Singapore Overdue on Ratifying Hague Convention
Instrument of Accession Targeted For Last Year
Aug 25, 2009
In a January 6, 2009 Media Release by the Ministry of Community Development, Youth and Sports (MCYS), appended with the 2nd and 3rd Periodic Report to the UNCRC, Singapore announced the ratification of the Optional Protocol on the Involvement of Children in Armed Conflict. However, although mentioning the continued intention to ratify the Hague Convention on the Civil Aspects of International Child Abduction, no explanation or time-line has been given. "We are unable to provide you with an update at this time," stated Nikole Lee, a MCYS spokesperson, in a personal communication dated May 21, 2009.
Accession was targeted for last year, according to a MCYS Media release dated March 5, 2008. "I believe the MCYS is working on it. I think some further research and studies are being carried out and preparations need to be made for the implementation of the Convention machinery," stated Debbie Ong, Associate Professor at the National University of Singapore, in a personal communication dated August 25, 2009.
Central Authority of the Hague Convention
The MCYS will be appointed the Central Authority, according to the March 5, 2008 MCYS Media Release. Once Singapore ratifies the Convention, they will need to create a Central Authority to handle all cases dealing with international child abduction. Article Seven of the Convention states "Central Authorities should co-operate with each other and promote co-operation among the competent authorities in their respective States to secure the prompt return of children and to achieve the other objects of this Convention."
Kidnappings Inbound and Outbound
In Singapore, there have been 26 Court Cases involving international child abduction between January of 2001 and September of 2006. Of these cases, 22 involved children taken out of the country and four taken into Singapore, according to Professor Ong in the Law Gazette article "Cross-border Parental Child Abduction in Singapore." Ten of the cases were resolved by either the parent returning the child willingly or re-abduction by the other parent.
According to this article, Singapore parents stand to gain more advantage from accession since outbound cases will surpass inbound cases. However, Singapore will also need to extend mutual assistance to children abducted into the country.
Periodic Report Submitted to the UNCRC
The January 6, 2009 media release also announced and attached a copy of the 2nd and 3rd Periodic Report submitted to the UNCRC and filed in Geneva, Switzerland on January 6th. The report includes actions taken by the Singapore Legislature and Judiciary to protect children for the period covering 2003 through 2007. This includes amendments made to the 2007 Penal Code, creation of the Community and Children Care Courts and the formation of an Inter-Ministry Committee on Dysfunctional Families (IMC-DF).Singapore approaches the UNCRC using the "best interest of the child" standard.
Singapore's Accession to Hague Convention is Eagerly Awaited
Although preparation is not to be taken lightly, undue delay is not necessary. More children of the world will be benefited by each country that becomes a signatory member of the Convention. It will be to Singapore's advantage to accede this year. See related article on UNCRC entitled "Why Fear U.S. Ratification of UN Convention?"
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