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

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
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 (2016–26), 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 organizations 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 2016–26 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 benefited 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.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013.
Repetition
Articles 1(1) and 2(1) of the Convention. Legislation concerning destitute persons. In its previous comments, the Committee referred to provisions of the Destitute Persons Act, 1989, under which 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, either with a view to fitting them for employment outside the welfare home or with a view to contributing to their maintenance in the welfare home (section 13). In this regard, the Committee pointed out that the imposition of labour under the Destitute Persons Act, 1989, comes under the definition of “forced or compulsory labour” in Article 2(1) of the Convention, and that the Convention makes no exception for labour imposed “in the context of rehabilitation” of destitute persons.
The Committee notes the Government’s statement that rehabilitation programmes are in place in welfare homes to help residents reintegrate back into the community, and this programme includes imparting residents with social, work and life skills. The Government states that the work skills programme in welfare homes is aimed at preparing residents for their reintegration into the community by providing them with skills for independent living. This programme requires voluntary cooperation and participation from residents, and no coercion is employed. In 2012, 24 per cent of welfare home residents were involved in the works skills programme, working voluntarily from one to four hours for a few days a week. Residents must be certified medically fit to carry out work and give their signed consent before they are placed in the work skills programme. They also receive an allowance or income for the work performed. Noting that, in practice, the work performed appears to be voluntary, the Committee encourages the Government to take measures to bring section 13 of the Destitute Persons Act into line with both the indicated practice and the Convention. Pending the adoption of such measures, the Committee requests the Government to provide examples of signed documents indicating the consent to work of the residents of welfare homes.
Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee notes that the Singapore Inter-Agency Taskforce on Trafficking in Persons was established in 2010, in recognition of the threat of trafficking in persons in the country. In 2012, this Taskforce launched a national plan of action for 2012–15. According to this national plan of action, human trafficking offences are addressed in various pieces of legislation, including the Penal Code and the Women’s Charter, and a review of all legislation related to trafficking will be undertaken to ensure that the necessary legislative framework is in place to combat this phenomenon. The Committee also notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 10 August 2011, expressed concern regarding the continuing prevalence of trafficking in women and girls in the country, as well as the lack of a comprehensive legal framework to combat trafficking and provide protection for victims (CEDAW/C/SGP/CO/4, paragraph 25). The Committee expresses the firm hope that the Government will pursue its efforts, within the framework of the national plan of action for 2012–15, to strengthen the legal framework to combat trafficking in persons. The Committee requests the Government to provide, in its next report, information on the measures taken to prevent, suppress and combat trafficking in persons, as well as steps taken to provide appropriate assistance and protection to victims. Lastly, it requests the Government to provide information on the application of the existing national legislation in practice, including the number of prosecutions, convictions and the specific penalties applied.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.
Repetition
Articles 1(1) and 2(1) of the Convention. Legislation concerning destitute persons. In its previous comments, the Committee referred to provisions of the Destitute Persons Act, 1989, under which 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, either with a view to fitting them for employment outside the welfare home or with a view to contributing to their maintenance in the welfare home (section 13). In this regard, the Committee pointed out that the imposition of labour under the Destitute Persons Act, 1989, comes under the definition of “forced or compulsory labour” in Article 2(1) of the Convention, and that the Convention makes no exception for labour imposed “in the context of rehabilitation” of destitute persons.
The Committee notes the Government’s statement that rehabilitation programmes are in place in welfare homes to help residents reintegrate back into the community, and this programme includes imparting residents with social, work and life skills. The Government states that the work skills programme in welfare homes is aimed at preparing residents for their reintegration into the community by providing them with skills for independent living. This programme requires voluntary cooperation and participation from residents, and no coercion is employed. In 2012, 24 per cent of welfare home residents were involved in the works skills programme, working voluntarily from one to four hours for a few days a week. Residents must be certified medically fit to carry out work and give their signed consent before they are placed in the work skills programme. They also receive an allowance or income for the work performed. Noting that, in practice, the work performed appears to be voluntary, the Committee encourages the Government to take measures to bring section 13 of the Destitute Persons Act into line with both the indicated practice and the Convention. Pending the adoption of such measures, the Committee requests the Government to provide examples of signed documents indicating the consent to work of the residents of welfare homes.
Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee notes that the Singapore Inter-Agency Taskforce on Trafficking in Persons was established in 2010, in recognition of the threat of trafficking in persons in the country. In 2012, this Taskforce launched a national plan of action for 2012–15. According to this national plan of action, human trafficking offences are addressed in various pieces of legislation, including the Penal Code and the Women’s Charter, and a review of all legislation related to trafficking will be undertaken to ensure that the necessary legislative framework is in place to combat this phenomenon. The Committee also notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 10 August 2011, expressed concern regarding the continuing prevalence of trafficking in women and girls in the country, as well as the lack of a comprehensive legal framework to combat trafficking and provide protection for victims (CEDAW/C/SGP/CO/4, paragraph 25). The Committee expresses the firm hope that the Government will pursue its efforts, within the framework of the national plan of action for 2012–15, to strengthen the legal framework to combat trafficking in persons. The Committee requests the Government to provide, in its next report, information on the measures taken to prevent, suppress and combat trafficking in persons, as well as steps taken to provide appropriate assistance and protection to victims. Lastly, it requests the Government to provide information on the application of the existing national legislation in practice, including the number of prosecutions, convictions and the specific penalties applied.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Articles 1(1) and 2(1) of the Convention. Legislation concerning destitute persons. In its previous comments, the Committee referred to provisions of the Destitute Persons Act, 1989, under which 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, either with a view to fitting them for employment outside the welfare home or with a view to contributing to their maintenance in the welfare home (section 13). In this regard, the Committee pointed out that the imposition of labour under the Destitute Persons Act, 1989, comes under the definition of “forced or compulsory labour” in Article 2(1) of the Convention, and that the Convention makes no exception for labour imposed “in the context of rehabilitation” of destitute persons.
The Committee notes the Government’s statement that rehabilitation programmes are in place in welfare homes to help residents reintegrate back into the community, and this programme includes imparting residents with social, work and life skills. The Government states that the work skills programme in welfare homes is aimed at preparing residents for their reintegration into the community by providing them with skills for independent living. This programme requires voluntary cooperation and participation from residents, and no coercion is employed. In 2012, 24 per cent of welfare home residents were involved in the works skills programme, working voluntarily from one to four hours for a few days a week. Residents must be certified medically fit to carry out work and give their signed consent before they are placed in the work skills programme. They also receive an allowance or income for the work performed. Noting that, in practice, the work performed appears to be voluntary, the Committee encourages the Government to take measures to bring section 13 of the Destitute Persons Act into line with both the indicated practice and the Convention. Pending the adoption of such measures, the Committee requests the Government to provide examples of signed documents indicating the consent to work of the residents of welfare homes.
Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee notes that the Singapore Inter-Agency Taskforce on Trafficking in Persons was established in 2010, in recognition of the threat of trafficking in persons in the country. In 2012, this Taskforce launched a national plan of action for 2012–15. According to this national plan of action, human trafficking offences are addressed in various pieces of legislation, including the Penal Code and the Women’s Charter, and a review of all legislation related to trafficking will be undertaken to ensure that the necessary legislative framework is in place to combat this phenomenon. The Committee also notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 10 August 2011, expressed concern regarding the continuing prevalence of trafficking in women and girls in the country, as well as the lack of a comprehensive legal framework to combat trafficking and provide protection for victims (CEDAW/C/SGP/CO/4, paragraph 25). The Committee expresses the firm hope that the Government will pursue its efforts, within the framework of the national plan of action for 2012–15, to strengthen the legal framework to combat trafficking in persons. The Committee requests the Government to provide, in its next report, information on the measures taken to prevent, suppress and combat trafficking in persons, as well as steps taken to provide appropriate assistance and protection to victims. Lastly, it requests the Government to provide information on the application of the existing national legislation in practice, including the number of prosecutions, convictions and the specific penalties applied.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1(1) and 2(1) of the Convention. Legislation concerning destitute persons. In its previous comments, the Committee referred to provisions of the Destitute Persons Act, 1989, under which 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, either with a view to fitting them for employment outside the welfare home or with a view to contributing to their maintenance in the welfare home (section 13). In this regard, the Committee pointed out that the imposition of labour under the Destitute Persons Act, 1989, comes under the definition of “forced or compulsory labour” in Article 2(1) of the Convention, and that the Convention makes no exception for labour imposed “in the context of rehabilitation” of destitute persons.
