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To catch a diplomat

The sad and tragic truth: Dr Ionescu is above the law. Khairulanwar Zaini.

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George Yeo on Romanian diplomat hit-and-run case:
“What happened was very bad, a man was killed, people were injured,” said Mr Yeo. “The police are pursuing the matter very thoroughly but investigations are still ongoing and I should not be commenting on them. Let’s take this one step at a time, there must be due process in such matters.” (Channelnewsasia)

Khairulanwar Zaini

The seeming lack of justice in the aftermath of the tragic hit-and-run accident involving a Romanian embassy car on 15th December 2009, which has left one person dead, has triggered much public outrage, with Singaporeans lobbing vehement criticisms against the Singapore government for its perceived inaction and inefficiency. This has been compounded by the recent testimonies from other eyewitnesses explicitly contradicting the account of the Romanian charge d’affaires, Dr Silviu Ionescu, who was said to be in the vicinity of the abandoned vehicle, although he has denied any culpability in the accident.

Dr Ionescu is currently in Romania for medical treatment, although he has promised to return in late January to assist with the investigations. Nevertheless, the Singapore government has come under much flak for permitting Dr Ionescu to leave in the first place. This antipathy is an overspill from the backlash against the government’s lax immigration policies – in allowing a suspect in a hit-and-run to leave the country, the government was once again construed to be prioritising foreign interests over domestic ones.

Tied hands

Yet some of this anger is mis-directed.  The fact is that the government’s pursuit of Dr Ionescu is circumscribed by the latter’s enjoyment of diplomatic immunity under the Vienna Convention on Diplomatic Relations. Any prosecution can only be undertaken with the expressed consent of the Romanian government.

The sad and tragic truth: Dr Ionescu is above the law.

This double standard in applying Singapore laws is neither motivated by bilateral diplomatic considerations nor succumbing to international pressure – it is a binding legal obligation. Going by the conventional interpretation of the treaty that provides a wide mandate for diplomatic immunity, Dr Ionescu is impervious to any criminal proceedings. With Dr Ionescu safely cocooned by international laws and norms, the only recourse available to the government is to request for Romania to waive his legal immunity if the investigations do yield enough evidence to prosecute him. If Romania declines so, the furthest Singapore could do is to declare him as a persona non grata, short of escalating the situation by recalling our ambassador.

The government’s hands, at the moment, are tied: while the people are right to be angry, unfortunately, the government cannot  do much to prevent Dr Ionescu from going unpunished, if indeed he is found guilty of the crime. Some may however find this seemingly incongruent with the recent statement of the Foreign Affairs Ministry, which established that ‘members of the Diplomatic and Consular Corps must respect the laws and regulations of Singapore, despite their diplomatic immunity under the Vienna Convention.’

Written as a Straits Times Forum response to allegations of traffic violations by consular staffs (see picture right), it suggests that ‘immunity is intended to protect them only in the discharge of their duties.’ However, while diplomatic missions are expected to observe the laws of their host countries, they do so not out of compulsion, but as a matter of diplomatic politeness. The host government does not have any powers of legal enforcement, even in the grossest of transgressions, although it could wield its powers of persuasion.

The sound of public discontent

It is a pity, in having to depend on moral suasion over legal argument to convince Romania to grant a waiver, that the Singapore government has hobbled itself by outlawing cause-based assemblies. Such an incident in any other country would have been a cause célèbre inviting protests in an embassy’s vicinity. Hence, in denying even peaceful protests and any public expression of discontent, the government is unable to insist on a waiver in the name of public pressure and outrage.

Singapore is certainly poorer as a result, but this escapes the crux of the matter: that Romania has the prerogative to waive the immunity to allow prosecution if investigations do yield Dr Ionescu as the prime suspect. The online public petition, addressed to the Romanian embassy and government, is a step in the right direction – by aiming at the very agency that has the legal power to drive proceedings into motion.

