Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Singapour (Ratification: 2001)

The Committee takes note of the Government’s first report. The Committee requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the Government’s indication that, there are no reported cases of children trafficked into Singapore. The Committee observes that, by virtue of section 370 of the Penal Code, it is a criminal offence to import, export, remove, buy, sell, or dispose of a person as a slave, or to accept, receive or detain a person as a slave against that person’s will. It also notes that section 141 of the Women’s Charter states that any person who buys, sells, procures, trafficks in or brings into or takes out of Singapore for the purpose of such traffick, whether or not for the purpose of present or subsequent prostitution, any woman or girl, commits a criminal offence. The Committee requests the Government to indicate whether the sale and trafficking of boys under 18 years of age for the purpose of sexual exploitation is prohibited.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee observes that according to article 10(1) of the Constitution, no one shall be held in slavery. It also notes that forced labour is prohibited under article 10(2) of the Constitution, and constitutes a criminal offence by virtue of section 374 of the Penal Code.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that, by virtue of section 10 of the Enlistment Act of 1970, the proper authority may by notice require a Singaporean citizen or a person having permanent residence in the country of not less than 18 years of age to report for enlistment for national service. The Committee also notes that, by virtue of sections 2 and 19 of the Enlistment Act, any person aged 16 years and 6 months may apply to the proper authority to be enlisted for regular service in the Singapore Armed Forces. It further notes that the Singapore Armed Forces (Volunteers) Regulations appear to regulate the voluntary enlistment in the armed forces. The Committee accordingly requests the Government to provide a copy of the Singapore Armed Forces (Volunteers) Regulations.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that a person who sells, lets to hire or hires, buys, or otherwise disposes or obtains possession of any person under 21 years of age with intent that such person shall at any age be employed or used for the purpose of prostitution or for any unlawful and immoral purpose, commits a criminal offence (sections 372 and 373 of the Penal Code). The Committee nevertheless observes that, according to the explanatory notes provided under sections 372 and 373 of the Penal Code, it is prohibited to sell, buy or otherwise dispose of a female under 21 years of age for the purpose of prostitution, whereas the wording used in sections 372 and 373 of the Penal Code indicates that the offence concerns any "person under 21 years of age". The Committee also observes that, by virtue of section 373(A) of the Penal Code, it is an offence to bring or assist in bringing into Singapore, by any false pretence, false representation, or fraudulent or deceitful means, a woman with intent that such woman may be sold or bought for the purpose of prostitution. The Committee further notes that section 140 of the Women’s Charter of 1997 prohibits the sale, hiring, detainment or disposal of a female with intent that she will be employed or used for the purpose of prostitution within or without Singapore. The Committee reminds the Government that Article 3(b) of the Convention prohibits the use, procuring or offering of girls and boys under 18 years of age for prostitution. The Committee requests the Government to clarify whether sections 372 and 373 of the Penal Code apply to both males and females.

2. Use, procuring or offering of a child, for the production of pornography or for pornographic performances. The Committee notes that section 7 of the Children and Young Persons Act states that a person who, in public or private, commits or abets to commit or procure a person to commit an obscene or indecent act with a person under 16 years of age, commits an offence. Section 11 of the Children and Young Persons Act states that no person under 16 years of age shall take part in public entertainment that is of an immoral nature.

The Committee notes that, by virtue of section 32 of the Films Act, a person who causes or procures a person under 16 years of age or, having custody, charge or care of such a person under 16 years of age, allows or encourages him/her to make, reproduce, import, distribute, possess or advertise obscene films, is guilty of an offence. An obscene film is defined under section 2 of the Film Act as a film which tends to deprave or corrupt persons who are likely to watch or listen to the film.

