Speech by SMS Zainul Abidin Rasheed on the Second Reading of the UN Personnel Bill

Mr Speaker, Sir, I beg to move, that the Bill be now read a second time.

Introduction

2 Sir, this Bill, when passed, will give effect to the Convention on the Safety of United Nations and Associated Personnel, as well as the Optional Protocol to the Convention. Drafted in response to the growing number of casualties and fatalities resulting from deliberate attacks on UN workers engaged in peacekeeping operations, the Convention aims to ensure that perpetrators of such attacks are brought to justice. In recognition of the risks that UN and associated personnel also face in non-peacekeeping missions, the Optional Protocol expands the scope of protection of the Convention to UN non-peacekeeping missions such as humanitarian relief operations, and delivery of political or development assistance in peacebuilding.

3 Although Singapore does not host any UN operations, it is our duty as a responsible member of the international community to put in place measures to protect those who carry out the important work undertaken by the UN in its various missions around the world. Singapore has deployed personnel from the Singapore Armed Forces, Singapore Police Force and Singapore Civil Defence Force to various UN missions. To date, more than 1,500 of our SAF personnel and over 475 SPF officers have participated in UN operations in countries as diverse as Namibia, Cambodia, Nepal and Timor-Leste. [Five photographs shown to depict the SAF/SPF in UN operations and Mercy Relief in humanitarian emergency projects, in collaboration with the UN.]

4 Apart from peacekeeping missions, our uniformed personnel have also participated in various UN humanitarian assistance operations. For instance, about 20 of our SCDF officers have been deployed to assist in UN Disaster Assessment and Coordination (UNDAC) missions and Asia-Pacific Humanitarian Partnership teams to provide emergency humanitarian aid in places like New Zealand following the recent earthquake in Christchurch, Indonesia, Myanmar, Papua New Guinea, Pakistan and the Philippines. SAF personnel were also deployed under the ambit of UNDAC to assist in humanitarian efforts in Pakistan in August last year after monsoon rains triggered the worst floods in more than 80 years of the country's history. They were similarly involved in humanitarian aid operations in the Philippines following Typhoon Lupit in October 2009, and in Thailand in the aftermath of the 2004 tsunami. Apart from our uniformed personnel, Singaporean civilians are also increasingly involved in humanitarian relief work abroad, which may include UN operations. It is therefore in Singapore's interest to ensure that Singaporeans, whether uniformed personnel or civilians, engaged in present and future UN operations are afforded the protection and recourse they deserve.

5 The provisions of our Penal Code by and large address our obligations under the Convention on the Safety of United Nations and Associated Personnel if such offences were to be committed in Singapore. Many of the Convention's provisions and obligations are similar to those found in the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents which Singapore become party to in 2008. Thus, the UN Personnel Bill, while covering a different group of individuals, is closely modelled on the Internationally Protected Persons Act (IPP Act) that was passed in 2008. The present UN Personnel Bill extends Singapore's jurisdiction to deal with specific crimes against UN workers outside Singapore. The Bill also provides for mutual legal assistance and extradition procedures in relation to individuals accused of offences under the Convention.

6 Sir, I will now touch on the key provisions of the Bill.

(A) Definition of UN Worker and UN Operation

7 Clause 3 of the Bill defines who is a "UN worker" in accordance with Article 1 of the Convention. Under the Convention, "UN workers" refer to individuals engaged or deployed by the UN Secretary-General as members of the military, police or civilian components of a UN operation. The Bill also covers officials and experts on mission of the UN, the IAEA and specialised agencies who are present in an official capacity in the area where a UN operation is conducted. The Bill further protects other individuals who may be assigned by the government of a State, intergovernmental organisation, or humanitarian agency under an agreement with the UN to carry out activities in support of a UN operation. Where there is a doubt as to whether a particular person is a "UN worker" at a particular point in time, the Bill provides for the Minister for Foreign Affairs to give a written certificate affirming his status. This certificate is evidence of that fact unless the contrary is proved.

