The myth of Singaporean
democracy
Diane Francis
National Post
Singapore represents itself as a good place to live and do business
-- a democracy with the rule of law.
In reality, Singapore is a bully. But it ensures that the rest of
the world fails to realize it by using a carefully crafted PR
strategy designed to portray the city-state as a model of good
government and economic development.
"The frustrating thing is that people continue to see Singapore as
a rules-based society. I want the international community to
realize the abuses," said secretary-general of the Singapore
Democratic Party and leader of the opposition, Dr. Chee Soon Juan,
in an exclusive telephone interview yesterday from his home in
Singapore. "Fortunately, international organizations are getting
involved, like Lawyers Rights Watch, the International Bar
Association, the Inter-national Commission of Jurists. All have
criticized Singapore."
Dr. Chee should know. His saga, which began in 1992, reads like the
Book of Job and shows that the city-state of five million people is
truly an autocracy whose ruling elite use defamation lawsuits and
other court techniques to harass democratic activists like Chee, as
well as media and corporate entities which fall out of
favour.
This Thursday, Dr. Chee will be on trial for the eighth time. He is
accused of the "crime" of holding a meeting with more than five
persons without a permit. (So much for the Singapore constitution's
guarantee of freedom of opinion, expression and assembly.)
"Every time we [have] applied for a permit we have been turned down
and the minister said that he would never grant a permit," Dr. Chee
explained.
His ordeal began after he joined the opposition party and
criticized the cronyism and secrecy of the Singaporean government.
Since then, lawsuits waged by the ruling elite have bankrupted him
personally and are about to bankrupt his political party. He has
ended up in jail because he is no longer able to pay the fines, and
he has lost his university position as a lecturer. Throughout, Dr.
Chee has been denied basic legal rights such as legal
representation and the right to cross-examine and present a
defence. Every time he criticizes such unjust treatment he is sued
for defamation, then fined huge amounts or sent to jail.
Singapore also muzzles the press. Local media is government-owned
and foreigners have been harassed when they tried to report on such
abuses. "International newspapers, the Dow Jones, The Wall Street
Journal, Fair Eastern Economic Review, Time, the Economist,
International Herald Tribune [and] Bloomberg have all been sued
and/or prosecuted for making statements about these matters," Dr.
Chee said.
Fortunately, a team of lawyers, led by Canadian law firm Amsterdam
& Peroff in Toronto, has been set up in order to help Dr. Chee
defend himself in court and to embarrass Singapore before the world
for its failure to uphold the rule of law. The team is headed by
Bob Amsterdam (who defended Mikhail Khodorkovsky and other
high-profile Russians against the oppressive Putin regime), U. K.
defamation expert Anthony Julius (who represented Lady Di) and
American law professor.
William Burke-White. "The Singaporean authorities are using the law
to repress political rivals and as punishment," Amsterdam said in a
phone interview from his headquarters in London. "It's a myth that
Singapore is a democracy, a complete myth."
The team is going to help Dr. Chee represent himself in court and
also intends to bring the injustice to the attention of the United
Nations. They also plan to register the Singapore Democratic Party
in their jurisdictions so that it may continue its work as an
exiled entity.
On Thursday, Dr. Chee will have to represent himself, however. The
Singapore court will not give standing to a foreign lawyer, and
local lawyers have been frightened away from his case. There is no
Legal Aid representation provided either. He knows he probably
faces jail again because he cannot pay any more fines.
"I survive financially by selling books. I peddle them on the
street. I was trained in academia but after I joined the opposition
in 1992 I was sacked and since then nobody will want to work with
me. They are frightened of guilt by association," he said.
He was fired by a member of parliament with the ruling party. "When
I said my sacking was politically motivated, he sued me for
defamation. I went to court, lost and the court awarded damages of
US$350,000. My wife and I sold our house, car and everything to pay
this fine," he said.
Another two defamation lawsuits resulted in US$400,000 in fines
after Dr. Chee raised questions about Singapore's secret financial
support for the corrupt Suharto regime in Indonesia.
"The significance of those cases was we didn't even go to trial. It
was a summary judgment, decided by the judge in chambers without
any right to cross-examine," he said.
"A third case in 2006 was a defamation lawsuit by former prime
minister Lee Kuan Yew and his son, the current Prime Minister, over
an article written in our party's newspaper. Fines were huge
[US$610,000] and the judgment was delivered in the judge's chambers
again."
When Dr. Chee criticized the result, the judge said this
constituted contempt of court and jailed him for 12 days.
"I've been convicted on seven occasions already and have another
nine charges outstanding. I can't afford to pay any fines so I will
have to go to prison. The only way out is to leave, but if I leave
the government wins and if the government wins the people lose.