The Committee notes the Government’s statement that rehabilitation programmes are in place in welfare homes to help residents reintegrate back into the community, and this programme includes imparting residents with social, work and life skills. The Government states that the work skills programme in welfare homes is aimed at preparing residents for their reintegration into the community by providing them with skills for independent living. This programme requires voluntary cooperation and participation from residents, and no coercion is employed. In 2012, 24 per cent of welfare home residents were involved in the works skills programme, working voluntarily from one to four hours for a few days a week. Residents must be certified medically fit to carry out work and give their signed consent before they are placed in the work skills programme. They also receive an allowance or income for the work performed. Noting that, in practice, the work performed appears to be voluntary, the Committee encourages the Government to take measures to bring section 13 of the Destitute Persons Act into line with both the indicated practice and the Convention. Pending the adoption of such measures, the Committee requests the Government to provide examples of signed documents indicating the consent to work of the residents of welfare homes.
Articles 1(1), 2(1) and 25. Trafficking in persons The Committee notes that the Singapore Inter-Agency Taskforce on Trafficking in Persons was established in 2010, in recognition of the threat of trafficking in persons in the country. In 2012, this Taskforce launched a national plan of action for 2012–15. According to this national plan of action, human trafficking offences are addressed in various pieces of legislation, including the Penal Code and the Women’s Charter, and a review of all legislation related to trafficking will be undertaken to ensure that the necessary legislative framework is in place to combat this phenomenon. The Committee also notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 10 August 2011, expressed concern regarding the continuing prevalence of trafficking in women and girls in the country, as well as the lack of a comprehensive legal framework to combat trafficking and provide protection for victims (CEDAW/C/SGP/CO/4, paragraph 25). The Committee expresses the firm hope that the Government will pursue its efforts, within the framework of the national plan of action for 2012–15, to strengthen the legal framework to combat trafficking in persons. The Committee requests the Government to provide, in its next report, information on the measures taken to prevent, suppress and combat trafficking in persons, as well as steps taken to provide appropriate assistance and protection to victims. Lastly, it requests the Government to provide information on the application of the existing national legislation in practice, including the number of prosecutions, convictions and the specific penalties applied.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1(1) and 2(1) of the Convention. Legislation concerning destitute persons. For many years the Committee has been referring to certain provisions of the Destitute Persons Act, 1989, under which 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, either with a view to fitting them for employment outside the welfare home or with a view to contributing to their maintenance in the welfare home (section 13).
The Committee has pointed out that the imposition of labour under the Destitute Persons Act, 1989, comes under the definition of “forced or compulsory labour” in Article 2(1) of the Convention, and that the Convention makes no exception for labour imposed “in the context of rehabilitation” of destitute persons. While noting the Government’s repeated indications in its reports that, in practice, no coercion is involved, since residents in the welfare home perform work with their consent and receive payment for the work done, the Committee asked the Government to bring the legislative provisions into conformity with the Convention, so as to ensure compliance both in law and in practice.
The Committee previously noted the Government’s intention expressed in its 2006 report to amend the Act in order to better articulate the voluntary nature of the activity. However, the Committee notes that the Government’s latest report contains no information on any developments of this kind. The Committee trusts that section 13 of the Destitute Persons Act will at last be amended so as to provide clearly that any work in a welfare home should be carried out voluntarily, thus bringing the abovementioned legislation into conformity with the Convention and the indicated practice, and that the Government will soon be in a position to provide information on the progress achieved in this regard.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. Legislation concerning destitute persons. For many years the Committee has been referring to certain provisions of the Destitute Persons Act, 1989, under which 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, either with a view to fitting them for employment outside the welfare home or with a view to contributing to their maintenance in the welfare home (section 13).

