I do not really care how homosexuals live their lifestyles and I
do not condone it, but I feel that the discrimination Singaporeans
who choose to live an alternative lifestyle face in Singapore is
unfair and degrading. If you feel the same way and/or wish to see a
change in the seemingly homphobic laws in singapore, please take
some time to sign the repeal.
Section 377A of the Penal Code (Singapore)
http://en.wikipedia.org/wiki/Sections_377_and_377A_of_the_Penal_Code_%28Singapore%29
Repeal s377A - Open Letter to The Prime Minister of
Singapore
http://www.repeal377a.com/letter/sign/
The Prime Minister
Mr. Lee Hsien Loong
Prime Minister's Office
Orchard Road
Istana
Singapore 238823
Subject: Abolition OF Section 377A, Penal Code
Dear Prime Minister,
As a citizen of Singapore, I write to appeal to your sense of
fairness and equality, to take the lead to move Parliament and your
party on issues related to s377A, Penal Code. I strongly believe
that it should be repealed, not just for the benefit of the gay
community, but also for the good of all Singaporeans. I also firmly
believe that the time to repeal s377A, Penal Code is now, not
later.
The reasons why this repeal is so important are manifold.
1. Singapores Founding Principles.
2. Constitutional and Legal Rights.
3. International Social Mores and Trends.
4. Domestic Social Mores and Trends.
5. Damage to the Gay Community.
6. Pragmatism, Leadership and the Future.
1. Singapores Founding Principles
Singapore was founded on the basis of justice and equality. This is
reflected in our pledge. From the start, Singapore as a nation has
staunchly upheld multiculturalism, with diverse groups living
together in harmony by respecting each other's differences. This
has been the cornerstone of our countrys success. Since then,
these principles have been further strengthened. For example:
- In 1966, a Constitutional Commission was formed to study how the
rights of minorities can be safeguarded.
- The implementation of the GRC in our electoral system ensures
that racial minorities are adequately represented.
- The Womens Charter was amended to safeguard womens
rights.
Legislating that certain sexual acts are legal for heterosexuals
but illegal for gay men is tantamount to our country taking an
active step (for the first time) to discriminate against a minority
group. That goes against everything we, as Singaporeans, have been
taught to believe in and hold dear.
2. Constitutional and Legal Rights
Section 377A contravenes Singapores Constitution which grants
equal rights to treatment and protection for everyone. This law is
unequivocally discriminatory. We believe a gay man should have
exactly the same rights as a straight man or woman.
We understand that there are elements of our society that do not
see being gay in a positive light. They are entitled to their
opinion. But their opinion should not infringe upon the rights of
this or any group of Singaporeans. This holds true even if
those who disapprove of gay people outnumber those who support
them. In fact, it is the responsibility of any democratically
elected government to protect minorities from the tyranny of the
majority.
Section 377A violates an individuals's right to privacy. Especially
since what we are talking about is a choice between consenting
adults and hurts no one.
Furthermore, the government's self-avowed compromise of having
s377A on the books but not enforcing it will bring Singapores
justice system into disrepute. The Council of the Law Society
states in its report to the Ministry Of Home Affairs dated March
30, 2007, that the law as it stands cannot be justified. The
Council goes further to argue that the proper function of criminal
law is to protect others from harm by punishing harmful conduct.
Private consensual homosexual conduct between adults does not cause
harm recognisable by the criminal law. Thus, regardless of one's
personal view of the morality or otherwise of such conduct, it
should not be made a criminal offence.
Singapore has always taken pride in being a country where the rule
of law is transparent, fair and clear cut. This reputation has
served us well and contributed in no small way to our countrys
success and should not be eroded by this aberration.
3. International Trends
The courts of many major countries have held the equivalent of
s377A to be discriminatory, an invasion of privacy and
unconstitutional. This is not only in Europe and America. It
includes the UN Human Rights Committee, S, Africa and most recently
Hong Kong. The legislatures in UK, Hong Kong, Taiwan, Japan, South
Korea, the Philippines, Cambodia, Vietnam, Indonesia and even China
have also passed laws decriminalising such acts.
Singapore will be woefully out-of-step with the rest of the world
should it move to retain this Victorian legislation only weeks
after Newsweek magazines cover story proclaimed that the battle
for gay rights is gaining ground across the globe and hailed the
repeal of laws similar to s377A across the globe as a global
civil-rights revolution.
4. Domestic Trends
The attitude of Singaporeans have become much more accepting of
alternative sexuality. Between 2000 and 2005, the level of
acceptance has changed from 10% to more than 30%. The latest figure
is taken from Mark Cenite and B. Detenber's article in the
International Journal of Public Opinion Research. Furthermore, the
Straits Times online census in July 2007 indicated a tolerance
level of 55%.
Admittedly, different public polls can often illustrate contrasting
views and the sum of all these statistics makes it difficult to get
a clear view of popular sentiment. However we believe that the law
of our land does not exist to be popular, but to be fair and just
for all people. This is a belief we know is shared by many.
5. Damage to the Gay Community
If the current amendment bill succeeds, the resulting law will
become a bitter symbol to many gay Singaporean men, young and old.
It will hinder greater understanding and integration of these
people, who are often responsible, invaluable and highly respected
contributing members of society. The only thing that makes these
people different from the majority of Singaporeans is that they are
biologically-pre-disposed to love differently. It will be a slap in
the face to their significant contributions and encourage many more
to leave our shores for more open-minded societies. Singapores
most valuable resource is its citizens. We cannot afford to lose
them.
S377A will also affect the status and moral citizenship of gay men
in society. The government has openly welcomed gays and lesbians
into the civil service. But this law will only discourage
equal-treatment for gay employees everywhere and diminish the moral
standing these men and have rightfully earned. We fear it will be a
seed for further acts of discrimination.
Criminalising gay sex also impedes effective safer-sex messages
being disseminated effectively to gay men and other men at risk of
contracting HIV. There are numerous studies which have concluded
that HIV prevention programs in environments where gay sex is
criminalised are resoundingly ineffective. The fight against
HIV/AIDS is an important issue which affects all Singaporeans.
There should be no impediment to getting this life saving
information out.
Branding gays as outlaws will be destructive to the self-worth of
those individuals and could lead to an increased incidence of
self-harm. Thought should also be given to gay youth who struggle
deeply with this issue. This law would only add more trauma to what
is already a very difficult period in their lives.
6. Pragmatism, Leadership and the Future
You and our government have always shown a willingness to make
tough pragmatic decisions for the best interests of our country.
Decisions made with conviction, despite opposition from various
interest groups, religious organisations and minorities.
In a recent address at NUS, you talked about this issue and said
that we will not reach consensus however much we discuss it. The
views are passionately held on both sides. The more you discuss it,
the angrier they become. The subject will not go away. Having
admitted that we are at an impasse, it seems only logical that the
way to move forward is for the government to take a lead with the
same conviction and leadership it has always shown.
We keep hearing that Singapore society is too conservative for
this law to be repealed. This is not a strong enough reason to deny
a group of Singaporeans equal rights. Far more conservative
countries have done away with laws like these and are none the
worse for it. We are a modern, democratic and secular state. While
there will always be a place for conservative mores, we also need
to protect and nurture space for tolerance and open-mindedness to
flourish.
You have often said that your goal is to create a tolerant and
progressive society for all Singaporeans. We urge you to now
demonstrate your commitment to achieve this goal. Repealing this
biased law will be a symbolic milestone to signal to fellow
Singaporeans and the world that this is the vision of Singapore
that we all share.
Yours faithfully,