Worst Forms of Child Labour Convention, 1999 (No. 182) - Singapore (Ratification: 2001)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted the Government’s indication that the Penal Code, Films Act, Undesirable Publications Act and the Children and Young Persons Act collectively provided robust protection against the production, possession and dissemination of pornographic materials. However, it observed that while children of 16–18 years of age were protected from the production, possession or dissemination of publications or information related to commercial sex, the use, procuring or offering of such children for pornography and pornographic performances did not appear to be specifically prohibited. The Committee, therefore, requested the Government to take the necessary measures to ensure that the current prohibition on using, procuring or offering of children under 16 years for pornography or for pornographic performances was extended to cover children of 16–18 years of age.

The Committee notes the Government’s statement that there are provisions in Singapore’s legislation that make it an offence to use, procure or offer individuals aged 16–18 years for immoral purposes which should include being used to produce pornography or to take part in pornographic performances. In this regard, the Committee notes the Government’s reference to the Women’s Charter of 1996 and the Penal Code which provide for penalties for the offences related to the use of women, girls and minors for immoral purposes. The Committee notes that according to section 140(1)(h) of the Women’s Charter, any person who detains any women or girls with intent that she may be employed or used for the purpose of prostitution or for any unlawful or immoral purposes shall be punished with imprisonment for a term not exceeding five years and to a fine not exceeding US$10,000. Furthermore, as per sections 372 and 373 of the Penal Code, whoever sells, hires, disposes of or otherwise obtains possession of any person under the age of 21 years with intent that such person may be employed or used for the purpose of prostitution or for any unlawful or immoral purposes shall be punished.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s indication that between 2008 and 2010, there were six substantiated cases of trafficking for sexual purposes involving persons under the age of 18 years which led to the prosecution and conviction of 19 persons.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 7 of the Children and Young Persons Act (CYPA) criminalizes obscene or indecent acts with a person under 16 years of age, and that section 11 prohibits children under 16 years from participating in public entertainment that is of an immoral nature. It also noted that section 32 of the Films Act punishes anyone who procures a person under 16 years of age to make, reproduce, import, distribute, or advertise obscene films. It further noted that section 376D(1)(c) of the Penal Code, as amended, carries penalties for any person who prints, publishes or distributes any information that is intended to promote any offence related to commercial sex with a minor under 18 years.

The Committee notes the Government’s indication that the Penal Code, Films Act, Undesirable Publications Act and the CYPA collectively provide robust protection against the production, possession and dissemination of pornographic materials. The Committee notes that the Undesirable Publications Act prohibits the sale, distribution, publication, production, exhibition or possession of any prohibited publication (sections 5 and 6), obscene publications (section 11) and objectionable publications (section 12). According to section 4 of the Act, the definition of objectionable publication includes any item which depicts, describes, expresses or otherwise deals with sex. The Government report further states that the amendments to the CYPA enhancing the penalties for the offences under section 7, was enacted on 20 July 2011. The Committee observes, however, that children of 16 to 18 years of age appear to be protected from the production, possession or dissemination of publications or information related to commercial sex, while their use, procuring or offering for pornography and pornographic performances is not specifically prohibited. The Committee, therefore, requests the Government to take the necessary measures to ensure that the current prohibition on using, procuring or offering of children under 16 years for pornography or for pornographic performances is extended to cover children of 16 to 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities. Causing or allowing children to be used for begging. The Committee previously noted that section 6 of the CYPA prohibits a person from causing or procuring a person under 16 years of age to be in any street, premises or place for the purpose of begging or carrying out of illegal activities such as gambling or other activities detrimental to the health or welfare of the child. It also noted that according to section 3 of the Destitute Persons Act, persons between 16 and 18 years who are found begging shall be delivered to the custody of the Director of Social Welfare for a social investigation and thereafter referred to reside in a welfare home or reunited with their family. The Committee requested the Government to take the necessary measures to extend the prohibition of using, procuring or offering of children for begging, to all persons under 18 years.

The Committee notes the Government’s statement that the provisions of the CYPA have taken into account the vulnerability of children under 16 years and their need for protection. The Government also states that, in Singapore there are no cases of street children or youth involved in begging activities. Moreover, there are measures, like compulsory education, to ensure that children are either in schools or engaged in vocational activities. The Committee further notes the Government’s statement that in the event of any persons between 16 and 18 years are found begging or destitute, a social investigation will be carried out to ensure that their welfare is addressed and social support will be provided to such youths and their families.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s indication that out of the 54 cases of trafficking reported in 2008, only one case involved a person under 18 years of age. The Committee further notes the Government’s information that in 2009 and 2010 there were a total of 25 cases related to trafficking of children under 18 years of age. The Committee requests the Government to indicate the number of persons prosecuted, convicted and sentenced with regard to the cases involving the trafficking of children.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted the Government’s information that, in order to enhance the protection of young persons against commercial sexual exploitation in Singapore and other countries, the Government had envisaged enacting laws with extraterritorial effect to combat child sex tourism and make it an offence for nationals to sexually exploit “minors” overseas. The Committee notes the Government’s indication that the revision of the Penal Code has been completed and that amendments incorporating the provisions related to commercial sex with minors under 18 have come into force since February 2008. The Committee notes with interest that section 376C of the Penal Code, as amended, make it an offence for any Singaporean citizen or a permanent resident of Singapore to obtain for consideration the sexual services of a person under 18 years of age, outside Singapore. Moreover, according to section 376D, any person who makes or organizes child sex tours or transports any person to a place outside Singapore, to facilitate the commission of the offence under section 376C, shall be punished.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously noted the Government’s information that a legislative amendment would be introduced to make it an offence for a person (male or female) to purchase sexual services from another person, male or female, who is under 18 years. The Committee notes with interest that as per section 376B of the Penal Code, as amended, any person who obtains for consideration the sexual services of a person under 18 years of age shall be punished with imprisonment for up to seven years.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted section 7 of the Children and Young Persons Act (CYPA) which criminalizes obscene or indecent acts with a person under 16 years of age, and section 11 which prohibits children under 16 years from participating in public entertainment that is of an immoral nature. It had also noted that section 32 of the Films Act punishes anyone who procures a person under 16 years of age to make, reproduce, import, distribute, or advertise obscene films. The Committee further noted the Government’s indication that the term “act of an immoral nature” refers to: (i) any denigrating act or practice which leads a child to be made a subject of sexual exploitation or being involved in any activity with covert or explicit sexual connotations; and (ii) any act which causes a child to be viewed as a sexual object, or any activity with overtones of sex that is inappropriate for the child and detrimental to the child’s emotional and social well-being.