The Committee points out once again that the imposition of labour under the Destitute Persons Act, 1989, comes under the definition of “forced or compulsory labour” in Article 2(1) of the Convention, and that the Convention makes no exception for labour imposed “in the context of rehabilitation” of destitute persons.

The Committee has noted the Government’s repeated indications in its reports that, in practice, residents in the welfare home are not compelled to work and are only assigned chores after they have given their written consent; they also receive payment for their participation. While noting these indications, the Committee drew the Government’s attention on several occasions to the necessity to bring the legislative provisions into conformity with the Convention, so as to ensure compliance both in law and in practice.

The Committee previously noted the Government’s statement in its 2006 report that it would be reviewing the necessity to amend section 13 of the Act to better articulate the voluntary nature of the activity, and that this exercise was expected to be completed in 2008. However, the Committee notes from the Government’s latest report that there has been no developments in this field during the reporting period.

The Committee reiterates the firm hope that section 13 of the Act will at last be amended so as to provide clearly that any work in a welfare home is to be performed voluntarily, thus bringing the abovementioned legislation into conformity with the Convention and the indicated practice, and that the Government will soon be in a position to provide information on the progress achieved in this regard.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 1(1) and 2(1) of the Convention. Legislation concerning destitute persons. Over a number of years, the Committee has been referring to certain provisions of the Destitute Persons Act 1989 (which repeated without change some provisions of the Destitute Persons Act 1965), under which 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, either with a view to fitting them for employment outside the welfare home or with a view to contributing to their maintenance in the welfare home (section 13).

The Committee has previously pointed out that the imposition of labour under the Destitute Persons Act 1989, comes under the definition of “forced or compulsory labour” in Article 2(1) of the Convention, and that the Convention makes no exception for labour imposed “in the context of rehabilitation” of destitute persons.

The Committee previously noted the Government’s repeated indication that section 13 of the Act should be interpreted in the context of rehabilitative services for destitute persons and that, in practice, residents in the welfare home are not compelled to work and are only assigned chores after they have given their written consent, and also received payment for their participation. While noting these indications concerning the current practice under the Destitute Persons Act 1989, which appears to be in conformity with the Convention, the Committee previously drew the Government’s attention to the necessity to bring the legislative provisions into conformity with the Convention, so as to ensure compliance both in law and in practice.

The Committee notes the Government’s statement in its latest report that it will be reviewing the necessity to amend section 13 of the Act to better articulate the voluntary nature of the activity in its current review of the Act, which is expected to be completed by early 2008. The Committee therefore expresses the firm hope that section 13 of the Act will soon be amended so as to provide clearly that any work in a welfare home is to be done voluntarily, thus bringing the abovementioned legislation into conformity with the Convention and the indicated practice. The Committee asks the Government to provide, in its next report, information on the progress made in this regard.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee has noted the information supplied by the Government concerning conditions of work in prison workshops under the Public Sector Participation Scheme operated by the Singapore Corporation of Rehabilitative Enterprises (SCORE). It has also noted the Prisons (Employment) Regulations (Chapter 247, section 84, of the Prisons Act) annexed to the report. The Committee again requests the Government to supply, with its next report, copies of the latest updated texts of the Prisons’ Act and Prisons’ Rules.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Articles 1(1) and 2(1) of the Convention. Over a number of years the Committee has been referring to sections 3 and 16 of the Destitute Persons Act, 1989 (which repeated without change certain provisions of the Destitute Persons Act, 1965), under which any destitute person may be required, subject to penal sanctions, to reside in a welfare home, and to section 13 of the same Act, under which any person resident in such a home may be required to engage in any suitable work for which the medical officer of the home certifies him to be capable, either with a view to fitting him for an employment outside the welfare home or with a view to contributing to his maintenance in the welfare home.

