Prevention of Human Trafficking Act 2015

Last updated
Prevention of Human Trafficking Act 2014 (or 2015)
Parliament House Singapore.jpg
Parliament of Singapore
  • An Act to deter and punish trafficking in persons and to protect and assist trafficked persons, and to make consequential amendments to the Children and Young Persons Act (Chapter 38 of the 2001 Revised Edition).
Enacted by Parliament of Singapore
Enacted3 November 2014
Assented to12 December 2014
Commenced1 March 2015
Status: In force

The Prevention of Human Trafficking Act 2015 (PHTA) is a statute of the Parliament of Singapore that criminalizes Trafficking-In-Persons (TIP) especially vulnerable individuals. The law is designed specifically to make acts of knowingly receiving payment in connection with the exploitation of a trafficked victim a criminal offence.

Contents

Overview

The PHTA is an Act to deter trafficking-in-persons and supports the rehabilitation of trafficked victims, especially vulnerable individuals. The PHTA firstly provides enforcement of severe penalties that criminalizes any individual that receives monetary compensation that arises from the exploitation of a victim that is trafficked, especially women and children. [1] The PHTA also caters for the well-being of trafficked victims and encourages the reporting of trafficking or suspected trafficking activity. [2] Under this Act, anyone found guilty of recruiting, harbouring or conveying a child below the age of 18 for the purpose of exploitation, whether abroad or not, is liable to a maximum penalty of imprisonment of up to 10 years, a fine of up to $100,000 and caning of up to six strokes.

Uses of the Act

With the launch of the Integrated Resorts of Singapore, vice activities are taking place within the red-light districts of Geylang and even happening outside of the red-light districts. The PHTA caters for law enforcement agencies in going after syndicated crimes, keeping vice syndicates not immune from the law if they do not apply for a licence. [3] The launch of the PHTA also saw the formation of project X a community-based organisation with programmes for sex workers [4] that recorded more than 50 reports of abuse where consenting sex workers may be trafficked. [5]

Within a year of the Act's commencement, 25-year-old Muhammad Khairulanwar bin Rohmat, a final-year student from Singapore Institute of Management, was convicted under the Prevention of Human Trafficking Act and sentenced to a total of 6 years and 3 months' imprisonment and fined $30,000 for recruiting two underage girls between 15 and 16 years of age for sexual exploitation and lure them into prostitution. Khairulanwar admitted to 4 out of 18 charges – 3 under the Act for recruiting a child under the age of 18 for sexual exploitation and receiving payment from the exploitation of one of these underage girls, and one under the Penal Code for sexual penetration of a minor under 16 years of age with consent – against him; the other 14 charges – involving Khairulanwar's trafficking of 7 other girls for prostitution and receiving payment from the earnings of his victims – were taken into consideration during sentencing. Muhammad Khairulanwar bin Rohmat was the first person to be tried and convicted under the Prevention of Human Trafficking Act. [6] [7] [8]

As a consequence of this Act, by 2016, the Government of Singapore also ratified the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, [9] known as the Asean Convention against Trafficking in Persons, Especially Women and Children (ACTIP), at the 27th ASEAN Summit. [10]

Related Research Articles

<span class="mw-page-title-main">Commercial sexual exploitation of children</span> Commercial transaction that involves the sexual exploitation of a child

Commercial Sexual Exploitation of Children (CSEC) defines the "umbrella" of crimes and activities that involve inflicting sexual abuse on to a child as a financial or personal opportunity. Commercial Sexual Exploitation consists of forcing a child into prostitution, sex trafficking, early marriage, child sex tourism and any other venture of exploiting children into sexual activities. According to the Office of Juvenile Justice and Delinquency Prevention, the lack of reporting the crime and "the difficulties associated with identifying and measuring victims and perpetrators" has made it almost impossible to create a national estimate of the prevalence of Commercial Sexual Exploitation of Children in the United States. There is an estimated one million children that are exploited for commercial sex globally; of the one million children that are exploited, the majority are girls.

The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children is a protocol to the United Nations Convention Against Transnational Organized Crime. It is one of the three Palermo protocols, the others being the Protocol Against the Smuggling of Migrants by Land, Sea and Air and the Protocol Against the Illicit Manufacturing of and Trafficking in Firearms.

