SINGAPORE'S SUBMISSION FOR THE 2006 TIP REPORT:

UNCLAS SECTION 01 OF 07 SINGAPORE 000631

SIPDIS

SENSITIVE
SIPDIS

STATE FOR G/TIP
STATE FOR INL/HSTC
STATE PASS AID

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN ELAB SMIG ASEC KFRD PREF SN
SUBJECT: SINGAPORE'S SUBMISSION FOR THE 2006 TIP REPORT:
PART II

REF: A. SINGAPORE 630

B. STATE 3836

C. SINGAPORE 470

D. SINGAPORE 139

E. 05 SINGAPORE 3614


1. This is the second of three messages relaying Embassy
Singapore's 2005 TIP submission. It covers the investigation
and prosecution of traffickers.

INVESTIGATION AND PROSECUTION
--------------


2. (SBU) 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? Please provide a full inventory of trafficking
laws, including civil penalties, (e.g., civil forfeiture laws
against illegal debt).

Singapore does have a law specifically prohibiting
trafficking (Women's Charter section 141) as well as several
other related laws. Combined, these statutes criminalize all
forms of trafficking in persons as defined by the U.N.
Protocol to Prevent, Suppress and Punish Trafficking in
Persons and the U.S. Trafficking Victims Protection Act.
Many defendants are prosecutable for more than one offense
under the laws described below; for persons convicted of more
than two crimes, consecutive sentences are mandatory. A
concrete example of this multiple-charging involved the
perpetrators in the case of a 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.

Laws pertaining to trafficking offenses include:

Forced or coerced prostitution: In Singapore, it is illegal
to use force or deceit to compel a person to go from any
place for the purpose of wrongful confinement, slavery,
illicit intercourse or prostitution; the punishment is up to
10 years in prison, a fine, and caning (Penal Code 362-368).
Procuring, trafficking, or bringing a woman or girl in or out
of Singapore (for any reason other than a legal marriage or
adoption) is illegal, and punishable by up to five years in
prison and a SGD10,000 fine (Women's Charter 141). Receiving
or harboring any woman or girl, if a person has reason to
know she has been procured for prostitution, is illegal; the
punishment is up to 5 years in prison and a SGD10,000 fine
(Women's Charter 140). Facilitating or abetting the
prostitution of any woman or girl is illegal; the punishment
is up to five years in prison and a SGD 10,000 fine (Women's
Charter 145). If the girl is under 16, the offender faces an
additional charge carrying a punishment of 3 years in prison
and a $2,000 fine. Managing or assisting in the management
of a place of assignation is illegal; being a tenant, lessee,
occupier or otherwise in charge of a place used as a brothel
is illegal; these crimes carry a penalty of up to five years
in prison and a $10,000 fine (Women's Charter 147-148). It
is illegal to compel a person to do anything they are not
legally bound to do through threats against them or any
person they have an interest in; the punishment is up to
seven years in prison and a fine (Penal Code 503-506).
Aiding the commission of any of the above offenses (even if
they take place abroad),through act or omission, is illegal
(Penal Code 107-109),meaning that harboring, transporting,
and detaining a person who is recruited/forced/coerced into
prostitution is illegal, as is facilitating child sex
tourism, and the punishments are the same as for the actual
crime. Persons found guilty of involvement in any offense
related to prostitution (for example, operating a place of
assignation) can be required to forfeit or vacate any
property found to be, in whole or in part, purchased with the
proceeds of their crime.

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Prostitution of minors: Singapore prohibits the unlawful
transfer, possession, custody or control of children and the
importation of children by false pretenses; both offenses are
punishable by up to four years in prison (Children and Young
Persons Act 12). In addition, it is an offense for a person
to commit or abet procuring any obscene or indecent act with
a child or young person (under 14 and 16 respectively); 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 (Children and Young Persons Act 7). It is
illegal to buy, sell, hire, let for hire, or otherwise obtain
or dispose of any person under 21 for the purpose of
prostitution; the punishment is up to 10 years in prison, a
fine, and caning (Penal Code 372-373). The government is
currently drafting amendments to its laws that would raise
the age of consent to 18 for commercial sex acts; changes are
expected to be enacted by mid-2006.

