Showing posts with label Getting Help. Show all posts
Showing posts with label Getting Help. Show all posts

Thursday, January 21, 2010

The fallacy of scoffing at first steps

Some days it seems that either the Straits Times has a schizophrenic editorial policy, or there are internal conflicts going on in the newsroom. Today's paper contained one opinion column defending the preservation of race categories in Singapore, and a news item reporting a study which noted a decline in discriminatory job advertisements.

A bit of background on race categories in Singapore. All Singapore citizens and permanent residents are assigned a race on their national identity card which falls into one of the discrete groups: Chinese, Malay, Indian, Eurasian or Other. These categories are used to administer state policies such as racial quotas in public housing, ostensibly to "promote the mixing of households of different races and income groups in our estates" (source) but which some people reckon are to prevent the formation of racially-aligned voting blocs.

Recently it was announced that the government would allow parents who are themselves assigned different race categories to choose a double-barrelled race category for their children. However, Andy Ho seems to think that
Because there are no legal categories of race in Brazil, there are also no laws to combat racial discrimination which undeniably exists. By contrast, official practice in Singapore leads to bright-lines among the races. But the very same laws that inscribe these lines also make it possible to recognise and address racially discriminatory practices.

In this way, having legal categories of race may not be so pernicious after all.
Note that the new policy merely allows parents to append one additional race category in their children's statutory documents. It does not refine the existing category to include other choices, nor does it abolish the categories altogether. This first policy change in many years has generated quite a lot of discussion about race in Singapore, during which abolition of race categories has been mooted. But Andy Ho seems to think such talk is hopelessly naive, and that the fact that race as a social construct will always exist in our minds is a reason to not even bother with trying to make the first baby steps towards abolishing categories that are often inaccurate, divisive or irrelevant.

A few pages further into the paper, in the Home section, Rachel Chang reports that the Tripartite Alliance for Fair Employment Practices (Tafep), has found that 'only 1 per cent specified race, age, gender or other preferred characteristics, without explaining why these were necessary for the job', down from 19.7% in 2006. Tafep attributes this to "heightened awareness among employers of the need to recruit on a fair, meritorious basis" and "newspapers which run the classified ads agree[ing] to vet them according to Tafep guidelines." Tafep co-chairman Halimah Yacob also noted that "most complaints over unfair treatment continue to be from [older workers]."

Perhaps this is what Andy Ho is referring to when he extols race categories that "make it possible to recognise and address racially discriminatory practices"? Unfortunately, Singapore has no workplace discrimination laws. Tafep only issues guidelines, not gazetted regulations. When Tafep is notified of unfair employment practices, it can only "approach the employer to assist them in their adoption of fair employment practices especially if it concerns discrimination based on age, race, gender, religion, family status or disability." (Source here, emboldening mine.) Even if recruitment ads are nominally non-specific about race, age, gender or other characteristics, discrimination still rears its head during the interview process, in the course of work, during salary reviews, and even in the decision to fire someone.

But I'm falling into the same trap as Andy Ho. The law is not perfect, but Tafep does important work in acknowledging that workplace discrimination exists, that we should be aware of it, and that both employers and employees should have help and resources to combat it.

The abolition of categories on paper does not automatically and magically lead to the abolition of discriminatory practices and behaviour. But it's a first step, and we should not scoff at that.

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If you feel that you have experienced discrimination at work in Singapore, you can contact Tafep at 6838 0969 or e-mail query@fairemployment.sg. The Tafep website also has some resources published in English and Chinese.

Thursday, December 24, 2009

Investigating and prosecuting sexual offences.

[Ed - This post may be read in conjunction with "BREAKING: More women say: I deserve justice by my own terms, I'm worth it." and "Addenda and Clarifications".]

Following the barn's porcine lash-out at Straits Time's festive helping of victim-blaming, our resident spectral turkey has risen from her resting place to grace us with her netherworldly visions of the difficulties in the investigation and prosecution of sexual offences, including molest: (I channel The Poultrygeist's spirit to reproduce this in full)
Let me tell you what happens when a woman accuses a guy of molest:
 
1. Woman makes police report.
 
2. Police investigate
 
3. In deciding whether to charge him with an offence, they produce their findings and evidence procured in the course of investigation to a prosecutor at the Attorney-General's Chambers (AGC).
 
