CMNT_TITLE

Forced Labour Convention, 1930 (No. 29) - Singapore (RATIFICATION: 1965)

Other comments on C029

Observation

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. Noting that the national plan of action for 2012–15, developed by the Inter-Agency Taskforce on Trafficking in Persons, provided for a review of all legislation related to trafficking in persons, the Committee requested the Government to pursue its efforts to strengthen the legal framework to combat trafficking. The Committee also requested the Government to provide information on the measures taken to prevent, suppress and combat trafficking in persons, and on the steps taken to assist and protect victims.

The Committee notes with interest the adoption of the Prevention of Human Trafficking Act 2014 (PHTA) in November 2014, which prohibits trafficking in persons and contains provisions regarding protection and assistance to victims of trafficking. The Government indicates that, under this Act, perpetrators are liable to imprisonment of up to ten years and to a fine for the first offence. The Committee further notes that, in the case of a second or subsequent offence, perpetrators are liable to imprisonment for a term not exceeding 15 years and to a fine (section 4). The Government indicates that from the enactment of the PHTA, on 1 March 2015, to the end of November 2018, there have been ten cases charged under this Act, out of which four have resulted in convictions for trafficking for sexual exploitation. Penalties included imprisonment ranging from 38 to 80 months, and fines. The other six cases are currently undergoing court proceedings; half involve trafficking for sexual exploitation and the other half involve trafficking for labour exploitation.

The Committee also notes the Government’s indication that the Inter-Agency Taskforce on Trafficking in Persons launched the National Approach against Trafficking in Persons (2016-2026), following the National Plan of Action against Trafficking in Persons (2012–15). The National Approach against Trafficking in Persons aims at: (i) preventing trafficking in persons, through public awareness raising and training of relevant stakeholders in identifying and dealing with trafficking in persons cases; (ii) comprehensively investigating and prosecuting all offenders who may be involved in trafficking or in the exploitation of victims; (iii) appropriately protecting and supporting all victims of trafficking; and (iv) developing domestic and international partnerships. The Government indicates that it works closely with civil society organisations to provide support services to victims of trafficking in persons and potential victims. The Committee notes that, in its concluding observations of 21 November 2017, the Committee on the Elimination of Discrimination against Women (CEDAW) remained concerned that Singapore continues to be a destination and transit country for trafficking in women and girls for purposes of sexual and labour exploitation and at the lack of access to sufficient measures of support and protection for victims of trafficking (CEDAW/C/SGP/CO/5, paragraph 22). The Committee welcomes the comprehensive measures taken to combat trafficking in persons, and encourages the Government to continue to provide information on the application of the PHTA in practice, including the number of investigations, prosecutions, convictions and to specify the penalties imposed. The Committee requests the Government to indicate the manner in which the desired outcomes of the National Approach against Trafficking in persons 2016-2026 have been implemented and their impact in preventing trafficking in persons in practice. Lastly, the Committee requests the Government to provide information on the number of victims of trafficking who have benefitted from protection and assistance.

2. Vulnerable situation of migrant domestic workers with regard to the exaction of forced labour. The Committee notes that the Employment of Foreign Manpower (work passes) Regulations 2012 provides that foreign employees who are issued with a work permit shall work only in the occupation and sector and for the employer specified in the work permit (Fourth Schedule, Part VI, paragraph 1). The Committee thus notes that migrant workers have a legal status tied to a particular employer, which has sponsored the worker. According to the information available on the website of the Ministry of Manpower, there were 972,600 migrant workers benefiting from a work permit in Singapore in December 2018, out of which 253,800 were migrant domestic workers. The Ministry of Manpower also indicates that every employer has to pay a security bond of up to 5,000 Singaporean dollars for each foreign domestic worker hired, which may be forfeited if the worker violates any of the conditions of the work permit or if he/she goes missing.

The Committee further notes that the CEDAW, in its concluding observations of 21 November 2017, was concerned at ongoing allegations related to the exploitation and abuse of female domestic workers by their employers, including non-payment of salaries, deprivation of food and adequate rest, confiscation of passports, restrictions on freedom of movement and sexual, physical, verbal and psychological abuse (CEDAW/C/SGP/CO/5, paragraph 34). Recalling the importance of taking effective action to ensure that the rules governing the employment scheme for migrant workers do not place the workers concerned in a situation of increased vulnerability, the Committee requests the Government to provide information on the measures taken to ensure that migrant domestic workers are fully protected from abusive practices and conditions that could amount to the exaction of forced labour. The Committee also requests the Government to provide information on the existing measures allowing migrant domestic workers victims of abusive practices to assert their rights effectively and to be protected.

Articles 1(1) and 2(1) of the Convention. Work exacted from destitute persons in welfare homes. The Committee previously noted that, according to the Destitute Persons Act, 1989, destitute persons may be required, subject to penal sanctions, to reside in a welfare home (sections 3 and 16) and to engage in any suitable work for which the medical officer of the home certifies them to be capable (section 13). It noted the Government’s statement that the work skills programme, which aims at providing residents with skills for independent living, requires written consent from the residents who are willing to work and that residents receive an allowance or income for the work performed. The Committee accordingly encouraged the Government to bring section 13 of the Destitute Persons Act into line with both the indicated practice and the Convention.

The Government reiterates its statement, in its report, that welfare home residents have to be certified medically fit for work and have to provide their consent before being placed on work schemes. The Committee takes due note of the copies of signed documents indicating the consent to work of the residents of welfare homes, communicated by the Government along with its report. In this regard, the Government indicates that regular audits are made by Ministry of Social and Family Development staff including the review of samples of the signed consent forms and the interview of some residents, to understand any concerns that they may have regarding their treatment in welfare homes. Accordingly, the Committee requests the Government to indicate any measures taken to align section 13 of the Destitute Persons Act with both the Convention and the indicated practice, according to which the residents express their consent to perform work.