Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

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

The Committee notes the Government’s reports. It requests the Government to provide 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. Sale and trafficking of children. The Committee notes the Government’s information that, in order to enhance protection of young persons against commercial sexual exploitation in Singapore and other countries, the Government envisages enacting laws with extra-territorial effect to combat child sex tourism and make it an offence for nationals to sexually exploit “minors” overseas. In particular, a Singapore citizen or permanent resident who purchases sexual favours from a minor under 18 years overseas will commit an offence. Moreover, anyone who organizes child sex tours, or prints, publishes, or distributes any information intended to promote, commercially, the sexual exploitation of minors, will commit an offence. The Committee notes that, according to the Government, these measures will be introduced as part of the legislative changes to be made once the review of the Penal Code has been completed in 2007. The Committee also notes the Government’s information that various provisions of the Penal Code and Women’s Charter can be used to punish trafficking, such as: sections 365, 366 and 367 which prohibit kidnapping and abduction for the purposes of forced sexual intercourse, prostitution and slavery; section 371 which prohibits selling, trafficking, and dealing in slaves; sections 372 and 373 which prohibit selling, hiring, buying or disposing of a person under 21 years for prostitution. The Committee requests the Government to keep it informed of the adoption of the envisaged laws to prohibit nationals from the commercial sexual exploitation of minors overseas.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously noted that various provisions of the Penal Code and the Women’s Charter prohibit prostitution (sections 372, 373 and 373A of the Penal Code; section 140 of the Women’s Charter). It had requested the Government to clarify whether sections 372 and 373 of the Penal Code which prohibit hiring, buying or disposing of a person under 21 years for prostitution apply to both males and females. The Committee notes the Government’s information that both boys and girls are protected under sections 372 and 373 of the Penal Code. It also notes the Government’s information that a legislative amendment will 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 requests the Government to keep it informed of the adoption of this legislative amendment.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that section 7 of the Children and Young Persons Act (CYPA) 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 same Act states that no person under 16 years of age shall take part in public entertainment that is of an immoral nature. The Committee 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. It had also requested the Government to indicate the type of activities falling under the terms “act of an immoral nature” as defined under section 11 of the CYPA. Moreover, it had requested 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. The Committee notes the Government’s information that the types of activities falling under the term “act of an immoral nature” are: (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; (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 the Government’s information that, under the review of the Penal Code, a new provision, which is intended to be gender neutral, will give more protection to persons between 16 and 18 years of age from commercial sexual exploitation. It notes, however, that the offences to be introduced in the Penal Code (referred to in the Government’s report) only cover some aspects of the commercial sexual exploitation of children under 18 years, such as the organization of child sex tours and the dissemination of any information intended to promote the commercial sexual exploitation of children under 18 years. The Committee’s concern is twofold. Firstly, these prohibitions may not deal with the full range of prohibitions contemplated in Article 3(b), in particular a prohibition of “using” a child in a pornographic production or performance as opposed to committing an obscene act with another person. Secondly, the existing prohibitions contained in the Penal Code do not apply to children between 16 and 18 years of age. In the framework of the review of the Penal Code, the Committee requests the Government to take the necessary measures to ensure that the full range of prohibitions contemplated in this Article, namely the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances, is prohibited.

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. It had requested 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 CYPA, to all persons under 18. The Committee notes that the Government provides no information on the measures taken to extend the prohibition provided under section 6 of the CYPA to all persons under 18. The Committee once again requests the Government to provide information on the measures taken to this end.

Clause (d) and Article 4, paragraph 1. Hazardous work. The Committee had previously noted that, by virtue of section 11 of the CYPA, persons under 16 years of age shall not perform work hazardous to their morals or dangerous to their life or prejudicial to their health and physical fitness. It had also noted that the Employment of Children and Young Persons Regulation (ECYPR) contains various provisions which prohibit children and young persons under 16 years of age from being employed in types of hazardous work such as: any service involving management of, or attendance to, machinery in motion; any service involving management of, or attendance on or proximity to, any live electrical apparatus not effectively insulated (sections 13 and 14); underground work (section 15); night work (section 6). The Committee had requested 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.