4. The prosecutor looks through all the evidence and again interviews the victim.  This interview involves detailed questions including some which are very personal.  This is to assess the relative strength of the evidence and the veracity of the victim's version of the story.
 
5. The prosecutor will also inform the victim the sort of questions she will face from the Defence Counsel (i.e. the accused person's counsel) at trial.  These can include questions which throw suspicions on the victim's morals (i.e. past sexual history, conduct at the time of the alleged offence - whether skanky clothes were worn so as to "tempt" the dude - etc). 
 
6. Based on the victim's answers and any corroboration with all other relevant evidence, the police will then charge the offender.
 
7. Only then will this matter go to Court.
 
So really, I think it is quite apparent that there is no question of "easy money".  If the evidence is not strong, there is no way this matter can proceed to conviction.  The victim in the case of molest has to answer several detailed questions on exactly how the incident occurred several times: to the police, the prosecutor and eventually the defence counsel.
 
If the claim is frivolous on the evidence, the matter cannot proceed.
 
I also don't believe that victims "demand" compensation.  Usually, the alleged offender will offer compensation for their own reasons.  This is in my mind immaterial.
 
As someone who has faced drunken molestation and heckling in clubs and other public places several times, I can tell you that it's demeaning, embarrassing and offensive.  It's not something I would wish to re-live over and over again.  Actually much rather than prosecute, I would prefer to resoundingly bitch slap the mofo there and then.  How a victim chooses to proceed should be up to her. 
 
That's my two cents.

Oh and I must add: it is open to the defence to ask any question and make any statement that can cause aspersions on the victim's moral character.  There is nothing to stop them from doing so.  This is more true in cases of rape.
[/End channeling.]

Adding to this, Oh My Goat says, "Character evidence is admissible though, I'm quite certain of that - no "rape shield" or an equivalent that I know of in Singapore. Any wonder why composition seems to be a much less traumatising alternative?"

Quit selling us vengeful wives and entrapment schemes, you hear now, fear-mongering media honchos?

Friday, December 11, 2009

Mathia Lee's "Dating strangers safely".

Mathia Lee, previously a volunteer facilitator of AWARE's Comprehensive Sexuality Education (CSE), was meditating on the recent news report on how "one in five have dated a stranger they met through a social networking site, and one in 10 have been sexually harassed on such sites.”

Lee recounts how the students she taught didn't go out with strangers for fear of their safety. She then goes on to say, quite accurately in my piggish opinion, that almost always the dates we go on are with "near strangers" who at some point may even become "our husbands and wives".

The point is, you have to start somewhere, and being completely paralysed by the bogeymen of online predators simply isn't helpful.

Now, Porkchop here would gladly share some tips, but seeing as how he's practically plant-life in this department, he feels sharing Lee's highly sensible tips on dating strangers safely more useful, and suitable for the initial, "Base-1" hanging-out periods.

You know they're very good because they're relevant to all genders and sexual orientations navigating the initial minefield of love and sex.

I reproduce with minor edits, in brackets, italics, bold and underlined for better organisation:
Advice for Daters

[Group Dates] go out in groups

[Stay Public] stay only in public places

[Travel Public] insist that you can make your way to the date and back home on your own, rather than accepting a ride with [your date] alone in [hir] car. Or else, [ze] can accompany you on public transport.

[Tell Someone] letting someone, preferably your parents, know who you are going out with, and their details/contact no.s (See below.)

[Disclaim to Date] letting your date know that someone knows about him, and is watching out for you

+

Detailing to Someone

[Choose Helper] Tell someone, hopefully your parent/ guardian, but if you're not comfortable then let your classmate, or your best friend know.

[Details] You need to give this friend DETAILS Location of date, contact numbers of date, your parents, etc, start time, end time, etc.

[Disclaim to Date] Your date needs to know your friend has [hir] details; that’s a deterrant

[Set Pumpkin Hour] You need to tell your friend “I intend to be home by 10pm tonight. So if I don’t call you by 11pm, I might be in trouble and you need to get help”

[Establish Response/ Help] Your friend has to be reliable and trustworthy enough to actually try to call you, if you don’t call her/him, and reliable and trustworthy enough to contact your parents/the police, if you actually might be in trouble.
Fall in love with ease of mind, yo! Good luck and have fun now! :)

Friday, November 27, 2009

What to do if you're raped in Singapore.