The Committee pointed out that the imposition of labour under the Destitute Persons Act, 1989, comes under the definition of "forced or compulsory labour" in Article 2(1) of the Convention, and that the Convention makes no exception for labour imposed "in the context of rehabilitation" of destitute persons.

The Committee has noted the Government’s repeated indications that section 13 of the Act should be interpreted in the context of rehabilitative services for destitute persons, and that, in practice, residents in the welfare home are not compelled to work and are only assigned chores after they have given their written consent, and also receive payment for their participation. The Government considers that, since residents are not forced to work, the provision in question does not violate the Convention.

While noting that the current practice under the Destitute Persons Act, 1989, which appears to be in conformity with the Convention, the Committee again draws the Government’s attention to the need to bring the legislative provisions into conformity with the Convention, so as to ensure compliance both in law and in practice. Recalling also that the question of work imposed on destitute persons has been the subject of comments since 1970, the Committee trusts that the necessary measures will at last be taken with a view to amending the wording of section 13 of the Act so as to provide clearly that any work in a welfare home is to be done voluntarily, thus bringing the abovementioned legislation into conformity with the Convention and the indicated practice. The Committee asks the Government to provide, in its next report, information on the progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee has noted the information supplied by the Government concerning conditions of work in prison workshops under the Public Sector Participation Scheme operated by the Singapore Corporation of Rehabilitative Enterprises (SCORE). It has also noted the Prisons (Employment) Regulations (Chapter 247, section 84, of the Prisons Act) annexed to the report. The Committee again requests the Government to supply, with its next report, copies of the latest updated texts of the Prisons’ Act and Prisons’ Rules.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Articles 1(1) and 2(1) of the Convention. Over a number of years the Committee has been referring to sections 3 and 16 of the Destitute Persons Act, 1989 (which repeated without change certain provisions of the Destitute Persons Act, 1965), under which any destitute person may be required, subject to penal sanctions, to reside in a welfare home, and to section 13 of the same Act, under which any person resident in such a home may be required to engage in any suitable work for which the medical officer of the home certifies him to be capable, either with a view to fitting him for an employment outside the welfare home or with a view to contributing to his maintenance in the welfare home.

The Committee pointed out that the imposition of labour under the Destitute Persons Act, 1989, comes under the definition of "forced or compulsory labour" in Article 2(1) of the Convention, and that the Convention makes no exception for labour imposed "in the context of rehabilitation" of destitute persons.

The Committee has noted the Government’s repeated indications that section 13 of the Act should be interpreted in the context of rehabilitative services for destitute persons, and that, in practice, residents in the welfare home are not compelled to work and are only assigned chores after they have given their written consent, and also receive payment for their participation. The Government considers that, since residents are not forced to work, the provision in question does not violate the Convention.

While noting that the current practice under the Destitute Persons Act, 1989, which appears to be in conformity with the Convention, the Committee again draws the Government’s attention to the need to bring the legislative provisions into conformity with the Convention, so as to ensure compliance both in law and in practice. Recalling also that the question of work imposed on destitute persons has been the subject of comments since 1970, the Committee trusts that the necessary measures will at last be taken with a view to amending the wording of section 13 of the Act so as to provide clearly that any work in a welfare home is to be done voluntarily, thus bringing the abovementioned legislation into conformity with the Convention and the indicated practice. The Committee asks the Government to provide, in its next report, information on the progress made in this regard.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee previously noted from the Government’s report of 2000 that, under the Public Sector Participation Scheme operated by the Singapore Corporation of Rehabilitative Enterprises (SCORE), private companies may set up production bases in prison workshops using inmate labour. It also noted the Government’s indications that prisoners are not compelled to work in workshops, that work is voluntary and the prisoners will not be punished if they do not wish to work, that working conditions approximate outside working conditions and prisoners are paid from public funds by the SCORE.