The Committee notes that by virtue of section 292 of the Penal Code, as amended, any person who: (a) sells, lets to hire, distributes, exhibits or circulates any obscene book, painting, representation or figure or data stored in a computer disc or any other obscene objects, or for purposes of sale or distribution, makes, produces or has in his possession any such obscene objects; or (b) imports, exports or transmits by electronic means any such obscene objects; or (c) takes part in or receives profits from any business related to the production and distribution of such obscene objects; or (d) advertises or makes known that any person is engaged or is ready to engage in any of the above acts or that any such obscene object can be procured from or through any person, shall be punished. The Committee also notes that section 376D(1)(c) of the Penal Code, as amended, carries penalties for any person who prints, publishes or distributes any information that is intended to promote any offence related to commercial sex with a minor under 18 years. Noting that these provisions do not cover the full range of prohibitions contemplated in Article 3(b), namely, the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances, the Committee urges the Government to take the necessary measures to bring the legislation into conformity with this Article.

Clause (c). Use, procuring or offering of a child for illicit activities. Causing or allowing children to be used for begging, gambling or other illicit activities. The Committee had previously noted that, according to section 6 of the CYPA, a person who causes or procures a person under 16 years of age to be in any street, premises or place for the purpose of begging or carrying out of illegal activities such as gambling or other activities detrimental to the health or welfare of the child, commits an offence. The Committee notes the Government’s statement that according to section 132 of the Casino Control Act, a minor under the age of 21 years shall not enter or remain, or take part in any gaming on any casino premises. It further notes the Government’s reference to section 3 of the Destitute Persons Act, according to which persons between 16 and 18 years who are found begging shall be delivered to the custody of the Director of Social Welfare for a social investigation and thereafter referred to reside in a welfare home or reunited with their family. The Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities, constitutes one of the worst forms of child labour and is therefore prohibited for children below 18 years of age. The Committee therefore once again requests the Government to take the necessary measures to extend the prohibition of using, procuring or offering of children for begging, to all persons under 18 years.

Clause (d) and Article 4, paragraph 1. Hazardous work. The Committee had previously noted section 11 of the CYPA which prohibits the employment of persons under 16 years of age in work hazardous to their morals or dangerous to their life or prejudicial to their health and physical fitness. It had also noted sections 6, 13, 14 and 15 of the Employment of Children and Young Persons Regulation (ECYPR) which contain provisions prohibiting the employment of persons under 16 years of age in certain types of hazardous work. The Committee had further noted with interest the Government’s information that the Workplace Safety and Health Act (WSHA), which came into effect on 1 March 2006, provides for particular protection for young workers under 18 years.

The Committee notes that the Workplace Safety and Health (General Provisions) Regulations 2006, issued pursuant to section 65 of the WSHA, prohibit persons under 20 years of age from examining, lubricating, adjusting or conducting any other operation of dangerous machinery without proper fencing or safety measures (section 13), and section 21(13) prohibits persons under 18 years of age from operating any lifting machine driven by mechanical power, and giving signals to the operator of any lifting machine. The Committee notes that according to section 65(5) of the WSHA, the Minister may make regulations: (a) prohibiting the employment of or modifying or limiting the hours of work of any person in connection with any manufacture, machinery, plant, process or description of work; (b) prescribing the limit or controlling the use of any material or process; (c) prescribing maximum weights which may be lifted, carried or moved by any person at work; (d) prescribing the qualifications and minimum age of, and the training to be received by, persons who are at work using any machinery or plant; and (e) prescribing the procedures to be undertaken before the work can be carried out. The Committee requests the Government to indicate whether any other regulations prohibiting the employment of young persons under 18 years in any of the types of work described under the WSHA, or restricting the hours of work, or maximum weights allowed for young persons under 18 years have been issued pursuant to section 65(5) of the WSHA. If so, it requests the Government to provide a copy thereof.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that in 2008, two cases were reported under section 376B of the Penal Code on offences related to the commercial sexual exploitation of persons under 18 years; and 54 cases were reported on trafficking in persons, out of which two cases resulted in convictions. The Committee requests the Government to indicate how many of the 54 cases of trafficking reported in 2008 were related to children under 18 years. It also requests the Government to continue to provide information on the worst forms of child labour, including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s reports. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee notes the Government’s information that, in order to enhance protection of young persons against commercial sexual exploitation in Singapore and other countries, the Government envisages enacting laws with extra-territorial effect to combat child sex tourism and make it an offence for nationals to sexually exploit “minors” overseas. In particular, a Singapore citizen or permanent resident who purchases sexual favours from a minor under 18 years overseas will commit an offence. Moreover, anyone who organizes child sex tours, or prints, publishes, or distributes any information intended to promote, commercially, the sexual exploitation of minors, will commit an offence. The Committee notes that, according to the Government, these measures will be introduced as part of the legislative changes to be made once the review of the Penal Code has been completed in 2007. The Committee also notes the Government’s information that various provisions of the Penal Code and Women’s Charter can be used to punish trafficking, such as: sections 365, 366 and 367 which prohibit kidnapping and abduction for the purposes of forced sexual intercourse, prostitution and slavery; section 371 which prohibits selling, trafficking, and dealing in slaves; sections 372 and 373 which prohibit selling, hiring, buying or disposing of a person under 21 years for prostitution. The Committee requests the Government to keep it informed of the adoption of the envisaged laws to prohibit nationals from the commercial sexual exploitation of minors overseas.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously noted that various provisions of the Penal Code and the Women’s Charter prohibit prostitution (sections 372, 373 and 373A of the Penal Code; section 140 of the Women’s Charter). It had requested the Government to clarify whether sections 372 and 373 of the Penal Code which prohibit hiring, buying or disposing of a person under 21 years for prostitution apply to both males and females. The Committee notes the Government’s information that both boys and girls are protected under sections 372 and 373 of the Penal Code. It also notes the Government’s information that a legislative amendment will be introduced to make it an offence for a person (male or female) to purchase sexual services from another person, male or female, who is under 18 years. The Committee requests the Government to keep it informed of the adoption of this legislative amendment.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that section 7 of the Children and Young Persons Act (CYPA) states that a person who, in public or private, commits or abets to commit or procure a person to commit an “obscene or indecent act” with a person under 16 years of age, commits an offence. Section 11 of the same Act states that no person under 16 years of age shall take part in public entertainment that is of an immoral nature. The Committee had also noted that section 32 of the Films Act punishes anyone who procures a person under 16 years of age to make, reproduce, import, distribute, or advertise obscene films. It had also requested the Government to indicate the type of activities falling under the terms “act of an immoral nature” as defined under section 11 of the CYPA. Moreover, it had requested the Government to take the necessary measures to prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or pornographic performances. The Committee notes the Government’s information that the types of activities falling under the term “act of an immoral nature” are: (i) any denigrating act or practice which leads a child to be made a subject of sexual exploitation or being involved in any activity with covert or explicit sexual connotations; (ii) any act which causes a child to be viewed as a sexual object, or any activity with overtones of sex that is inappropriate for the child and detrimental to the child’s emotional and social well-being. The Committee notes the Government’s information that, under the review of the Penal Code, a new provision, which is intended to be gender neutral, will give more protection to persons between 16 and 18 years of age from commercial sexual exploitation. It notes, however, that the offences to be introduced in the Penal Code (referred to in the Government’s report) only cover some aspects of the commercial sexual exploitation of children under 18 years, such as the organization of child sex tours and the dissemination of any information intended to promote the commercial sexual exploitation of children under 18 years. The Committee’s concern is twofold. Firstly, these prohibitions may not deal with the full range of prohibitions contemplated in Article 3(b), in particular a prohibition of “using” a child in a pornographic production or performance as opposed to committing an obscene act with another person. Secondly, the existing prohibitions contained in the Penal Code do not apply to children between 16 and 18 years of age. In the framework of the review of the Penal Code, the Committee requests the Government to take the necessary measures to ensure that the full range of prohibitions contemplated in this Article, namely the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances, is prohibited.

