SINGAPORE: Singapore’s Ministry of Home Affairs (MHA) tabled the Maintenance of Racial Harmony Bill and the Constitution of the Republic of Singapore (Amendment) Bill for their First Reading in Parliament on 7 January.
The proposed legislation purports to consolidate and enhance the Government’s powers to address racial issues and preserve harmony in the multiracial city-state.
In 2021, then-Prime Minister Lee Hsien Loong announced during the National Day Rally that the Government would introduce specific legislation on racial harmony.
This move reflects Singapore’s commitment to treating racial harmony with the same seriousness as religious harmony, which has had a dedicated law, the Maintenance of Religious Harmony Act (MRHA), since 1990.
The Bill builds upon existing measures, such as the MRHA and certain sections of the Penal Code, while introducing enhancements.
The Bill’s key features include the introduction of Restraining Orders (ROs) to address actions and content prejudicial to racial harmony, the implementation of community-based remedial programmes for racial offences, and the establishment of safeguards against foreign influence.
Formation of the Presidential Council for Racial and Religious Harmony
The Bill proposes the creation of the Presidential Council for Racial and Religious Harmony (PCRRH), which will replace the existing Presidential Council for Religious Harmony.
This new body will have an expanded scope to address race-related matters in addition to religious harmony.
The PCRRH will review and make recommendations to the President on Restraining Orders issued under the Bill or the MRHA.
It will also report to the Minister of Home Affairs or Parliament on issues affecting racial and religious harmony referred to it by either authority.
The Council will comprise a chairperson and 10 to 20 members appointed by the President based on the advice of the Presidential Council for Minority Rights (PCMR).
Members will represent all major racial and religious communities in Singapore and include individuals recognised for their contributions to public service or community relations.
Restraining Orders for Prejudicial Content
The Bill gives the Minister for Home Affairs the authority to issue Restraining Orders against individuals or organisations involved in the dissemination of content that threatens racial harmony.
Restraining Orders may require individuals to remove offensive content, stop addressing specific audiences, or cease involvement with certain publications.
They take immediate effect to prevent offensive content from going viral and causing irreparable harm to social cohesion.
Non-compliance with a Restraining Order is a punishable offence, with penalties aligned with those under the MRHA.
These orders are presented as a measure to prevent harmful material from being spread or accessed by the public, though their scope and potential impact on freedom of expression remain contentious.
Updated Race-Related Offences and Penalties
To strengthen the Government’s ability to uphold racial harmony, race-related offences from the Penal Code (PC) will be incorporated into the Bill and updated accordingly.
These offences include actions that incite enmity, hatred, ill-will, or hostility towards a racial group, insult, vilify, denigrate, threaten, or abuse an individual based on their race, and incite violence either on the basis of race or against a racial group.
The scope of offences under the Bill largely mirrors the current provisions in the Penal Code.
However, some updates will be made to align the language, penalties, and defences with those outlined in the Maintenance of Religious Harmony Act (MRHA).
For example, similar to the MRHA, the provisions under the Bill will apply even if the offence occurs overseas, as long as it is directed at a person or group in Singapore.
Community Remedial Initiative for Racial Offences
To repair community ties damaged by racial incidents, the Bill introduces the Community Remedial Initiative for Racial Offences (CRI-Race).
This programme allows offenders to participate in initiatives aimed at promoting understanding and making amends for their actions.
Completing such a programme may reduce the likelihood of prosecution.
However, for serious offences, criminal charges will still be pursued to send a clear signal that such behaviour will not be tolerated.
The CRI-Race is intended to address minor incidents that harm community ties but do not warrant full prosecution.
Safeguards Against Foreign Influence
The Bill also includes measures to prevent foreign actors from exploiting race-based organisations to undermine Singapore’s racial harmony.
These safeguards require race-based entities to disclose foreign donations, affiliations, and leadership compositions.
Additionally, they impose restrictions to ensure that governing bodies are primarily composed of Singapore Citizens.
Race-based organisations designated as potential vectors of foreign influence will be subject to these safeguards. Such entities can appeal their designation or request exemptions from specific obligations.
The Minister for Home Affairs may also issue foreign influence Restraining Orders to prohibit specific actions, such as accepting foreign donations or forming affiliations with foreign principals.
Concerns Raised
While the Bill has allegedly received support through public consultations, some activists have raised concerns that it could restrict discussions on sensitive racial topics, such as pro-Palestine or anti-war sentiments.
These concerns are heightened ahead of the upcoming general election, particularly given instances in other countries, such as the UK, where former Labour chief Jeremy Corbyn campaigned in the 2024 elections, focusing on the Gaza issue and garnering significant public support, reflecting discontent with governments that failed to condemn Israel’s actions in Gaza while maintaining ties with the state.
The apprehension is especially pronounced in Singapore, where activists have already faced investigations over their activities and social media speech on similar issues.
The proposed legislation will be debated in Parliament during next month’s sitting.