<span class="mw-page-title-main">Trafficking of children</span> Form of human trafficking

Trafficking of children is a form of human trafficking and is defined by the United Nations as the "recruitment, transportation, harboring, and/or receipt" kidnapping of a child for the purpose of slavery, forced labour, and exploitation. This definition is substantially wider than the same document's definition of "trafficking in persons". Children may also be trafficked for adoption. Not all adoption is a form of human trafficking, but illegal or informal is. Illegal adoptions violate multiple child rights norms and principles, including the best interests of the child, the principle of subsidiarity and the prohibition of improper financial gain.

<span class="mw-page-title-main">Sex trafficking</span> Trade of sexual slaves

Sex trafficking is human trafficking for the purpose of sexual exploitation. It has been called a form of modern slavery because of the way victims are forced into sexual acts non-consensually, in a form of sexual slavery. Perpetrators of the crime are called sex traffickers or pimps—people who manipulate victims to engage in various forms of commercial sex with paying customers. Sex traffickers use force, fraud, and coercion as they recruit, transport, and provide their victims as prostitutes. Sometimes victims are brought into a situation of dependency on their trafficker(s), financially or emotionally. Every aspect of sex trafficking is considered a crime, from acquisition to transportation and exploitation of victims. This includes any sexual exploitation of adults or minors, including child sex tourism (CST) and domestic minor sex trafficking (DMST).

Forced prostitution, also known as involuntary prostitution or compulsory prostitution, is prostitution or sexual slavery that takes place as a result of coercion by a third party. The terms "forced prostitution" or "enforced prostitution" appear in international and humanitarian conventions, such as the Rome Statute of the International Criminal Court, but have been inconsistently applied. "Forced prostitution" refers to conditions of control over a person who is coerced by another to engage in sexual activity.

Singapore ratified the 2000 UN TIP Protocol in September 2015.

<span class="mw-page-title-main">Human trafficking in South Africa</span>

Human trafficking in South Africa occurs as a practice of forced labour and commercial sexual exploitation among imported and exported trafficked men, women, and children. Generally, South African girls are trafficked for the purposes of commercial sexual exploitation and domestic servitude, while boys are used for street vending, food service, and agriculture. Anecdotal evidence suggests that South African children can also be forced to provide unpaid labor for landowners in return for land occupancy, living accommodation, or for maintaining labor tenancy rights. In any case, this form of unpaid labor has caused human trafficking to be described as a modern form of slavery. Human trafficking is the result of a combination of several factors, including gender inequality, economic instability, and political conflict. Since Africa experiences all of these, it is an active hub for human trafficking. Many urge for the need of a cultural shift to reduce instances of human trafficking by lessening the demand for sex and unpaid labor.

In 2008, Taiwan was primarily a destination for men, women, and children trafficked for the purposes of forced labor and sexual exploitation. It is also a source of women trafficked to Japan, Australia, the United Kingdom, and the United States. Women and girls from the People's Republic of China (P.R.C.) and Southeast Asian countries were trafficked to Taiwan through fraudulent marriages, deceptive employment offers, and illegal smuggling for sexual exploitation and forced labor. Many trafficking victims were workers from rural areas of Vietnam, Thailand, Indonesia, and the Philippines, employed through recruitment agencies and brokers to perform low skilled work in Taiwan’s construction, fishing, and manufacturing industries, or to work as domestic servants. Such workers were often charged high job placement and service fees, up to $14,000, resulting in substantial debt that labor brokers or employers use as a tool for involuntary servitude. Many foreign workers remained vulnerable to trafficking because legal protections, oversight by authorities and enforcement efforts were inadequate.