It is certainly heartening to note that Dr Ionescu has agreed to return to Singapore in late January to assist the police, although the exigency of the situation and the gravity of the crime would call for Dr Ionescu to return post-haste. Surely, Dr Ionescu has enough confidence in our medical facilities’ capacity to fulfil his medical needs.

The Romanian government could also do no wrong in providing ex-gratia payments to the victims, since its vehicle was indeed involved in the accidents. Although it might be construed by some as an admission of guilt in the interim, this action will be hailed as a gesture of Romanian goodwill and generosity if the investigations do prove Dr Ionescu innocent.

Hence, despite him being above the law, this cause is not unduly futile: Dr Ionescu could be brought down with sufficient public moral outrage and pressure.

Better norms, refined laws

It is very anomalous, with the tendency of international laws and norms gravitating towards the validation of human rights and the rule of law, for diplomats to be endowed with such fortuitous legal entitlements. The notion of diplomatic immunity could use a few refinements. The spirit of preventing governments from shooting the messenger is laudable, but instances of abuses should compel governments to revise the terms. It will be tricky, it will be difficult, it will be arduous – but it is nonetheless necessary to ensure that the rule of law and the respect for human life can and will be upheld and observed for all, diplomats and the common man alike.

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Indonesia

Miss Universe cuts ties with Indonesia chapter after harassment allegations

The Miss Universe Organization severs ties with Indonesia franchise due to harassment claims. Malaysia edition canceled.

Women allege body checks before pageant. Investigation launched. Safety prioritized.

Indonesia winner to compete in November finale. Height requirement controversy.

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WASHINGTON, UNITED STATES — The Miss Universe Organization has cut ties with its Indonesia franchise, it announced days after allegations of sexual harassment, and will cancel an upcoming Malaysia edition.

In the complaint, more than a half dozen women said all 30 finalists for Miss Universe Indonesia were unexpectedly asked to strip for a supposed body check for scars and cellulite two days before the pageant’s crowning ceremony in Jakarta.

Their lawyer said Tuesday that five of the women had their pictures taken.

“In light of what we have learned took place at Miss Universe Indonesia, it has become clear that this franchise has not lived up to our brand standards, ethics, or expectations,” the US-based Miss Universe Organization posted Saturday night on social media site X, formerly known as Twitter.

It said that it had “decided to terminate the relationship with its current franchise in Indonesia, PT Capella Swastika Karya, and its National Director, Poppy Capella.”

It thanked the contestants for their bravery in coming forward and added that “providing a safe place for women” was the organization’s priority.

Jakarta police spokesman Trunoyudo Wisnu Andiko said Tuesday that an investigation into the women’s complaint has been launched.

The Indonesia franchise also holds the license for Miss Universe Malaysia, where there will no longer be a competition this year, according to the New York-based parent organizer.

In a lengthy statement posted to Instagram, Indonesia franchise director Capella denied involvement in any body checks.

“I, as the National Director and as the owner of the Miss Universe Indonesia license, was not involved at all and have never known, ordered, requested or allowed anyone who played a role and participated in the process of organizing Miss Universe Indonesia 2023 to commit violence or sexual harassment through body checking,” she wrote.

She added that she is against “any form of violence or sexual harassment.”

The Jakarta competition was held from 29 July to 3 August to choose Indonesia’s representative to the 2023 Miss Universe contest, and was won by Fabienne Nicole Groeneveld.

Miss Universe said it would make arrangements for her to compete in the finale, scheduled for November in El Salvador.

This year’s Indonesia pageant also came under fire for announcing a “significant change in this (year’s) competition guidelines” with the elimination of its minimum height requirement after it had crowned a winner.

In its statement, the Miss Universe Organization said it wanted to “make it extremely clear that there are no measurements such as height, weight, or body dimensions required to join a Miss Universe pageant worldwide.”

