What is Trafficking In Persons (TIP)?

Trafficking in Persons

30 July is World Day Against Trafficking in Persons (TIP). What does TIP means in the international, regional and domestic contexts, and how does TIP intersect with violations faced by migrant workers in Singapore?

The International Context

Internationally, TIP is defined in the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons (‘the Palermo Protocol’), which is part of the UN Convention Against Transnational Organized Crime. The Palermo Protocol was adopted by the United Nations in 2000 and is a landmark internationally binding instrument with regards to TIP. Singapore is a signatory to both the UN Convention and the Palermo Protocol. 

The Protocol defines TIP in Article 3(a) as:

“The recruitment, transportation, transfer, harbouring or receipt of persons, by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments of benefits to achieve the consent of a person having control over another person, for the purpose of exploitation”.

This definition can be broken down into three elements: 

  1. The act

    • The trafficker commits one of the following acts toward a person/s:

      • Recruits

      • Transports

      • Transfers

      • Harbours

      • Receives 

  2. The means

    • The trafficker commits this act through:

      • Threats

      • Coercion

      • Abduction

      • Fraud

      • Deception

      • Abuse of a person’s vulnerability

  3. The purpose

    • The act and means is committed for the purpose of exploitation, which includes, but is not limited to:

      • Prostitution and/or other forms of sexual exploitation 

      • Forced labour

      • Slavery and/or practices similar to slavery

      • Servitude

      • Organ removal

UNODC Model Law Against Trafficking in Persons

The United Nations Office on Drugs and Crime (UNODC) established the Model Law against TIP, to assist states in implementing provisions that are found in the Palermo Protocol. Some provisions are mandatory for parties to the Palermo Protocol, whilst others are recommendations that states can consider incorporating into domestic legislation. For example, it is mandatory for states to incorporate the Palermo Protoco’s definition of TIP, including but not limiting the definition of exploitation to the examples listed in the table above. It is permissive for states to also include other forms of exploitation, such as ‘forced or servile marriage’ or ‘the use in armed conflict’.

The Regional Context

South-East Asia has been known to be a fertile ground for TIP. Close borders between states and the high number of economic migrants are factors that make the region susceptible to large-scale, organised TIP activities. The 2023 Global Initiative Against Transnational Organized Crime index indicates that human trafficking in South-East Asia increased more than any other Asian subregion since the previous index in 2021.

The Association of South-East Asian Nations (ASEAN) have taken some steps to address the issue of TIP. For example, the ASEAN Convention Against Trafficking in Persons, Especially Women and Children 2015 (‘the Convention’) is a significant, legally binding regional instrument that has been ratified by Singapore. The Convention provides a wide range of suggestions with regard to protecting all victims of TIP, with a goal to reduce revictimisation as much as possible. All ASEAN states have ratified this Convention. In subsequent years, the ASEAN Plan of Action and the ASEAN Multi-Sectoral Trafficking in Persons Work Plan were introduced, with the aim of providing member states mechanisms to implement the Convention.

The Domestic Context

Singapore is highly dependent on migrant labour. There are more than 1 million low-wage migrant Work Permit (WP) holders as of December 2023, who work in sectors such as construction, marine, manufacturing, service and domestic work. Singapore is a key destination country in the region due to its relative prosperity (and strong currency), demand for migrant workers to fill a wide range of jobs, and reputation as a ‘safe destination’. The recruitment process and everyday living and working conditions of migrant workers make them vulnerable to situations of trafficking, in particular: 

  • difficulty in changing employers without their current employers’ consent;

  • high recruitment fees and wage theft in the form of underpayment / non-payment of salaries, or kickbacks;

  • confiscation of passports and other identity / employment documents; and 

  • deception in salaries and working conditions. 

Singapore acceded to the Palermo Protocol in 2015. This was a positive step in the direction of bringing justice to victims of TIP, as it means that Singapore has undertaken to be bound by the Protocol’s terms under international law. One obligation under the Protocol is ensuring that domestic legislation complies with standards set out in the Protocol.

The primary Singaporean legislation that addresses TIP is the Prevention of Human Trafficking Act 2014 (PHTA). There have been ten convictions under the PHTA to date, many of which are sex trafficking cases.

How can we strengthen Singapore’s TIP regime?

Whilst the PHTA largely adopts the Palermo Protoco’s TIP definition and provides some protections for victims of trafficking, it falls short of providing robust victim-centric protections and victim identification mechanisms. 

Definitions of key terms in the PHTA remain unaligned with international standards. Terms such as “abuse of vulnerability”, “coercion”, “deception” and “exploitation” should be clearly defined in the PHTA, in accordance with international standards found in the UNODC Model Law, so that survivors of TIP are identified and their cases investigated. 

A rights-based approach for victims of TIP should also be adopted. Migrant workers who are identified as potential victims of TIP should be given the full range of protections available under international law. Importantly, they should not be prosecuted or punished for crimes committed while being a TIP victim, be given the right to decent work opportunities, and compensation. 

There should also be stronger cross-border cooperation to regulate working conditions in compliance with international labour standards. Labour migration is a transnational process, and TIP is a transnational crime. Particularly, the problem of high recruitment fees paid by migrant workers, causing crippling financial indebtedness, is a significant factor in increasing their vulnerability to forced labour and trafficking. Collective efforts should be made by governments in countries of origin and destination to eradicate recruitment fees and for greater transparency in recruitment processes.

References:

  • ASEAN Convention Against Trafficking in Persons, Especially Women and Children, (2015). https://www.asean.org/wp-content/uploads/2015/12/ACTIP.pdf

  • Australian Human Rights Commission. (2009). Human rights explained: Fact sheet 6: How states commit to human rights treaties. https://Humanrights.gov.au/Our-Work/Education/Human-Rights-Explained-Fact-Sheet-6-How- States-Commit-Human-Rights-Treaties

  • Global Organised Crime Index . (2023). Continental overviews and results. Global Organised Crime Index. https://ocindex.net/report/2023/04-continental-overview.html

  • Martinus, M., & Zahra Aridati, I. (2024, February 20). Tackling technology abuse and human trafficking in ASEAN. East Asia Forum. https://eastasiaforum.org/2024/02/20/tackling-technology-abuse-and-human-trafficking-in-asean/

  • Ministry of Home Affairs. (n.d.). About human trafficking. Ministry of Home Affairs. https://www.mha.gov.sg/what-we-do/combating-trafficking-in-persons/about-human-trafficking

  • Prevention of Human Trafficking Act, (2015). https://sso.agc.gov.sg/Act/PHTA2014?ProvIds=P11-#pr1-

  • Ministry of Manpower. (n.d.). Foreign workforce numbers. Ministry of Manpower Singapore. Retrieved July 23, 2024, from https://www.mom.gov.sg/foreign-workforce-numbers

  • TWC2. (2015, October 2). Singapore accedes to the UN anti-trafficking protocol. TWC2. https://twc2.org.sg/2015/10/02/singapore-accedes-to-the-un-anti-trafficking-protocol/#:~:text=On%2028%20September%202015%2C%20Singapore%20acceded%20to%20the

  • Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime, (2000). https://www.ohchr.org/en/instruments-mechanisms/instruments/protocol-prevent-suppress-and-punish-trafficking-persons

  • United Nations Office on Drugs and Crime. (n.d.). The Protocol for Human Trafficking. United Nations: Office on Drugs and Crime. https://www.unodc.org/unodc/en/human-trafficking/protocol.html

  • Model Law Against Trafficking in Persons, (2009). https://www.unodc.org/documents/human-trafficking/UNODC_Model_Law_on_Trafficking_in_Persons.pdf

HOME