against Women

Concluding observations on the fourth periodic reportof Singapore

Addendum

* The present document is being issued without formal editing.

Information provided by Singapore in follow-up to the concluding observations *

[Date received: 26 December 2013]

Response by Singapore to select recommendations of the Committee on the Elimination of Discrimination against Women following the examination of the fourth periodic report of Singapore on 22 July 2011

Introduction

1.On 22 July 2011, the Committee on the Elimination of Discrimination against Women considered the fourth periodic report of Singapore (CEDAW/C/SGP/4). In its concluding observations (CEDAW/C/SGP/CO/4/Rev.1, para. 42), the Committee requested Singapore to provide, within two years, written information on the steps taken to implement the recommendations contained in paragraphs 14 and 32.

2.Paragraph 14 of the concluding observations reads as follows:

“The Committee calls upon the State party to fully incorporate parts of articles 2 and 16 that are now applicable in the State party and urges the State party to consider withdrawing remaining reservations to articles 2 and 16, and article 11, paragraph 1, which are contrary to the object and purpose of the Convention, within a concrete time frame.”

3.Paragraph 32 of the concluding observations reads as follows:

“The Committee encourages the State party to:

(a)Review and amend the existing labour legislation so that it applies to foreign domestic workers, or adopt new legislation ensuring that foreign domestic workers are entitled to adequate wages, decent working conditions, including a day off, benefits and access to complaint and redress mechanisms;

(b)Review and repeal the law requiring a work-permit holder, including foreign domestic workers, to be deported on grounds of pregnancy or the diagnosis of sexually transmitted diseases such as HIV/AIDS;

(c)Provide work permits to foreign wives with a social visit pass and review its system of granting citizenship to foreign wives within a clear and reasonable time frame after marriage;

(d)Ratify ILO Convention No. 111, concerning Discrimination in Respect of Employment and Occupation, and sign and ratify ILO Convention No. 189, concerning Decent Work for Domestic Workers.”

Response to the Recommendation in Paragraph 14 of the Committee’s Concluding Observations — Reservation against Articles 2 and 16

4.The Singapore Government has given serious and careful consideration to the Committee’s recommendations. The specific paragraphs of articles 2 and 16 that remain subject to a reservation are: article 2, paragraphs (a) to (f), article 16, paragraphs 1(a), 1(c), 1(h), and article 16, paragraph 2. A working group comprising representatives from Majlis Ugama Islam Singapura (Islamic Religious Council of Singapore or MUIS), the Syariah Court, and the Registry of Muslim Marriages (ROMM) has considered the matter, taking into account the religious and cultural practices of the local Malay/Muslim community. Following several rounds of consultations with women’s groups, and after a thorough study of the impact of the reservations on Muslim women, we have decided that at this time, it remains necessary to maintain a reservation against specific paragraphs of articles 2 and 16 to protect the rights of minorities in the practice of their personal and religious law. This is necessary to maintain the delicate balance of Singapore’s multi-cultural society.

5.The reservation against article 2, paragraphs (a) to (f) allows for the operation of Muslim religious and personal law in Singapore. The operation of this law is authorised by our Constitution and detailed in specific Acts of Parliament, such as the Administration of Muslim Law Act (AMLA), which are administered by various agencies including MUIS and ROMM.

6.We would like to explain certain aspects of sharia family law in Singapore in connection with article 16, paragraphs 1(a), 1(c), and 1(h), and article 16, paragraph 2, in particular, how the practice of sharia family law in Singapore ensures the protection of women and girls.