Involuntary servitude: Slavery and dealing in slaves is
illegal and punishable with up to 10 years in prison and a
fine (Penal Code 370-371). Unlawfully compelling a person to
labor against their will is an offense; the punishment is up
to one year in prison and a fine (Penal Code 374).
Wrongfully confining a person is illegal and is punishable
with up to three years in prison and a fine (Penal Code 344);
if the intention of the confinement is to keep them away from
persons interested in their welfare, including public
servants, the penalty can be increased by 2 additional years
in jail. Using force or deceit to compel any person to go
from any place for the purpose or wrongful confinement or
slavery is illegal and punishable with up to 10 years in
prison, a fine, and caning (Penal Code 362-368). It is
illegal to compel a person to do anything they are not
legally bound to do through threats against them or any
person they have an interest in; the punishment is up to two
years in prison and a fine (Penal Code 503-506). Aiding the
commission of any of the above offenses, through act or
omission, is illegal, and punishable with the same penalty as
the crime itself (Penal Code 107-109).



B. What are the penalties for traffickers of people for
sexual exploitation? For traffickers of people for labor
exploitation?

Per the answer in III.A, the penalties for traffickers of
people for sexual exploitation are up to ten years in prison,
a fine, and caning, which is the penalty in Singapore for
almost all crimes involving grievous bodily hurt by dangerous
weapons or means (including forcible assault, abduction,
abetment of suicide, attempted murder, and homicide not
amounting to culpable murder). Persons involved in serious
crimes, including sex-trafficking, may also be forced to
forfeit any property that can be considered, in whole or in
part, a benefit of the crime. The penalty for forcible rape
is up to 20 years in prison, a fine and caning; Singapore
authorities have successfully used the statutes on rape and
abetting or facilitating rape against traffickers.

The penalties for traffickers of people for labor
exploitation include a maximum of ten years in prison, a fine
and caning. Persons convicted of such crimes are also barred
from hiring any foreigners in the future.

Multiple, serious offenders, having received two sentences
for two or more years in prison, may also be sentenced to
police supervision after their release, and some, after a
third offense, can be sentenced to preventative detention.


C. What are the penalties for rape or forcible sexual
assault? How do they compare to the penalty for sex
trafficking?

See answer to section B.


D. Is prostitution legalized or decriminalized?
Specifically, are the activities of the prostitute
criminalized? Are the activities of the brothel
owner/operator, clients, pimps, and enforcers criminalized?
Are these laws enforced? If prostitution is legal and
regulated, what is the legal minimum age for this activity?
Note that in many countries with federalist systems,
prostitution laws may be covered by state, local, and
provincial authorities.

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Prostitution per se is not illegal. However, public
solicitation is illegal and punishable with a fine. It also
is illegal for third parties to live off the earnings of
prostitutes, which is punishable with a fine or jail.
Prosecutions for solicitation are rare and usually not aimed
at the prostitute herself. The Embassy is aware of only one
such prosecution in 2005, against a man who was soliciting on
behalf of several women -- Such actions would more normally
be prosecuted under Singapore's anti-pimping statute. Almost
all sex workers in Singapore come from other countries and
are in Singapore on a tourist or student visa. Entry into
Singapore for the purpose of prostitution or pimping is not
permitted, giving police legal grounds to detain and
repatriate suspected foreign sex workers. From January to
June 2005, authorities detained approximately 1700 foreign
women as suspected sex workers. A few of these women were
prosecuted for having overstayed their visas in Singapore,
but most were simply expelled after screening for possible
coercion and efforts to elicit cooperation as witnesses
against vice operators. In addition, authorities can exclude
from entry persons they believe may be entering to engage in
prostitution; 540 foreign women were denied entry on these
grounds between 2001-2003. (Note: Post will file updated
text when it receives full year, detailed law enforcement and
immigration statistics from MHA. End Note.)