The Committee requests the Government to indicate the type of activities falling under the terms "act of an immoral nature" as defined under section 11 of the Children and Young Persons Act. Noting that only children up to 16 years of age seem to be protected from being used, procured or offered for the production of pornography or for pornographic performances, the Committee requests the Government to take the necessary measures to prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. Use, procuring or offering of a child for the production and trafficking of drugs. The Committee notes that, according to section 5 of the Misuse of Drugs Act of 2000, it shall be an offence for a person, on his behalf or on behalf of any other person whether or not that other person is in Singapore, to "(a) traffic in a controlled drug; (b) offer to traffic in a controlled drug; or (c) do or offer to do any act preparatory to or for the purpose of trafficking in a controlled drug". The term "traffic" means to sell, give, administer, transport, send, deliver or distribute, or to offer to do any of these acts (section 2 of the Misuse of Drugs Act). It is further prohibited to manufacture (section 6 of the Misuse of Drugs Act), to import into or export from Singapore (section 7 of the Misuse of Drugs Act), or to possess, smoke or administer a controlled drug (section 8 of the Misuse of Drugs Act). The Committee also notes that, by virtue of section 12 of the same Act, it is an offence for a person to abet another person to commit drug offences. Section 13 of the Act further states that it is prohibited to aid, abet, counsel or procure the commission, in any place outside Singapore, of an offence punishable under this Act. The Committee asks the Government to provide information on the practical application of the abovementioned sections 12 and 13 of the Misuse of Drugs Act with regard to children under 18.

2. Causing or allowing children to be used for begging, gambling or other illicit activities. The Committee observes that, according to section 6 of the Children and Young Persons Act, a person who causes or procures a person under 16 years of age or, having the custody, charge or care of such a person, allows that person to be in any street, premises or place for the purpose of: (a) begging or receiving alms, or of inducing the giving of alms, whether or not there is any pretence of singing, playing, performing or offering anything for sale; or (b) carrying out of illegal hawking, illegal lotteries, gambling or other illegal activities or activities detrimental to the health or welfare of the child, commits an offence. The Committee requests the Government to indicate the measures taken or envisaged to extend the prohibition on using children or young persons for begging, gambling or other illegal activities, as provided under section 6 of the Children and Young Persons Act, to all persons under 18.

Clause (d). Hazardous work. The Committee notes that according to sections 2 and 68(1) of the Employment Act, it is prohibited to employ a child under 14 years of age in an industrial or non-industrial undertaking except for light work or in family undertakings. It also notes that section 69 of the Employment Act states that no young person (means a person aged 14 to 16 years by virtue of section 2) shall be employed in industrial undertakings determined by notification of the Minister in the Gazette. The Committee notes that the Employment of Children and Young Persons Regulation of 1976 was adopted to give effect to section 69 of the Employment Act. Section 11 of the Employment of Children and Young Persons Regulation states that no child or young person shall be employed in any occupation or in any place or under working conditions injurious or likely to be injurious to the health of that child or young person. The Committee notes that according to section 11 of the Employment of Children and Young Persons Regulation read in conjunction with section 2 of the Employment Act, persons aged 16 years of age and above may undertake hazardous work. The Committee reminds the Government that, by virtue of Article 3(d) of the Convention, children under 18 years of age shall not undertake work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee requests the Government to take the necessary measures to ensure that no persons under 18 years of age undertake work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

Self-employed children. The Committee notes that, by virtue of section 11 of the Employment of Children and Young Persons Regulations, 1976, taken pursuant to sections 69 and 73 of the Employment Act, young persons shall not be employed on any work which is likely to harm their health. However, the Committee observes that, by virtue of section 2 of the Employment Act, the scope of application of this Act and any regulation based on it, is limited to persons who work for an employer under a contract of service. The Committee consequently notes that self-employed workers do not benefit from the protection laid down in the Employment Act. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Child domestic workers. The Committee observes that according to section 67 of the Employment Act, the Minister may, by notification in the Gazette, apply all or any of the provisions of this Act with modification as may be set out in the notification, to all domestic workers or to any group, class or number of domestic workers; and the Minister may enact regulations on the working conditions applicable to domestic workers. The Committee asks the Government to indicate whether a regulation on the working conditions of domestic workers has been enacted and, if so, to provide a copy of it. It also asks the Government to indicate the measures taken or envisaged to ensure that child domestic workers under 18 years of age do not perform work which is likely to harm their health, safety or morals.

