New racial harmony bill imposes stricter controls on race-based associations

Singapore’s Maintenance of Racial Harmony Bill consolidates existing statutes to preserve racial harmony.

Authorities can now issue restraining orders against individuals who create content that threatens racial harmony in Singapore, following the new Maintenance of Racial Harmony Bill.

Passed on February 4, it consolidates existing laws without major operational changes.

“The bill is very much inspired by the Maintenance of Religious Harmony Act,” said Eugene Tan, Associate Professor at Singapore Management University. “It gives the authorities a variety of means by which to deal with the varying threats to racial harmony. The law is also concerned about foreign interference in race-based organizations because Singapore's racial makeup is a potential vulnerability that foreign actors with ill intent could exploit.”  

While the legislation does not drastically change current practices, it introduces crucial measures for race-based business associations, according to Khairil Suhairee, Partner, Corporate Commercial at Rajah & Tann Singapore.

“There’s a need to disclose any donations received by the entities, as well as any foreign affiliations,” Suhairee explained. “Additionally, at least half of the leadership in these organisations must be Singapore citizens.”  

Suhairee added that the government now has the option to impose a Foreign Influence Restraining Order. “The government can require race-based organizations to return donations, declare donations, and prohibit certain individuals from being involved with the organization,” he said.  

Tan elaborated on the scope of these disclosure requirements. “This disclosure regime would apply only to designated race-based organizations. If you are not designated under this particular law, the disclosure requirements do not apply to you,” Tan stated.  

Tan further emphasised the significance of these measures. “The requirement to disclose foreign donations and affiliations reminds organizations to be mindful of potential avenues for manipulation. We still have to wait for subsidiary legislation to specify the quantum, but this makes organisations more conscious of where the money is coming from and what it could seek to do,” he said.  

In terms of impact, Suhairee mentioned that Minister Shanmugam previously said that around 300 race-based organisations would be affected by these control measures. However, trade-based racial business associations remain limited in number.