SINGAPORE'S SUBMISSION FOR THE FIFTH ANNUAL TIP

UNCLAS SECTION 01 OF 08 SINGAPORE 000742 SIPDIS SENSITIVE STATE PASS AID E.O. 12958: N/A TAGS: KCRM PHUM KWMN ELAB SMIG ASEC KFRD PREF SN SUBJECT: SINGAPORE'S SUBMISSION FOR THE FIFTH ANNUAL TIP REPORT PART II REF: A. SINGAPORE 740 ¶B. SINGAPORE 657 ¶C. 04 STATE 273089 ¶1. (U) This is the second of four messages relaying Embassy Singapore's 2005 TIP submission. Para 2 covers the questions on investigations and prosecutions, and para 3 answers the questions on protection and victim assistance. Investigations and Prosecutions -------------- ¶2. (U) ¶A. Does the country have a law specifically prohibiting trafficking in persons--both trafficking for sexual exploitation and trafficking for non-sexual purposes (e.g., forced labor)? If so, what is the law? If not, under what other laws can traffickers be prosecuted? For example, are there laws against slavery or the exploitation of prostitution by means of coercion or fraud? Are these other laws being used in trafficking cases? Are these laws, taken together, adequate to cover the full scope of trafficking in persons? No additional legislation has been enacted since our 2004 submission. Existing laws detailed below are adequate to deter and prosecute the full scope of domestic trafficking offenses. However, additional legislation criminalizing commercial sex acts with 16 and 17-year olds would be beneficial, as would legislation criminalizing pedophilia by Singaporeans outside the country. Many defendants are prosecutable for more than one offense under the laws below. A concrete example of this multiple-charging is the case of the 12-year old Malaysian girl forced to work as a prostitute; she was rescued in 2002, and the prosecutions occurred in 2003. One of her customers was convicted of rape, and a pimp of abetting the rape. Another three persons were charged with four offenses: abetting rape; procuring the girl as a prostitute; bringing her into Singapore for that purpose; and living off her earnings. All five received prison sentences ranging from 12 to 14 years, and four of the five were also caned. WOMEN'S CHARTER: The Women's Charter contains a mixture of anti-trafficking and anti-vice provisions; authorities may choose to charge for vice offenses in some cases that we would classify as "trafficking" (for instance, pimping for 16 or 17-year old prostitutes). The Women's Charter states that "Any person who buys, sells, procures, traffics in or brings into or takes out of Singapore for the purpose of present or subsequent prostitution, any woman or girl, shall be guilty of an offence." If convicted under this law, a person faces imprisonment for up to five years and can be fined up to SGD 10,000 (approximately USD 5,700). The Women's Charter also stipulates similar penalties for committing such acts under false pretenses. Rape is punishable by imprisonment up to twenty years (with a minimum of eight years),and the offender may also be liable for a fine or caning. Persons who induce a girl under the age of 16 into prostitution commit a separate offense, punishable by up to three years imprisonment. The Women's Charter also prohibits any person from knowingly living off of the earnings of a prostitute. Offenders may be sentenced to jail for up to five years and fined up to SGD 10,000 (approximately USD 5,700). CHILDREN AND YOUNG PERSONS ACT: (Note: "Child" is defined in the Act as someone under the age of 14; a "young person" is a 14 or 15-year old child. The UN panel reviewing Singapore's inaugural submission under the Child Rights Conventions urged Singapore to extend the Act to cover all under age 18.) The Children and Young Persons Act prohibits the unlawful transfer or possession, custody or control of children and prohibits the importation of children by false pretenses. Both offenses are punishable by up to four years in prison. In addition, the Act makes it an offense for a person to commit or abet procuring any obscene or indecent act with a child or young person; the penalty is a prison term of up to two years and/or a substantial fine, which are both doubled for a second and subsequent offense. PENAL CODE: Sections 372 and 373 criminalize the purchase or sale of anyone under the age of 21 for the purpose of prostitution. Violators of these sections face heavy fines and imprisonment of up to 10 years. The Penal Code also prohibits buying or disposing of any person as a slave or habitually importing and exporting slaves. For buying or disposing of a slave, the offender may be sentenced to up to seven years in prison, and for habitually dealing, the offender may be sentenced to up to ten years in prison and a fine. In 1998, Singapore amended its Penal Code, strengthening punishment of persons who abuse foreign domestic workers. If an employer is convicted of causing hurt, wrongfully confining, assaulting, or insulting the modesty of a domestic, the court may now sentence the offender to one and a half times the amount of punishment allowed if the same offenses were committed against a Singaporean. IMMIGRATION ACT and EMPLOYMENT OF FOREIGN WORKERS ACT: Under the Immigration Act, an illegal immigrant trafficker faces a mandatory jail term of up to five years plus a minimum of three strokes of the cane. Anyone who abets a person's entering or exiting