Article 4. Determination of hazardous work. The Committee notes that section 13 of the Employment of Children and Young Persons Regulation of 1976 (as amended in 1977) prohibits children and young persons under 16 years of age from being employed, without the written approval of the Commissioner, in any service involving management of, or attendance to machinery in motion; in any service involving management of, or attendance on or proximity to any live electrical apparatus not effectively insulated (section 14). It is also prohibited to employ children and young persons in underground work (section 15 of the Employment of Children and Young Persons Regulation) and night work (section 6 of the Employment of Children and Young Persons Regulation). The Committee further observes that the Factories Act regulates the conditions of employment in factories and determines the authorized work. Section 23 of the Factories Act prohibits any examination, adjustment or lubrication of dangerous machinery by persons below the age of 20 years. The Committee also observes that, by virtue of section 11 of the Children and Young Persons Act, persons under 16 years of age shall not take part in public entertainment which is: (a) of an immoral nature; (b) dangerous to their life or prejudicial to their health, physical fitness and kind treatment; or (c) without the consent of the parent or guardian.

The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190) . In this regard, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that the list of the types of hazardous work that may not be performed by children under 18 years of age, will be adopted shortly, after consultation with the organizations of employers and workers concerned. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to inform it of any developments in this regard.

Article 5. Monitoring mechanisms. 1. Labour commissioner. The Committee notes the absence of information in the Government’s report on this point. However, it observes that section 3(1) of the Employment Act provides for the appointment, by the Minister, of a commissioner for labour who may perform all duties imposed and exercise all such powers conferred by this Act. The Minister may appoint inspecting officers as the Minister may consider necessary or expedient for the purposes of the Act (section 3(2) of the Employment Act). The Committee observes that the commissioner or any inspecting officer may enter, without previous notice, at any hour of the day or night all places of employment if there is reasonable cause to believe that an employee resides or is employed (section 103(1) of the Employment Act). The commissioner or inspecting officers are entitled, during inspections, to examine and remove documents or question any person supposed to be acquainted with the employment of another person (section 105(1) of the Employment Act). The Committee also notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/51/Add.8, 17 March 2003, paragraph 86), 775 inspections were made in 1999 and no cases of infringements with regard to the employment of children and young persons were found. The Committee asks the Government to provide information on the inspections carried out by the labour commissioner and the findings with regard to the implementation of national legislation concerning the worst forms of child labour.

2. Director of Social Welfare and the police. The Committee notes that the Director of Social Welfare is responsible for enforcing the Children and Young Persons Act (section 3(2)). Section 9(1)(a) of the Children and Young Persons Act empowers the Director of Social Welfare, "protectors" or police officers, if satisfied on reasonable grounds that a child or young person is in need of care and protection: (i) to enter by day or night without warrant or if necessary by force, into any premises in which the child or young person is to be found; or (ii) remove such child or young person, present him before a registered medical practitioner for treatment if necessary and commit him to a place of safety until he can be brought before a Juvenile Court. The term "protector" designates the Director of Social Welfare and includes any officer or other person appointed or authorized by the Director to exercise the powers and perform the duties of a protector under the Act (section 2 of the Children and Young Persons Act). The Committee asks the Government to provide information on the activities of the Director of Social Welfare as well as the police, and their findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the absence of information in the Government’s report on the programmes of action designed to eliminate the worst forms of child labour in the country. It also notes the Government’s statement that, child labour, in particular the worst forms of child labour, do not exist in Singapore. The Committee further notes that, the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.220, 27 October 2003, paragraphs 10-11) noted with regret that the State party had not developed a national plan of action for children. The Committee reminds the Government that even where the worst forms of child labour appear to be non-existent, the Convention requires ratifying member States to take measures to determine whether such forms of child labour exist and to ensure that they will not arise in the future. In this context, the Committee requests the Government to indicate what steps it envisages taking, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Singapore.

Article 7, paragraph 1. Sanctions. The Committee observes that, by virtue of section 370 of the Penal Code, whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains any person as a slave, shall be punished with up to seven years’ imprisonment and also liable to a fine. A person who buys, sells, procures, traffics in or brings into or takes out of Singapore a woman or a girl for the purpose of such traffic, and whether or not for the purpose of present or subsequent prostitution, is liable to five years’ imprisonment and a maximum fine of $10,000 (section 141 of the Women’s Charter). The Committee also notes that whoever unlawfully compels a person to labour against the will of that person shall be punished with a one-year imprisonment and/or with a fine (section 374 of the Penal Code).

