROFESSOR OF LAW D IRECTOR, A SIAN P EACE - BUILDING & R ULE OF L AW P...
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)
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)
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
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)