ETA 23 July 2011: We regret to inform that Police Posts at the hospitals have been removed (cf. Straits Times, 15 July 2011, "All 6 hospital police posts closed down", Mavis Toh).
=====


In this Porkchop's continued badly drawn efforts to bring you information you might need in case of emergency, I'm going to provide some porcine-weight, choi-ke-lei resources on seeking help in the event of rape or sexual assault, for all women and girls in Singapore.

Rape and sexual assault victims, I think, mostly don't think or know that they're going to be victimised like that. So it can happen to anyone.

A-N-Y-O-N-E!

I'll begin by first revisiting some knowledge shared by Ms Braema Mathi of the estimable Marauh in one of the videos by the No To Rape people, which strangely hasn't seen much circulation from the campaign:

It is important... to be timely and to keep evidence. Don't immediately have a bath. The natural instinct is to scrub yourself clean. Try and call a friend quickly, go to the doctor. Best to go to an emergency unit, because if you go to a GP, from a GP again you have to go to an emergency department.

Once you enter the hospital system, it is very good. The emergency doctors been trained. most hospital you will notice have a little police post [Ed: Please see update above] there... The link will be made. We have a rape investigation squad within the police force. And you'll find that the link will go back to the investigation squad and a lady will come up.

1) Kandang Kerbau (KK) Women's and Children's Hospital. Go To KKH immediately if you can.

Singapore's KKH specialises in WOMEN'S and children's health and support. A cursory search of their website reveals that they boost an "emergency obstetric & gynaecological consultations at KK Hospital's Women's 24-Hour Clinic". They also have a Medical Social Work that offers crisis intervention to "deal with trauma cases such as sexual assault, spousal violence, child abuse and attempted suicide".

Already, a lot of hospitals refer patients to KKH for when they need expert help in dealing with women health issues, so it is this Porkchop's conjecture that KKH will be the best place to seek help, though any emergency ward near would be just as good.

2) Get to the hospital! The point is to get into the hospital system quickly, so that the victim can quickly get the support and help she needs.

3A) Declare, Disease and Document. Declare the assault, check for disease and document all injuries.

In order for the medical professionals and social services to help effectively, victims are going to need to trust the system. It's going to be tough getting this to come out, but learn now that victims must tell the medical professionals what happened in no uncertain terms; even professionals need reminding since they don't receive rape victims every day. Declare the assault, demand tests for sexually transmitted diseases, and request that all your injuries and tests be documented so that evidence is kept as well.

3B) Emergency Contraceptive. EC, also known as the morning-after pill.

Our commenter kindly reminds us EC should be on the table. (We're not sure if these are offered to victims, but they are inexpensive and quite reliable if administered within a 72 hour post-incident window. Obviously, the sooner the better. [Hattip anonymous reader!]

Again, this is a very difficult process to undertake after suffering the trauma of assault, so I highly recommend thinking about the next idea.

4) Find The Friend. Establish some informed support points.

A radical idea for all my female hairless apes earth inhabitants, talk to one or two close friends or family members about emergency situations. Make a pact, who will help you, what must be done (e.g. where to seek help, 'Declare, Disease and Document', etc) and entrust each other to provide the immediate support you need if something bad happens. Under these dire circumstances, it might be better to depend on The Friend to take the necessary steps for you.

Increasingly we make deals with spouses and friends about death and incapacitation arrangements, so consider this another contingency.

5) Marital Rape. Report your having been assaulted anyway!

Even if marital rape is still not a fucking crime in Singapore, the medical experts and police can and probably will collect all the evidence and statements they need so that they may find other ways to nail the perpetrator. Though the obvious barrier will be actually mustering the power to reveal the information first.

6) Confidentiality. Your information will be kept confidential.

Medical and law enforcement agents are bound by a duty of confidentiality, so trust that what you tell them will be kept absolutely confidential.

