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Prevention of Human Trafficking Act (PHTA) (objective (empowers…
Prevention of Human Trafficking Act (PHTA)
objective
empowers enforcement agencies
investigation
enforcement
protect and support trafficked victims
clarifies Singapore's legal regime
providing formal definition of trafficking in persons (TIP)
prescribing appropriate penalties
bring Singapore closer in line with international standards
encourage reporting of trafficking or suspected trafficking activities
uplift to combat TIP
Intro
came into effect from 1st march 2015
serve as deterrent
passed in Parliament in 2014
provides formal definition of trafficking in persons (TIP) to cover key elements making out the offence
The Singapore Inter-Agency Taskforce on Trafficking in Persons
co-chaired by Ministry of Home Affairs and Ministry of Manpower
includes
Police (sex exploitation TIP cases)
Ministry of Health (removal of organ TIP cases)
ICA
MOM (forced labor TIP cases)
Ministry of Social and Family Development
Ministry of Law
Attorney-General's Chambers
Ministry of Foreign Affairs
formed in 2010
feature
lower threshold in case of child victim
ability to go after
those who knowingly obtain financial gain from trafficking activity but not involve on the offence
persons who abet the the offence
irrelevant of consent
extraterritoriality
trafficking offence
offence partly in and partly out of Singapore is considered as through the entire act took place in Singapore
abetment of the trafficking offence
abet a TIP offence outside singapore but the acts of abement were committed in singapore
abet a TIP offence in singapore but the acts of abetment were committed outside singapore
gender neutral
Trafficking in Persons (TIP)
3 elements of offence
for the purpose of exploitation
sexual
removal of organ
forced labor
slavery
means
abuse of power
abduction
abuse of a position of vulnerability
treat/use of force
give to or receipt by, another person having control, of any money to secure consent
fraud/deception
act
transportation
recruitment
transfer
harboring
receipt
Trafficking Process
Pull Factor (demand for)
sex industry
other
organs
crime
unpaid / cheap labor
The actions
recruiting
buying/selling
transporting
harboring
the means
fraud / deception
abuse of power
force / coercion
abuse of position of vulnerability
Push Factor (escape from)
unemployment / underemployment
discrimination
poverty
physical,sexual, psychological violence
conflict / displacement
for the purpose of exploitation
sexual exploitation
forced labor
slavery or similar
servitude
organ removal
Offence and Penalties
Target
1) person who carries out TIP
2) ringleaders / masterminds / agents / middlemen
3) person who obtains a financial gain from the trafficked activity but who is not directly involved in the offense itself/in the abetment of it
Max penalty for 1st offence
up to 10 years imprisonment and
caning up to 6 strokes
up to $100K fine
Offence
2) Abetment of Trafficking in Persons (section 5)
3) Person who receive payments in connection with the exploitation trafficked victims (section 6)
1) Trafficking in person (Section 3)
Max penalty for 2nd or subsequent offence
up to 15 years imprisonment
up to $150K fine
caning up to 9 strokes
other offences
false statements, information, etc (section 20)
obstruction of police officer or enforcement officer (section 17)
aggravating factors
drugs/weapons are used during the act
offender is a spouse / conjugal partner to the victim
death or serious injury is caused to victim
offender is a public servant
vulnerable victims
pregnant women
disable persons
children
Protection measures
for victims
included in PHTA
court can order in camera proceedings for sexual exploitation cases
mandatory for child victims
director of social welfare has the discretion to provide assistance as he considers practicable and necessary
temporary shelter
counselling
publication of gag order for sexual exploitation cases to protect the victim's identity
administratively provided
food
medical
consular
temporary employment
for informers
witness prohibited from disclosing particulars of informer or state any matter which might lead to his discovery
description of informer will be concealed from documents tendered as evidence in any civil or criminal proceeding
complaints can't be admitted as evidence in any civil or criminal proceeding
employment agency responsibility
what
2) adapt responsible recruitment policies
3) report to police / MOM when you suspect TIP
1) Ensure that Foreign workers / foreign domestic workers are placed in the job that they were brought into singapore for
4) be aware of the employment condition of foreign workers that you place out
how
2) do not proceed with the job placement if you have reason to believe that the employer has intentions to exploit the foreigner in any way
3) ensure foreigners have your contact details and contact details of MOM, police, and embassies
4) a) make it clear to the employer that they are not allowed to abuse their employees
physical/psychological abouse
isolation, confinement, surveillance
threats
removal of means to make contact
1) ensure that the foreigner is aware of his/her job scope and terms of employment in singapore
4) b) contact foreign workers regularly and check on his/her well being