Article 16, paragraph 1(a) [“The same right to enter into marriage”]

Administrative regulation of polygamy

7.Although AMLA provides for polygamy, in practice the number of polygamous marriages in Singapore is negligible and constitutes only 0.3% of the total number of Muslim marriages registered in the last six years in Singapore. All applications for polygamous marriages are rigorously reviewed by ROMM. Only applicants deemed able to meet the stringent requirements and controls, including whether the husband will be able to support more than one wife and treat both wives with equity and whether there are reasonable grounds for polygamy, are allowed to take a second wife. The first wife may voice her objections to the second marriage to ROMM. If the application is approved and the first wife is dissatisfied with ROMM’s decision, she may lodge an appeal with the MUIS Appeal Board. Subsequent to the second marriage, the first wife may file for divorce on the ground of her husband’s inequitable treatment resulting from the polygamous marriage.

Wali

8.Although AMLA requires a woman to have a wali for her marriage, the marriage may be solemnised by a Kadi if the Kadi considers that the grounds on which the wali refuses to consent to the marriage are unsatisfactory. ROMM ensures that the right of the woman to be heard is incorporated into its administrative procedures for making decisions relating to the wali requirement.

Article 16, paragraph 1(c) [“The same rights and responsibilities during marriage and at its dissolution”]

9.AMLA provides for the respective rights and responsibilities of men and women during marriage and at its dissolution. With regard to divorce laws, men may seek divorce by the pronouncement of talak (to dissolve the marriage by articulating a word denoting divorce). Women may seek divorce by means of taklik (divorce effected upon fulfilment of specific conditions), fasakh (judicial dissolution) and khuluk (redemption). The grounds on which women may seek divorce arewide-ranging and some are exclusive to women such as failure to perform marital obligations (including meeting emotional and physical needs) and domestic violence (both physical and verbal).

10.While AMLA stipulates an iddah (waiting period before a re-marriage is allowed to take place) for a divorced woman only, the Syariah Court will not issue either party with the Divorce Certificate that is needed to register a new marriage until the iddah has lapsed. Both men and women are therefore effectively subject to the same waiting period. Further, men are required to maintain their wives during the iddah and provide a mut’ah (consolatory gift) upon divorce.

Article 16, paragraph 1(h) [“The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment, and disposition of property”]

11.The MUIS Fatwa Committee has been actively reviewing previous fatwas (religious rulings) to address the issue of men being apportioned a greater share of the inheritance than women under faraidh (Muslim inheritance law). As reported in Singapore’s written response to the Committee’s list of issues and questions in May 2011 (CEDAW/C/SGP/Q/4/Add.1, para. 20), the MUIS Fatwa Committee issued new fatwas on joint tenancy and Central Provident Fund (CPF) nominations in 2008 and 2009 respectively to protect the financial welfare of Muslim women and their dependants under faraidh and to align sharia family law with civil law.

12.In another milestone, the fatwa on revocable insurance nomination was updated in February 2012 to allow Muslim policy holders to nominate their spouse or dependants to receive the full payout from the insurance company as a valid inter vivos gift. Previously, the fatwa provided that the nominee was only a trustee and would have to return the insurance monies to the estate to be distributed according to faraidh. This new fatwa enables Muslims to secure the rights of their spouses and dependants through properly planned nominations according to civil law and in line with the objectives and spirit of sharia family law.

13.MUIS has supported and been involved in three conferences organised by the Muslim Financial Planning Association, with the latest held on 30 August 2012 entitled “Financial Planning for Muslims — Current Issues in Insurance and Trusts”. These conferences addressed concerns on perceived inequities concerning Muslim family law and highlighted Islamic wealth planning instruments that, inter alia, further protect and benefit Muslim women.

Article 16, paragraph 2 [Nullity of betrothal or marriage of a child]

14.AMLA was amended in 2008 to raise the minimum age of marriage for Muslims from 16 to 18 years for both genders, in alignment with civil law. AMLA allows for the marriage of a girl below 18 years of age only in special circumstances and only with the Kadi’s permission. In practice, such marriages are the exception and the number of such marriages has dropped by more than 70% in the last ten years. The Government, in partnership with Malay Muslim organisations, has been active in conducting public education to highlight the adverse implications of marrying at such a young age, given the many demands of married life in ourfast-paced urban society. Marriage preparation programmes are mandatory for couples where at least one party is below 18 years of age. With continued public education, we are confident that further progress can be made on this issue.