Singapore illegally faces a jail term of up to two years and a fine of up to SGD 6,000 (approximately USD 3,500). The Act also states that pimps and prostitutes are illegal classes of immigrants. From 2001 to 2003, immigration officers denied entry to 540 females they suspected of intending to enter Singapore for the purpose of prostitution. Since it is often difficult to prove the charge of alien trafficking, those involved are more often convicted and punished as abettors. There are also stiff penalties, including jail sentences, fines, and caning, for anyone who hires or houses an illegal immigrant. Corporate bodies employing immigration offenders pay higher fines in lieu of jail sentences and caning. The Ministry of Manpower reports that it blacklists and prohibits further applications from employers who abuse the work permit system. Under the Employment of Foreign Workers Act, those who misuse the work permit system )- which would include, for example, non-payment of salary, withholding travel documents, or failing to ensure the welfare of a foreign domestic worker -- may also face a penalty of up to SGD 5,000 (approximately USD 2,900) and up to 6 months imprisonment. Employers can also be compelled to bear the costs of dispute resolution and ordered to compensate employees for unpaid wages. ¶B. What are the penalties for traffickers of people for sexual exploitation? For traffickers of people for labor exploitation? Described in answer to Question A. ¶C. What are the penalties for rape or forcible sexual assault? How do they compare to the penalty for sex trafficking? Described in answer to Question A. ¶D. Has the government prosecuted any cases against traffickers? If so, provide numbers of arrests, indictments, convictions and sentences, including details on plea bargains and fines, if relevant and available. Are the traffickers serving the time sentenced: If no, why not? Please indicate whether the government can provide this information, and if not, why not? The Embassy is not aware of any prosecutions for trafficking in 2004. The government did successfully prosecute four pimps and 63 &vice abettors8 in 2004. The government also vigorously prosecutes cases where abuse of domestics stops well short of trafficking. For instance, in 2004 a man who struck his maid on the head with a remote control on multiple occasions was jailed for 2 months. Singapore is currently trying a woman for slapping, burning and choking her maid as well as watching her shower; the defendant faces a total of 10 charges with a cumulative maximum penalty of 13.5 years in prison and over SGD 10,000 in fines. In the first 9 months of 2004, 53 employers were found guilty of maid abuse, but Embassy does not believe any of these cases rose to the level of trafficking. There is often a substantial lag time between an incident of abuse and prosecution, and Embassy is aware of only one case where the abuse occurred in 2004 has proceeded to trial. Authorities prosecute every substantiated case of abuse and in the past have willingly provided the Embassy with information on arrests and prosecutions. ¶E. Is there any information or reports of who is behind the trafficking? For example, are the traffickers freelance operators, small crime groups, and/or large international organized crime syndicates? Are employment, travel, and tourism agencies or marriage brokers fronting for traffickers or crime groups to traffic individuals? Are government officials involved? Are there any reports of where profits from trafficking in persons are being channeled (e.g. armed groups, terrorist organizations, judges, banks, etc.) No known trafficking rings are operating in Singapore. Government officials are not involved in trafficking. Representatives of other diplomatic missions and NGOs have told us that whatever trafficking does occur is run by small, freelance operators. Major organized crime rings do not appear to be involved. Embassy is not aware of any cases in which employment agencies, travel agencies or marriage brokers were involved in trafficking. The government closely monitors these agencies, which face severe penalties for helping people to violate Singapore,s tough immigration laws. For example, a travel agency that repeatedly brings people to Singapore who do not leave when their visas expire will be blacklisted by the government, be required to post a SGD 1,000 deposit on every one of its visitors, and face extended processing time for visas. In the first half of 2004, the government blacklisted six such tourist agencies. Employment agencies must be accredited, and are subjected to periodic audits and spot checks by Ministry of Manpower authorities. It would be difficult to use marriage agencies as a front for trafficking, given Singapore,s stringent immigration rules: marriage brokers almost always must arrange for Singaporean men to travel to the women,s country to meet, and obtaining permanent residence status for a foreign spouse is an arduous process that can take years and subjects the couple to scrutiny by immigration officials. Marriages of convenience to obtain immigration status are illegal. ¶F. Does the government actively investigate cases of trafficking? (Again, the focus should be on trafficking cases versus migrant smuggling cases.) Does the government use active