Clause (c). Use, procuring or offering of a child for illicit activities. Causing or allowing children to be used for begging, gambling or other illicit activities. The Committee had previously noted that, according to section 6 of the CYPA, a person who causes or procures a person under 16 years of age to be in any street, premises or place for the purpose of begging or carrying out of illegal activities such as gambling or other activities detrimental to the health or welfare of the child, commits an offence. It had requested the Government to indicate the measures taken or envisaged to extend the prohibition on using children or young persons for begging, gambling or other illegal activities, as provided under section 6 of the CYPA, to all persons under 18. The Committee notes that the Government provides no information on the measures taken to extend the prohibition provided under section 6 of the CYPA to all persons under 18. The Committee once again requests the Government to provide information on the measures taken to this end.

Clause (d) and Article 4, paragraph 1. Hazardous work. The Committee had previously noted that, by virtue of section 11 of the CYPA, persons under 16 years of age shall not perform work hazardous to their morals or dangerous to their life or prejudicial to their health and physical fitness. It had also noted that the Employment of Children and Young Persons Regulation (ECYPR) contains various provisions which prohibit children and young persons under 16 years of age from being employed in types of hazardous work such as: any service involving management of, or attendance to, machinery in motion; any service involving management of, or attendance on or proximity to, any live electrical apparatus not effectively insulated (sections 13 and 14); underground work (section 15); night work (section 6). The Committee had requested the Government to take the necessary measures to ensure that no persons under 18 years of age undertake work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

The Committee notes with interest the Government’s information that the Workplace Safety and Health Act, replacing the Factories Act, was enacted and came into effect on 1 March 2006. This Act, which will progressively be extended to cover all workplaces, requires stakeholders to take reasonably practicable measures to ensure the safety and health of workers and those who are affected by the work. It also provides for particular protection for young workers. For example, no person under 20 years is allowed to manipulate, adjust or lubricate dangerous machinery. Moreover, no person under the age of 18 is allowed to: operate equipment for raising or lowering a suspended scaffold; operate any lifting machine driven by mechanical power; be designated as lift attendant in the construction industry or shipyard; work in any blasting chamber; or work with asbestos or benzene. The Committee requests the Government to provide a copy of the Workplace Safety and Health Act.

2. Child domestic workers. The Committee had previously noted that, according to section 67 of the Employment Act, the Minister may, by notification in the Gazette, apply any of the provisions of this Act with any modification as may be set out in the notification, to domestic workers or to any group, class or number of domestic workers; and the Minister may enact regulations on the working conditions applicable to domestic workers. The Committee notes the Government’s information that the Minister has taken steps to raise the minimum age requirement of foreign domestic workers (FDWs) from 18 to 23 years. Moreover, FDWs entering Singapore must also have a minimum of eight years of formal education and be able to pass an entry test to ensure that they understand basic safety instructions.

Article 5. Monitoring mechanisms. Anti-smuggling enforcement mechanisms: Immigration and Checkpoint Authority (ICA) and the police coast guard. The Committee notes the Government’s information that Singapore has adopted a multi-pronged approach including enforcement actions and security checks at the various checkpoints to detect and deter the smuggling of illegal immigrants in and out of Singapore. In particular, the ICA makes use of the vehicle and cargo inspection system and fibre scopes to detect illegal immigrants hidden in seat compartments of vehicles. All ICA officers receive profiling techniques training and attend basic interviewing and questioning techniques courses. Moreover, the police coast guard is active with its intensive patrols around Singapore territorial waters. The Committee notes the Government’s information that these efforts have been successful as the number of illegal immigrants arrested has fallen and the immigration situation in Singapore has improved significantly.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee had previously noted that, according to section 3 of the Compulsory Education Act, free and compulsory primary education only applies to Singaporean pupils. It had observed that the net migration rate was estimated at 25 migrants per 1,000 population in 2003, meaning that the number of immigrants, and consequently of non-national children, was quite high in the country. The Committee had shared the concern expressed by the Committee on the Rights of the Child (CRC/C/15/Add. 220, concluding observation, 27 October 2003, paragraphs 42–43) over the fact that not all children within the state party’s jurisdiction are covered by the Compulsory Education Act or have access to free primary school. It had encouraged the Government to provide free basic education to all children living in Singapore regardless of their nationality. The Committee notes the Government’s information that public education in Singapore is heavily subsidized for all students studying in Singapore. Financial assistance is available for those who cannot afford to pay their school fees.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee had previously noted that section 159 of the Women’s Charter provides that, if the Director of Social Welfare (DSW) has reasonable cause to believe that a female below the age of 21 years is involved in prostitution, the Director may, by warrant, order the woman or girl to be removed to a place of safety and there temporarily detained until an inquiry has been held. The Committee notes the Government’s information that the police is authorized by the DSW under sections 173 and 174 of the Women’s Charter to remove any woman under 21 who is found under the circumstances described in section 159. Under completion of the inquiry and where sufficient grounds are established by the police that the woman under 21 is found to be in situations described under section 159, that woman will be admitted to a place of safety for issues of moral danger (sections 160(1)(d) and 160(3) of the Women’s Charter). Intervention through counselling and assistance are rendered to victims to empower them to lead independent and fulfilling lives.

Article 8. Regional cooperation. Following its previous comments, the Committee notes the Government’s information that in September 2005 Singapore joined the Association of Southeast Asian Nations (ASEAN) in order to participate in regional efforts in eradicating commercial sexual exploitation. The ASEAN members’ police forces are linked via the ASEANAPOL e-database where information sharing and intelligence are concerned. An example of information and intelligence exchange between two members’ forces is the bilateral cooperation between the Singapore police force and the Indonesian national police. The Committee notes the Government’s information that in 2004 Singapore signed the Treaty of Mutual Legal Assistance in Criminal Matters (MLAT) among like-minded countries. All ASEAN member countries have signed this regional treaty. The offences covered under the MLAT include offences relating to: prostitution; trafficking for purposes of prostitution; trafficking of persons in violation of the Immigration Act. The Committee finally notes the Government’s information that in the area of investigation assistance on trafficking in persons, the police currently renders assistance and exchanges information with foreign counterparts whenever the need arises.

