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CEDAW pushes Singapore on Intersectional Equality
May 21st, 2024 | Employment and Labour Rights, Family and Divorce, Gender-based Violence, LGBTQ, Migration and Trafficking, Muslim Women's Rights, News, Women in Leadership
UN review shines spotlight on Muslim women’s rights, Migrant Workers’ rights, and LGBTQI in Singapore.
The United Nations Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) recently reviewed Singapore’s progress towards achieving gender equality.
Ms. Sun Xueling, Minister of State in the Ministry of Home Affairs and the Ministry of Social and Family Development, gave an excellent presentation at the UN, and Singapore was rightfully praised by the CEDAW committee for its progress in the last seven years.
While the Singapore Government’s report highlighted advancements in gender equality, the CEDAW Committee identified several areas where further action is needed.
In the Committee’s opening statement, they said: “While the general promise in Article 12.1 of the Constitution of Singapore that ‘all persons are equal before the law and entitled to equal protection of the law’, is extremely important, the lack of sex as an unjustified basis for discrimination in Article 12.2 is more than troubling.
“Leaving such a major issue to Supreme Court interpretation is problematic.”
The Committee also questioned if women’s issues were looked at through an intersectional lens in Singapore. They said that while the White Paper on Singapore Women’s Development addresses women in vulnerable situations, “it seems that vulnerability is viewed as a personal trait, such as for women who have yet to find a spouse.”
They continued: “We would argue, however, that even this alleged life circumstance is crucial if men prefer to import traditional wives from less developed countries rather than marry educated and employed Singaporean women.
“Indigenous intersectionality is a social-based, rather than a personal-based, concept. Attention should be given to women who suffer discrimination caused by the intersectionality of their gender with additional group-based discrimination.
“In particular, other groups such as LGBTQI women are not mentioned again in the law—in the constitution—so I would ask the state party to explain to the committee how they plan to systematically and comprehensively integrate an intersectional lens into the gender equality jurisprudence.”
Breaking Down Gender Stereotypes at Home and Work
The Committee urged the government to consider imposing Temporary Special Measures (i.e., quotas) to accelerate the increase in female representation in leadership positions, saying that this has worked in other countries and that it was not their experience that it resulted in tokenism.
The Committee also called on Singapore to address persistent sexist stereotypes that hinder women’s career choices, perpetuate domestic burdens, and limit equal opportunities. An expert recognised the difficulties “to change patriarchal mindsets and build healthy ideals of masculinity” and added that Singapore needs to eliminate sexist stereotypes.
The Singapore delegation, led by Ms. Sun, responded by saying that the government is putting in place a strategy to improve familial norms, with a focus on encouraging men to share domestic responsibilities, particularly through the implementation of paternity leave. Within schools, students are encouraged to challenge sexist stereotypes propagated by the media and taught to value people based on their traits and talents.
The Committee mentioned in their opening remarks that while they were happy to hear of the upcoming Workplace Fairness Legislation, “legislation that covers discrimination on grounds of sexual orientation, gender identity, and sex characteristics is in order, including in the labour force, if equality for all is to be secured.”
“Not only are these grounds not mentioned in the constitution, but to my understanding, the new law proposal related to discrimination in the labour force does not include LGBTQ+-based discrimination and, furthermore, would not cover migrant workers, which is of great concern taking into account their high number in the state party,” they added.
Concerns Over Migrant Domestic Worker Protections
In their presentation to the Committee, the NGO Humanitarian Organisation for Migration Economics (HOME) emphasised the vulnerability of migrant domestic workers (MDW), including: [1] lack of bodily autonomy, especially with regards to pregnancy, for MDWs; [2] exclusion from the Employment Act, which deprives MDWs of basic rights; and [3] lack of job mobility, making MDWs more vulnerable to exploitation.
Singapore defended its separate labour act for migrant domestic workers, citing the unique nature of their work within families. However, the Committee pointed out the limitations of the act, particularly regarding working hours, overtime pay, and leave. The absence of unionisation rights for these workers further restricts their ability to negotiate for better working conditions.
Anti-Human Trafficking Policy and Moving Forward
Questions were raised about the effectiveness of Singapore’s anti-human trafficking policy, particularly regarding the lack of prosecutions in reported cases of migrant worker exploitation. The Singapore delegation assured the Committee of thorough investigations and the availability of treatment centres for victims.
Muslim Women’s Rights and Sharia Law
The Committee expressed concern about the application of a “particularly patriarchal” interpretation of Sharia law in matters related to Muslim women’s marriage, divorce, and inheritance.
The Islamic Religious Council of Singapore (MUIS) said that while the practice of female genital cutting has been considered a religious obligation in the past, it has since updated its religious guidance to reflect the diversity of views and to better educate and empower Muslim parents, emphasising that the safety of the child remains paramount.
Singapore’s CEDAW review serves as a valuable opportunity to assess the country’s progress towards gender equality and identify areas for improvement. The forthcoming concluding observations and recommendations from the Committee (expected in June) will provide crucial guidance for Singapore as it strives to create a future where all women and girls can reach their full potential.