SINGAPORE - Public opinion is being sought on the new Maintenance of Racial Harmony Bill that will be introduced by the Ministry of Home Affairs (MHA) in 2024.

The proposed laws will consolidate and review race-related offences from existing laws, introduce restraining orders (ROs) against content harmful to racial harmony, and introduce safeguards against foreign influence through race-based organisations.

In a statement on April 16, MHA said both racial and religious harmony are important for Singapore.

It said: “Singapore’s racial and religious harmony is of paramount importance, and arguably an existential issue for our society. We have invested significant effort since independence – through legislation, policies, institutions and other measures – to preserve this harmony.”

A key measure to deal with religious harmony was the Maintenance of Religious Harmony Act (MRHA), which was enacted in 1990 and amended in 2019.

The most recent amendments to the MRHA criminalised conduct that harms religious harmony, provides safeguards against foreign influence in religious organisations, and allows a person who has committed offences against religious harmony to repair ties in lieu of prosecution.

MHA added that the same objectives of the MRHA regarding racial harmony serve as the motivation for the newly proposed laws.

The first aspect of the new Bill is the porting over and reviewing of race-related offences from existing laws.

These include offences under the Penal Code that deal with threats to racial harmony, such as acts that wound the racial feelings of any person, promote enmity, hatred or ill will between racial groups, or that are otherwise prejudicial to interracial harmony.

In September 2023, a local rapper was jailed for six weeks for trying to promote feelings of ill will between different racial and religious groups in Singapore. He had made several online posts between July 2019 and March 2021 comparing races and religions.

To deter race-based violence, the Bill proposes a new offence for acts that urge violence against groups or their members on the grounds of race.

An example given by MHA is a racial supremacist urging violence against people with disabilities – even members of the person’s own race – on the grounds of “racial purity”.

The proposed penalties will take their cue from existing penalties under the Penal Code.

The second aspect of the Bill deals with content prejudicial to racial harmony.

It will enable the minister for home affairs to make ROs against the production or distribution of content that prejudices the maintenance of racial harmony in Singapore.

A person or entity that commits this can be issued an RO and be restrained from being involved in the communication or distribution of specified information or material; addressing a specified audience on a particular subject; and holding office on an editorial board or a committee of a specified publication.

In 2019, a video showed a man speaking aggressively to police officers at Bishan MRT station, accusing them of targeting Malays during checks.

The police said such allegations were untrue, baseless and irresponsible, and they would take action against those who post such remarks.

MHA said the exercise of ROs will be subject to safeguards, including review by a presidential council consisting of individuals who represent the different racial groups in Singapore or have distinguished themselves in public or community service.

A person who is issued the RO can make representations to the council.

The review will then be sent to the president for confirmation together with the council’s recommendation and Cabinet’s advice. If the council’s recommendation is different from the Cabinet’s advice, the president can decide whether to confirm, cancel or vary the RO.

The third aspect of the Bill introduces safeguards against foreign influence through race-based organisations.

MHA said designated entities that promote the interests of a racial group or sub-group must disclose foreign donations and foreign affiliations, as well as their leadership composition.

The minister for home affairs can impose additional safeguards to counter foreign influence. These safeguards will apply only to designated race-based organisations.

MHA said this is because race-based organisations are a much larger and more diverse group, and it is neither necessary nor desirable for such safeguards to apply to all race-based organisations at this time.

The final aspect of the proposal is the introduction of reparative measures to mend community ties.

Presently, remedial activities are on an ad hoc basis, initiated by community partners out of goodwill.

MHA said that working with the Ministry of Culture, Community and Youth and other community partners, it intends to introduce a separate set of reparative measures. These may be offered to offenders as an alternative to prosecution for offences.

MHA said: “Such an approach helps the aggrieved community take a more reconciliatory view towards an offender and strengthens understanding between races. The offender is given an opportunity to learn from his mistakes while carrying out the reparative measures.”

The full report with details of the proposals can be viewed at go.gov.sg/feedback-mrachb and on the Reach website at reach.gov.sg

The public can submit feedback till May 14 by sending an e-mail to MHA_PDD_RRP@mha.gov.sg or by mailing MHA at New Phoenix Park, 28 Irrawaddy Road, Singapore 329560, with the subject Re: Public Consultation on the Maintenance of Racial Harmony Bill.