15.MUIS has continued its efforts to address the needs of women, e.g. through consultations and collaborations with women’s groups, and to increase interest in and widen the discussion on gender issues in Islam through its programmes:

a.MUIS held the inaugural Female Mosque Activists Convention (Seminar Muslimah Masjid) on 25 September 2011. Attended by some 500 female activists from local mosques, the Convention paid tribute to the activists for their contributions and identified their strategic roles in the mosque sector for the next five years. The Convention highlighted the growing number of women — a 76% increase over the last ten years — appointed to the Mosque Management Boards. More women are also holding key appointments on such Boards, e.g. Secretary and Treasurer, and key staff positions in the mosques, e.g. Mosque Managers and Education Managers;

b.MUIS has designed a module on gender and CEDAW for the Advanced Asatizah Executive Development Programme for high-potential asatizah (religious teachers). The module exposes them to emerging gender issues and encourages them to reflect on the application and practice of sharia family law vis-à-vis the Islamic paradigm on gender and women’s rights. Following the introduction of this gender module in October 2010, MUIS has conducted three runs, with the latest in January 2013. The module included a closed-door dialogue session between the asatizah and representatives from a local women’s organisation, Association of Women for Action and Research (AWARE). The dialogues allowed the asatizah to better appreciate AWARE’s concerns on some aspects of sharia family law;

c.MUIS organised workshop on 13 April 2012 on “Gender Equality and Muslim Family Laws: Challenges and Opportunities”, and on 13 July 2012 on “Rethinking Islamic Reform Framework: References and Meaning”. The aim of these workshops was to encourage reform-minded thinking among religious leaders, including on gender relations, based on Islamic points of reference.

16.The Singapore Government is committed to an ongoing review process and will continue to conduct comparative studies on the developments of sharia family law in other Muslim countries, in order to develop and enhance the relevant policies administered by our respective agencies. We will continue to raise awareness of gender issues among the Muslim community in Singapore and to ensure that our religious practices remain progressive.

Response to the Recommendation in Paragraph 14 of the Committee’s Concluding Observations — Reservation against Articles 11, paragraph 1

17.We have carefully reviewed the reservation against article 11, paragraph 1. The Singapore Government considers that it remains necessary and important to retain this reservation to safeguard the welfare of women and their unborn children from certain hazardous occupations. This is also necessary in view of Singapore’s small population and low total fertility rate. We assure the Committee that, as with our other reservations, the Singapore Government will continue to keep this under active review.

Response to the Recommendation in Paragraph 32 (a) of the Committee’s Concluding Observations — Foreign Domestic Workers

18.The Singapore Government takes the protection and well-being of foreign domestic workers (FDWs) seriously and has a comprehensive set of legislative, administrative and educational measures to protect FDWs. Our foreign manpower management framework operates on three key principles: First, FDWs’ basic rights and well-being are protected by laws which are effectively enforced. Second, FDWs and their employers are made aware of their employment rights and responsibilities and have the freedom to negotiate a fair and enforceable contract of employment. Third, there should be open and known avenues for FDWs to approach the authorities for assistance should their rights be infringed.

Legislative and administrative measures

19.Singapore regularly reviews its laws and policies concerning FDWs to ensure that they stay relevant. All FDWs are protected under the Penal Code and the Employment of Foreign Manpower Act (EFMA). In recognition of the vulnerability of FDWs, the Penal Code was amended in 1998 to increase the penalties imposed on employers or household members who abuse FDWs by one-and-a-half times the amount of punishment to which he or she would otherwise have been liable for that offence. Employers convicted of abuse against FDWs and permanently barred from employing another FDW. The number of substantiated cases of FDWs abuses handled by the police has fallen from 157 cases in 1997 to 65 in 2012, with 36 employers, spouses or household members jailed between 2001 and 2012. This is despite an increase in the FDW population by 28% since 2005.

