Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted the Government’s information that, in order to enhance the protection of young persons against commercial sexual exploitation in Singapore and other countries, the Government had envisaged enacting laws with extraterritorial effect to combat child sex tourism and make it an offence for nationals to sexually exploit “minors” overseas. The Committee notes the Government’s indication that the revision of the Penal Code has been completed and that amendments incorporating the provisions related to commercial sex with minors under 18 have come into force since February 2008. The Committee notes with interest that section 376C of the Penal Code, as amended, make it an offence for any Singaporean citizen or a permanent resident of Singapore to obtain for consideration the sexual services of a person under 18 years of age, outside Singapore. Moreover, according to section 376D, any person who makes or organizes child sex tours or transports any person to a place outside Singapore, to facilitate the commission of the offence under section 376C, shall be punished.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously noted the Government’s information that a legislative amendment would be introduced to make it an offence for a person (male or female) to purchase sexual services from another person, male or female, who is under 18 years. The Committee notes with interest that as per section 376B of the Penal Code, as amended, any person who obtains for consideration the sexual services of a person under 18 years of age shall be punished with imprisonment for up to seven years.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted section 7 of the Children and Young Persons Act (CYPA) which criminalizes obscene or indecent acts with a person under 16 years of age, and section 11 which prohibits children under 16 years from participating in public entertainment that is of an immoral nature. It had also noted that section 32 of the Films Act punishes anyone who procures a person under 16 years of age to make, reproduce, import, distribute, or advertise obscene films. The Committee further noted the Government’s indication that the term “act of an immoral nature” refers to: (i) any denigrating act or practice which leads a child to be made a subject of sexual exploitation or being involved in any activity with covert or explicit sexual connotations; and (ii) any act which causes a child to be viewed as a sexual object, or any activity with overtones of sex that is inappropriate for the child and detrimental to the child’s emotional and social well-being.

The Committee notes that by virtue of section 292 of the Penal Code, as amended, any person who: (a) sells, lets to hire, distributes, exhibits or circulates any obscene book, painting, representation or figure or data stored in a computer disc or any other obscene objects, or for purposes of sale or distribution, makes, produces or has in his possession any such obscene objects; or (b) imports, exports or transmits by electronic means any such obscene objects; or (c) takes part in or receives profits from any business related to the production and distribution of such obscene objects; or (d) advertises or makes known that any person is engaged or is ready to engage in any of the above acts or that any such obscene object can be procured from or through any person, shall be punished. The Committee also notes that section 376D(1)(c) of the Penal Code, as amended, carries penalties for any person who prints, publishes or distributes any information that is intended to promote any offence related to commercial sex with a minor under 18 years. Noting that these provisions do not cover the full range of prohibitions contemplated in Article 3(b), namely, the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances, the Committee urges the Government to take the necessary measures to bring the legislation into conformity with this Article.

Clause (c). Use, procuring or offering of a child for illicit activities. Causing or allowing children to be used for begging, gambling or other illicit activities. The Committee had previously noted that, according to section 6 of the CYPA, a person who causes or procures a person under 16 years of age to be in any street, premises or place for the purpose of begging or carrying out of illegal activities such as gambling or other activities detrimental to the health or welfare of the child, commits an offence. The Committee notes the Government’s statement that according to section 132 of the Casino Control Act, a minor under the age of 21 years shall not enter or remain, or take part in any gaming on any casino premises. It further notes the Government’s reference to section 3 of the Destitute Persons Act, according to which persons between 16 and 18 years who are found begging shall be delivered to the custody of the Director of Social Welfare for a social investigation and thereafter referred to reside in a welfare home or reunited with their family. The Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities, constitutes one of the worst forms of child labour and is therefore prohibited for children below 18 years of age. The Committee therefore once again requests the Government to take the necessary measures to extend the prohibition of using, procuring or offering of children for begging, to all persons under 18 years.

Clause (d) and Article 4, paragraph 1. Hazardous work. The Committee had previously noted section 11 of the CYPA which prohibits the employment of persons under 16 years of age in work hazardous to their morals or dangerous to their life or prejudicial to their health and physical fitness. It had also noted sections 6, 13, 14 and 15 of the Employment of Children and Young Persons Regulation (ECYPR) which contain provisions prohibiting the employment of persons under 16 years of age in certain types of hazardous work. The Committee had further noted with interest the Government’s information that the Workplace Safety and Health Act (WSHA), which came into effect on 1 March 2006, provides for particular protection for young workers under 18 years.

The Committee notes that the Workplace Safety and Health (General Provisions) Regulations 2006, issued pursuant to section 65 of the WSHA, prohibit persons under 20 years of age from examining, lubricating, adjusting or conducting any other operation of dangerous machinery without proper fencing or safety measures (section 13), and section 21(13) prohibits persons under 18 years of age from operating any lifting machine driven by mechanical power, and giving signals to the operator of any lifting machine. The Committee notes that according to section 65(5) of the WSHA, the Minister may make regulations: (a) prohibiting the employment of or modifying or limiting the hours of work of any person in connection with any manufacture, machinery, plant, process or description of work; (b) prescribing the limit or controlling the use of any material or process; (c) prescribing maximum weights which may be lifted, carried or moved by any person at work; (d) prescribing the qualifications and minimum age of, and the training to be received by, persons who are at work using any machinery or plant; and (e) prescribing the procedures to be undertaken before the work can be carried out. The Committee requests the Government to indicate whether any other regulations prohibiting the employment of young persons under 18 years in any of the types of work described under the WSHA, or restricting the hours of work, or maximum weights allowed for young persons under 18 years have been issued pursuant to section 65(5) of the WSHA. If so, it requests the Government to provide a copy thereof.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that in 2008, two cases were reported under section 376B of the Penal Code on offences related to the commercial sexual exploitation of persons under 18 years; and 54 cases were reported on trafficking in persons, out of which two cases resulted in convictions. The Committee requests the Government to indicate how many of the 54 cases of trafficking reported in 2008 were related to children under 18 years. It also requests the Government to continue to provide information on the worst forms of child labour, including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.