Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Singapour (Ratification: 2001)

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.