20.The EFMA imposes legally-binding work pass conditions which require all employers to take responsibility for the well-being of their FDWs, such as personal safety, proper accommodation, adequate food and rest, prompt salary payment and provision of medical treatment. The EFMA was recently amended with effect from 9 November 2012 to impose harsher penalties for employers who are found in breach of work pass conditions. They can now be punished with a fine of up to S$10,000 (USD$7,875) and/or a jail term of up to one year [previous maximum was a fine of S$5,000 (USD$3,938) and/or a jail term of up to 6 months].

21.In August 2012, the Ministry of Manpower (MOM) imposed more stringent safety requirements to ensure the safety of FDWs working in Singapore’s highly urbanised environment. Employers are now prohibited from allowing their FDWs to clean window exteriors above ground level, unless (i) the employer or his/her adult representative is physically present to supervise the FDW; and (ii) window grilles are installed and locked during the cleaning process. For added deterrence, the penalty for employers who fail to provide FDWs with a safe working environment has been doubled to S$10,000 (USD$7,875) fine and/or 12 months’ jail under the reviewed EFMA with the possibility of being permanently barred from hiring an FDW. Between 2007 and 2012, 17 employers were found to have endangered the lives of their FDWs. Ten of them were prosecuted and fined, and permanently barred from hiring FDWs, while the rest had their offences compounded.

22.With effect from 1 January 2013, MOM requires employers to provide their FDWs with a weekly rest day or compensation in-lieu. If there is mutual written agreement between the employer and FDW for the FDW to work on her rest day, the FDW must be compensated with either a replacement rest day or monetary compensation pegged at the worker’s daily wage.

23.Employers who default on salary payments face a maximum fine of S$10,000 (USD$7,875) and/or jail sentence of up to 1 year. From 2007 to 2012, 52 employers were convicted, fined and barred from hiring FDWs for various lengths of time depending on the severity of the offences for failing to pay FDWs’ wages promptly.

24.Where investigations into an FDW’s claim(s) of mistreatment, salary non‑payment or other offences are ongoing, every effort will be made to ensure that the affected FDW is provided accommodation and food. FDWs are allowed to seek employment during this period.

Educational measures

25.Singapore relies heavily on educational measures to encourage better working relations between FDWs and their employers:

a.In mid-2012, MOM introduced a new Settling-In Programme to help first-time FDWs adapt to and cope better with living and working in local households. The Programme incorporates the Safety Awareness Course, which educates FDWs on basic domestic high-rise safety, as well as other components on their rights and responsibilities under the work pass conditions, and on fostering better working relationships with their employers. It is conducted in English and the FDWs’ native languages to maximise understanding and knowledge retention.

b.It is compulsory for all first-time employers, and employers who change FDWs more than four times within a year to attend the Employer Orientation Programme (EOP), which covers good employment practices and employers’ obligations towards their FDWs.

c.MOM issues publications and guide books to FDWs (in their native languages) and employers to educate them on their rights and responsibilities, social norms and building a good relationship, to positively shape employers’ behaviour towards their FDWs and encourage better understanding between both parties.

d.MOM maintains a dedicated helpline for distressed FDWs. FDWs are given the helpline number, along with pre-paid mailers addressed to MOM, and other important contact numbers such as those of their embassies, voluntary welfare organisations, and the Police during the Settling-In Programme.

e.MOM conducts interviews with randomly selected first-time FDWs during their initial months of employment. These interviews allow MOM to determine if the new FDWs have adjusted to Singapore’s work environment as well as provide an opportunity to reiterate to the FDWs the importance of safe working conditions and their rights and responsibilities.