Part V of the report form. The Committee notes the Government’s information that in 2005 there were 20 reported cases involving 23 victims alleging, under section 140(1)(c) of the Women’s Charter, that they were threatened and intimidated for the purpose of prostitution. Moreover, there were 15 cases involving 15 victims alleging that they were tricked into prostitution under section 142 of the Women’s Charter. The Committee requests the Government to continue to provide information on the worst forms of child labour, including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the Government’s indication that, there are no reported cases of children trafficked into Singapore. The Committee observes that, by virtue of section 370 of the Penal Code, it is a criminal offence to import, export, remove, buy, sell, or dispose of a person as a slave, or to accept, receive or detain a person as a slave against that person’s will. It also notes that section 141 of the Women’s Charter states that any person who buys, sells, procures, traffics in or brings into or takes out of Singapore for the purpose of such traffic, whether or not for the purpose of present or subsequent prostitution, any woman or girl, commits a criminal offence. The Committee requests the Government to indicate whether the sale and trafficking of boys under 18 years of age for the purpose of sexual exploitation is prohibited.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee observes that according to article 10(1) of the Constitution, no one shall be held in slavery. It also notes that forced labour is prohibited under article 10(2) of the Constitution, and constitutes a criminal offence by virtue of section 374 of the Penal Code.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that, by virtue of section 10 of the Enlistment Act of 1970, the proper authority may by notice require a Singaporean citizen or a person having permanent residence in the country of not less than 18 years of age to report for enlistment for national service. The Committee also notes that, by virtue of sections 2 and 19 of the Enlistment Act, any person aged 16 years and 6 months may apply to the proper authority to be enlisted for regular service in the Singapore Armed Forces. It further notes that the Singapore Armed Forces (Volunteers) Regulations appear to regulate the voluntary enlistment in the armed forces. The Committee accordingly requests the Government to provide a copy of the Singapore Armed Forces (Volunteers) Regulations.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that a person who sells, lets to hire or hires, buys, or otherwise disposes or obtains possession of any person under 21 years of age with intent that such person shall at any age be employed or used for the purpose of prostitution or for any unlawful and immoral purpose, commits a criminal offence (sections 372 and 373 of the Penal Code). The Committee nevertheless observes that, according to the explanatory notes provided under sections 372 and 373 of the Penal Code, it is prohibited to sell, buy or otherwise dispose of a female under 21 years of age for the purpose of prostitution, whereas the wording used in sections 372 and 373 of the Penal Code indicates that the offence concerns any "person under 21 years of age". The Committee also observes that, by virtue of section 373(A) of the Penal Code, it is an offence to bring or assist in bringing into Singapore, by any false pretence, false representation, or fraudulent or deceitful means, a woman with intent that such woman may be sold or bought for the purpose of prostitution. The Committee further notes that section 140 of the Women’s Charter of 1997 prohibits the sale, hiring, detainment or disposal of a female with intent that she will be employed or used for the purpose of prostitution within or without Singapore. The Committee reminds the Government that Article 3(b) of the Convention prohibits the use, procuring or offering of girls and boys under 18 years of age for prostitution. The Committee requests the Government to clarify whether sections 372 and 373 of the Penal Code apply to both males and females.

2. Use, procuring or offering of a child, for the production of pornography or for pornographic performances. The Committee notes that section 7 of the Children and Young Persons Act states that a person who, in public or private, commits or abets to commit or procure a person to commit an obscene or indecent act with a person under 16 years of age, commits an offence. Section 11 of the Children and Young Persons Act states that no person under 16 years of age shall take part in public entertainment that is of an immoral nature.

The Committee notes that, by virtue of section 32 of the Films Act, a person who causes or procures a person under 16 years of age or, having custody, charge or care of such a person under 16 years of age, allows or encourages him/her to make, reproduce, import, distribute, possess or advertise obscene films, is guilty of an offence. An obscene film is defined under section 2 of the Film Act as a film which tends to deprave or corrupt persons who are likely to watch or listen to the film.

The Committee requests the Government to indicate the type of activities falling under the terms "act of an immoral nature" as defined under section 11 of the Children and Young Persons Act. Noting that only children up to 16 years of age seem to be protected from being used, procured or offered for the production of pornography or for pornographic performances, the Committee requests the Government to take the necessary measures to prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. Use, procuring or offering of a child for the production and trafficking of drugs. The Committee notes that, according to section 5 of the Misuse of Drugs Act of 2000, it shall be an offence for a person, on his behalf or on behalf of any other person whether or not that other person is in Singapore, to "(a) traffic in a controlled drug; (b) offer to traffic in a controlled drug; or (c) do or offer to do any act preparatory to or for the purpose of trafficking in a controlled drug". The term "traffic" means to sell, give, administer, transport, send, deliver or distribute, or to offer to do any of these acts (section 2 of the Misuse of Drugs Act). It is further prohibited to manufacture (section 6 of the Misuse of Drugs Act), to import into or export from Singapore (section 7 of the Misuse of Drugs Act), or to possess, smoke or administer a controlled drug (section 8 of the Misuse of Drugs Act). The Committee also notes that, by virtue of section 12 of the same Act, it is an offence for a person to abet another person to commit drug offences. Section 13 of the Act further states that it is prohibited to aid, abet, counsel or procure the commission, in any place outside Singapore, of an offence punishable under this Act. The Committee asks the Government to provide information on the practical application of the abovementioned sections 12 and 13 of the Misuse of Drugs Act with regard to children under 18.

2. Causing or allowing children to be used for begging, gambling or other illicit activities. The Committee observes that, according to section 6 of the Children and Young Persons Act, a person who causes or procures a person under 16 years of age or, having the custody, charge or care of such a person, allows that person to be in any street, premises or place for the purpose of: (a) begging or receiving alms, or of inducing the giving of alms, whether or not there is any pretence of singing, playing, performing or offering anything for sale; or (b) carrying out of illegal hawking, illegal lotteries, gambling or other illegal activities or activities detrimental to the health or welfare of the child, commits an offence. The Committee requests the Government to indicate the measures taken or envisaged to extend the prohibition on using children or young persons for begging, gambling or other illegal activities, as provided under section 6 of the Children and Young Persons Act, to all persons under 18.

