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AWARE Op-Ed on decriminalisation of suicide

Published

12 years ago

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aware

Suicide law deters treatment, not attempts

Corinna Lim, Executive Director, AWARE

Porsche Poh, Executive Director, Silver Ribbon Singapore

 

Most people, thankfully, do not attempt suicide. All of us are nevertheless responsible for how we, as a society, respond to those who do. Today, on the World Day of Social Justice, we ask: is it helpful – or right – to answer a cry of anguish with the threat of punishment?

In Singapore, attempting suicide is a crime under Section 309 of the Penal Code. A woman was recently sentenced to jail for repeated suicide attempts. Her case, even if unusual, spurs us to question a law that penalises people facing extreme distress, when they actually need social support.

Suicide is one of the top ten causes of death in Singapore. In 2011, the Samaritans of Singapore (SOS) handled more than 44,000 hotline calls, indicating the number of people contemplating suicide even if not attempting it. In recent years, suicide has increased among the elderly and the young. In 2011, the elderly made up 23% of all suicides, even though they constitute only 9.3 % of the population. From 2010 to 2011, the suicide mortality rate doubled among those aged 65-74 and those aged 85 and above. From 2008 to 2009, suicide among those aged 10-29 also rose by 70%, increasing from 64 to 91 deaths.

In 2009, the highest suicide rate – 28.7 per 100,000 – occurred among men aged 65 and above, more than double the national rate of 10.7. Suicide also increased among men aged 20-29, with their suicide rate almost doubling from 10.8 in 2008 to 20.1 in 2009. While suicide mortality rates among women and girls have declined in the last ten years, their highest suicide rate is also among those aged 65 and above, as for men and boys.

For every death resulting from suicide, there are seven suicide attempts. Arrests for attempted suicide have increased, from 706 in 2007 to 992 in 2011 (almost three a day). Although most arrests do not lead to charges, the process of arrest and investigation is traumatising for the individuals concerned, their family and friends. This may aggravate distress by adding a sense of grievance towards the legal system. The relative infrequency of charges reflects tacit understanding that the criminal law is the wrong tool for this problem. However, the police and magistrates have discretionary power to decide whether to lay charges – a process neither transparent nor assuring to those in distress.

Is the criminalisation of suicide, as some contend, an effective deterrent? The World Health Organisation (WHO) has said repeatedly that, rather than deterring people from attempting suicide, criminalisation deters them from seeking treatment, increasing the risk of suicide rather than reducing it. Criminalisation focuses on censure and the assignation of fault, rather than helping attempters deal with the causes of distress, such as illness, bereavement or financial difficulties. Criminalisation may even motivate those attempting suicide to ensure that they die, rather than survive and face punishment.

The police cannot be expected to provide the social support needed. Nor are all officers trained for this. Yet their scarce resources are expended on arresting those who attempt suicide and investigating self-injury which may not have been suicidal in intent.

Data from countries that have decriminalised suicide, including Canada and New Zealand, show that suicide rates do not increase as a result of decriminalisation. In Hong Kong, where suicide was decriminalised in 1967, effective suicide prevention strategies are implemented by several agencies.

Those contemplating suicide would benefit from appropriate public health support, such as counselling, rather than from legal threats and punishment. Why keep Section 309 when it is rarely enforced and only serves to deter those at risk from seeking appropriate help?

We call on the State to decriminalise suicide and to develop a comprehensive suicide prevention framework modelled on the WHO’s recommendations. Suicide is a public health issue, where those who are suicidal should receive appropriate care, not penalised as criminals. Even after suicide is decriminalised, Singapore’s Mental Health (Care and Treatment) Act would still authorise the police to ensure that those who harm themselves receive medical treatment.

Last year, in his message on the World Day of Social Justice, the UN Secretary-General said that social justice is served when we see a “future we want”. When people attempt suicide, very often it is because they do not see any future they want. Penalising people for seeking to end their lives does not create hope for the future.

A 2012 World Happiness Report from Columbia University reported “high correlations between various low well-being scores and … coronary heart disease, strokes, suicide and length of life”. To reduce suicide attempts, the causes of low well-being need to be addressed. By criminalising suicide, the law says, in effect, that one should just resign oneself to despair. What we need to do is to change the conditions that give rise to despair.

AWARE and Silver Ribbon acknowledge the contributions of Jolene Tan, Vivienne Wee, Emily Lim and other members of the Working Group on the Decriminalisation of Suicide in writing this article.

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Civil Society

29 organisations demand criminal prosecution of law-breaking police in Malaysia

A coalition of 29 organisations is demanding that Malaysia end the perception of shielding law enforcement officers from prosecution when involved in serious violations like torture and killings. Highlighting cases such as the disappearances of Raymond Koh and Amri Che Mat, they call for accountability through criminal charges.