Regulation of employment agencies (EAs)

26.The Singapore Government regulates the practices of EAs that serve as intermediaries between employers and all types of workers, including FDWs. The EA legislative framework is set out in the Employment Agencies Act (EA Act), EA Rules and administrative conditions such as EA Licence Conditions. The EA Act was recently amended to raise the professionalism of the industry and address recruitment malpractices. A new regulatory framework was implemented on 1 April 2011, following extensive consultation with all stakeholder groups including foreign workers (such as FDWs), employers, embassies and NGOs. Some of the key changes included capping the fees payable by employees, including FDWs, to no more than one month’s salary per year of the employment contract, subject to a maximum of two months’ salary. In addition, MOM introduced a 50% fee refund for employees whose employment is prematurely terminated within six months of commencement. To increase deterrence against potential malpractices and better protect the interests of workers and employers, the penalty for operating an unlicensed EA has been increased substantially to a maximum fine of S$80,000 (USD$62,995) and/or 2 years’ imprisonment for first-time offenders. The penalty for repeat offenders is double that for first-time offenders. These are substantially heavier penalties than the previous maximum penalties of S$5,000 (USD$3,938) for first-time offenders, and S$10,000 (USD$7,875) and/or 6 months’ imprisonment for subsequent offenders. The security deposit amount has also been increased from S$20,000 (USD$15,750) to up to S$60,000 (USD$47,251).

27.Overall, Singapore has a strong regulatory framework to protect FDWs and provide them with good terms of employment, which makes Singapore an attractive destination for FDWs. In interviews with more than 900 FDWs conducted by MOM in 2010, the majority of respondents said that they were satisfied with working in Singapore; 70% indicated that they intended to continue working in the country, and almost 90% were aware of their employment rights and obligations.

Response to the Recommendation in Paragraph 32 (b) of the Committee’s Concluding Observations — Pregnancy tests and diagnosis of sexually transmitted diseases

Pregnancy tests

28.Singapore is a small country with limited land. We manage our population growth carefully to ensure that it is sustainable. It is with these considerations in mind that mandatory pregnancy testing is instituted. Pregnancy testing is also for the benefit of female workers as it provides them with information on their pregnancy status and their suitability for their respective type of work.

Diagnosis of sexually transmitted diseases such as HIV/AIDS

29.Being a city state which is highly densely populated, Singapore cannot afford to leave the spread of infectious diseases to chance. Although Singapore’s HIV epidemic is classified as low-level, the number of HIV notifications among residents has been rising. The possible adverse effect that imported cases will have on the existing low rate of transmission is a public health concern. Therefore, laws facilitating the identification and repatriation of foreign workers who are diagnosed with HIV/AIDS are necessary to protect the population, including other migrant workers.

30.The Singapore Government has put in place various initiatives and campaigns to educate the public about sexually-transmitted diseases such as HIV/AIDS. The Health Promotion Board, working with and through its partners, has delivered sexual and reproductive health (SRH) messages, including on the transmission and prevention of sexually-transmitted diseases, at peer education workshops, and social and outreach events.

31.A local non-governmental organisation (NGO), Humanitarian Organization for Migration Economics (HOME), with technical and financial support from the Health Promotion Board, has implemented an extensive female migrant worker outreach programme which places a strong emphasis on sexual health. It addresses the basics of HIV prevention by encouraging female migrant workers to abstain, remain faithful or use condoms consistently and correctly, and test regularly. Since the programme started in 2009, it has benefited more than 250,000 female migrant workers. In 2012, the programme reached out to an estimated 100,000 female migrant workers through workshops, radio shows, a health line run by HOME and distribution of collateral on SRH. In addition, they are encouraged to listen to radio programmes/ talk shows which focus on SRH issues broadcasted from radio stations in Indonesia and the Philippines. Post-event survey data showed that 93% of these women were aware of one out of three ways to prevent HIV infection.