Clause (d). Hazardous work. The Committee notes that according to sections 2 and 68(1) of the Employment Act, it is prohibited to employ a child under 14 years of age in an industrial or non-industrial undertaking except for light work or in family undertakings. It also notes that section 69 of the Employment Act states that no young person (means a person aged 14 to 16 years by virtue of section 2) shall be employed in industrial undertakings determined by notification of the Minister in the Gazette. The Committee notes that the Employment of Children and Young Persons Regulation of 1976 was adopted to give effect to section 69 of the Employment Act. Section 11 of the Employment of Children and Young Persons Regulation states that no child or young person shall be employed in any occupation or in any place or under working conditions injurious or likely to be injurious to the health of that child or young person. The Committee notes that according to section 11 of the Employment of Children and Young Persons Regulation read in conjunction with section 2 of the Employment Act, persons aged 16 years of age and above may undertake hazardous work. The Committee reminds the Government that, by virtue of Article 3(d) of the Convention, children under 18 years of age shall not undertake work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee requests the Government to take the necessary measures to ensure that no persons under 18 years of age undertake work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

Self-employed children. The Committee notes that, by virtue of section 11 of the Employment of Children and Young Persons Regulations, 1976, taken pursuant to sections 69 and 73 of the Employment Act, young persons shall not be employed on any work which is likely to harm their health. However, the Committee observes that, by virtue of section 2 of the Employment Act, the scope of application of this Act and any regulation based on it, is limited to persons who work for an employer under a contract of service. The Committee consequently notes that self-employed workers do not benefit from the protection laid down in the Employment Act. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Child domestic workers. The Committee observes that according to section 67 of the Employment Act, the Minister may, by notification in the Gazette, apply all or any of the provisions of this Act with modification as may be set out in the notification, to all domestic workers or to any group, class or number of domestic workers; and the Minister may enact regulations on the working conditions applicable to domestic workers. The Committee asks the Government to indicate whether a regulation on the working conditions of domestic workers has been enacted and, if so, to provide a copy of it. It also asks the Government to indicate the measures taken or envisaged to ensure that child domestic workers under 18 years of age do not perform work which is likely to harm their health, safety or morals.

Article 4. Determination of hazardous work. The Committee notes that section 13 of the Employment of Children and Young Persons Regulation of 1976 (as amended in 1977) prohibits children and young persons under 16 years of age from being employed, without the written approval of the Commissioner, in any service involving management of, or attendance to machinery in motion; in any service involving management of, or attendance on or proximity to any live electrical apparatus not effectively insulated (section 14). It is also prohibited to employ children and young persons in underground work (section 15 of the Employment of Children and Young Persons Regulation) and night work (section 6 of the Employment of Children and Young Persons Regulation). The Committee further observes that the Factories Act regulates the conditions of employment in factories and determines the authorized work. Section 23 of the Factories Act prohibits any examination, adjustment or lubrication of dangerous machinery by persons below the age of 20 years. The Committee also observes that, by virtue of section 11 of the Children and Young Persons Act, persons under 16 years of age shall not take part in public entertainment which is: (a) of an immoral nature; (b) dangerous to their life or prejudicial to their health, physical fitness and kind treatment; or (c) without the consent of the parent or guardian.

The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this regard, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that the list of the types of hazardous work that may not be performed by children under 18 years of age, will be adopted shortly, after consultation with the organizations of employers and workers concerned. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to inform it of any developments in this regard.

Article 5. Monitoring mechanisms. 1. Labour commissioner. The Committee notes the absence of information in the Government’s report on this point. However, it observes that section 3(1) of the Employment Act provides for the appointment, by the Minister, of a commissioner for labour who may perform all duties imposed and exercise all such powers conferred by this Act. The Minister may appoint inspecting officers as the Minister may consider necessary or expedient for the purposes of the Act (section 3(2) of the Employment Act). The Committee observes that the commissioner or any inspecting officer may enter, without previous notice, at any hour of the day or night all places of employment if there is reasonable cause to believe that an employee resides or is employed (section 103(1) of the Employment Act). The commissioner or inspecting officers are entitled, during inspections, to examine and remove documents or question any person supposed to be acquainted with the employment of another person (section 105(1) of the Employment Act). The Committee also notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/51/Add.8, 17 March 2003, paragraph 86), 775 inspections were made in 1999 and no cases of infringements with regard to the employment of children and young persons were found. The Committee asks the Government to provide information on the inspections carried out by the labour commissioner and the findings with regard to the implementation of national legislation concerning the worst forms of child labour.

2. Director of Social Welfare and the police. The Committee notes that the Director of Social Welfare is responsible for enforcing the Children and Young Persons Act (section 3(2)). Section 9(1)(a) of the Children and Young Persons Act empowers the Director of Social Welfare, "protectors" or police officers, if satisfied on reasonable grounds that a child or young person is in need of care and protection: (i) to enter by day or night without warrant or if necessary by force, into any premises in which the child or young person is to be found; or (ii) remove such child or young person, present him before a registered medical practitioner for treatment if necessary and commit him to a place of safety until he can be brought before a Juvenile Court. The term "protector" designates the Director of Social Welfare and includes any officer or other person appointed or authorized by the Director to exercise the powers and perform the duties of a protector under the Act (section 2 of the Children and Young Persons Act). The Committee asks the Government to provide information on the activities of the Director of Social Welfare as well as the police, and their findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the absence of information in the Government’s report on the programmes of action designed to eliminate the worst forms of child labour in the country. It also notes the Government’s statement that, child labour, in particular the worst forms of child labour, do not exist in Singapore. The Committee further notes that, the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.220, 27 October 2003, paragraphs 10-11) noted with regret that the State party had not developed a national plan of action for children. The Committee reminds the Government that even where the worst forms of child labour appear to be non-existent, the Convention requires ratifying member States to take measures to determine whether such forms of child labour exist and to ensure that they will not arise in the future. In this context, the Committee requests the Government to indicate what steps it envisages taking, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Singapore.

Article 7, paragraph 1. Sanctions. The Committee observes that, by virtue of section 370 of the Penal Code, whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains any person as a slave, shall be punished with up to seven years’ imprisonment and also liable to a fine. A person who buys, sells, procures, traffics in or brings into or takes out of Singapore a woman or a girl for the purpose of such traffic, and whether or not for the purpose of present or subsequent prostitution, is liable to five years’ imprisonment and a maximum fine of $10,000 (section 141 of the Women’s Charter). The Committee also notes that whoever unlawfully compels a person to labour against the will of that person shall be punished with a one-year imprisonment and/or with a fine (section 374 of the Penal Code).

The Committee notes that a person who sells, lets to hire or hires, buys, or otherwise disposes or obtain possession of any person under 21 years of age with intent that such person shall at any age be employed or used for the purpose of prostitution or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, is liable to ten years’ imprisonment and a fine (sections 372 and 373 of the Penal Code).

