Civil Society
Jolovan Wham: Going to prison to “show the inherent violence and brutality of the State to citizens expressing themselves peacefully”
by Jolovan Wham
I was released last Friday after spending 15 days in Changi prison for a one-person assembly which lasted 15 seconds. I had a small and intimate lunch with a few friends, rested a bit and continued my usual daily routine. Big thanks to everyone who sent messages of support both publicly and through DMs (Direct Messages). Appreciate your solidarity.
Some people may wonder why I decided on imprisonment when I could have just paid the 3k fine. When I started organising and participating in illegal assemblies, the intention was to put our ridiculous public order laws in the spotlight. Going to prison for something I believed in was unimaginable when I first got involved in social justice work. I was in court that day and my lawyer was urging me to pay the fine. but I was rooted to my seat in the dock and couldn’t bring myself to do so.
Being criminalised for peacefully standing up for what you believed in was just so outrageous and extreme to me that my gut reaction was that it also deserved an extreme response as an act of protest, and to show the inherent violence and brutality of the State to citizens expressing themselves peacefully.
In the years that I’ve been involved in civil society work, I was tired of being told to be afraid, to be careful, and there is ‘no choice’ cos that’s the way things are done in Singapore. But I refused to accept it because the real prison is how we have allowed ourselves to be cowered, intimidated and obedient to injustice. I didn’t want fear and censorship to control me anymore. If going into Changi was the scariest thing that could happen, I would confront it head-on. I needed to resist the decades of fear that has been normalised and acceptance of prison was part of that process.
There’s no doubt that prison is a stressful and de-humanising experience. But accepting imprisonment with a moral purpose, a clear conscience and a love for what is good and just in this world gives me the strength and resolve to stand up to the fear and stigma that comes with imprisonment. It’s not that I am no longer afraid, but it has less of a hold one me: I can act more freely, and as my conscience dictates, and it no longer dictate my actions, and my thoughts.
This was posted by Wham on his Facebook page on 27 Sept 2022. Wham is a social worker and civil society activist based in Singapore.
Wham was charged in Nov 2020 for holding up a sign that read “Drop the charges against Terry Xu and Daniel De Costa” outside the State Courts on the morning of 13 Dec 2018.
Terry Xu Yuanchen, chief editor of The Online Citizen, and a contributor, Daniel De Costa Augustin were charged that day in the State Courts with criminal defamation over an article published in Sept 2018.
He was later found guilty at the State Court for the offence in Jan 2022 and meted with a fine of S$3,000 or 15 days of imprisonment in default of the fine. Following the dismissal of the appeal for his conviction at the High Court, Wham choose to serve the 15-days sentence on 9 Sept 2022.
The whole process of Wham holding up of the sign took less than 15 seconds as witnessed by the court, shown through a CCTV footage of the incident. No member of public was seen looking at the sign held by Wham or even had a look at it, especially since it was barely a few seconds where he held the sign for the purpose of taking a photo.
The police was only made aware of the photo taking by Wham through a police report was filed against him after Wham posted a photo of him holding the sign on social media.
The penalties under the Public Order Act for taking part in a prohibited assembly are a maximum fine of S$5,000.
Article 14 of the Singapore Constitution of the Republic of Singapore, guarantees to Singapore citizens the rights to freedom of speech and expression, peaceful assembly without arms, and association. However, the enjoyment of these rights may be restricted by laws imposed by the Parliament of Singapore on the grounds stated in Article 14(2) of the Constitution.
Section 5 of the Miscellaneous Offences (Public Order and Nuisance) Act was repealed in 2009 and in place, a new law, the Public Order Act was introduced under the watchful eye of Mr K Shanmugam, the Minister of Home Affairs and Law.
Under this law, the definition of “assembly” and “procession” is no longer restricted to gatherings of five persons or more. This means even one person alone can constitute illegal assembly.
Civil Society
Meta and X served targeted POFMA order after activist’s non-compliance
Meta and X received targeted correction directions under the Protection from Online Falsehoods and Manipulation Act on 11 Oct after activist Kokila Annamalai failed to comply with a correction order. The Ministry of Home Affairs stated her misleading posts claimed the government executes arbitrarily without due legal process and will refer her to the POFMA Office for investigation.
SINGAPORE: Two social media platforms have been served with targeted correction directions under the Protection from Online Falsehoods and Manipulation Act (POFMA) on Friday (11 October), after activist Kokila Annamalai failed to comply with a correction order issued to her last week.
Ms Annamalai received the order on 5 October for misleading posts made on Facebook and X.
In a statement, The Ministry of Home Affairs (MHA) said the posts falsely claimed that “the government schedules and stays executions arbitrarily and without regard for due legal process, and that the State does not bear the legal burden of proving a drug trafficking charge against the accused person.”
MHA noted that an article on the government fact-checking website Factually elaborated on why Ms Annamalai’s assertions were false.
The order mandated that she post a correction notice on the two posts; however, she has not complied.
In light of this non-compliance, the Minister for Home Affairs has directed the POFMA Office to issue a targeted correction direction to Meta Platforms and X.
This order requires the platforms to notify users who have seen the posts that they contain false statements and to provide a link to the Factually article explaining the inaccuracies.
MHA also announced that it would refer Ms Annamalai to the POFMA Office for investigations regarding her failure to comply with the correction direction issued on 5 October.
Earlier, the Anti-Death Penalty Asia Network (ADPAN), an organisation advocating for the abolition of the death penalty in the Asia-Pacific region, was also served with a correction order by the Singapore government under POFMA.