In 2019 Zimbabwe was a source, transit, and destination country for men, women, and children trafficked for the purposes of forced labor and sexual exploitation. Large scale migration of Zimbabweans to surrounding countries - as they fled a progressively more desperate situation at home - increased, and NGOs, international organizations, and governments in neighboring countries reported an upsurge in these Zimbabweans facing conditions of exploitation, including human trafficking. Rural Zimbabwean men, women, and children were trafficked internally to farms for agricultural labor and domestic servitude and to cities for domestic labor and commercial sexual exploitation. Women and children were trafficked for domestic labor and sexual exploitation, including in brothels, along both sides of the borders with Botswana, Mozambique, South Africa, and Zambia. Young men and boys were trafficked to South Africa for farm work, often laboring for months in South Africa without pay before "employers" have them arrested and deported as illegal immigrants. Young women and girls were lured to South Africa, the People's Republic of China, Egypt, the United Kingdom, the United States, and Canada with false employment offers that result in involuntary domestic servitude or commercial sexual exploitation. Men, women, and children from the Democratic Republic of the Congo, Malawi, Mozambique, and Zambia were trafficked through Zimbabwe en route to South Africa. Small numbers of South African girls were trafficked to Zimbabwe for domestic servitude. The government’s efforts to address trafficking at home have increased with the introduction of the National Action Plan (NAP) as well as the 2014 Trafficking in Persons Act. In addition, the trafficking situation in the country is worsening as more of the population is made vulnerable by declining socio-economic conditions.

<span class="mw-page-title-main">Human trafficking</span> Trade of humans for exploitation

Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation.

In 2010, Human trafficking in India, although illegal under Indian law, remained a significant problem. People were frequently illegally trafficked through India for the purposes of commercial sexual exploitation and forced/bonded labour. Although no reliable study of forced and bonded labour was completed, NGOs estimated this problem affected 20 to 65 million Indians. Men, women and children were trafficked in India for diverse reasons. Women and girls were trafficked within the country for the purposes of commercial sexual exploitation and forced marriage, especially in those areas where the sex ratio is highly skewed in favour of men. Men and boys were trafficked for the purposes of labour, and may be sexually exploited by traffickers to serve as gigolos, massage experts, escorts, etc. A significant portion of children are subjected to forced labour as factory workers, domestic servants, beggars, and agriculture workers, and have been used as armed combatants by some terrorist and insurgent groups.

Indonesia is a source, transit, and destination country for women, children, and men trafficked for the purposes of commercial sexual exploitation and forced labor. The greatest threat of trafficking facing Indonesian men and women is that posed by conditions of forced labor and debt bondage in more developed Asian countries and the Middle East.

Jamaica is a source, transit, and destination country for adults and children trafficked for the purposes of sexual exploitation and forced labor.

Human trafficking in Canada is prohibited by law, and is considered a criminal offence whether it occurs entirely within Canada or involves the "transporting of persons across Canadian borders. Public Safety Canada (PSC) defines human trafficking as "the recruitment, transportation, harbouring and/or exercising control, direction or influence over the movements of a person in order to exploit that person, typically through sexual exploitation or forced labour. It is often described as a modern form of slavery."

<span class="mw-page-title-main">Child trafficking in India</span>

India has a very high volume of child trafficking. As many as one child disappears every eight minutes, according to the National Crime Records Bureau. In some cases, children are taken from their homes to be bought and sold in the market. In other cases, children are tricked into the hands of traffickers by being presented an opportunity for a job, when in reality, upon arrival they become enslaved. In India, there are many children trafficked for various reasons such as labor, begging, and sexual exploitation. Because of the nature of this crime, it is hard to track; due to the poor enforcement of laws, it is difficult to prevent. As such, there are only vague estimates of figures regarding the issue. India is a prime area for child trafficking to occur, as many of those trafficked are from, travel through or destined to go to India. Though most of the trafficking occurs within the country, there is also a significant number of children trafficked from Nepal and Bangladesh. There are many different causes that lead to child trafficking, with the primary reasons being poverty, weak law enforcement, and a lack of good quality public education. The traffickers that take advantage of children can be from another area in India, or could even know the child personally. Children who return home after being trafficked often face shame in their communities, rather than being welcomed home.

Sex trafficking in Thailand is human trafficking for the purpose of sexual exploitation and slavery that occurs in the Kingdom of Thailand. Thailand is a country of origin, destination, and transit for sex trafficking. The sexual exploitation of children in Thailand is a problem. In Thailand, close to 40,000 children under the age of 16 are believed to be in the sex trade, working in clubs, bars, and brothels.