A person who, in public or private, commits or abets to commit or procure or encourage a person to commit an obscene or indecent act with a child or a young person shall be liable to two years’ imprisonment, a fine of a maximum of $5,000 or both (section 7 of the Children and Young Persons Act). It also observes that a person who causes or procures a person under 16 years of age to make, reproduce, import, distribute, possess or advertise obscene films shall be punished by 12 months’ imprisonment, a fine of $20,000 to $80,000 or both. The Committee also notes that a person who abets another person to commit a drug offence (including selling, transporting, distributing, importing, exporting or trafficking controlled drugs) is liable to 20 years’ imprisonment (penalties will vary depending on the type of drug involved) (sections 12, 33 and part IV of the Misuse of Drugs Act).

The Committee notes that a person who causes or procures a child or a young person for begging, gambling or performing other illegal activities is liable to 12 months’ imprisonment, a maximum fine of $2,000 or both (section 6 of the Children and Young Persons Act).

Concerning work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, the Committee notes that a person who employs a child or a young person in contravention of the provisions of the Act on the employment of children and young persons (or any of the regulations made there under), and any parent or guardian who knowingly or negligently suffers or permits such employment shall be liable to two years’ imprisonment, a maximum fine of $2,000 or both ( section 74 of the Employment Act).

The Committee asks the Government to provide information on the penalties imposed in practice.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the time-bound measures taken to: (c) ensure access to education to all children removed from the worst forms of child labour; (d) to identify and reach out to children at special risk; and (e) to take account of the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(c), (d) and (e) of the Convention.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes the Government’s indication that a Law was enacted in January 2003 to establish six years of compulsory primary education. The Government’s report further indicates that a large majority of children and young persons below 16 years are either in school or vocational institutes. In the year 2002, 92 per cent of the pupils completed secondary education (approximately ten years of education). The Committee also notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/51/Add.8, 17 March 2003, paragraph 427) that in order to make all forms of education available and accessible to every child, the Government established 199 primary schools, 152 secondary schools, 14 junior colleges, two centralized institutes, 14 institutes of technical education centres and four polytechnics in 1999. The Committee nevertheless notes that according to section 3 of the Compulsory Education Act, free and compulsory primary education only applies to Singaporean pupils; the Government has indicated to the Committee on the Rights of the Child (CRC/C/51/Add.8, 17 March 2003, paragraphs 420-422) that non-nationals may enrol in primary education upon the payment of annual fees. The Committee also observes that the net migration rate was estimated at 25 migrants/1,000 population in 2003, meaning that the number of immigrants, and consequently of non-national children, is quite high in the country. The Committee shares the concern expressed by the Committee on the Rights of the Child (CRC/C/15/Add.220, concluding observation, 27 October 2003, paragraphs 42-43) over the fact that not all children within the State party’s jurisdiction are covered by the Compulsory Education Act or have access to free primary school. The Committee draws the Government’s attention to the fact that non-national children of low-income families are more likely to be exploited if they do not have access to primary education. The Committee accordingly encourages the Government to provide free basic education to all children living in Singapore regardless of their nationality.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee observes that section 159 of the Women’s Charter provides that, if the Director of Social Welfare has reasonable cause to believe that a female below the age of 21 years is: (a) being trained or used for immoral purposes; (b) lives or frequents any brothel; or (c) habitually in the company of prostitutes or brothel keepers or persons employed or living in brothels or persons directly interested in the business carried out in brothels or by prostitutes, the Director may, by warrant, order the woman or girl to be removed to a place of safety and there temporarily detained until an inquiry has been held. The Committee asks the Government to provide information on the practical application of the abovementioned provision.

Article 8. International cooperation. The Committee notes that Singapore is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1995, signed the Optional Protocol on the Involvement of Children in Armed Conflict in 2000, as well as the International Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others in 1966. The Committee asks the Government to indicate any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part III of the report form. The Committee notes the absence of information in the Government’s report on this point. It accordingly asks the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Part IV. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in Singapore, including any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed actions against the worst forms of child labour.

Part V. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s first report. The Committee requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the Government’s indication that, there are no reported cases of children trafficked into Singapore. The Committee observes that, by virtue of section 370 of the Penal Code, it is a criminal offence to import, export, remove, buy, sell, or dispose of a person as a slave, or to accept, receive or detain a person as a slave against that person’s will. It also notes that section 141 of the Women’s Charter states that any person who buys, sells, procures, trafficks in or brings into or takes out of Singapore for the purpose of such traffick, whether or not for the purpose of present or subsequent prostitution, any woman or girl, commits a criminal offence. The Committee requests the Government to indicate whether the sale and trafficking of boys under 18 years of age for the purpose of sexual exploitation is prohibited.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee observes that according to article 10(1) of the Constitution, no one shall be held in slavery. It also notes that forced labour is prohibited under article 10(2) of the Constitution, and constitutes a criminal offence by virtue of section 374 of the Penal Code.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that, by virtue of section 10 of the Enlistment Act of 1970, the proper authority may by notice require a Singaporean citizen or a person having permanent residence in the country of not less than 18 years of age to report for enlistment for national service. The Committee also notes that, by virtue of sections 2 and 19 of the Enlistment Act, any person aged 16 years and 6 months may apply to the proper authority to be enlisted for regular service in the Singapore Armed Forces. It further notes that the Singapore Armed Forces (Volunteers) Regulations appear to regulate the voluntary enlistment in the armed forces. The Committee accordingly requests the Government to provide a copy of the Singapore Armed Forces (Volunteers) Regulations.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that a person who sells, lets to hire or hires, buys, or otherwise disposes or obtains possession of any person under 21 years of age with intent that such person shall at any age be employed or used for the purpose of prostitution or for any unlawful and immoral purpose, commits a criminal offence (sections 372 and 373 of the Penal Code). The Committee nevertheless observes that, according to the explanatory notes provided under sections 372 and 373 of the Penal Code, it is prohibited to sell, buy or otherwise dispose of a female under 21 years of age for the purpose of prostitution, whereas the wording used in sections 372 and 373 of the Penal Code indicates that the offence concerns any "person under 21 years of age". The Committee also observes that, by virtue of section 373(A) of the Penal Code, it is an offence to bring or assist in bringing into Singapore, by any false pretence, false representation, or fraudulent or deceitful means, a woman with intent that such woman may be sold or bought for the purpose of prostitution. The Committee further notes that section 140 of the Women’s Charter of 1997 prohibits the sale, hiring, detainment or disposal of a female with intent that she will be employed or used for the purpose of prostitution within or without Singapore. The Committee reminds the Government that Article 3(b) of the Convention prohibits the use, procuring or offering of girls and boys under 18 years of age for prostitution. The Committee requests the Government to clarify whether sections 372 and 373 of the Penal Code apply to both males and females.

2. Use, procuring or offering of a child, for the production of pornography or for pornographic performances. The Committee notes that section 7 of the Children and Young Persons Act states that a person who, in public or private, commits or abets to commit or procure a person to commit an obscene or indecent act with a person under 16 years of age, commits an offence. Section 11 of the Children and Young Persons Act states that no person under 16 years of age shall take part in public entertainment that is of an immoral nature.

