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Covid-19: Don’t confuse debate on merits of FTAs such as Ceca with S’pore’s obligations to let in foreigners

Some have sought to blame the spread of the B1617 strain of Covid-19 in Singapore on the arrival of persons from South Asian countries, including India.

The writer says that notwithstanding criticisms of the Government's rules on travel into Singapore, those rules have nothing to do with the city-state's obligations under any free-trade agreement.

The writer says that notwithstanding criticisms of the Government's rules on travel into Singapore, those rules have nothing to do with the city-state's obligations under any free-trade agreement.

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Some have sought to blame the spread of the B1617 strain of Covid-19 in Singapore on the arrival of persons from South Asian countries, including India. 

I would like to make a few comments about what the law has to say about entry into Singapore from such countries, particularly because there has been some confusion over Singapore's obligations under the India-Singapore Comprehensive Economic Cooperation Agreement (Ceca).

First, the rights of Singapore citizens and permanent residents (PRs) to enter Singapore from anywhere in the world, including India, have nothing to do with Ceca or any other free-trade agreement (FTA).

These rights stem exclusively from Singapore law. 

Under Article 13(1) of the Constitution, Singapore citizens have an absolute right to enter Singapore, no matter where in the world they are travelling from.

It would be unconstitutional to deny Singapore citizens entry into Singapore for any reason. 

Further, under section 9(1A) of the Immigration Act, it would be unlawful for the Government to bar a Singapore PR with a valid re-entry permit from entering Singapore (except on the narrow grounds of public security). 

Second, some appear to think that Ceca requires Singapore to allow foreigners (persons who are not Singapore citizens or PRs) to enter Singapore from India, in spite of the pandemic. This is untrue.

It is true that Chapter 9 of Ceca obliges Singapore to allow certain categories of citizens and PRs of India to enter Singapore for certain periods. 

But that obligation is not absolute.

Article 9.3 of Ceca makes clear that that obligation is subject to Singapore's right to impose "measures relating to public health and safety and national security". (Articles 9.4 and 9.5 allow Singapore to decide on, and impose, other conditions — for example, that the grant of work passes to foreigners be subject to the Fair Consideration Framework, which requires employers here to consider Singaporeans fairly for jobs.)

The same applies to other FTAs to which Singapore is a party. Some of these FTAs — such as Chapter 11 of the Singapore-Australia Free-Trade Agreement and Annex 10A of the Panama-Singapore Free-Trade Agreement — oblige Singapore to allow the entry of certain foreign nationals under certain conditions. 

But these FTAs do not prevent Singapore from restricting the entry of foreigners in the name of public health.

In short, whatever criticisms one may have of the Government's rules on travel from any part of the world into Singapore, those rules have nothing to do with Singapore's obligations under Ceca or, for that matter, any other FTA. 

The economic merits of any FTA may certainly be open to debate, as may the issue of whether the rules on foreigners entering Singapore sufficiently protect public health. 

But the two issues should not be confused.

ABOUT THE WRITER: 

Benjamin Joshua Ong is an assistant professor of law at the Singapore Management University’s Yong Pung How School of Law.

Have views on this issue or a news topic you care about? Send your letter to voices [at] mediacorp.com.sg with your full name, address and phone number.

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Ceca free trade agreement Singapore laws Covid-19 coronavirus

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