The law allows authorities to detain for rehabilitation women
and girls under the age of 21 who are suspected of
involvement in prostitution. Since 1999, official
information is that only seven persons have been held under
this clause. The cases were: four Cambodian girls determined
to be 16-17 years old after medical examination (1999); one
18-year old Singaporean (2000); one 12-year old Malaysian
(2002); and one 16-year old PRC girl (2002). All were placed
in the Toa Payoh Girl's Home and given counseling; except for
the Singaporean, all were prosecution witnesses against the
vice operators.

The government does not currently regard 16- and 17-year old
sex workers as "trafficking" victims if they have knowingly
and willingly engaged in the trade. From a customer's
standpoint, only consensual sex acts with girls under the age
of 16 are illegal. Nevertheless, the government prosecutes
third parties involved in their prostitution, when girls are
willing to be prosecution witnesses. The government also has
indicated that it will raise the age of consent for
commercial sex acts to 18 in 2006. All homosexual acts of
any kind are illegal, though prosecutions in recent years
have been rare.

Operating a brothel and living off the earnings of a
prostitute (pimping) are illegal. From January to November
2004, authorities prosecuted 4 pimps and 63 "vice abettors"
(e.g., brothel operators). (Note: Post will file updated
text when it receives full year, detailed law enforcement and
immigration statistics from MHA. End Note.) In addition,
third parties involved in the prostitution of girls under the
age of 16 face enhanced penalties (see section III.A).

These legal structures are modified by the government's
policy of "discretionary enforcement" in designated red light
areas. After over 20 years of unsuccessful concerted efforts
to stamp out prostitution in the 1960s and 1970s, the
Government decided to allow some brothels to operate in
designated areas. Cracking down on prostitution had forced
the industry underground, leading to heavy involvement of
organized criminal elements and high rates of sexually
transmitted diseases. In exchange for the Government's
toleration of their activities, "authorized" brothels must
adhere to strict guidelines. Before commencing work, police
interview each woman to ensure she is a voluntary participant
in the sex trade. All the women must be at least 21 years
old, go through explicit "safe sex" training, submit
themselves to biweekly medical checkups, and carry a yellow
"health" card. These sex workers may work only in the
tolerated brothels, and may not solicit on the street or in
other establishments.


E. 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

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not, why not? (Note: complete answers to this section are
essential. End Note)

(Note: Post will send a cable with this when it receives full
year, detailed law enforcement and immigration statistics
from MHA at the end of the week. End Note.)


F. 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 operate 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
based outside of Singapore. Major organized crime rings do
not appear to be involved; some smaller rings have been
discovered in the source countries but generally have only a
few low-level persons physically in Singapore. For example,
in 2005 a victim rescued in Singapore gave police information
on a sex-trafficking ring that was sending women to
Singapore; the traffickers were later arrested in Thailand.
In another case, Police in Batam, Indonesia, discovered a
ring of baby smugglers that was sending babies to couples in
Singapore, but only one courier ever entered Singapore
itself.

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,
travel agencies that repeatedly bring people to Singapore who
do not leave when their visas expire are blacklisted by the
government, are required to post a SGD 1,000 deposit on every
one of their 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 labor or
sex trafficking, given Singapore's stringent immigration
rules: obtaining permanent residence status for a foreign
spouse is an arduous process that can take years and subjects
the couple to close scrutiny by immigration officials.
Marriages of convenience to obtain immigration status are
illegal, and people who misuse their Singapore documents
(passport and national identity card) to skirt immigration
rules can be prosecuted for fraud and corruption, both of
which carry heavy jail sentences and potential caning. The
government has recently prosecuted a few marriage agents
under Singapore's corruption statute. The Immigration and
Checkpoints Authority is currently investigating how marriage
agencies recruit foreign brides; one official told us that he
GOS hopes to prosecute some pending cases soon.