investigative techniques in trafficking in persons investigations? To the extent possible under domestic law, are techniques such as electronic surveillance, undercover operations, and mitigated punishment or immunity for cooperating suspects used by the government? Does the criminal procedure code or other laws prohibit the police from engaging in covert operations? Yes, the government actively investigates trafficking. Police use informants and active patrols to monitor the sex industry for coercion. In 2002, police intelligence indicated a 12-year old Malaysian girl was being forced to work as a prostitute, resulting in an immediate operation to rescue the girl and identify her traffickers. Police and prosecutors say that any allegations of deception or coercion in the sex industry are dealt with as priority cases. Authorities screen detained suspected sex workers (i.e., those not operating in the "tolerated" system) for possible cases of coercion, and also to ascertain "vice operators" involved and obtain prosecution witnesses against these third parties. Singapore police are effective and equipped with broad powers; we are confident they use these powers fully to investigate cases of alleged trafficking. NGO representatives and other observers of the sex industry concur, opining that the police are well informed about goings-on in the designated red light areas, particularly in the "tolerated" brothels. Most NGOs and foreign embassy contacts say that all allegations of coercion or force that they bring to police attention are fully investigated, although they note that the women,s stories are often vague and difficult to verify. One NGO contact reported that immediately after comments he made to a reporter appeared in the newspaper, the police contacted him because they wanted to initiate an investigation based on his information. The government has less insight into the world of free-lance streetwalkers, but has begun to work through local NGOs (which can interact with women who would be afraid of authorities) to monitor what is happening among streetwalkers as well as to distribute health information and encourage condom use. For labor cases, the Ministry of Manpower does conduct spot checks on employers, has a hotline for domestic workers, and the MOM and police investigate tips from the public as well as NGOs. In March 2005, an NGO passed a tip from another foreign domestic worker about a confined, unpaid maid to police, who immediately worked with the NGO to rescue her. The woman is now residing in a shelter, and the police and Ministry of Manpower are investigating her case. ¶G. Does the government provide any specialized training for government officials in how to recognize, investigate and prosecute instances of trafficking? Police and prosecutors are competent to recognize, investigate and prosecute trafficking-related offenses. ¶H. Does the government cooperate with other governments in investigation and prosecution of trafficking cases? If possible, can post provide the number of cooperative international investigations on trafficking? Yes. In February 2004, Singapore police participated in a regional anti-trafficking law enforcement seminar alongside police from Malaysia and Indonesia. Singapore police are known to have worked on specific alleged sex trafficking cases with both Malaysian and Thai authorities. They hold regular bilateral meetings with their Malaysian counterparts on trafficking and other transnational issues, and there are plans to expand these sessions to include Indonesia. In February 2005, Singapore and Indonesia restarted talks on an extradition treaty, which would improve cooperative law enforcement efforts on transnational crimes, including trafficking. The authorities also work with embassies of foreign domestic source countries (usually Indonesia or the Philippines) in investigating abuse allegations. All but one of our contacts from these Embassies say they are pleased with the cooperation and support they receive from the Ministry of Manpower and the police (see ref A, paragraph 3.G). In general, however, Singapore does not share the number or nature of cooperative international investigations it participates in. Singapore authorities worked closely with their Malaysian counterparts to visit the family of the 12-year old girl who was brought to Singapore for prostitution. They personally visited the family to assure her parents that she was safe and being well cared for. Eventually, they returned her safely to her village. Singapore also actively participates in multilateral fora to combat TIP and people smuggling. Singaporean airport and immigration authorities also allow U.S. DHS immigration officers ongoing access inside Changi airport's transit lounge, where they assist Singaporean authorities to prevent and address potential human trafficking, people smuggling, and immigration fraud cases. ¶I. Does the government extradite persons who are charged with trafficking in other countries? If so, can post provide the number of traffickers extradited? Does the government extradite its own nationals charged with such offenses? If not, is the government prohibited by law from extraditing its own nationals? If so, what is the government doing to modify its laws to permit the extradition of its own nationals? Singapore