The Committee notes that a person who sells, lets to hire or hires, buys, or otherwise disposes or obtain possession of any person under 21 years of age with intent that such person shall at any age be employed or used for the purpose of prostitution or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, is liable to ten years’ imprisonment and a fine (sections 372 and 373 of the Penal Code).

A person who, in public or private, commits or abets to commit or procure or encourage a person to commit an obscene or indecent act with a child or a young person shall be liable to two years’ imprisonment, a fine of a maximum of $5,000 or both (section 7 of the Children and Young Persons Act). It also observes that a person who causes or procures a person under 16 years of age to make, reproduce, import, distribute, possess or advertise obscene films shall be punished by 12 months’ imprisonment, a fine of $20,000 to $80,000 or both. The Committee also notes that a person who abets another person to commit a drug offence (including selling, transporting, distributing, importing, exporting or trafficking controlled drugs) is liable to 20 years’ imprisonment (penalties will vary depending on the type of drug involved) (sections 12, 33 and part IV of the Misuse of Drugs Act).

The Committee notes that a person who causes or procures a child or a young person for begging, gambling or performing other illegal activities is liable to 12 months’ imprisonment, a maximum fine of $2,000 or both (section 6 of the Children and Young Persons Act).

Concerning work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, the Committee notes that a person who employs a child or a young person in contravention of the provisions of the Act on the employment of children and young persons (or any of the regulations made there under), and any parent or guardian who knowingly or negligently suffers or permits such employment shall be liable to two years’ imprisonment, a maximum fine of $2,000 or both ( section 74 of the Employment Act).

The Committee asks the Government to provide information on the penalties imposed in practice.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the time-bound measures taken to: (c) ensure access to education to all children removed from the worst forms of child labour; (d) to identify and reach out to children at special risk; and (e) to take account of the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(c), (d) and (e) of the Convention.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes the Government’s indication that a Law was enacted in January 2003 to establish six years of compulsory primary education. The Government’s report further indicates that a large majority of children and young persons below 16 years are either in school or vocational institutes. In the year 2002, 92 per cent of the pupils completed secondary education (approximately ten years of education). The Committee also notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/51/Add.8, 17 March 2003, paragraph 427) that in order to make all forms of education available and accessible to every child, the Government established 199 primary schools, 152 secondary schools, 14 junior colleges, two centralized institutes, 14 institutes of technical education centres and four polytechnics in 1999. The Committee nevertheless notes that according to section 3 of the Compulsory Education Act, free and compulsory primary education only applies to Singaporean pupils; the Government has indicated to the Committee on the Rights of the Child (CRC/C/51/Add.8, 17 March 2003, paragraphs 420-422) that non-nationals may enrol in primary education upon the payment of annual fees. The Committee also observes that the net migration rate was estimated at 25 migrants/1,000 population in 2003, meaning that the number of immigrants, and consequently of non-national children, is quite high in the country. The Committee shares the concern expressed by the Committee on the Rights of the Child (CRC/C/15/Add.220, concluding observation, 27 October 2003, paragraphs 42-43) over the fact that not all children within the State party’s jurisdiction are covered by the Compulsory Education Act or have access to free primary school. The Committee draws the Government’s attention to the fact that non-national children of low-income families are more likely to be exploited if they do not have access to primary education. The Committee accordingly encourages the Government to provide free basic education to all children living in Singapore regardless of their nationality.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee observes that section 159 of the Women’s Charter provides that, if the Director of Social Welfare has reasonable cause to believe that a female below the age of 21 years is: (a) being trained or used for immoral purposes; (b) lives or frequents any brothel; or (c) habitually in the company of prostitutes or brothel keepers or persons employed or living in brothels or persons directly interested in the business carried out in brothels or by prostitutes, the Director may, by warrant, order the woman or girl to be removed to a place of safety and there temporarily detained until an inquiry has been held. The Committee asks the Government to provide information on the practical application of the abovementioned provision.

Article 8. International cooperation. The Committee notes that Singapore is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1995, signed the Optional Protocol on the Involvement of Children in Armed Conflict in 2000, as well as the International Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others in 1966. The Committee asks the Government to indicate any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part III of the report form. The Committee notes the absence of information in the Government’s report on this point. It accordingly asks the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Part IV. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in Singapore, including any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed actions against the worst forms of child labour.

Part V. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents 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.