The Committee notes that, by virtue of section 32 of the Films Act, a person who causes or procures a person under 16 years of age or, having custody, charge or care of such a person under 16 years of age, allows or encourages him/her to make, reproduce, import, distribute, possess or advertise obscene films, is guilty of an offence. An obscene film is defined under section 2 of the Film Act as a film which tends to deprave or corrupt persons who are likely to watch or listen to the film.

The Committee requests the Government to indicate the type of activities falling under the terms "act of an immoral nature" as defined under section 11 of the Children and Young Persons Act. Noting that only children up to 16 years of age seem to be protected from being used, procured or offered for the production of pornography or for pornographic performances, the Committee requests the Government to take the necessary measures to prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. Use, procuring or offering of a child for the production and trafficking of drugs. The Committee notes that, according to section 5 of the Misuse of Drugs Act of 2000, it shall be an offence for a person, on his behalf or on behalf of any other person whether or not that other person is in Singapore, to "(a) traffic in a controlled drug; (b) offer to traffic in a controlled drug; or (c) do or offer to do any act preparatory to or for the purpose of trafficking in a controlled drug". The term "traffic" means to sell, give, administer, transport, send, deliver or distribute, or to offer to do any of these acts (section 2 of the Misuse of Drugs Act). It is further prohibited to manufacture (section 6 of the Misuse of Drugs Act), to import into or export from Singapore (section 7 of the Misuse of Drugs Act), or to possess, smoke or administer a controlled drug (section 8 of the Misuse of Drugs Act). The Committee also notes that, by virtue of section 12 of the same Act, it is an offence for a person to abet another person to commit drug offences. Section 13 of the Act further states that it is prohibited to aid, abet, counsel or procure the commission, in any place outside Singapore, of an offence punishable under this Act. The Committee asks the Government to provide information on the practical application of the abovementioned sections 12 and 13 of the Misuse of Drugs Act with regard to children under 18.

2. Causing or allowing children to be used for begging, gambling or other illicit activities. The Committee observes that, according to section 6 of the Children and Young Persons Act, a person who causes or procures a person under 16 years of age or, having the custody, charge or care of such a person, allows that person to be in any street, premises or place for the purpose of: (a) begging or receiving alms, or of inducing the giving of alms, whether or not there is any pretence of singing, playing, performing or offering anything for sale; or (b) carrying out of illegal hawking, illegal lotteries, gambling or other illegal activities or activities detrimental to the health or welfare of the child, commits an offence. The Committee requests the Government to indicate the measures taken or envisaged to extend the prohibition on using children or young persons for begging, gambling or other illegal activities, as provided under section 6 of the Children and Young Persons Act, to all persons under 18.

Clause (d). Hazardous work. The Committee notes that according to sections 2 and 68(1) of the Employment Act, it is prohibited to employ a child under 14 years of age in an industrial or non-industrial undertaking except for light work or in family undertakings. It also notes that section 69 of the Employment Act states that no young person (means a person aged 14 to 16 years by virtue of section 2) shall be employed in industrial undertakings determined by notification of the Minister in the Gazette. The Committee notes that the Employment of Children and Young Persons Regulation of 1976 was adopted to give effect to section 69 of the Employment Act. Section 11 of the Employment of Children and Young Persons Regulation states that no child or young person shall be employed in any occupation or in any place or under working conditions injurious or likely to be injurious to the health of that child or young person. The Committee notes that according to section 11 of the Employment of Children and Young Persons Regulation read in conjunction with section 2 of the Employment Act, persons aged 16 years of age and above may undertake hazardous work. The Committee reminds the Government that, by virtue of Article 3(d) of the Convention, children under 18 years of age shall not undertake work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee requests the Government to take the necessary measures to ensure that no persons under 18 years of age undertake work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

Self-employed children. The Committee notes that, by virtue of section 11 of the Employment of Children and Young Persons Regulations, 1976, taken pursuant to sections 69 and 73 of the Employment Act, young persons shall not be employed on any work which is likely to harm their health. However, the Committee observes that, by virtue of section 2 of the Employment Act, the scope of application of this Act and any regulation based on it, is limited to persons who work for an employer under a contract of service. The Committee consequently notes that self-employed workers do not benefit from the protection laid down in the Employment Act. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Child domestic workers. The Committee observes that according to section 67 of the Employment Act, the Minister may, by notification in the Gazette, apply all or any of the provisions of this Act with modification as may be set out in the notification, to all domestic workers or to any group, class or number of domestic workers; and the Minister may enact regulations on the working conditions applicable to domestic workers. The Committee asks the Government to indicate whether a regulation on the working conditions of domestic workers has been enacted and, if so, to provide a copy of it. It also asks the Government to indicate the measures taken or envisaged to ensure that child domestic workers under 18 years of age do not perform work which is likely to harm their health, safety or morals.

Article 4. Determination of hazardous work. The Committee notes that section 13 of the Employment of Children and Young Persons Regulation of 1976 (as amended in 1977) prohibits children and young persons under 16 years of age from being employed, without the written approval of the Commissioner, in any service involving management of, or attendance to machinery in motion; in any service involving management of, or attendance on or proximity to any live electrical apparatus not effectively insulated (section 14). It is also prohibited to employ children and young persons in underground work (section 15 of the Employment of Children and Young Persons Regulation) and night work (section 6 of the Employment of Children and Young Persons Regulation). The Committee further observes that the Factories Act regulates the conditions of employment in factories and determines the authorized work. Section 23 of the Factories Act prohibits any examination, adjustment or lubrication of dangerous machinery by persons below the age of 20 years. The Committee also observes that, by virtue of section 11 of the Children and Young Persons Act, persons under 16 years of age shall not take part in public entertainment which is: (a) of an immoral nature; (b) dangerous to their life or prejudicial to their health, physical fitness and kind treatment; or (c) without the consent of the parent or guardian.

The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190) . In this regard, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that the list of the types of hazardous work that may not be performed by children under 18 years of age, will be adopted shortly, after consultation with the organizations of employers and workers concerned. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to inform it of any developments in this regard.

Article 5. Monitoring mechanisms. 1. Labour commissioner. The Committee notes the absence of information in the Government’s report on this point. However, it observes that section 3(1) of the Employment Act provides for the appointment, by the Minister, of a commissioner for labour who may perform all duties imposed and exercise all such powers conferred by this Act. The Minister may appoint inspecting officers as the Minister may consider necessary or expedient for the purposes of the Act (section 3(2) of the Employment Act). The Committee observes that the commissioner or any inspecting officer may enter, without previous notice, at any hour of the day or night all places of employment if there is reasonable cause to believe that an employee resides or is employed (section 103(1) of the Employment Act). The commissioner or inspecting officers are entitled, during inspections, to examine and remove documents or question any person supposed to be acquainted with the employment of another person (section 105(1) of the Employment Act). The Committee also notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/51/Add.8, 17 March 2003, paragraph 86), 775 inspections were made in 1999 and no cases of infringements with regard to the employment of children and young persons were found. The Committee asks the Government to provide information on the inspections carried out by the labour commissioner and the findings with regard to the implementation of national legislation concerning the worst forms of child labour.