This order, initiated by Minister for Home Affairs and Law K Shanmugam, was in response to alleged false claims made by ADPAN in social media posts on 3 October 2024.
The posts, which were circulated on Facebook, Instagram, and LinkedIn, related to Singapore’s legal processes for death row prisoners and the treatment of activists opposing the death penalty.
They were released just before the scheduled execution of Mohammad Azwan Bohari, a drug trafficking convict sentenced to death for possessing over 26.5 grammes of pure heroin.
While ADPAN has since complied with the correction order by adding a notice to the original posts across its social media accounts, the group has expressed its intention to engage further with the order.
ADPAN reiterated its commitment to its statements and opinions, which it asserts are protected by international human rights law and standards, and expressed solidarity with human rights defenders and groups on the ground.
The organisation also reserved the right to issue additional statements on the matter.
Civil Society
TWC2 launches fundraising initiative for at-risk migrant workers
Transient Workers Count Too (TWC2) has launched a fundraising campaign to assist those facing challenges such as work injuries, wrongful termination or financial hardship due to underpayment disputes. The campaign, hosted on Give.asia, aims to raise S$36,000 to provide crucial support during these workers’ most difficult times.
SINGAPORE: Transient Workers Count Too (TWC2), an advocacy group for migrant workers, has launched a fundraising campaign to support those facing difficulties, including work injuries, termination for requesting rightful salaries, or financial hardship due to disputes over underpayment.
The campaign, hosted on the Give.asia platform, aims to raise S$36,000 to provide a lifeline for these workers during their darkest hours.
The group stated that the funds will offer support to low-wage migrant workers in distress through various means, including meal assistance, phone top-ups, travel allowances, emergency shelter, and more.
TWC2 highlighted five types of workers in distress. For example, one cook was forced to perform unpaid work late into the night and was coerced into signing blank payslips.
He received less than half of his official salary, with his employer creating false timecards and payslips.
TWC2 specified the resources needed to assist migrant workers facing financial challenges over six months, including S$1,322 per month for an online helpdesk, S$876 for meal support, S$120 for phone top-ups, and S$80 for EZ-Link credit to attend Ministry of Manpower (MOM) appointments.
Worker Left Vulnerable After Company Closure: Loss of Housing and Belongings Leads to Months of Hardship
Another worker is struggling after his company closed down, leaving him without coverage for his injury.
Furthermore, his employer allegedly failed to pay his housing rent, resulting in the worker losing all his belongings, including his passport, cash, and clothes. He was left to beg and borrow clothes for nearly a month.
TWC2 stated that the funds will help him replace his passport, which costs around S$200, as well as cover S$2,228 for his monthly rent at the TWC2 shelter, S$480 for EZ-Link credit for travel to hospital appointments, and S$240 for phone top-ups.
The third case involves a migrant worker who was denied necessary surgery after suffering a finger injury from heavy machinery. Instead of being taken to the hospital immediately, he was brought to a small clinic, leading to an infection in his open fracture.
He was also pressured to return to his home country for treatment. Urgent surgery was delayed for 33 days because his employer withheld the necessary documents.
TWC2 is appealing for S$1,322 per month for online helpdesk support for this worker, S$1,898 for meal support, S$240 for phone top-ups, and S$480 for EZ-Link credit for travel to hospital appointments.
The fourth case involves a worker who was underpaid for overtime and rest day work.
He was fired after discussing information related to the Employment Act with his colleagues. His employer later contacted a potential future employer to disparage him.
This worker will require S$1,073 monthly to fund online information campaigns, S$120 for phone top-ups, and S$80 for EZ-Link credit to attend MOM appointments.
The fifth case concerns a worker who injured his back while lifting 50kg of cement. Although he was granted 300 days of medical leave, his employer did not report the incident to MOM, and the insurance company took over a year to investigate and accept his claim. The doctor instructed him to avoid catered food for health reasons.
TWC2 is seeking S$160 monthly for his groceries, S$120 for phone top-ups, and S$80 for EZ-Link credit to attend MOM appointments.
Part of this annual fundraising campaign commemorates International Migrants Day in December, which includes a luncheon, “Lunch With Heart,” for migrant workers to thank them for their contributions to Singapore.
TWC2 Highlights Ongoing Exploitation: Employers Bypass Laws to Undermine Workers’ Earnings
TWC2 noted that, according to Singapore’s Employment Act (Section 96), all workers should receive payslips detailing how their salaries are calculated and paid.
However, some employers still find ways to circumvent these laws, cheating workers out of their already low salaries. In 2023 alone, salary disputes rose by 55% according to MOM’s Employment Standards Report.
TWC2 emphasized that migrant workers who experience workplace accidents can be denied treatment by unscrupulous employers, despite being covered under the Work Injury Compensation Act. Even with medical insurance, they often lack access to it and may be sent back home with untreated injuries. The recovery process can be long and isolating, contributing to significant stress and mental health challenges for injured workers.
For these workers, a significant source of daily stress is financial insecurity.
“They are constantly thinking about providing for their family back home, ensuring loans are paid and sick family members have money for medical treatment. Essentially they are like us in every way.”
TWC2 highlighted that workers often take on overtime and forgo days off, even on public holidays, to earn higher wages. They should not be deprived of the wages they have rightfully earned or left with untreated injuries.
“We are appealing to you to offer a helping hand to these filial sons, devoted husbands, responsible mothers and dedicated workers, in their hour of dire need. ”
“We sincerely hope you can chip in so that these workers can have a lifeline in their darkest hours.”
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