Today: Barred last year, back this year (May 29)

Barred last year, back this year

Barely a stir last Friday as Canadian don presented paper on Section
377 at annual legal conference:

Thursday • May 29, 2008

Loh Chee Kong

cheekong@mediacorp.com.sg

TEN months ago, at the height of the polarising debate on whether
homosexual acts should be decriminalised, controversy broke when
Canadian academic Douglas Sanders was barred from giving a public talk
on the topic here — four days before he was due to speak.

Last Friday, Professor Sanders came and went, barely creating a ripple
as he delivered a lecture at the Asian Law Institute's (ASLI) 5th
Annual Conference organised by the National University of Singapore
law faculty. And it was on the very paper that he was scheduled to
present last year.

The ASLI conference, which was held at NUS' Bukit Timah campus,
attracted more than 200 law experts and academics from 14 countries.

Responding to Today's queries, a Ministry of Home Affairs spokesman
explained that NUS, along with the other two public-funded
universities, are exempt from the Public Entertainment and Meetings
Act (Pema).

Said the spokesman: "The Pema licence for the earlier planned public
lecture by Prof Sanders was cancelled because it was clear that the
event was part of the efforts of gay activists to involve a foreigner
in promoting their political agenda in the context of the Penal Code
Review."

In contrast, the ASLI Conference is "a bona fide academic event with
many scholars and speakers ... addressing issues of legal
scholarship", the spokesman added.

:Prof Sanders had last year been also scheduled to take part in a
forum at the Institute of South-east Asian Studies. But the institute
had cancelled it after the police withdrew the licence for his talk at
IndigNation, an annual series of events organised by local gay groups.

Today understands that Prof Sanders' lecture last week on his paper,
"377 and the unnatural afterlife of British colonialism in Asia", drew
about 50 participants. It ran concurrently with other parallel sessions.

According to Prof Tan Cheng Han, the dean of the NUS law school and a
member of ASLI's Board of Governors, the institute "was aware that
Prof Sanders would be presenting a similar paper to the one that he
had wanted to present last year" at both events.

Noting that homosexuality — and Section 377A in particular — was a
topic discussed at more than one session at last year's ASLI
conference in Jakarta, NUS' Prof Tan said the law institute "generally
has an open policy towards academics who wish to present papers at its
annual conference".

Prof Sanders' 39-page paper, which is available online, described
Singapore as "the best example of a jurisdiction with the odd trinity
of criminal prohibition, social disapproval but little actual police
enforcement of the law".

It also asserts that by retaining Section 377A, Singapore politicians
"want to avoid controversial subjects" including adoption, social
recognition and support for homosexuals.

When addressing Parliament last year on why Prof Sander's talk at
IndigNation had been banned, :Associate Professor Ho Peng Kee — the
Senior Minister of State for Law and Home Affairs — had described Prof
Sanders as "an advocate for decriminalising homosexuality".

Assoc Prof Ho had also said the lecture was "contrary to public
interest", and reiterated that foreigners "will not be allowed to
interfere in our domestic political scene, whether in support of the
gay cause or against it".

Yesterday, however, the ministry spokesman said there was "no
objection to Prof Sanders the person or his right to express his views
whether on gay issues or other matters".

Today was unable to reach Prof Sanders for comments. The
:Chulalongkorn University emeritus professor is understood to be in
Russia.

Gay rights activist Alex Au, who met Prof Sanders when he was in town
from last Wednesday to Saturday, felt that the Government "overreacted
last year".

"It's in the nature of academic talks on minority interest issues,
that they do not create any risk to public order," said Mr Au.

While noting the "material difference" between a public lecture and an
academic conference, Tanjong Pagar MP Baey Yam Keng felt it was "just
coincidental" that the timing of Prof Sanders' scheduled talk last
year was "very close to the debate (on the Penal Code amendments) in
Parliament".

Still, Mr Baey added: "No one can be sure what would have been the
public reaction if it had gone ahead. But I thought it could have
actually added to the discussion last year."

ST: Lecture permit revoked after cops get info on gay agenda (Sept 19)

Lecture permit revoked after cops get info on gay agenda
by Zakir Hussain
The Straits Times, Sep 19, 2007

A permit for a lecture by a Canadian law academic last month was cancelled after the police learnt it was part of gay activists' efforts to promote their political agenda, Parliament was told yesterday.

Senior Minister of State (Home Affairs and Law) Ho Peng Kee said police also discovered from information online that Professor Douglas Sanders was an advocate for decriminalising homosexual sex.

Explaining the backdrop to the cancellation, he said police found out only after granting the permit that his talk was part of a two-week series of events 'which promoted the gay cause'.

'It became subsequently clear to police that the event was part of the efforts of gay activists to promote their political agenda which involved a foreigner,' Associate Professor Ho said.

'Our laws are an expression and reflection of the values of our society and any public discourse in Singapore on such matters should be reserved for Singaporeans.

'Foreigners will not be allowed to interfere in our domestic political scene, whether in support of the gay cause or against it.'

He was replying to questions from Mr Baey Yam Keng (Tanjong Pagar GRC) and Nominated MP Siew Kum Hong on why the permit had been cancelled.

In July, the authorities approved a public entertainment licence for an event in which Prof Sanders of the University of British Columbia was to speak on 'Sexual orientation in international law: the case of Asia'.

But the permit was cancelled four days before the Aug 7 talk because, based on additional information received, police saw the event as 'contrary to the public interest'.

Police had learnt of Prof Sanders' background and that he was 'likely to talk about our Section 377A, which is the criminalising of homosexual sex'.

'He was an advocate for decriminalising of homosexual sex, having spoken, for example, at the United Nations,' Prof Ho said.