Bangladesh is a source and transit country for men, women, and children subjected to trafficking in persons, specifically forced labor and forced prostitution. A significant share of Bangladesh's trafficking victims are men recruited for work overseas with fraudulent employment offers who are subsequently exploited under conditions of forced labor or debt bondage. It also includes the trafficking of children – both boys and girls – within Bangladesh for commercial sexual exploitation, bonded labor, and forced labor. Some children are sold into bondage by their parents, while others are induced into labor or commercial sexual exploitation through fraud and physical coercion. Women and children from Bangladesh are also trafficked.

Nigeria is a source, transit, and destination country for women and children subjected to trafficking in persons including forced labour and forced prostitution. The U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2 Watchlist" in 2017. Trafficked people, particularly women and children, are recruited from within and outside the country's borders – for involuntary domestic servitude, sexual exploitation, street hawking, domestic servitude, mining, begging etc. Some are taken from Nigeria to other West and Central African countries, primarily Gabon, Cameroon, Ghana, Chad, Benin, Togo, Niger, Burkina Faso, and the Gambia, for the same purposes. Children from other West African states like Benin, Togo, and Ghana – where Economic Community of West African States (ECOWAS) rules allow for easy entry – are also forced to work in Nigeria, and some are subjected to hazardous jobs in Nigeria's granite mines. Europe, especially Italy and Russia, the Middle East and North Africa, are prime destinations for forced prostitution. Nigerians accounted for 21% of the 181,000 migrants that arrived in Italy through the Mediterranean in 2016 and about 21,000 Nigerian women and girls have been trafficked to Italy since 2015.

<span class="mw-page-title-main">Human trafficking in China</span>

China is a main source and also a significant transit and destination country for men, women, and children who are subjected to trafficking in persons, specifically forced labour and forced prostitution. Women and children from China are trafficked to Africa, Europe, Latin America, the Middle East, and North America, predominantly Taiwan, Thailand, Malaysia, and Japan for commercial sexual exploitation and forced labour. Women and children from Myanmar, Vietnam, Mongolia, former USSR, North Korea, Romania, Indonesia, Nepal, Pakistan, and Ghana are trafficked to China for commercial sexual exploitation and forced labour.

<span class="mw-page-title-main">Human trafficking in Southeast Asia</span>

Human trafficking in Southeast Asia has long been a problem for the area and is still prevalent today. It has been observed that as economies continue to grow, the demand for labor is at an all-time high in the industrial sector and the sex tourism sector. A mix of impoverished individuals and the desire for more wealth creates an environment for human traffickers to benefit in the Southeast Asia region. Many nations within the region have taken preventive measures to end human trafficking within their borders and punish traffickers operating there.

References

  1. Kok, Xing Hui. "Singapore accedes to UN protocol to prevent and combat human trafficking". Straits Times. Retrieved 20 February 2016.
  2. "Prevention of Human Trafficking Act to Take Effect from 1 March 2015". Ministry of Home Affairs. Singapore Inter-Agency Taskforce on Trafficking-in-Persons. Retrieved 20 February 2016.
  3. "Second Reading of the Prevention of Human Trafficking Bill - Speech by Mr Masagos Zulkifli, Senior Minister of State for Home Affairs and Foreign Affairs". Ministry of Home Affairs. Government of Singapore. Retrieved 20 February 2016.
  4. "ProjectX". More Than Just Condoms. Sunshine Initiative (Singapore). Retrieved 20 February 2016.
  5. Ho, Vanessa. "Exercise prudence to protect potential human trafficking victims". Today. Retrieved 20 February 2016.
  6. "Crimewatch 2016". meWATCH. Retrieved 17 May 2020.
  7. Chong, Elena (20 February 2016). "Man recruited two girls to be sexually exploited". The Straits Times. Retrieved 17 May 2020.
  8. Lim, Yvonne. "18 charges for first man arrested under human trafficking Act". Today. Retrieved 20 February 2016.
  9. Kok, Xing Hui. "S'pore accedes to trafficking protocol". Straits Times. Retrieved 20 February 2016.
  10. Koh, Leslie (26 January 2016). "Singapore ratifies Asean Convention against Trafficking in Persons, Especially Women and Children". Straits Times. Retrieved 20 February 2016.