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KK Hospital Women's and Children's Hospital
100 Bukit Timah Road
Main Line (24-hrs) - (65) 6293 4044

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Social Service for Violence

If you're experiencing family/ spousal violence of any sorts and need assistance, please contact these people:

Centre for Promoting Alternatives to Violence (PAVe)

Blk 211 Ang Mo Kio Ave 3 #01-1446 Singapore 560211

Operating Hours:
Mondays, Tuesdays, Thursdays & Fridays: 9.00am - 6.00pm
Wednesdays: 9.00am - 9.30pm (6.30pm - 9.30pm by appointment only)
Saturdays, Sundays & Public Holidays: Closed

Tel : 6555 0390
Email : admin@pavecentre.org.sg

+ OR +

Association of Women for Action and Research (AWARE)

Block 5 Dover Crescent #01-22, Singapore 130005

Tel : 6779 7137
Helpline : 1800-774-5935 (Mon-Fri, 1500hrs to 2130hrs)
Email : helpline@aware.org.sg

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Personal Protection Orders (PPO)

You can take out a PPO at the Magistrate Court or at one of the other 4 link centres. Learn more about taking out the PPO. I can't quite figure out the fee system, except that it's $1 for each summon issuance, but if I recall correctly, Minister of Law, Associate Professor Ho Peng Kee, claimed that it should be about 8 dollars to file a PPO.

From the website:

"If you have any police or medical reports, you should bring these with you. However, you do not need to have copies of such reports to file an application for a personal protection order."

"The Protection Order Services unit will arrange for the personal service of the summons on the Respondent by a Court process server at the address provided by you in your Magistrate’s Complaint."

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Be kind, pass this along to a friend or family member, and be well.

Monday, November 16, 2009

Unfairly terminated for being pregnant?

Just to quickly follow up on Poultrygeist's post on unfair job termination of pregnant mothers, there're some important points from the accompanying articles to note should any woman find herself in such a position.

(Please revisit Poultrygeist's post to see that you unfortunately have to be eligible for protection under the Employment Act first: be from "a managerial or an executive position who is in receipt of a salary not exceeding $2,500 a month (excluding overtime payments, bonus payments, annual wage supplements, productivity incentive payments and any allowance however described)".)

Advice from Straits Times:
If a woman loses her job while she is pregnant, she can file a complaint with the Labour Relations and Welfare Division of the Ministry of Manpower (MOM) by making an e-appointment through its website or write in to MOM by fax, email or mail. An officer then fixes an interview.

- If she lost her job during the protection period as specified in the law, MOM conducts an inquiry. If the company is not able to show any just cause for the dismissal, it may be asked to reinstate or compensate the employee.

- If the woman was dismissed outside the protection period, she can still complain to MOM, which then conducts a conciliation meeting between employer and employee to help solve the the dispute.

(To lodge a complaint with MOM or for more information, call 6438 5122)

("The New Rules," Straits Times, 8 Nov 2009.)
Labour Relations and Welfare Division, MOM: mom_lrd@mom.gov.sg

Online appointment for Consultation on Employment Act: http://app.etools.mom.gov.sg/appointment.aspx (you can find this link under MOM > Workplace Relations and Standards > Employment Standards > e-Services and Forms.)

Importantly, please note that to launch a complaint, a termination letter is necessary. Apparently, the deadline to complain with MOM is "within one month of their notification of dismissal".

So starting from the day you are asked to leave, you have one month to get the termination letter (if you haven't received one already) in order to have MOM take up the case with your employer.

If you do not fall under the definition for eligibility, we on the farm advise that you contact MOM immediately and seek their advice anyway.

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ETA:

If you're queasy about going straight to MCYS, or wish for a legal opinion, you may wish to contact AWARE or Law Society of Singapore Pro Bono Services Office.

AWARE:
1800-774-5935 (Mon-Fri, 1500hrs to 2130hrs)
helpline@aware.org.sg
AWARE also runs a free monthly legal clinic that will possibly give you some advice--every second Thursday of the month.

Law Society of Singapore:
6536-0650 (Mon-Fri, 0900hrs to 1745hrs)
ProBonoServices@lawsoc.org.sg
There's also a whole list of legal aid clinics that you can find at the Community Legal Clinic.