Noting the Government’s statement in its latest report that work is given to prisoners as part of rehabilitation and the objective of the prison system in Singapore is to help to rehabilitate and to reintegrate inmates into society, the Committee again requests the Government to supply, with its next report, copies of the provisions governing the work of prisoners under the abovementioned scheme operated by the SCORE, including those concerning wages and other conditions of work. Please also supply copies of the latest updated texts of the Prisons’ Act and Prisons’ Rules.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in reply to its earlier comments.

Articles 1(1) and 2(1) of the Convention. Over a number of years the Committee has been commenting on the Destitute Persons Act, 1989, which repeated without change certain provisions of the Destitute Persons Act, 1965. Under sections 3 and 16 of the 1989 Act, any destitute person may be required, subject to penal sanctions, to reside in a welfare home, and under section 13 of the same Act any person resident in such a home may be required to engage in any suitable work for which the medical officer of the home certifies him to be capable, either with a view to fitting him for an employment outside the welfare home or with a view to contributing to his maintenance in the welfare home.

The Committee recalled that, under Article 2, paragraph 1, of the Convention, the term "forced or compulsory labour" shall mean all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily. It pointed out that the imposition of labour under the Destitute Persons Act, 1989, comes under this definition, and the Convention makes no exception for labour imposed "in the context of rehabilitation" of destitute persons.

The Committee notes the Government’s renewed statement that section 13 of the Act should be interpreted in the context of rehabilitative service for the destitute persons. The Government also indicates that, under the current practice, only residents in the welfare home who give their written consent will participate in the work-training and employment schemes after medical clearance, and that participants of the various work schemes would receive payment for their participation.

Whilst the current practice in relation to the Destitute Persons Act would appear to be in conformity with the Convention, in that consent is obtained from the residents and they are paid, it is still a requirement that the legislation should also be brought into conformity with the Convention.

Recalling also that the question of work imposed on destitute persons has been the subject of comments since 1970, the Committee expresses firm hope that appropriate steps will be taken with a view to amending section 13 of the Act so as to make any work in a welfare home to be done voluntarily, thus bringing the abovementioned legislation into conformity with the Convention and the indicated practice. The Committee asks the Government to provide, in its next report, information on the action taken to this end.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has noted from the Government’s reply to its general observation of 1998 that, under the public sector participation scheme operated by the Singapore Corporation of Rehabilitative Enterprises (SCORE), private companies may set up production bases in prison workshops using inmate labour. The Government indicates that prisoners are not compelled to work in workshops, that work is voluntary and the prisoners will not be punished if they do not wish to work. It states that all workshops in prisons operate like private enterprises and the working conditions approximate outside working conditions, prisoners are paid from public funds by the SCORE, which is a statutory body.

The Committee requests the Government to supply, with its next report, copies of the provisions governing the work of prisoners under the abovementioned scheme operated by the SCORE, including those concerning wages and other conditions of work.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has noted the Government’s report.

Articles 1(1) and 2(1) of the Convention. Over a number of years the Committee has been commenting on the Destitute Persons Act, 1989, which repeated without change certain provisions of the Destitute Persons Act, 1965. Under sections 3 and 16 of the 1989 Act, any destitute person may be required, subject to penal sanctions, to reside in a welfare home, and under section 13 of the same Act any person resident in such a home may be required to engage in any suitable work for which the medical officer of the home certifies him to be capable, either with a view to fitting him for an employment outside the welfare home or with a view to contributing to his maintenance in the welfare home.

The Committee has noted the Government’s repeated statement that section 13 of the Act should be interpreted in the context of rehabilitation of the destitute persons and does not therefore constitute forced labour. The Government also states that imprisonment as a penalty for leaving the welfare home without permission does not involve compulsory labour.