Published

2 days ago

on

3 October 2024

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Activist Amri Che Mat and Pastor Raymond Koh

A coalition of 29 organisations is calling for an end to what they describe as a “policy” or perception in Malaysia that shields police and law enforcement officers from criminal prosecution, even when they are involved in serious violations such as death, torture, or human rights abuses.

These groups argue that law enforcement officers who break the law should be subject to the same criminal prosecution and sentencing as ordinary citizens.

The coalition points to several high-profile cases where police officers allegedly committed serious crimes, yet no action was taken to prosecute those responsible.

They argue that merely subjecting officers to internal disciplinary actions does not fulfil the public’s demand for justice. Instead, such officers must be charged and tried in open courts, allowing for transparency in the administration of justice.

Enforced Disappearance of Raymond Koh and Amri Che Mat

One prominent case cited is the enforced disappearance of Pastor Raymond Koh and Amri Che Mat. In 2019, the Malaysian Human Rights Commission (SUHAKAM) concluded, following a public inquiry, that both men were likely victims of enforced disappearance carried out by police officers from the Special Branch.

The government formed a Special Task Force to investigate SUHAKAM’s findings, but when the report was completed, it was classified as an “Official Secret” and was not disclosed to the public.

Recently, during a civil trial initiated by the families of the victims, parts of the report were revealed.

These findings supported SUHAKAM’s conclusions, asserting that the officers involved were rogue individuals acting independently. However, despite this revelation, no criminal charges have been filed against the responsible officers.

The delay in prosecuting these officers, even after clear findings, further bolsters the perception that Malaysia protects its law enforcement officers from the full extent of the law.

Assault on Ong Ing Keong

In another case, Ong Ing Keong, a deaf and mute e-hailing driver, was allegedly assaulted on 28 May 2024 by a police officer escorting a VIP.

Despite video evidence supporting Ong’s claims, no charges have been brought against the officer involved. This case has raised further questions about the government’s willingness to hold law enforcement accountable.

Failures in Investigating Police-Related Deaths

The coalition also highlights multiple cases involving deaths caused by police officers, where no significant legal action has been taken.

A coroner’s court ruling on 31 May 2023 determined that the fatal shooting of three men by police officers was not justified as an act of self-defence. Despite this finding, the officers involved have not been charged.

Similarly, in a separate incident, the High Court ruled on 1 February 2024 that the death of a man in Sitiawan, Perak, at the hands of police was homicide, yet no charges have been filed.

The coalition argues that these incidents contribute to a widespread loss of public confidence in Malaysia’s criminal justice system, particularly when it comes to cases involving law enforcement officers.

They stress that the government must act decisively to ensure that justice is seen to be done, by investigating, charging, and prosecuting officers found responsible for these crimes.

Concerns About Torture and Deaths in Custody

There are growing concerns over allegations of torture and deaths in police custody, with many cases seemingly underreported due to victims’ fear or lack of faith in the system.

The groups worry that if the public continues to perceive that justice is inaccessible, it may lead to increased incidents of violence or retaliation against police officers.

The Need for Clearer Laws and Specific Offences

The coalition believes that existing Malaysian laws, such as the Federal Constitution and the Criminal Procedure Code, clearly outline the legal obligations of police officers.

However, they argue that there is a need for additional specific laws to address violations committed by law enforcement officers, particularly in cases involving torture, illegal searches, or denial of legal rights.

They propose enacting special criminal offences targeting police misconduct to ensure greater accountability.

They further highlight the challenge posed by the fact that police misconduct often occurs in the presence of fellow officers, who may be reluctant to report their colleagues. This creates a culture of impunity within the force, making it difficult for victims to seek justice.

Recommendations for Reform

The coalition’s demands include the immediate investigation, charging, and trial of the officers responsible for the enforced disappearance of Raymond Koh and Amri Che Mat, as well as the disclosure of their whereabouts.

They also call for the prosecution of officers involved in the disappearance of Joshua Hilmy and Ruth Sitepu, based on findings from SUHAKAM’s public inquiry.

Moreover, the group advocates for the prosecution of the officers involved in the assault of Ong Ing Keong and those found guilty of homicide in recent court decisions.

They also call for the implementation of new laws to address police misconduct and for the government to take active steps to discard the perception that law enforcement officers are immune from prosecution.

The coalition urges the Malaysian government to demonstrate its commitment to justice by ensuring that all law enforcement officers who break the law are charged and tried in open courts.

This transparency, they argue, is critical to restoring public faith in the country’s criminal justice system.