The section - which will remain on the books despite proposed changes to the Penal Code tabled on Monday - was hotly debated here after draft changes were floated last year.

Prof Ho said the decision on Prof Sanders 'was not taken lightly; neither was it a case where police just approved without careful consideration'.

The organisers had, in fact, proceeded with the event - but without Prof Sanders - as no permit is needed for an indoor talk where no foreigners are speaking.

There has not been a similar licence cancellation for talks by foreign speakers in the past five years as police are usually able to decide on an application based on the information available to them, Prof Ho said.

In this case, they received additional information only shortly before revoking the permit, and had acted 'expeditiously'.

Prof Sanders' curriculum vitae accompanying the application, for instance, made no reference to his UN involvement, or to articles he had written on issues similar to Section 377A here.

Asked by Mr Michael Palmer (Pasir Ris-Punggol GRC) why the Government could engage foreigners to comment and advise on policy-making but civil society groups could not, Prof Ho said context was important.

There was an ongoing debate here on homosexuality - a topic which Prof Ho noted was 'divisive'.

And it was quite different to have someone like Prof Sanders, 'a known advocate for the human rights of gays and lesbians, to take a position'.

'We can hear his views on the air or read it online but it's quite different to invite him here to speak to a Singapore audience at this time.'

CNA: Foreigners will not be allowed to interfere in Singapore's domestic affairs (Sept 18)

SINGAPORE : Foreigners will not be allowed to interfere in Singapore's domestic political scene and this includes support for or against the gay cause.

The Home Affairs Ministry reiterated this in Parliament on Tuesday, when it explained why it revoked an approved licence for gay activist Professor Douglas Sanders to speak at a public lecture in Singapore on 7 August.

Nominated MP Siew Kum Hong had voiced concerns that the Police may not have fully deliberated the circumstances before they granted the licence the first time around.

Senior Minister of State for Law and Home Affairs Associate Professor Ho Peng Kee explained that even after granting licences for public entertainment, the Police would continue to monitor developments.

And if circumstances warrant it, they would cancel the public entertainment licence if necessary, for public safety or public interest reasons.

It was in this context that the approval given for Professor Sanders was subsequently revoked, when information obtained later made it clear that the talk was part of gay activists' efforts to use a foreigner to promote their political agenda.

Associate Professor Ho said, "The context is important. It's not that foreigners cannot make their comments or views known on Singapore policies. No, in fact they all do! But it's quite different if local activists, in the context of a situation in Singapore where we know that there's an ongoing debate for some time already on a topic which is divisive, a topic which has caused two sides in particular to expound different points of views, whether we want to invite a foreigner to come here to speak to a Singapore audience.

"And from what we know, Professor Sanders is a known activist for the human rights of gays and lesbians. We can his hear views or read it online. But it's quite different to invite him here to speak to a Singapore audience at this time."

The Senior Minister of State also confirmed there has not been a similar cancellation of a licence granted for talks by foreign speakers in the past five years. - CNA/ms

ST: Govt explains why gay activist speaker was turned away (Sept 16)

Govt explains why gay activist speaker was turned away
by Imelda Saad, Correspondent
The Straits Times, Sept 16, 2007

Police cancelled a permit for a lecture by Professor Emeritus Douglas Sanders in August because it got additional information that the talk was part of gay activists' efforts in Singapore to promote their agenda.

Speaking in Parliament on Tuesday, Senior Minister of State for Law and Home Affairs Ho Peng Kee said Professor Sanders was an advocate for the decriminalising of homosexual sex - a topic that was divisive and should be reserved for Singaporeans.

Assoc Prof Ho was replying to questions from the House over why the Police had revoked the Public Entertainment License (PEL) allowing Prof Sanders to speak at a public forum here.

License had been granted and was cancelled just four days before the event was to proceed.

Explaining, Assoc Prof Ho said the police assesses each application for a PEL carefully based on the information available.

After approving a license, police will continue to monitor developments.

'There may be circumstances under which police may reassess the application and cancel the PEL if neccessary, for public safety, good order or public interest', said Assoc Prof Ho.

In the case of the public lecture that was eventually held on 7th August - without Prof Sanders in attendance -Assoc Prof Ho said 'it became subsequently clear to the police that the event was part of efforts of gay activists to promote their political agenda which involved a foreigner'.

'Our laws are a reflection of the values of our society and any public discourse in Singapore on such matters should be reserved for Singaporeans. Foreigners will not be alllowed to interfere in our domestic political scene whether in support of the gay cause or against it,' he said..

MP for Pasir Ris-Punggol GRC Michael Palmer however questioned this point saying if foreigners are not allowed to interfere in local policies and politics, what about 'foreign experts engaged by the Government' to 'comment and give advice on local policies'?

To this, Assoc Prof Ho said 'the context is important'.

'It's not as if foreigners cannot make their comments or views known on Singapore policies and laws in fact they all do', he said.

But it is quite different if local activists invite foreigners to speak in Singapore on a issue that clearly divides the country. Prof Sanders is a known advocate for the human rights of gays and lesbians.

Further information made available to police also showed that Prof Sanders was invited as part of a two week stretch of events where local activists had organised other talks, exhibition and forums which promoted the gay cause.

It was also revealed that Prof Sanders was to speak at another venue where he was likely to touch on Section 377A which is the criminalising of homosexual sex.

'Police subsequently came to the knowledge that in fact he (Prof Sanders) was an advocate for the decriminalising of homosexual sex having spoken, for example at the United Nations.

'So we can hear his views on air or read it online but it's quite different to invite him here to speak to a Singapore audience at this time,' said Assoc Prof Ho.

There has been no similar cancellation of a license granted for talks by foreign speakers in the past 5 years.