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Prevention of Human Trafficking Act 2014 (or 2015) | |
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Parliament of Singapore | |
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Enacted by | Parliament of Singapore |
Enacted | 3 November 2014 |
Assented to | 12 December 2014 |
Commenced | 1 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.
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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.
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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]
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.
Trafficking of children is a form of human trafficking and is defined by the United Nations as the "recruitment, transportation, transfer, harboring, and/or receipt" kidnapping of a child for the purpose of slavery, forced labor and exploitation. This definition is substantially wider than the same document's definition of "trafficking in persons". Children may also be trafficked for the purpose of adoption.
Sex trafficking is human trafficking for the purpose of sexual exploitation, including sexual slavery, which is considered a form of modern slavery. A victim is forced, in one of a variety of ways, into a situation of dependency on their trafficker(s) and then used by the trafficker(s) to perform sexual services to customers. Sex trafficking crimes can involve acquisition, transportation and exploitation; this includes child sex tourism (CST), domestic minor sex trafficking (DMST) or other kinds of commercial sexual exploitation of children, and prostitution.
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 insufficiently understood and inconsistently applied. "Forced prostitution" refers to conditions of control over a person who is coerced by another to engage in sexual activity.
According to the US Government's Trafficking in Person's Report, 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, Vietnam, Cambodia, 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 face the unlawful confiscation of their travel documents, restrictions on their movement, confinement, and/or physical or sexual abuse. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 1" in 2020.
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.
Zimbabwe is 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 flee a progressively more desperate situation at home—has increased, and NGOs, international organizations, and governments in neighboring countries are reporting an upsurge in these Zimbabweans facing conditions of exploitation, including human trafficking. Rural Zimbabwean men, women, and children are trafficked internally to farms for agricultural labor and domestic servitude and to cities for domestic labor and commercial sexual exploitation. Women and children are 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 are 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 are 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 are trafficked through Zimbabwe en route to South Africa. Small numbers of South African girls are 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.
Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced marriage, or the extraction of organs or tissues, including for surrogacy and ova removal. Human trafficking can occur within a country or trans-nationally. Human trafficking is a crime against the person because of the violation of the victim's rights of movement through coercion and because of their commercial exploitation. Human trafficking is the trade in people, especially women and children, and does not necessarily involve the movement of the person from one place to another.
Human trafficking in India, although illegal under Indian law, remains a significant problem. People are 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 has been completed, NGOs estimate this problem affects 20 to 65 million Indians. Men, women and children are trafficked in India for diverse reasons. Women and girls are 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 are 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.
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."
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; and due to the poor enforcement of laws, it is difficult to prevent. Due to the nature of this crime, it is only possible to have 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. Child prostitution 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. Children – both boys and girls – are trafficked 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 to India for commercial sexual exploitation.
Barbados is a source and destination country for men, women, and children subjected to trafficking in persons, specifically forced prostitution and forced labor. Some children in Barbados are subjected to commercial sexual exploitation in “transactional sex” wherein a third party such as a parent receives a benefit from the child’s participation in sexual activity. Researchers identified patterns of transactional sex within families, most often by adult male caretakers such as step-fathers, as well as child prostitution outside the home. Women from the Dominican Republic, Guyana, and Jamaica voluntarily enter Barbados as illegal migrants, and some expect to engage in prostitution. Some of these women are exploited in forced prostitution subsequent to their arrival. Some other foreign women who entered the country illegally are exploited in involuntary domestic servitude in private homes. Foreign men have been transported to Barbados for the purpose of labor exploitation in construction and other sectors. Sex traffickers, primarily organized criminals from Guyana, form partnerships with pimps and brothel owners from Trinidad and Tobago and Barbados, and lure women to Barbados with offers of legitimate work. Trafficking victims tend to enter the country through legal means, usually by air; traffickers later use force and coercion to obtain and maintain the victims’ work in strip clubs, massage parlors, some private residences, and “entertainment clubs” which operate as brothels. Traffickers use methods such as threats of physical harm or deportation, debt bondage, false contracts, psychological abuse, and confinement to force victims to work in construction, the garment industry, agriculture, or private households.
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.
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.
Sex trafficking in China is human trafficking for the purpose of sexual exploitation and slavery that occurs in the People's Republic of China. China, the world's most populous country, has the second highest number of human trafficking victims in the world. It is a country of origin, destination, and transit for sexually trafficked persons.
Sex trafficking in Singapore is human trafficking for the purpose of sexual exploitation and slavery that occurs in the Republic of Singapore. Singapore is primarily a destination country for sexually trafficked persons.