is not known to have received requests to extradite a trafficker. Singapore extradites its own nationals. Singapore law requires extraditions to be on the basis of a treaty; deportations can provide a means for rendition of non-Singaporeans. ¶J. Is there evidence of government involvement in or tolerance of trafficking, on a local or institutional level? If so, please explain in detail. No. The Singapore Government is virtually free of corruption. Penalties in the few isolated cases of government corruption and misconduct have been very harsh. ¶K. If government officials are involved in trafficking, what steps has the government taken to end such participation? Have any government officials been prosecuted for involvement in trafficking or trafficking-related corruption? Have any been convicted? What actual sentence was imposed? Please provide specific numbers, if available. Not applicable. ¶L. If the country has an identified child sex tourism problem (as source or destination),how many foreign pedophiles has the government prosecuted or deported/extradited to their country of origin? Does the country's child sexual abuse laws have extraterritorial coverage (like the U.S. PROTECT Act)? Men from Singapore do travel to the nearby Indonesian Riau islands for purposes of sex tourism, and it is probable that some are engaging in child sex tourism -- one Indonesian NGO, Partnership in Health and Humanity Foundation (YMKK) estimates that 30 percent of sex workers in Batam are under ¶18. However, there are no available estimates of the number of Singaporeans who are involved in child sex tourism. Singapore,s child sexual abuse laws do not have extraterritorial coverage at this time. That said, the Singapore government does recognize sex tourism as a problem, and has supported a number of public outreach campaigns to raise local awareness of the problem and its consequences for Singapore. The Ministry of Health recently completed a project in conjunction with NGOs based in the Indonesian Riau islands that surveyed the behavior of Singaporean men hiring prostitutes; it is now working with independent researchers to identify the best way to influence these men to change their behavior, according to a local NGO. The government has sanctioned and will participate in a conference on regional child sex tourism sponsored by UNIFEM Singapore and Shared Hope, International, which will be held in Singapore in April ¶2005. UNIFEM Singapore is also currently drafting a child sex tourism law, with the hope of introducing it in Parliament sometime later this year. UNIFEM representatives have met with nearly every Member of Parliament to present their case and press for support. One MP told us that the Parliament is reviewing many of the laws related to social problems such as this, and confirmed that the government would consider such a measure. She said, however, that the GOS is concerned about a PROTECT Act-like law's enforceability; Singapore has studied all of the various extraterritorial sex tourism laws currently in effect, but according to various government contacts has identified problems with all of them and questions their efficacy in reducing sex tourism. ¶M. Has the government signed and ratified, and/or taken steps to implement the following international instruments? Please provide the date of signature/ratification if appropriate. -- ILO Convention 182 concerning the prohibition and immediate action for the elimination of the worst forms of child labor. Singapore ratified ILO Convention 182 in June 2001. -- ILO Convention 29 and 105 on forced or compulsory labor? Singapore ratified Convention 29 in October 1965. It ratified Convention 105 the same month, but withdrew from it in April 1979. -- The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution, and child pornography. No. -- The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the UN Convention Against Transnational Organized Crime. No. Protection and Assistance to Victims -------------- ¶3. (SBU) ¶A. Does the government assist victims, for example, by providing temporary to permanent residency status, relief from deportation, shelter and access to legal, medical and psychological services? If so, please explain. Does the country have victim care and victim health care facilities? If so, can post provide the number of victims placed in these care facilities? Are trafficking victims offered HIV/AIDS screening or otherwise tested for HIV/AIDS? If so, what are the results? Singapore can provide foreign victims of serious crimes immigration status allowing them to stay until the need for their testimony is over. It has provided such status to the few trafficking victims, and to foreign domestics who are victims of domestic abuse. This status does not automatically grant the victim the right to seek employment, but the Ministry of Manpower has not rejected applications for work permits by victims of trafficking or abuse. Some domestics who are abuse victims encounter difficulties finding suitable employment, as employers may be reluctant to allow them sufficient time off to participate in police investigations. Singapore does not offer permanent residency status to persons based on their status as a victim. Victims of trafficking or maid abuse are referred by authorities to shelters for women and children