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by Neo Chai Chin

Our ‘tough but fair’ laws apply to trafficking offences too, says Wong Kan Seng:

SINGAPORE has rejected a United States report’s finding that we do not meet its “minimum standards” in prohibiting and punishing those engaged in human and sex trafficking.

It also disagrees with the Republic’s second-tier rating — indicating countries making “significant efforts” to meet those minimum standards — in the US State Department’s Annual Trafficking in Persons Report 2008, released last month.

Joining Singapore in Tier 2 are countries such as Cambodia, Japan and Indonesia. Countries in Tier 1 like Australia already meet the standards spelt out in the US Trafficking Victims Protection Act 2000.

The report claimed Singapore was a “destination country for women and girls trafficked for the purpose of labour and commercial sexual exploitation”.

A “significant number” of foreign domestic workers have their movements restricted, their travel documents unlawfully confiscated, or face physical or sexual abuse, it added.

Members of Parliament Fatimah Lateef and Sin Boon Ann had tabled questions asking how the Government could improve Singapore’s placement and tackle the “negative perception”.

In his written answer on Monday, Home Affairs Minister Wong Kan Seng said any such perception was “unjustified”.

“Singapore has often been criticised for being too tough in law enforcement. To be criticised instead for being too soft ... is strange indeed,” he said.

The legal system is “tough but fair” and applies “as much to human trafficking as it does to any other crime”.

Singapore’s objection to its Tier 2 ranking (a status it has held since at least 2001, except for 2006 when it was ranked inTier 1) is not new.

The Republic has consistently argued that foreign prostitutes come here towork voluntarily and are not forced into servitude.

Mr Wong also said the US report’s point about the Government not operating victim shelters lacked “understanding of local conditions”. Many non-governmental organisations receive government support and funding, he added.

Mr John Gee, :president of Transcient Workers Count Too, felt the Tier 2 status should spur us to do better.

“The message is that there are things that we should be concerned about and act on. But let’s not beat ourselves over the head and take the problems out of proportion,” he said.

Still, he sees as a genuine problem foreigners who are misled — often by their agents — on what to expect when they arrive here in search of work.

For example, he cites women led to believe they would waitress at bars, but are coerced into sex work.

:In February, T:oday: had reported on how the Ministry of Home Affairs’ human trafficking statistics differed from the Philippines embassy’s. The reasons for this disparity included the use of different definitions of human trafficking and different standards of evidence.

:The MHA said it received 28 reports of trafficking last year, while the embassy cited 212 cases of Filipinos traffickedinto Singapore and exploited at red-light establishments.

Report on Singapore

SINGAPORE (Tier 2)

Singapore is a destination country for women and girls trafficked for the purpose of labor and commercial sexual exploitation. Some women from India, Thailand, the Philippines, and the People’s Republic of China who travel to Singapore voluntarily for prostitution or work are subsequently deceived or coerced into sexual servitude. A significant number of foreign domestic workers in Singapore faces the unlawful confiscation of their travel documents, restrictions on their movement, confinement, and/or physical or sexual abuse. Some Singaporean men travel to countries in the region for child sex tourism.

The Government of Singapore does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. In February, 2008 the government enacted amendments to the Penal Code that criminalize prostitution involving a minor under the age of 18, thereby ensuring that Singaporean law criminalizes all severe forms of trafficking in persons. The police adopted new training programs and procedures to familiarize officers with the new Penal Code offenses and to provide them with the skills to identify potential trafficking victims. Notably, the recent Penal Code amendments also extend extra-territorial jurisdiction over Singaporean citizens and permanent residents who sexually exploit children in other countries, and make organizing or promoting child sex tourism a criminal offense. At the same time, however, the government did not prosecute or convict any trafficking offenders during the reporting period, and did not take adequate measures to protect victims of trafficking, particularly foreign domestic workers subjected to forced labor conditions.

Recommendations for Singapore: Vigorously investigate and prosecute both labor and sex trafficking cases, and ensure that trafficking offenders are convicted and receive appropriate criminal punishments ; increase efforts to proactively identify victims of trafficking among vulnerable groups such as foreign women and children arrested for prostitution; institute procedures to ensure that victims are not arrested, incarcerated or otherwise punished for acts committed as a direct result of being trafficked; and conduct public awareness campaigns to inform citizens and residents of the amendments to the Penal Code and penalties for involvement in trafficking for sexual exploitation or labor.