The Committee recalls that, under Article 2, paragraph 1, of the Convention, the term "forced or compulsory labour" shall mean all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily. The imposition of labour under the Destitute Persons Act, 1989, comes under this definition, and the Convention makes no exception for labour imposed "in the context of rehabilitation" of destitute persons. The Committee therefore expresses firm hope that measures will be taken in the near future to bring the abovementioned legislation into conformity with the Convention, either by making the admission of destitute persons to a welfare home and their stay therein (if it implies an obligation to work) subject to their consent or by amending section 13 of the Act so as to make any work in such homes to be done voluntarily.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 1(1) and Article 2(1) and (2), of the Convention. In previous observations, the Committee referred to the Destitute Persons Act, 1989. Section 13 of the Act puts a work requirement on destitute persons placed in welfare homes under section 3; and section 16 envisages sanctions of imprisonment -- involving compulsory work -- for leaving a welfare home without permission.

The Committee has again noted the Government's indications that the aim is rehabilitation; there is regular review of cases; the scheme proceeds by encouragement; work includes light jobs and training; competitive wages and conditions of employment apply; and no resident is forced to work. Of 653 residents as of June 1998 (compared with 1,203 two years before), 175 were engaged in the home employment scheme and 18 in the day release work.

The Committee notes with interest the significant drop in numbers of persons subjected to the Act. It hopes the Government will indicate further developments in this respect, but also that it will take appropriate steps in the near future to bring the above-mentioned legislation into line with the Convention.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report. The Committee previously noted that the Destitute Persons Act, 1989, repeated without change certain provisions of the Destitute Persons Act, 1965, that had been the subject of comments for several years. Under sections 3 and 16 of the new Act, any destitute person may be required, subject to penal sanctions, to reside in a welfare home, and under section 13 of the same Act any person resident in such a home may be required to engage in any suitable work for which the medical officer of the home certifies him to be capable, either with a view to fitting him for an employment outside the welfare home or with a view to contributing to his maintenance in the welfare home.

The Committee notes the indication in the Government's report that the Destitute Persons Act, 1989, is not a penal legislation and that it is a social legislation providing for the shelter, care and protection of destitute persons who have no means of subsistence or place of residence. The Committee also notes the Government's repeated indication that the residents of the welfare home are encouraged to participate in the day-release scheme, sheltered workshops and the general maintenance of the home, despite the provision in the Act (section 13) which mentions a compulsory participation of the home residents in various activities.

The Government adds that as a form of encouragement residents participating in the home maintenance activities are given an allowance. The residents can spend this allowance. Residents placed to work outside the home under the day-release scheme are paid by their employers. They enjoy the same salary and conditions of employment as any worker engaged in the open market. Those who are able to cope with life in the community are eventually discharged after a trial period.

The Committee takes due note of these indications. It recalls its comment made in 1976 in which it noted with interest that Rule 23 of the Destitute Persons (Welfare Homes) Rules had been amended to conform with the requirements of the Convention. Compliance with the Convention requires the admittance of destitute persons to a welfare home and their stay therein (if it implies an obligation to work) to be subject to their consent and/or any work in such homes to be done voluntarily both in law and in practice.

The Committee hopes that measures will also be taken to bring the Destitute Persons Act, 1989, into conformity with the Convention.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matter:

The Committee noted the detailed explanations supplied by the Government in its report for the period ending 30 June 1991 in response to the Committee's previous comments. The Committee had noted that the Destitute Persons Act, 1989, repeated without change some provisions of sections on which it had been commenting for several years. Under sections 3 and 16 of the new Act, any indigent person may be required, subject to penal sanctions, to reside in a Welfare Home, and under section 13 of the same Act any person resident in such a Home may be required to engage in any suitable work. The Committee noted in this connection that, according to the Government, Welfare Homes were meant for the rehabilitation of destitute persons who could not fend for themselves, and that they were not penal institutions. The Government stated that it was not mandatory for residents in such Homes to work. Moreover, work in such Homes was intended either to prepare the person concerned for employment, in which case the salary and working conditions prevailing in the market applied to work done outside the Home, or as a contribution, for a few hours a day, to maintenance in the Home. The Government explained that the Destitute Persons Act was designed to provide shelter for homeless persons and those without means of subsistence. In August 1991 three Welfare Homes were housing 1,431 residents, 433 of whom were participating in the Home Employment Programme and 221 in the Day Release Programme. While appreciative of the Government's efforts to assist the persons concerned, the Committee noted that the terms of the Act were highly coercive; it pointed out that compliance with the Convention required that the admittance of destitute persons to a Welfare Home and their stay therein should be subject to their consent and that any work in such Homes should be done voluntarily both de jure and de facto. The Committee again expresses the hope that the necessary measures will be taken to bring the law into conformity with the Convention; it asks the Government to continue supplying detailed information on the practical application of the provisions concerning Welfare Homes.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the detailed explanations supplied by the Government in its report in response to the Committee's previous comments. The Committee had noted that the Destitute Persons Act, 1989, repeated without change some provisions of sections on which it had been commenting for several years. Under sections 3 and 16 of the new Act, any indigent person may be required, subject to penal sanctions, to reside in a Welfare Home, and under section 13 of the same Act any person resident in such a Home may be required to engage in any suitable work.