The Committee notes with interest the Government’s information that the Workplace Safety and Health Act, replacing the Factories Act, was enacted and came into effect on 1 March 2006. This Act, which will progressively be extended to cover all workplaces, requires stakeholders to take reasonably practicable measures to ensure the safety and health of workers and those who are affected by the work. It also provides for particular protection for young workers. For example, no person under 20 years is allowed to manipulate, adjust or lubricate dangerous machinery. Moreover, no person under the age of 18 is allowed to: operate equipment for raising or lowering a suspended scaffold; operate any lifting machine driven by mechanical power; be designated as lift attendant in the construction industry or shipyard; work in any blasting chamber; or work with asbestos or benzene. The Committee requests the Government to provide a copy of the Workplace Safety and Health Act.

2. Child domestic workers. The Committee had previously noted that, according to section 67 of the Employment Act, the Minister may, by notification in the Gazette, apply any of the provisions of this Act with any modification as may be set out in the notification, to 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 notes the Government’s information that the Minister has taken steps to raise the minimum age requirement of foreign domestic workers (FDWs) from 18 to 23 years. Moreover, FDWs entering Singapore must also have a minimum of eight years of formal education and be able to pass an entry test to ensure that they understand basic safety instructions.

Article 5. Monitoring mechanisms. Anti-smuggling enforcement mechanisms: Immigration and Checkpoint Authority (ICA) and the police coast guard. The Committee notes the Government’s information that Singapore has adopted a multi-pronged approach including enforcement actions and security checks at the various checkpoints to detect and deter the smuggling of illegal immigrants in and out of Singapore. In particular, the ICA makes use of the vehicle and cargo inspection system and fibre scopes to detect illegal immigrants hidden in seat compartments of vehicles. All ICA officers receive profiling techniques training and attend basic interviewing and questioning techniques courses. Moreover, the police coast guard is active with its intensive patrols around Singapore territorial waters. The Committee notes the Government’s information that these efforts have been successful as the number of illegal immigrants arrested has fallen and the immigration situation in Singapore has improved significantly.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee had previously noted that, according to section 3 of the Compulsory Education Act, free and compulsory primary education only applies to Singaporean pupils. It had observed that the net migration rate was estimated at 25 migrants per 1,000 population in 2003, meaning that the number of immigrants, and consequently of non-national children, was quite high in the country. The Committee had shared 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. It had encouraged the Government to provide free basic education to all children living in Singapore regardless of their nationality. The Committee notes the Government’s information that public education in Singapore is heavily subsidized for all students studying in Singapore. Financial assistance is available for those who cannot afford to pay their school fees.

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 had previously noted that section 159 of the Women’s Charter provides that, if the Director of Social Welfare (DSW) has reasonable cause to believe that a female below the age of 21 years is involved in prostitution, 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 notes the Government’s information that the police is authorized by the DSW under sections 173 and 174 of the Women’s Charter to remove any woman under 21 who is found under the circumstances described in section 159. Under completion of the inquiry and where sufficient grounds are established by the police that the woman under 21 is found to be in situations described under section 159, that woman will be admitted to a place of safety for issues of moral danger (sections 160(1)(d) and 160(3) of the Women’s Charter). Intervention through counselling and assistance are rendered to victims to empower them to lead independent and fulfilling lives.

Article 8. Regional cooperation. Following its previous comments, the Committee notes the Government’s information that in September 2005 Singapore joined the Association of Southeast Asian Nations (ASEAN) in order to participate in regional efforts in eradicating commercial sexual exploitation. The ASEAN members’ police forces are linked via the ASEANAPOL e-database where information sharing and intelligence are concerned. An example of information and intelligence exchange between two members’ forces is the bilateral cooperation between the Singapore police force and the Indonesian national police. The Committee notes the Government’s information that in 2004 Singapore signed the Treaty of Mutual Legal Assistance in Criminal Matters (MLAT) among like-minded countries. All ASEAN member countries have signed this regional treaty. The offences covered under the MLAT include offences relating to: prostitution; trafficking for purposes of prostitution; trafficking of persons in violation of the Immigration Act. The Committee finally notes the Government’s information that in the area of investigation assistance on trafficking in persons, the police currently renders assistance and exchanges information with foreign counterparts whenever the need arises.

Part V of the report form. The Committee notes the Government’s information that in 2005 there were 20 reported cases involving 23 victims alleging, under section 140(1)(c) of the Women’s Charter, that they were threatened and intimidated for the purpose of prostitution. Moreover, there were 15 cases involving 15 victims alleging that they were tricked into prostitution under section 142 of the Women’s Charter. The Committee 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.