LESBIAN, BISEXUAL AND TRANSGENDER WOMEN LIVING IN ‘WEIRD LEGAL FRAMEWORK’ IN SINGAPORE

CEDAW Committee probes government on how legislation protects queer women

In 2010, gay man Tan Eng Hong was arrested for having oral sex with a consenting adult man in a locked toilet cubicle at a mall in Singapore after staff at a nearby restaurant reportedly called the police. Tan— then 47—was handcuffed; his bags were searched, and he was taken into custody.65,66

Tan’s arrest in 2010 led him to file a petition in court to repeal the British-era, anti-gay and discriminatory law Section 377A of the Singapore Penal Code, which prohibits sexual relations between consenting men in public and in private. While this colonial law is only applicable to men, it perpetuates and condones discrimination against the whole LGBTQ+ community and queer people, including queer women.

Queer women in Singapore face further discrimination under Section 12, Clause 1 of Singapore’s Women’s Charter.67 This charter prohibits same-sex relations and marriage, preventing queer women from accessing many fundamental rights, including employment opportunities, maternity benefits, healthcare, medical insurance and family-planning services.

The discriminatory provisions in the Women’s Charter contravene Articles 15(3) and 16(1) of CEDAW, which state respectively that contracts directed at restricting the legal capacity of women should be deemed null and void, and that women should have the right to enter marriage and the freedom to choose a spouse.

In 2007, the CEDAW Committee asked the Singapore Government how it intended to ‘prevent discrimination against lesbian women in the workplace, in access to health services and in society in general’. The response of the government was that ‘homosexuals were not discriminated against… they had the same right to employment, education, or housing as everyone else’.

During a constructive dialogue with the Singapore Government that followed, several members of the CEDAW Committee put forward further comments and questions—for example, about the ‘weird legal framework’ in which lesbian, bisexual and transgender women seemed to live. Though the government’s responses to these questions remained disconnected from the realities faced by the LGBTQ+ community, the exchange showed increased sensitivity and inclusivity on behalf of the Committee regarding sexual orientation and gender identity, which had remained non-existent until a few years before. The Committee’s wish to learn more from LGBTQ+ CSOs’ experiences was also appreciated by the presenting CSOs.

In August 2022, because of continued advocacy by Tan and many other LGBTQ+ individuals and community groups, the Prime Minister of Singapore finally announced the repeal of Section 377A.68 This was hailed as a groundbreaking move in reducing discrimination and stigma against same-sex couples and a welcome step towards the meaningful adoption of CEDAW recommendations. However, other discriminatory policies, including the Women’s Charter, remain in place.