G. 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, electronic surveillance, and active patrols
to monitor the sex industry for coercion. Police and
prosecutors say that they deal with any allegations of
deception or coercion in the sex industry as priority cases,
and NGOs say that "all" such tips that they pass to the
police receive immediate attention. Authorities screen
detained suspected sex workers (i.e., those not operating in
the "tolerated" system) for possible cases of coercion, and
also to ascertain the identity of "vice operators" involved
and obtain prosecution witnesses against these third parties.
Singapore Police are effective and equipped with broad

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powers. They use techniques such as electronic surveillance,
informants, and undercover and covert operations.
Prosecutors can recommend mitigated punishments for people
who cooperate in a police investigation. They use these
powers fully to investigate cases of alleged trafficking,
report NGO representatives and other observers of the sex
industry.

For labor cases, the Ministry of Manpower conducts spot
checks on employers, has a hotline for domestic workers, and
with the police investigates tips from the public as well as
NGOs. In March 2005, for example, 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.


NGOs involved in combating sex and labor trafficking 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. NGO and consular
officials affirm that they have no difficulty in getting the
Police or Ministry of Manpower to respond to reports of
trafficking or inquiries into ongoing investigations; NGO
contacts also tell us that the police frequently seek them
out for assistance with investigations and keep them abreast
of their progress. One NGO contact said, "If I thought the
police were not following through or doing their job, I would
not hesitate to go to the press. I haven't had to do that
yet."


H. 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.
Police have consulted with a local NGO on techniques for
improving their interaction with victims. The Police
coordinate with foreign police forces on specialized training
on issues such as vice syndicates. Singapore also
participates in training courses at the U.S. International
Law Enforcement Academy in Bangkok, including courses on
trafficking-related crimes.


I. 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. We are aware of two specific cases this year in which
Singapore has undertaken a cooperative investigation of
possible trafficking rings with Thai and Indonesian police
(confirmed by the Thai and Indonesian police). The Singapore
Police 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.

Singapore works closely with its ASEAN partners on
trafficking, and exchanges police information on vice and
people-smuggling syndicates with several Asian countries.
ASEAN countries committed at their 2004 summit in Vientiane
to do more to combat trafficking and exploitation,
particularly of children. NGO contacts tell us that this is
a strong motivator for the government, which has noticeably
stepped up its anti-trafficking efforts in response to this
political commitment.

The authorities also work with embassies of domestic-worker
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. The other contact says his Embassy
chooses not to work with the police, and does not refer cases
to the Singapore authorities. Singapore does not release the
number or nature of cooperative international investigations
it participates in.

Singapore authorities worked closely with their Malaysian
counterparts in the case of the 12-year old girl who was

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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, after getting her testimony in the
case against her traffickers.

Singapore actively participates in multilateral fora to
combat TIP and people smuggling. Singaporean airport and
immigration authorities 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.


J. 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, but the GOS is willing to deport non-Singaporeans
into custody if there is no extradition treaty in existence.


K. Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional level?
If so, please explain in detail.

There is no evidence of government involvement in or
tolerance of trafficking. The Singapore Government is
virtually free of corruption. Penalties in the few isolated
cases of government corruption and misconduct have been harsh.


L. 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.


M. 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? Do 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, as well as other countries in the region for
purposes of sex tourism. 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, no estimates of the number of Singaporeans who
are involved in child sex tourism are available.

The Singapore government acknowledges that it has a sex
tourism problem and had drafted an amendment to its Penal
Code that would allow the government to apply its statutes
against child prostitution and rape to crimes committed
overseas. The amendment is expected to be adopted in early

2006.


N. 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.

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-- 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.
HERBOLD