| For a summary of Singapore’s review at the second cycle please click here. |
11th UPR session
Date of review: 6 May 2011
Date of report adoption: 22 September 2011
Working Group report: A/HRC/18/11
| Summary
Recommendations made: Repeal provisions of the Penal Code criminalising consensual sexual relations between adults of the same sex. Status of recommendations: Rejected. |
I. Key issues/recommendations identified by NGOs
- Repeal all provisions which may be applied to criminalise sexual activity between consenting adults;
- Take all necessary legislative, administrative and other measures to ensure the rights to peacefully organise, associate, assemble and advocate around issues of sexual orientation and gender identity, and to obtain legal recognition for such associations and groups without discrimination on the basis of sexual orientation and gender identity.
II. Excerpts from input reports
COMPILATION OF STAKEHOLDERS’ INFORMATION
II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations
4. Right to privacy, marriage and family life
28. Joint Submission 5 (JS5) noted that Singapore maintained criminal sanctions against sexual activity between consenting adults of the same sex and recommended that Singapore repeal relevant legal provisions. PLU noted that, whilst there had been no known recent prosecution of consenting adults engaged in private sexual relations, men caught in intimate situations with each other in public places had been prosecuted under the Penal Code.
6. Freedom of religion or belief, expression, association and peaceful assembly and right to participate in public and political life
42. JS3 noted that any association of 10 or more persons needed to be registered under the Societies Act, failing which it became an unlawful assembly, membership of which was a criminal offence. The Registrar of Societies had some discretion as to whether to refuse registration. There were at least two publicly documented instances where this discretion was exercised in an arbitrary and unconstitutional manner to deny the registration of the gay rights group People Like Us.
III. References to SOGI during the Working Group review
Interactive dialogue and responses by the State under review
72. France […] was concerned about the absence of a provision guaranteeing gender equality in the Constitution. It welcomed that the provision of the Penal Code criminalizing homosexuality is no longer applied. France regretted that caning was still considered a punishment. France made recommendations.
82. On the issue of sexual orientation, Singapore affirmed that all individuals were free to pursue their lifestyles, and recognition and success were based on merit. LGBT persons did not have to hide their sexual orientation for fear of losing their jobs or for fear of prosecution. Any person unfairly dismissed had legal recourse. On the issues of whether to decriminalize certain homosexual acts, this had been debated extensively, including in parliament but the decision was taken to retain the status quo. Much of Singapore remained conservative, a fact which could not be changed by legislation alone. It was noted however that the police did not proactively enforce the provision unless other laws such as on indecent public behaviour or paedophilia were broken.
IV. Conclusions and/or recommendations
97. The recommendations below did not enjoy the support of Singapore:
97.12. Repeal legal provisions criminalising sexual activity between consenting adults of the same sex (Slovenia); Draw the consequences of the positive evolution of society with respect to homosexuality by abolishing the provisions of the Penal Code related to private relations between consenting adults (France).
V. Adoption of the Report
There were no statements made on sexual orientation or gender identity during the formal adoption of the report of the Working Group at the 18th regular session of the Human Rights Council in September 2011.
VI. Further information
UPR Documentation
National report 1 : A | C | E | F | R | S
Compilation of UN information 2 : A | C | E | F | R | S
Summary of stakeholders’ information 3 : A | C | E | F | R | S
Corrigendum 1: A | C | E | F | R | S
Questions submitted in advance : E only
Addendum 1 : E only
Addendum 2 : E only
Addendum 3 : E only
Outcome of the review
Report of the Working group : A | C | E | F | R | S
Addendum 1 : A | C | E | F | R | S
Decision of the outcome : A | C | E | F | R | S
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