Prosecution

The Government of Singapore demonstrated some law enforcement efforts to combat trafficking in persons during the reporting year. Singapore expanded its anti-trafficking legal framework with the February 1, 2008 entry into force of the Penal Code (Amendment) Act of 2007 to criminalize all forms of trafficking, including the commercial sexual exploitation of sixteen- and seventeen-year-olds. Labor trafficking is prohibited through multiple sections of the Penal Code, the Employment Agency Rules, and the Employment of Foreign Workers Act. Penalties prescribed for sex trafficking, including imprisonment, fines, and caning, are sufficiently stringent, as are penalties prescribed for labor trafficking. The Ministry of Home Affairs (MHA) received and investigated 28 reports of human trafficking during the reporting period; one case remains under investigation, while the others were closed due to lack of substantiating evidence. There were no reported criminal prosecutions or convictions for labor or sex trafficking offenses during the reporting period. In 2007 the authorities arrested 130 pimps and “vice abettors” (e.g., brothel operators). Fifteen pimps and thirty vice abettors were prosecuted; however, it is unclear how many, if any, of these cases involved trafficking. There were no reports of government officials’ complicity in trafficking crimes during the reporting period.

Protection

The government did not show appreciable progress in protecting trafficking victims, particularly foreign domestic workers subjected to forced labor conditions, over the reporting period. The government does not operate victim shelters, but instead referred potential victims of trafficking to NGO shelters or foreign embassies over the reporting period. In 2007, one NGO reported offering protection to over 900 foreign workers who ran away from their employers in Singapore after complaining of abusive conditions; the NGO estimates that as many as 70 percent of such workers has cited conditions that may potentially meet the definition of trafficking in persons. The Philippines Embassy separately reported receiving complaints from as many as 212 of its nationals that raise concerns about trafficking; however, only three of its nationals elected to file criminal complaints with Singaporean authorities. Law enforcement efforts aimed at curbing prostitution likely resulted in victims of sex trafficking being penalized for acts committed as a direct result of being trafficked. In 2007, the police arrested 5,402 foreign women for prostitution, who were generally incarcerated then deported. The number of trafficking victims among this group is unknown; however, government measures to proactively identify potential trafficking victims among this vulnerable population, if any, appear to have been limited during the majority of the reporting period. At least 60 of those reportedly arrested and deported without being formally identified and provided with appropriate protective services were minors. The government encourages identified victims to assist in the investigation and prosecution of trafficking offenders, and makes available to all foreign victims of crime temporary immigration relief that allows them to reside in Singapore pending conclusion of their criminal case. Singapore does not otherwise provide trafficking victims with a legal alternative to removal to countries where they may face hardship or retribution.

Prevention

The Singaporean government demonstrated some increased efforts to prevent trafficking in persons during the year. The Government expanded its information campaign that aims to raise awareness among foreign workers of their rights and resources available, in an effort to prevent incidents of trafficking. It prints information on employees’ rights and police hotline numbers for domestics on prepaid phone cards. The Ministry of Manpower (MOM) has a bi-annual newsletter, published in multiple languages, that it mails directly to all 170,000 foreign domestic workers. All foreign domestic workers working in Singapore for the first time attend a compulsory course on domestic safety and their employment rights and responsibilities. The government undertook some administrative actions for violations of labor laws potentially related to trafficking, including employer fines and license suspensions for several employment agencies. In August 2007 one employer was sentenced to one year in jail for physically abusing her maid. The government did not undertake specific measures to reduce demand for commercial sex acts involving adults in the legalized commercial sex industry in Singapore. As noted above, however, the government took measures to curb participation by its nationals and others in child sex tourism by establishing extra-territorial jurisdiction over Singaporean citizens and permanent residents who sexually exploit children in other countries, and criminalizing organization or promotion of child sex tourism activities. Singapore has not ratified the 2000 UN TIP Protocol.

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