such as the Toa Payoh Girls Home or the Good Shepherd Center. The Ministry of Community Development, Youth and Sports (MCYS) refers clients to at least six different such centers. In other cases, abused foreign domestics live in shelters run by their embassies. Both the Indonesian and Philippine Embassies run shelters for their abused domestics. As preparations were made to return her to her parents, the 12-year old Malaysian girl referred to above stayed at the Toa Payoh Girls Home, where she received counseling and other services tailored to her specific needs. MCYS has arranged both counseling and health care for victims of both trafficking and maid abuse. A government-run clinic offers free screening for HIV/AIDs and other sexually transmitted diseases on an anonymous basis. Post does not know how many victims received assistance from MCYS, but the Ministry assures us it offers services to any victims it determines need them. NGO contacts who work with the MCYS to find shelter and other assistance for trafficking victims or other women who need protection, such as women who are trying to leave the prostitution, are pleased with the support and cooperation they receive from the Ministry. ¶B. Does the government provide funding or other forms of support to foreign or domestic NGOs for services to victims? Please explain. Due to the limited number of victims, the government does not provide dedicated funding to assist trafficking victims. However, the government does provide financial assistance to shelters for women and children (approximately SGD 250,000 in 2003, a 35-percent increase from 2002),and does assist a clinic that provides health services and counseling to victims. ¶C. Is there a screening and referral process in place, when appropriate, to transfer victims detained, arrested or placed in protective custody by law enforcement authorities to NGOs that provide short- or long-term care? There is no specific referral procedure. However, law enforcement authorities have good relationships with NGOs, the Ministry for Community Development, Youth and Sports, the Ministry of Manpower and foreign diplomatic representatives. The police generally inform embassies when they detain foreign nationals; the detention of foreign prostitutes is the main exception to this practice. Unless foreign prostitutes are detained for immigration offenses or are needed for police investigations or to testify at a trial, authorities usually repatriate them as soon as possible. According to diplomatic observers and NGOs, the police expeditiously refer victims who need housing to them. ¶D. Are the rights of victims respected, or are victims also treated as criminals? Are victims detained, jailed, or deported? If detained or jailed, for how long? Are victims fined? Are victims prosecuted for violations of other laws, such as those governing immigration or prostitution? The rights of victims are fully respected. Embassy is not aware of any case where a trafficking victim was jailed or prosecuted. The question of whether trafficking victims are treated properly by authorities was raised for debate in Parliament in October 2004, and the government's responding assurance that victims are treated respectfully was widely publicized. Foreign prostitutes rounded up by the authorities are not prosecuted for prostitution offenses. In some cases, they are charged with being out of immigration status for staying in Singapore beyond the validity of their visa or permitted duration of their visit, or for returning to Singapore during a two-year ban, which the GOS imposes on women who have been caught working as prostitutes. Sentences for such offenses are between one and four months in jail. ¶E. Does the government encourage victims to assist in the investigation and prosecution of trafficking? May victims file civil suits or seek legal action against the traffickers? Does anyone impede the victims' access to such legal redress? If a victim is a material witness in a court case against the former employer, is the victim permitted to obtain other employment or to leave the country? Is there a victim restitution program? The government does encourage victims to assist in the investigation and prosecution of trafficking and maid abuse cases. Victims may file civil suits, but, although at least one NGO encourages women to pursue this course, none are known to have done so. No one impedes victims' access to legal redress. Victims are permitted to leave Singapore, and some are known to have done so in maid abuse cases; however, authorities are severely handicapped should they present a legal case without a witness, and police generally urge victims to remain, pending legal resolution of a case. Some victims so urged may mistakenly believe that departure would not be allowed. In some cases, Singapore prosecutors have flown witnesses back to Singapore as required to prosecute a case. Prosecutors express frustration that witnesses who leave Singapore often drop out of contact or decline to return. Singapore does not have a victim restitution program. ¶F. What kind of protection is the government able to provide for victims and witnesses? Does it provide these protections in practice? Authorities protect victims and witnesses from intimidation by defendants; in many cases, the accused are