The Committee notes in this connection that, according to the Government, Welfare Homes are meant for the rehabilitation of destitute persons who cannot fend for themselves, and that they are not penal institutions. The Government states that it is not mandatory for residents in such Homes to work. Moreover, work in such Homes is intended either to prepare the person concerned for employment, in which case the salary and working conditions prevailing in the market apply to work done outside the Home, or as a contribution, for a few hours a day, to maintenance in the Home.

The Government explains that the Destitute Persons Act is designed to provide shelter for homeless persons and those without means of subsistence. In August 1991 three Welfare Homes were housing 1,431 residents, 433 of whom were participating in the Home Employment Programme and 221 in the Day Release Programme.

While appreciative of the Government's efforts to assist the persons concerned, the Committee notes that the terms of the Act are highly coercive; it points out that compliance with the Convention requires that the admittance of destitute persons to a Welfare Home and their stay therein should be subject to their consent and that any work in such Homes should be done voluntarily both de jure and de facto.

The Committee hopes that the necessary measures will be taken to bring the law into conformity with the Convention; it asks the Government to continue supplying detailed information on the practical application of the provisions concerning Welfare Homes.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

In earlier comments, the Committee noted that, under sections 3 and 13 of the Destitute Persons Act, 1965 (Chapter 78 of the 1985 revised edition of the Laws of Singapore), any destitute person may be required subject to penal sanctions to reside in a welfare home and under section 10 of the Act any person residing in a welfare home may be required to engage in any suitable work. Noting the assurances given by the Government that no destitute person who had a home to go to or could be provided with alternative accommodation was admitted to a welfare home against his will and that in actual practice no resident was ever forced or compelled to work within or outside the welfare home, the Committee expressed the hope that, on an appropriate occasion, section 10 of the Destitute Persons Act would be amended so as to bring it into conformity with actual practice and the Convention, and that the Government would indicate in its future reports any action taken on the matter.

The Committee notes from the Government's report for the period ending June 1989 that the Destitute Persons Act, 1989, repeals and re-enacts with amendments the Destitute Persons Act (Chapter 78), effective 1 May 1989. Under sections 3 and 16 of the new Act, any destitute person may be required subject to penal sanctions to reside in a welfare home and under section 13 of the Act any person residing in a welfare home may be required to engage in any suitable work.

Recalling that the question of work imposed on destitute persons has been the subject of comments since 1970, the Committee expresses its concern that on this matter there has been no substantial modification in law on the occasion of the replacement of the Destitute Persons Act, 1965 by the 1989 Act. As the Committee has indicated previously, compliance with the Convention may be achieved either by making the admission of destitute persons to a welfare home and their continued stay there subject to their consent, or by amending the Act so as to make all work voluntary in law as well as in fact.

The Committee hopes that the necessary measures will be taken to bring the law into conformity with the Convention, and, pending such action, the Government is requested to supply information on the practical application of the provisions relative to welfare homes, including the number of persons currently residing in the homes, the number currently working under section 13 of the Act, and the terms and conditions of their employment.

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