ANTI-HUMAN TRAFFICKING

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

PART I
Preliminary

 

   1.   Short title

 

   2.   Interpretation

 

PART II
Establishment of Human Trafficking (Prohibition) Committee

 

   3.   Human Trafficking (Prohibition) Committee

 

   4.   Membership of Committee

 

   5.   Powers and functions of Committee

 

   6.   Directions by Minister

 

   7.   Meetings of Committee

 

   8.   Appointment of Secretary to the Committee

 

PART III
Prohibition of Trafficking in Persons

 

   9.   Trafficking in persons

 

   10.   Acts that promote child trafficking

 

   11.   Promotion of trafficking in persons

 

   12.   Use of trafficked persons

 

PART IV
Identification and Protection of Victims of Trafficking

 

   13.   Reporting and referral of child victim of trafficking in persons

 

   14.   Reporting and referral of adult victim of trafficking in persons

 

   15.   Support and protection of victims of trafficking in persons

 

PART V
Centres for Victims

 

   16.   Establishment of centres for victims

 

   17.   Minimum norms and standards

 

   18.   Programme offered by centre for child victims

 

   19.   Programme offered by centre for adult victims

 

PART VI
Trial of offenders and remedies for victims of trafficking in Persons

 

   20.   Victim’s right to privacy

 

   21.   Victim impact statement

 

   22.   Restitution

 

   23.   Victim’s immunity from prosecution

 

   24.   Trafficked person exempt from paying in civil suits

 

   25.   Confiscation and forfeiture of proceeds of crime

 

   26.   Repatriation of trafficked persons

 

PART VII
Victims of Trafficking Fund

 

   27.   Establishment of Victims of Trafficking Fund

 

   28.   Payments into and out of Fund

 

   29.   Accounts and audit

 

PART VIII
Miscellaneous provisions

 

   30.   Extra-territorial jurisdiction

 

   31.   Sentencing

 

   32.   Legitimacy and validity of documents

 

   33.   Regulations

Act 32, 2014,
S.I. 141, 2014.

An Act to give effect to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons; to provide for the prohibition, prevention and combating of human trafficking, to provide for measures to protect and assist victims of trafficking in persons and other matters incidental thereto.

[Date of Commencement: 1st January, 2015]

PART I
Preliminary (ss 1-2)

 

1.   Short title

   This Act may be cited as the Anti-Human Trafficking Act.

 

2.   Interpretation

   (1) In this Act, unless the context otherwise requires-

   “child” has the meaning assigned to it under the Children’s Act;

   “centre for victims” means a centre for victims referred to in section 16;

   “Committee” means the Human Trafficking (Prohibition) Committee established under section 3;

   “consent” in relation to a person means that the person agrees by choice, and has the freedom and capacity to make that choice;

   “exploitation” includes but is not limited to —

 

   (a)   keeping a person in a state of slavery;

 

   (b)   subjecting a person to practices similar to slavery;

 

   (c)   involuntary servitude;

 

   (d)   forcible or fraudulent use of any human being for removal of organs or body parts;

 

   (e)   forcible or fraudulent use of any human being to take part in armed conflict;

 

   (f)   forced labour;

 

   (g)   child labour;

 

   (h)   sexual exploitation;

 

   (i)   child marriage; or

 

   (j)   forced marriage;

   “forced labour” has the same meaning assigned to it under the Employment Act;

   “Fund” means the Victims of Trafficking Fund established under section 27;

   “place of safety” has the same meaning assigned to it under the Children’s Act;

   “pornography” means any representation, through a publication, exhibition, cinematography, indecent show, information technology or by whatever means, of a person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes;

   “proceeds of crime” has the same meaning assigned to it under the Proceeds of Serious Crime Act;

   “Protocol” means the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime; done at New York on 15 November 2000, or as last revised or amended;

   “slavery” is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised;

   “sexual exploitation” means the commission of any sexual offence in terms of the Penal Code or any offence of a sexual nature in any other law against a victim of trafficking, and includes forcing a victim of trafficking to participate in the production of an obscene publication or obscene display including pornographic material or the performance of any act of a sexual nature;

   “trafficking in persons” has the meaning assigned to it in section 9; and

   “victim of trafficking in persons” includes a person who is being or has been trafficked as defined in section 9.

PART II
Establishment of Human Trafficking (Prohibition) Committee (ss 3-8)

 

3.   Human Trafficking (Prohibition) Committee

   (1)   There is hereby established a committee to be known as the Human Trafficking (Prohibition) Committee, in this Act referred to as “the Committee”.

   (2)   The Committee shall be under the general supervision of the Minister.

 

4.   Membership of Committee

   (1)    The Committee shall consist of the following members appointed by the Minister-

 

   (a)   the Permanent Secretary of the Ministry of Defence, Justice and Security;

 

   (b)   the Permanent Secretary of the Ministry of Labour and Home Affairs or his or her nominee;

 

   (c)   the Commissioner of Police or his or her nominee;

 

   (d)   a nominee of Intelligence and Security;

 

   (e)   a nominee of Immigration and Citizenship;

 

   (f)   a nominee of the Attorney General’s Chambers;

 

   (g)   the Director of Gender Affairs;

 

   (h)   a nominee from the Ministry of Local Government and Rural Development;

 

   (i)   a nominee from the Ministry of Transport and Communications;

 

   (j)   the Commissioner of Labour;

 

   (k)    three senior public officers who have the skill, experience and competence in social welfare, gender, children and health issues or any other skills relevant to the functions of the Committee under this Act; and

 

   (l)    a representative of a non-governmental organisation and civil society dealing with matters concerning women.

   (2)    The Permanent Secretary from the Ministry of Defence, Justice and Security shall be the Chairperson of the Committee and the members shall elect a member from among their number to be the Vice-Chairperson.

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