held in custody pending trial. The secure Toa Payoh Girls Home has been used to house victims who may face retribution by traffickers, as in the case of the 12-year old Malaysian girl referred to above. ¶G. Does the government provide any specialized training for government officials in recognizing trafficking and in the provision of assistance to trafficked victims, including the special needs of trafficked children? Does the government provide training on protections and assistance to its embassies and consulates in foreign countries that are destination or transit countries? Does it urge those embassies and consulates to develop ongoing relationships with NGOs that serve trafficked victims? In view of the limited number of victims, Singapore itself does not provide trafficking training per se. However, Singapore police officers are competent and well trained to recognize and assist victims of such crimes. In February 2004, however, Singapore police participated in a regional anti-trafficking law enforcement seminar alongside police from Malaysia and Indonesia. There are good counseling services available to victims of sexual assault and physical abuse, and the authorities work closely with NGOs and other organizations with training and experience. Singapore is not a country of origin for victims, making the last two questions not applicable. The Ministry of Manpower does train new foreign domestic workers on basic safety precautions and their rights under the law, and informs them of the resources, including the maid hotline, available to them. The Ministry also provides all maids with a handbook containing this information in their native language. ¶H. Does the government provide assistance, such as medical aid, shelter, or financial help, to its repatriated nationals who are victims of trafficking? Not applicable; no Singaporeans are known to have been trafficked. ¶I. Which NGOs, if any, work with trafficking victims? What types of services do they provide? What sort of cooperation do they receive from local authorities? In 2004 Singapore registered the &One Hope Center8 as a society; it is the first organization in Singapore dedicated to helping women escape prostitution. The organization's founder has worked with foreign workers, recovering drug addicts, and former convicts for seven years and received the President's Social Services Award in 2003. The One Hope Center works closely with the Ministry of Community Development, Youth and Sports (MCYS),the Immigration and Checkpoints Authority (ICA),and the police to provide for the women,s welfare. It employs trained counselors who help women leave prostitution, helps them get into shelters, and liaises with the police and immigration authorities as well as foreign embassies to facilitate their return home (usually putting them in contact with another welfare NGO is their destination country). The One Hope Center is currently talking to the MCYS about a proposal to start a &One-Stop8 center in one of Singapore,s red-light districts, which would serve as a shelter and provide counseling, skills training, and legal advice. (The MCYS would supply the building). The Center is also involved, with other local NGOs, in efforts to lobby the government to change its definition of trafficking to reflect the definition in the U.N. Protocol to Prevent, Suppress, and Punish Trafficking in Persons. Other NGOs assist foreign workers who have problems with employers (from failure to pay wages to physical or sexual abuse); while such problems rarely would amount to trafficking, the work of the NGOs helps provide confidence that labor trafficking victims would be discovered and assisted. A civil society group known as Transient Workers Count Too (formerly &The Working Committee 28),aims to boost protection for foreign workers, particularly maids, and detect abuse cases earlier. The Humanitarian Organization for Migration Economics (HOME) provides shelter to foreign workers who are in disputes with their employers or who have been abused, advocates on their behalf, and educates them on their rights and Singapore laws protecting them. HOME also occasionally takes in sex-trafficking victims referred by the police who are waiting to appear as witnesses for the prosecution of their pimps or traffickers. Some privately run shelters are available for foreign victims of sex-trafficking or maid abuse, and a government-assisted clinic provides sex-related health services and counseling. Cooperation from authorities is good, and authorities actively refer victims to these services. Singapore has strict laws on abetting immigration offenses, which would require shelters to decline services to persons out of immigration status; however, trafficking victims could obtain temporary immigration status pending a trial. Some NGO contacts also report that they have been able to work out arrangements with the Immigration and Checkpoints Authority where women trying to escape prostitution but whose visas have expired are allowed to return to their home country and are not charged with immigration offenses if they turn themselves in to the authorities. Other NGOs and some embassy officials note that source country embassies can sometimes prevail upon ICA to let people leave the country without serving time for the immigration offenses. LAVIN