The list of the 29 organisations in the coalition

  1. ALIRAN
  2. MADPET (Malaysians Against Death Penalty and Torture)
  3. Teoh Beng Hock Association for Democratic Advancement
  4. Association of Home and Maquila Workers (ATRAHDOM), Guatemala
  5. Banglar Manabadhikar Suraksha Mancha (MASUM), India
  6. Center for Orang Asli Concerns (COAC)
  7. Greenpeace Malaysia
  8. Global Women’s Strike, UK
  9. Haiti Action Committee
  10. KLSCAH Civil Rights Committee (KLSCAH CRC)
  11. Legal Action for Women, UK
  12. Migrant Care, Indonesia
  13. National Garment Workers Federation, Bangladesh
  14. North South Initiative, Malaysia
  15. National Union of Transport Equipment & Allied Industries Workers (NUTEAIW), West Malaysia
  16. Parti Sosialis Malaysia (PSM)
  17. PAYDAY Men’s Network (UK/US)
  18. Persatuan Amal Progresif Malaysia
  19. Persatuan Sahabat Wanita Selangor (PSWS)
  20. Programme Against Custodial Torture & Impunity (PACTI), India
  21. Sabah Timber Industry Employees Union (STIEU)
  22. Sarawak Dayak Iban Association (SADIA)
  23. Saya Anak Bangsa Malaysia (SABM)
  24. Singapore Anti Death Penalty Campaign (SADPC)
  25. The Workers’ Assistance Center, Inc. (WAC), Philippines
  26. Union of Domestic, Maquila, Nexas and Related Workers (SITRADOM), Guatemala
  27. WH4C (Workers Hub for Change)
  28. Black Women for Wages for Housework, US
  29. Women of Color/Global Women’s Strike, US/UK
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Civil Society

WMP: The Dyson lay-offs is a test of how useful PAP’s relationship with unions is for workers

In response to Dyson’s recent layoffs, Workers Make Possible (WMP) questioned whether The United Workers of Electronics and Electrical Industries (UWEEI), an NTUC affiliate, will fight for workers’ livelihoods or accept defeat. WMP highlighted that many PAP leaders, including SM Teo Chee Hean and MP Patrick Tay, lead UWEEI’s Council of Advisors, raising concerns about its effectiveness.

Published

3 days ago

on

2 October 2024

By

The recent lay-off decision by UK-based tech giant Dyson in Singapore has raised significant questions about the effectiveness of the ruling People’s Action Party (PAP)’s relationship with unions, according to local civil society group Workers Make Possible (WMP).

In an Instagram post, WMP shared two screenshots of news articles, highlighting the irony of British billionaire James Dyson receiving the Public Service Star (Distinguished Friends of Singapore) award in July 2023 for his contributions to the Singaporean economy.

However, fast forward to recently, Dyson’s unexpected round of layoffs left many employees in shock and morale at an all-time low, with only a day’s notice given to The United Workers of Electronics and Electrical Industries (UWEEI), an affiliate of the National Trades Union Congress (NTUC).

 

According to Channel News Asia, the layoffs come just three months after Dyson had assured staff that its Singapore operations, which serve as its global headquarters, would be unaffected by a global restructuring that had cut 1,000 jobs in Britain.

Employees reported that the retrenchment process was conducted discreetly, with affected workers receiving email notifications for private “one-on-one” meetings.

During these meetings, attended by human resources representatives, employees were informed that their roles had been rendered redundant.

A Dyson spokesperson responded to media inquiries by stating that the company was adjusting its team composition to ensure it had the right skills in place for future growth.

“Our ambitions in Singapore remain unchanged, and we expect to continue growing here in the medium term,” the spokesperson said.

Dyson did not, however, disclose the number of employees laid off or provide specifics on how the company plans to support the affected staff.

UWEEI expressed disappointment over the layoffs, revealing that it was informed only a day before the retrenchment, which left little room for meaningful discussions.

The union has since escalated the matter to the Ministry of Manpower (MOM) for further review.

While the union acknowledged that the affected employees fell outside its scope of representation under its agreement with Dyson, it pledged to support the laid-off workers in collaboration with NTUC’s Employment and Employability Institute (e2i).

UWEEI and e2i will assist with job searches, career coaching, and retraining. The union also called on companies to adhere to NTUC’s Fair Retrenchment Framework, emphasizing the need to protect local workers and ensure that adequate support is given during layoffs.

WMP Calls on UWEEI to Act Decisively Amidst Dyson Layoffs, Questioning PAP’s Commitment to Worker Advocacy

Commenting on UWEEI’s response to the recent Dyson layoffs, WMP noted that many PAP members are part of its Council of Advisors, with Senior Minister Teo Chee Hean serving as Chairman and PAP MP Patrick Tay as secretary.

WMP also pointed out that during a parliamentary sitting last month, PAP MPs fervently defended the importance of involvement in trade unions to protect workers.

“Critics should pause their judgement and see what the UWEEI can do in this moment of crisis for the laid-off workers,” WMP remarked.

The group questioned the effectiveness of UWEEI’s actions, suggesting that if PAP MPs are correct in their assertions, then UWEEI should not remain passive.

“It surely cannot be the case that all the UWEEI is able to advertise up-skilling programs to laid-off workers?”

WMP questioned what UWEEI’s next steps will be and whether they will accept defeat or fight for workers’ livelihoods.

 

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