Singapore passes new law on racial harmony, to introduce checks on foreign interference

Singapore: A new law consolidating existing statutes to preserve racial harmony and providing safeguards against foreign interference has been passed unanimously in the Singapore Parliament.

New safeguards against foreign interference will be introduced in multi-racial Singapore where some 300 clan and business associations are to be designated as “race-based entities” subject to disclosures, such as receiving foreign donations.

The law was passed on Tuesday.

While the authorities already had powers to deal with conduct that threatened racial harmony, Home Affairs and Law Minister K. Shanmugam said the Bill brought these powers together in one place, while affirming the importance of racial harmony in the multi-ethnic city-state.

The new law empowers the authorities to issue restraining orders against individuals involved in making content that prejudices Singapore’s racial harmony, taking close reference from the existing Maintenance of Religious Harmony Act (MRHA).

It also introduces a community remedial initiative, which gives those who have committed less egregious race-related offences a chance to mend community ties in lieu of prosecution.

"We have always treated racial harmony as being fundamental in Singapore, and so this Bill has to be seen in that context,” Shanmugam said.

"Multiracialism, underpinned by racial harmony, is a foundational principle for us," local media reports had the Minister as saying in the house.

During the debate on the bill, Shanmugam sought to allay concerns that the legislative changes would curtail free speech.

Members of parliament had raised concerns that the Government’s new power to issue restraining orders could stifle legitimate discourse and sought clarity on scenarios where this power would be used.

Minister Shanmugam said the best evidence of how these powers are likely to be used is how the Government has used similar powers it has had since the MRHA was enacted in 1990.

No orders have been issued under the MRHA to date, but the legal framework means everyone understands what is not allowed in Singapore, he added.

"That gives you an indication of how the Government approaches these powers. The important thing is to have the powers, but also to be very, very careful and judicious in how you use them,” he said.

The Minister cited a previous case where a preacher made highly disparaging remarks on YouTube about Buddhism and Taoism. Officials spoke to the preacher, who agreed to withdraw his remarks.

"We didn’t need to resort to issuing an order... the fact that we had the power helped, and after that, others took reference from that (case),” Shanmugam said.

Shanmugam said the scope of unacceptable conduct regarding race relations remains substantively the same, as offences under the new law cover what is already in the Penal Code.

Referring to online comments that call for 'Palestine to be free', the Minister pointed out that these are not calls for violence here but expressions of opinion.

Responding to a question, Shanmugam said acts that did not flout existing racial harmony laws will still not be offences, but added that there are other laws governing protected places and which regulate public assemblies.

"I would suggest, therefore, a careful understanding of the (Bill’s) provisions. Otherwise, there is a serious risk that the public may be misled,” he said.

Shanmugam noted that the new law has safeguards in place beyond the minister who issues the restraining order, as such an application would have to be sent to a new Presidential Council for Racial and Religious Harmony, which will make recommendations to the president on whether to confirm, cancel or vary the order.

The Minister said he agreed entirely that Singapore must remain open, and a consistent message by government leaders here over the last 60 years is that the nation must be open and interact with the world.

Yet, it also means that groups like clan associations can potentially be vectors of influence from countries that want to influence Singapore’s politics, he added.

The authorities have engaged many race-based entities here, and they understand and accept the need for such safeguards, said Shanmugam.

“The intent is to safeguard from malicious foreign influence, not to curtail legitimate exchanges, business deals or trade promotion activities conducted by our clan or business associations,” he added.

Gerald Giam, a member of parliament from the opposition Workers’ Party had expressed concern that genuine dialogue about racial issues will be curtailed under the new Act, citing the examples of the Israeli-Palestinian conflict.

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

“Some updates will be made to align the language and defences under the Bill with the equal provision. So, the changes are that we actually provided for some additional defences, and in fact, narrowed one of the provisions.” “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 Shanmugam, responding to a question about the new Act deterring clans and business associations from interacting with foreigners and foreign entities altogether.

“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,” Channel News Asia quoted the Minister as responding to concerns raised by parliamentarians.

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 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 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.” 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.