Joint Statement for World Day against Trafficking in Persons
30 July 2020
World Day Against Trafficking in Persons falls on 30 July. This year, we commend Singapore’s advancement to Tier 1 in the US State Department’s Trafficking in Persons (TIP) report. We are also heartened by the increase in the cases investigated, increased convictions as well as the first labour trafficking conviction under the Prevention of Human Trafficking Act (PHTA), which was enacted in 2014.
Nevertheless, there is an ever-growing need for a better recognition and integration of the lived realities of these victims into our existing framework against TIP, as well as the need to redesign structures that appear to exacerbate their vulnerabilities. In this statement, we highlight gaps that exist within our national approach in combating TIP, and put forth recommendations that will hopefully strengthen our TIP regime.
A. Accounting for vulnerabilities in our legal framework
There is a lack of clearly-defined terms in the PHTA that prevents individuals who have been trafficked from being identified. The PHTA’s definitions of key terms are significantly different from the UNODC Model Law Against TIP in Persons. These indicators should be clearly defined in the PHTA so that survivors of TIP are identified and their cases investigated in accordance with international standards:
Abuse of the position of vulnerability: The PHTA does not include abuse of vulnerability as regards to reduced capacity to form judgments by virtue of being a child, promises or giving sums of money or other advantages to those having authority over a person, and being in a precarious situation from the standpoint of social survival. We are concerned about these omissions as these vulnerabilities (social and economic weakness, payment of large sums of money, being underage) are common amongst the groups that we assist.
Coercion: The PHTA definition excludes ‘non-violent or psychological use of force of threat’, and omits psychological pressure as a means of coercion. This omission is concerning because psychological violence and harassment—emotional abuse, intimidation, threats, bullying—are frequently utilized as tools of coercion by employers, recruiters and those in relative positions of power to induce victims to stay in dangerous and unfavourable working conditions and/or not report violations.
Deception is not defined in the PHTA. We recommend that deception be defined to include not just the nature of work and services but also the conditions under which the person is expected to perform such work (for e.g. hours of work, legality of permit and other forms of documentation, promises made regarding freedom of movement etc.).
Exploitation: The PHTA does not have a definition of ‘exploitation’ that clearly defines the forms of exploitation involved in TIP. In particular, ‘forced labour or services’ should be defined to criminalize all involuntary work or services extracted by the use of threats or penalties.
B. Adopting a rights-based victim protection framework
We recommend adopting a rights-based approach for victims of TIP. Potential victims of TIP should be given the full range of protections available under international law. Alleged victims of crime, including TIP, are often held back by the State as prosecution witnesses. Criminal cases are often protracted, and during these stays there are no guarantees of financial, legal and livelihood support. While we note that victims have been given customised support measures, it is essential for victims of TIP to have a legally-mandated right to various protection measures under the PHTA. Given that the PHTA was enacted in 2014, we would recommend a review of the Act in its current landscape to ensure adequate assistance is given to protect victims of TIP. Some vital protection measures to be added under the PHTA could include:
The right to not be prosecuted for legal infractions committed while trafficked, including immigration offences (which may result due to workers being deceived about the legality of the permits they are issued);
Informed consent to participation in investigations;
Access to legal assistance;
The right to decent work opportunities, compensation, and a recovery period after reporting;
Access to timely and adequate medical care; and
Special support for victims who are minors.
C. Improving the capacity of enforcement agencies
Provide capacity-building programmes to law enforcement officers and other relevant front-line responders: Capacity-building programmes are necessary to ensure that labour officials and the police are able to recognize the indicators and victims of TIP. While we are heartened that the authorities have reported to have held continuous trainings on anti-trafficking measures, victim identification processes need to be continuously strengthened with the deep involvement of CSOs working in this area, both locally and internationally.
Strengthen 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. Bilateral agreements must align labour standards between origin and destination countries. Regulatory systems also need to be established to ensure effective crossborder monitoring and management of breaches. In particular, transnational collaboration and regulation of recruitment practices should be improved. The indebtedness of migrant workers in Singapore is a significant factor in their acceptance of deteriorating working conditions. Efforts should be made by governments in countries of origin and destination to shift towards the International Labour Organization’s Fair Recruitment Initiative and adopt its key principles, which includes a ‘zero fees for workers’ model and advocates for greater transparency in recruitment processes.
Signatories:
HOME
TWC2
Hagar
Maid for More
Migrant Cultural Show