Response to the Recommendations in Paragraph 32 (c) of the Committee’s Concluding Observations — Foreign Wives

32.The Singapore Government is cognisant of the needs of foreign spouses and their families and the need for them to build stable families, who would be better able to contribute to Singapore. Our policies for granting long-term immigration facilities to foreign spouses are intended to support this. Foreign spouses of Singapore citizens are typically granted a Long Term Visit Pass (LTVP) in the first instance. The Immigration and Checkpoints Authority (ICA) will then require some time to assess that the marriage is stable before it considers the foreign spouses for permanent residency and subsequently, for Singapore citizenship. In assessing applications for permanent residency and citizenship, the ICA adopts a comprehensive set of criteria which includes factors such as the length of the marriage, duration of stay in Singapore, whether they have Singaporean children, and whether their sponsor is able to support the family financially. These criteria are gender neutral, and are applicable to both foreign wives and foreign husbands of Singaporean citizens.

33.In April 2012, the Government introduced a new LTVP Plus scheme (LTVP+) to provide greater support to Singaporean families with foreign spouses who are not yet Permanent Residents nor citizens. Foreign spouses with at least one Singaporean child from their marriage will be eligible to apply for LTVP+. For those without a Singaporean child, the ICA will look at other factors such as the duration of the marriage, and will generally consider more favourably those who have been married for at least three years. LTVP+ is meant to provide more certainty and a higher level of social and work benefits for spouses who might otherwise have remained on an LTVP as they have not yet met the requirements for permanent residency. LTVP+ holders are eligible for medical subsidies at a level similar to that provided for Permanent Residents. The Government fully appreciates that the ability to work will allow foreign spouses greater financial independence and allow them to contribute to the family’s income, stability and ability to contribute to society. LTVP+ holders only require a Letter of Consent from MOM to work here. Employers can easily obtain the Letter of Consent by making an online application through the MOM website. LTVP+ holders also receive employment/job sourcing assistance and training advisory services from the Singapore Workforce Development Agency.

34.In addition, there is a range of programmes and services available to foreign spouses. These include programmes run by Government agencies and community organisations that support and strengthen the marriage, as well as educate them on social services they can tap on if in need.

35.As their marriages and family situations stabilise, and they become increasingly integrated, more will qualify to become permanent residents, and eventually naturalise as citizens. The Singapore Government will continue to look at how we can better assist and support foreign spouses and their families as they seek to integrate into our society.

Response to the Recommendations in Paragraph 32 (d) of the Committee’s Concluding Observations — ILO Convention No. 111 (concerning Discrimination in Respect of Employment and Occupation) and No. 189 (concerning Decent Work for Domestic Workers)

36.Singapore takes its treaty obligations very seriously. We will only sign on to a treaty when we are sure that we can comply fully with all the obligations. Our focus is on the full and effective implementation of treaty commitments. At the same time, we continually study and actively review our laws and policies to see if we can ratify more international labour treaties.

ILO Convention No. 111 (concerning Discrimi nation in Respect of Employment and Occupation)

37.Singapore remains of the view that enacting anti-discrimination legislation would introduce labour market rigidities that might erode Singapore’s economic competitiveness while not necessarily eliminating discrimination. Instead, leveraging on Singapore’s unique tripartite framework, the Tripartite Alliance for Fair Employment Practices (TAFEP) works in partnership with employers, unions and the government to create awareness and facilitate the adoption of fair, responsible and merit-based employment practices which encompassnon-discrimination on the basis of age, race, gender, religion, family status or disability. There is a set of Tripartite Guidelines on Fair Employment Practices which all employers are expected to follow. TAFEP also provides tools and resources, including training workshops, advisory services and educational materials to help organisations implement fair employment practices. We will continue to review Singapore’s approach to dealing with employment discrimination and the prospect of ratifying ILO Convention No. 111.

ILO Convention No. 189 (concerning Decent Work for Domestic Workers)

38.Singapore is committed to protecting the rights and well-being of FDWs. While we have not ratified Convention ILO No. 189, we support the principles behind ILO Convention No. 189. To this end, we have been reviewing our legislation regularly to ensure the well-being of FDWs and to protect their employment rights (as can be seen at paragraphs 18 to 27 above). Singapore will continue to carefully review the relevant policies and legislation, with a view to raising the minimum employment standards of FDWs.