— AFP

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Malaysia

A Perodua service centre in Kuantan, Malaysia went viral for its strict dress code, Perodua responds

A dress code for vehicle servicing? A Malaysian car brand’s service centre dress code signage has puzzled netizens, raising queries about the need for attire rules during a routine service.

The manufacturer responded with an official statement after a flurry of comments, seeking to clarify and apologize.

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MALAYSIA: A dress code signage positioned at a service centre belonging to a prominent Malaysian car brand has sparked bewilderment among Malaysian netizens, who question the necessity of adhering to attire guidelines for a simple vehicle servicing.

The signage explicitly delineates clothing items that are deemed unsuitable, including sleeveless tops, short skirts, abbreviated pants, and distressed jeans.

The car manufacturer swiftly found itself flooded with comments from both inquisitive and irked Malaysian netizens. This surge in online activity prompted the company to issue an official statement aimed at clarifying the situation and extending an apology.

In a post that gained significant traction on the social media platform, politician Quek Tai Seong of Pahang State, Malaysia, shared an image to Facebook on Monday (7 Aug).

The image showcased a dress code sign prominently displayed at a Perodua Service Centre in Kuantan. Within the post, Quek posed the question: “Is this dress code applicable nationwide, or is it specific to this branch?”

The signage reads, “All customers dealing with Perodua Service Kuantan 1, Semambu, are requested to dress modestly and appropriately.”

Adding visual clarity to these guidelines, the sign features illustrative graphics that explicitly outline clothing items deemed unacceptable, including sleeveless tops, short skirts, short pants, and ripped jeans.

Delineating the specifics of the dress code, the signage stipulates that male visitors are expected to don shirts accompanied by neckties, opt for long pants, and wear closed shoes.

Conversely, female visitors are advised to don long-sleeved shirts, full-length skirts, and closed-toe footwear.

Perodua’s dress code sparks online uproar

Following the rapid spread of the post, Perodua’s official Facebook page found itself inundated with comments from both intrigued and frustrated Malaysian netizens, all seeking clarifications about the newly surfaced dress code policy.

Amidst the flurry of comments, numerous incensed netizens posed pointed questions such as, “What is the rationale behind the introduction of such regulations by the management? We demand an explanation.”

Another netizen expressed their dissatisfaction, arguing against the necessity of the rule and urging Perodua to take inspiration from the practices of other 4S (Sales, Service, Spare Parts, and Survey) automotive dealerships.

A concerned Facebook user chimed in, advocating for a more lenient stance, asserting that attempting to dictate customers’ clothing choices might not be in the company’s best interest.

Someone also commented in an angry tone, “Oi what is this? Going there for car service, not interview or working, right.”

As the discourse unfolded, it became evident that while some inquiries carried genuine weight, others chose to inject humor into the situation, playfully remarking, “If I wanted to buy a Myvi, I should buy or rent a formal attire first.”

“I sell economy rice at a hawker centre, I have never worn a long sleeve shirt and a tie… I guess I will not buy a Perodua car then.”

“I guess they will not serve those who wear short pants.”

Perodua addresses dress code controversy

As reported by Chinese media outlet Sin Chew Daily News, the manager of Kuantan’s Perodua Service Centre had acknowledged that the images on the dress code signage were misleading.

In response, the manager divulged that discussions had transpired with the head office, leading to the prompt removal of the signage to prevent any further misconceptions.

The manager clarifies, “We do encourage visitors to adhere to the dress etiquette, but we won’t go to the extent of restricting their choice of attire.”

He also revealed that currently, no complaints have been directly received from the public.

However, feedback from certain customers was relayed through Perodua’s agents.

Perodua also released an official statement by chief operating officer JK Rozman Jaffar on Wednesday (9 Aug) regarding the dress code on their official Facebook page.

The statement stated the dress code etiquette is not aligned with their official guidelines and they are currently conducting an official investigation on the matter followed by corrective measures to avoid the same incident from happening.

Perodua also extends its apologies for any inconvenience caused.

 

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