Singapore is my home and lack of transparency and accountability
will simply result in huge problems down the road for my country
and for my children."
"I hope to see democracies like Canada, the U. S. and others in the
world pay attention to these matters before it's too late.
Ultimately, their interests are going to be affected as
well."
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The interview in full
Q. Do you have a family and are you frightened of
violence?
A. “I’ve got three kids, 9, 6 and 4 and a wonderful wife. I do not
feel in danger in that way."
Q. How do you survive financially?
A. "I sell books, peddle them on the street. I was trained in
academia but after I joined the opposition in 1992 I was sacked and
since then I haven’t been nobody will want to work with me. It's
guilt by association. I can't a lawyer to represent me for that
reason too."
Q. What international organizations are you contacting for
help?
A. "Lawyers Rights Watch, the International Bar Association,
International Commission to jurists all have criticized and that
helps because I want the international community to realize the
abuses."
Q. Is the business/financial community also at risk by such
court activities in terms of contracts and litigation?
A. “Ironically, there was a case here involving a Canadian co.
Enernorth which signed with a Singapore company. There was a
dispute over commercial matters, the matter settled in Singapore
courts. Enernorth was frustrated and appealed in Canada's courts,
saying that Singapore's courts were not impartial. But the Canadian
court was not convinced unfortunately. It's diffiult to get other
jurisdictions to look into this matter.”
"I want to alert the international business community there are
problems with the rule of law. The Singapore government lavishes
these companies. They operate tax free, can repatriate all profits
and Singapore keeps wages very low. There is suppression of
wages because there are no independent labor unions. So companies
love Singapore and wouldn’t say anything to jeopardize their
situation."
Q. If Singapore drives your party into bankruptcy is there any
opposition parties left?
A. "The only opposition party that’s called for a reform of the
system is ours. This is an offense against reforms."
Q. What is their strategy against you?
A. Keep levying fines and lawsuits that I cannot pay and put me in
jail for contempt.
Q. What about the Singapore Strait Times and local press
dissent?
A. "It's all biased. the media is owned by the government. The
person in charge of publications is the former deputy Prime
Minister himself. The internet is all we've got."
Q. How many people live in Singapore and how would you
describe their form of governance?
A. "There are about five million, one-quarter are non-Singaporeans
or guest workers. It is a dictatorship. In the last 10 years half
the workforce has not gotten an increase in real wages. There are
significant layoffs and many homeless living on beaches, on the
streets, in government housing blocks. They don’t have a voice.
There are free food lines at temples and they are getting very
long. This is contrasted with the ministers of the government which
are the highest paid politicians in the world. The Prime Minister
makes six times' more than the President of the United States. And
yet when we bring up these matters -- no transparency which breeds
corruption -- we get sued."
Q. Why should the world care?
A. "Singapore is too small to register concern but look at China
and Russia. They are emulating and admiring Singapore as a model of
an autocracy that doesn't live by the rule of law. The world's
democracies should pay attention to the situation because it is
catching on in Vietnam, Burma, Latin America, Ukraine, India.
Singapore is proposing itself as an alternative to the democratic
way of life."
Q. Are NGOs helping?
A. “Now and then. We are really hoping to at least be able to come
up with a sustained campaign whereby more information can get out
to the international community, try to get a network among the
international community. We have had some help from Canadian
teachers unions and the Canadian branch of Amnesty
International.”
Q. What happened on June 2008 at the trial involving Lee Kuan
Yew, former Prime Minister?
A. "We cross examined Lee Kwan Yew at that trial. He kept hiding
behind his counsel, the judge kept ruling all our questions
irrelevant. In the end, we were charged with contempt of court. It
got so egregious at one point that Lee brought in all his body
guards, eight of them. They barged into the courtroom, right in the
middle of the hearing when his son was on the stand. The door flung
open. Justice should be blind to the status of all litigants but
here was the leader of Singapore. He insisted that his testimony
last through lunch and for only two hours because he was busy. Then
he left and the judge was fine with that."
“We said that was unforgiveable and then were convicted of contempt
of court. The judge came up with a ruling ordering us to pay both
Lees (father and son, past and current Prime Ministers) US$610,000.
There is no way I can personally or the other executives of the
party but they named the party as a defendant so they can move
against the party and push it into bankruptcy."
Q. How many members in your party?
A. "About 40 or 50 people dare to walk with us in public."
Q. Is autocracy a cultural matter?
A. "We were very democratic when we first became independent from
the British in the 1950s, but since the first prime minister came
into power he’s usurped the constitution and clamped down on
everything for the better part of the last half a century we’ve
been this way. There is no civil society, no opposition, no
fundamental freedoms of speech, assembly or media."
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