...there is strong support for a new mechanism to ensure that States are fulfilling their commitments on women’s rights. Discussions are now underway to decide if a special rapporteur, an independent expert, a working group or some other mechanism would be best suited to the task.Current UN human rights mechanisms on women include a CEDAW committee, an Optional Protocol, and a Special Rapporteur on violence against women.
The Department places each country included on the 2008 TIP Report into one of the three lists, described here as tiers, mandated by the TVPA. This placement is based more on the extent of government action to combat trafficking, rather than the size of the problem, important though that is. The Department first evaluates whether the government fully complies with the TVPA’s minimum standards for the elimination of trafficking (detailed on p. 284). Governments that fully comply are placed in Tier 1. For other governments, the Department considers whether they are making significant efforts to bring themselves into compliance. governments that are making significant efforts to meet the minimum standards are placed in Tier 2. Governments that do not fully comply with the minimum standards and are not making significant efforts to do so are placed in Tier 3. Finally, the Special Watch List criteria are considered and, when applicable, Tier 2 countries are placed on the Tier 2 Watch List.The entry referring to Singapore is reproduced below.
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.
Straits Times
June 10, 2008
Case wins suit against errant timeshare firm
By Lim Wei Chean
SINGAPORE'S consumer watchdog has won a lawsuit against a local timeshare company that tricked and pressured customers into selling off their vacation digs.
But the victory against firm Global Europ might not be great news for dozens of clients who say they were swindled.
The six-year-old Singaporean company, which helps customers terminate their timeshare contracts, is winding up its timeshare business. The division was the subject of 52 complaints to the Consumers Association of Singapore (CASE).
The watchdog slapped Global Europ with a lawsuit under the Consumer Protection Act last September after customers said the firm lied and pressured them into selling, said Case's executive director Seah Seng Choon.
The company threw in the towel on May 14 and reached a consent judgment with CASE, admitting to unfair business practices and promising to desist and pay legal costs.
It also took out a notice in The Straits Times and Lianhe Zaobao yesterday to advertise the settlement.
Mr Seah said that consumers will still have to file a lawsuit against Global Europ to recover their money. But they will benefit from Global Europ's admission of guilt, he added.
At the time of the lawsuit, CASE said total claims against Global Europ were $155,478.80.
Despite the time required to take errant companies to task, Mr Seah said: 'The effort is still worth it because it will stop them from engaging in more unfair practices.'
It will also send a signal to the industry that the consumer watchdog will not sit by and do nothing. This is the second time CASE has brought a timeshare resale company to court - and won.
The first was Orion's Belt Network, in October 2006.
Global Europ could not be reached for comment, but The Straits Times understands that it is in the process of winding up its timeshare resale business. The company may retain the name for other business.
Timeshare and timeshare-related complaints remain at the top of CASE's list of top consumer problems. Last year, 2,093 complaints were filed with CASE.