8 Clause 3 of the Bill also defines a UN operation as any operation established by the competent organ of the UN, conducted under the UN's authority or control and whose purpose is the maintenance or restoration of international peace and security. It could also be an operation which has been declared by the UN as one where there is exceptional risk to the safety of participating personnel. As the Optional Protocol to the Convention extends protection to personnel in UN non-peacekeeping missions, the Bill also covers all other UN operations conducted under UN authority and control for the purpose of delivering humanitarian, political or development assistance or emergency humanitarian assistance.

(B) Extra-Territorial Jurisdiction for Offences against UN workers/Offences against Premises or Vehicles of UN workers

9 A number of provisions in the Bill provide for extra-territorial jurisdiction in relation to certain offences against UN workers. Any person who commits an act outside Singapore, which constitutes an offence under the Convention, will be deemed to have committed the offence here. This extra-territorial element in the Bill affords us the ability and flexibility to prosecute any offender found in our territory if he is not extradited.

10 In particular, Clause 4 of the Bill confers extra-territorial jurisdiction in relation to offences listed in the First Schedule (such as murder, kidnapping, grievous hurt). Clause 5 confers extra-territorial jurisdiction for offences listed in the Second Schedule which are committed against the official premises, place of residence of or any vehicle used by a UN worker. Clause 6 of the Bill makes it an offence, both within Singapore as well as outside Singapore, to threaten to commit an offence against a UN worker, his official premises, place of residence or vehicle used by him. Clause 7 confers extra-territorial jurisdiction for the abetment of, a conspiracy or an attempt to commit an offence against a UN worker.

11 These provisions help to ensure that perpetrators do not escape punishment regardless of who they are and where the offence was committed, which is a key objective of the Convention.

C) Presumption of Knowledge

12 Individuals who are charged for the offences specified in Clauses 4 to 7 of this Bill will be presumed to know that the target of his actions was a UN worker and the status of the premises or vehicle concerned. This presumption is rebuttable and only applies after the prosecution has shown that the victim or premises or vehicle had UN status. Such a provision in criminal legislation is not unprecedented. The Internationally Protected Persons Act contains a similar provision.

D) Withholding Information

13 To prevent or prosecute offences against UN workers effectively, early intervention is critical and everyone must play his part. Having prior information of plans to commit offences against a UN worker allows our Government to intervene or take action before these plans are carried out. Therefore, Clause 9 of the Bill requires any person who has information that can prevent the commission of an offence against a UN worker, or which is useful to secure the apprehension, prosecution or conviction of the offender, to come forward and provide the information to the authorities. There are safeguards for a person who provides the information in good faith, such as protection against any civil or criminal proceedings. Conversely, failure to disclose such information renders a person liable to a fine not exceeding S$50,000 or to imprisonment for a term not exceeding five years or both.

E) Extradition and Mutual Legal Assistance

14 Sir, the Convention requires States Parties either to extradite a Convention offender present in its territory or to submit him to the competent authorities for the purpose of prosecution. Under the Extradition Act, extradition to or from a declared Commonwealth country may be effected without an extradition treaty. However when an extradition request is received from a non-Commonwealth country that is party to the Convention but which does not have a bilateral extradition treaty with Singapore, Clause 11 of the Bill provides that the Minister for Law may issue a notification in the Gazette under section 4 of the Extradition Act to apply the Act. Clause 11 also allows this for cases where there is an existing bilateral extradition treaty between Singapore and a State Party to the Convention but the bilateral extradition treaty does not cover offences against UN workers. Clause 12 provides for similar powers as regards Parties to the Protocol and acts which are offences by virtue of the Protocol.

15 To facilitate mutual legal assistance between States Parties to the Convention, Clause 10 of the Bill provides that assistance under Part III of the Mutual Assistance in Criminal Matters Act may be provided by Singapore to a Convention country with respect to offences against UN workers. Under the same clause, an offence against a UN worker shall be deemed not to be an offence of a political nature. This is to prevent anyone from blocking mutual legal assistance or extradition on the grounds that the offence in question is politically motivated.

Conclusion

16 As a responsible member of the UN, Singapore's implementation of the United Nations Personnel Bill and adoption of the Optional Protocol would demonstrate our clear commitment to the protection of UN workers. It ensures that perpetrators of crimes against UN and associated personnel will not find a safe haven in Singapore.

17 Sir, I beg to move.

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