2. Director of Social Welfare and the police. The Committee notes that the Director of Social Welfare is responsible for enforcing the Children and Young Persons Act (section 3(2)). Section 9(1)(a) of the Children and Young Persons Act empowers the Director of Social Welfare, "protectors" or police officers, if satisfied on reasonable grounds that a child or young person is in need of care and protection: (i) to enter by day or night without warrant or if necessary by force, into any premises in which the child or young person is to be found; or (ii) remove such child or young person, present him before a registered medical practitioner for treatment if necessary and commit him to a place of safety until he can be brought before a Juvenile Court. The term "protector" designates the Director of Social Welfare and includes any officer or other person appointed or authorized by the Director to exercise the powers and perform the duties of a protector under the Act (section 2 of the Children and Young Persons Act). The Committee asks the Government to provide information on the activities of the Director of Social Welfare as well as the police, and their findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the absence of information in the Government’s report on the programmes of action designed to eliminate the worst forms of child labour in the country. It also notes the Government’s statement that, child labour, in particular the worst forms of child labour, do not exist in Singapore. The Committee further notes that, the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.220, 27 October 2003, paragraphs 10-11) noted with regret that the State party had not developed a national plan of action for children. The Committee reminds the Government that even where the worst forms of child labour appear to be non-existent, the Convention requires ratifying member States to take measures to determine whether such forms of child labour exist and to ensure that they will not arise in the future. In this context, the Committee requests the Government to indicate what steps it envisages taking, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Singapore.

Article 7, paragraph 1. Sanctions. The Committee observes that, by virtue of section 370 of the Penal Code, whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains any person as a slave, shall be punished with up to seven years’ imprisonment and also liable to a fine. A person who buys, sells, procures, traffics in or brings into or takes out of Singapore a woman or a girl for the purpose of such traffic, and whether or not for the purpose of present or subsequent prostitution, is liable to five years’ imprisonment and a maximum fine of $10,000 (section 141 of the Women’s Charter). The Committee also notes that whoever unlawfully compels a person to labour against the will of that person shall be punished with a one-year imprisonment and/or with a fine (section 374 of the Penal Code).

The Committee notes that a person who sells, lets to hire or hires, buys, or otherwise disposes or obtain possession of any person under 21 years of age with intent that such person shall at any age be employed or used for the purpose of prostitution or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, is liable to ten years’ imprisonment and a fine (sections 372 and 373 of the Penal Code).

A person who, in public or private, commits or abets to commit or procure or encourage a person to commit an obscene or indecent act with a child or a young person shall be liable to two years’ imprisonment, a fine of a maximum of $5,000 or both (section 7 of the Children and Young Persons Act). It also observes that a person who causes or procures a person under 16 years of age to make, reproduce, import, distribute, possess or advertise obscene films shall be punished by 12 months’ imprisonment, a fine of $20,000 to $80,000 or both. The Committee also notes that a person who abets another person to commit a drug offence (including selling, transporting, distributing, importing, exporting or trafficking controlled drugs) is liable to 20 years’ imprisonment (penalties will vary depending on the type of drug involved) (sections 12, 33 and part IV of the Misuse of Drugs Act).

The Committee notes that a person who causes or procures a child or a young person for begging, gambling or performing other illegal activities is liable to 12 months’ imprisonment, a maximum fine of $2,000 or both (section 6 of the Children and Young Persons Act).

Concerning work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, the Committee notes that a person who employs a child or a young person in contravention of the provisions of the Act on the employment of children and young persons (or any of the regulations made there under), and any parent or guardian who knowingly or negligently suffers or permits such employment shall be liable to two years’ imprisonment, a maximum fine of $2,000 or both ( section 74 of the Employment Act).

The Committee asks the Government to provide information on the penalties imposed in practice.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the time-bound measures taken to: (c) ensure access to education to all children removed from the worst forms of child labour; (d) to identify and reach out to children at special risk; and (e) to take account of the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(c), (d) and (e) of the Convention.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes the Government’s indication that a Law was enacted in January 2003 to establish six years of compulsory primary education. The Government’s report further indicates that a large majority of children and young persons below 16 years are either in school or vocational institutes. In the year 2002, 92 per cent of the pupils completed secondary education (approximately ten years of education). The Committee also notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/51/Add.8, 17 March 2003, paragraph 427) that in order to make all forms of education available and accessible to every child, the Government established 199 primary schools, 152 secondary schools, 14 junior colleges, two centralized institutes, 14 institutes of technical education centres and four polytechnics in 1999. The Committee nevertheless notes that according to section 3 of the Compulsory Education Act, free and compulsory primary education only applies to Singaporean pupils; the Government has indicated to the Committee on the Rights of the Child (CRC/C/51/Add.8, 17 March 2003, paragraphs 420-422) that non-nationals may enrol in primary education upon the payment of annual fees. The Committee also observes that the net migration rate was estimated at 25 migrants/1,000 population in 2003, meaning that the number of immigrants, and consequently of non-national children, is quite high in the country. The Committee shares the concern expressed by the Committee on the Rights of the Child (CRC/C/15/Add.220, concluding observation, 27 October 2003, paragraphs 42-43) over the fact that not all children within the State party’s jurisdiction are covered by the Compulsory Education Act or have access to free primary school. The Committee draws the Government’s attention to the fact that non-national children of low-income families are more likely to be exploited if they do not have access to primary education. The Committee accordingly encourages the Government to provide free basic education to all children living in Singapore regardless of their nationality.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee observes that section 159 of the Women’s Charter provides that, if the Director of Social Welfare has reasonable cause to believe that a female below the age of 21 years is: (a) being trained or used for immoral purposes; (b) lives or frequents any brothel; or (c) habitually in the company of prostitutes or brothel keepers or persons employed or living in brothels or persons directly interested in the business carried out in brothels or by prostitutes, the Director may, by warrant, order the woman or girl to be removed to a place of safety and there temporarily detained until an inquiry has been held. The Committee asks the Government to provide information on the practical application of the abovementioned provision.

Article 8. International cooperation. The Committee notes that Singapore is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1995, signed the Optional Protocol on the Involvement of Children in Armed Conflict in 2000, as well as the International Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others in 1966. The Committee asks the Government to indicate any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part III of the report form. The Committee notes the absence of information in the Government’s report on this point. It accordingly asks the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Part IV. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in Singapore, including any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed actions against the worst forms of child labour.

Part V. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.