Prevention of Trafficking in Persons Act 2009: A Comprehensive Legal Framework for Combatting Human Trafficking


Title: Prevention of Trafficking in Persons Act 2009: A Comprehensive Legal Framework for Combatting Human Trafficking

The Prevention of Trafficking in Persons Act 2009, enacted by the Ugandan Parliament, is a comprehensive legal framework aimed at combating human trafficking, protecting the rights of victims, and ensuring accountability for offenders. This Act provides a robust set of provisions to prevent, prosecute, and punish trafficking in persons, including those related to forced labor, sexual exploitation, and other forms of abuse. The Act also establishes measures to protect and support victims, ensuring their rights are respected and their well-being is prioritized.

DOWNLOAD: Prevention-Trafficking-Persons-Act-2009.compressed.pdf: https://mglsd.go.ug/wp-content/uploads/2019/05/Prevention-Trafficking-Persons-Act-2009.compressed.pdf

Overview of the Act

The Prevention of Trafficking in Persons Act 2009 is divided into several parts, each addressing different aspects of the issue. Part I, the Preliminary section, sets out the commencement and interpretation of the Act. Part II covers trafficking in persons, detailing various offenses, including trafficking of children, forced labor, and exploitation through debt bondage. Part III focuses on the protection of victims, ensuring their rights are respected and they receive necessary assistance. Part IV deals with jurisdiction and extradition, ensuring the Act’s application beyond Uganda’s borders. Part V establishes the Prevention of Trafficking in Persons Office, responsible for coordination, monitoring, and overseeing the implementation of the Act. Finally, Part VI contains miscellaneous provisions, such as confiscation and forfeiture of proceeds derived from trafficking, regulations, and a schedule defining currency points.

Key Provisions

Part II: Trafficking in Persons

Section 3: Offence of Trafficking in Persons

(1) A person who recruits, transports, transfers, harbors, receives, or facilitates the aforementioned acts by means of force or other forms of coercion, abduction, fraud, deception, abuse of power, or giving or receiving payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation, commits an offense and is liable to imprisonment for fifteen years. (2) Notwithstanding the provisions of subsection (1), where the offender is a legal person, it shall be liable to a fine of one thousand currency points and temporary or permanent closure, deregistration, dissolution, or disqualification from practice of certain activities.

Section 4: Aggravated Trafficking in Persons

A person commits the offense of aggravated trafficking where: (a) the victim of trafficking is a child; (b) adoption, guardianship, fostering, and other orders in relation to children are undertaken for the purpose of exploitation; © the offense is committed by a syndicate or on a large scale; (d) the offender is an organization engaged in the activities of organizing, directing, or protecting the vulnerable persons in society; (e) the offender is engaged in organizing or directing another person or persons to commit the offense; (f) the offense is committed by a close relative or a person having the parental care, authority, or control over the victim or any other person; (g) the offense is committed by a public officer; (h) the offense is committed by military personnel or law enforcement officers; (i) where the person organizes, facilitates, or makes preparations for the kidnapping, abduction, buying, selling, vending, bringing from or sending to, receiving, detaining, or confining of a person for purposes of harmful rituals or practices, human sacrifice, removal of any body part or organ, or any other act related to witchcraft; (j) the victim dies, becomes a person of unsound mind, suffers mutilation, gets infected with HIV/AIDS or any other life-threatening illness.

The consent of the victim of trafficking, or if a child, the consent of his or her parents or guardian to the acts of exploitation shall not be relevant.

Section 5: Trafficking in Children

A person who does any act referred to under Section 3 in relation to a child, uses a child in any armed conflict, removes any part, organ, or tissue from the body of a child for purposes of human sacrifice, uses a child in the commission of a crime, abandons a child outside the country, uses a child or any body part of a child in witchcraft, rituals, and related practices, commits an offense of aggravated trafficking in children and may be liable to suffer death.

Part III: Protection of Victims of Trafficking

Section 11: Non-Discrimination of Victims of Trafficking in Persons

(1) Measures for the protection, assistance, and support to victims of trafficking in persons shall be interpreted and applied in a way that is not discriminatory to persons on the basis of race, religion, belief, age, family status, culture, language, nationality, or gender. (2) Any person who applies the measures for protection, assistance, and support of victims in a discriminatory manner commits an offense and is liable to a fine of five hundred currency points or imprisonment for six months.

Section 12: Protection, Assistance, and Support for Victims of Trafficking

A victim of trafficking shall be legally recognized as such and shall not be penalized for any crime committed as a direct result of his or her trafficking. The victim shall be informed in a language that he or she understands about the different stages of any proceedings, and about his or her rights and duties. The victim shall be assisted to enable his or her views and concerns to be presented and considered at the appropriate stages of the proceedings.

Section 14: Confidentiality

At any stage of the investigation or trial of an offense under this Act, law enforcement officers, prosecutors, judicial officers, and medical practitioners, as well as parties to the case, shall recognize the right to privacy of the victim of trafficking. Proceedings of the court shall be conducted in camera, outside the presence of the media, in cases involving children, sexual exploitation, and other cases where the court considers this appropriate.

Section 15: Repatriation of Victims of Trafficking in Persons

The Minister, in cooperation with the appropriate government agencies, shall be responsible for the facilitation of repatriation of victims of trafficking in persons to and from Uganda. Where the repatriation of a Ugandan victim is likely to expose the victim to greater risks or to compromise his or her safety, the Minister may through the relevant office negotiate with the host government for the extension of appropriate residency permits, work permits, and maintenance as may be necessary to protect the victim. Where the repatriation of a foreign victim is likely to expose the victim to greater risks, to compromise his or her safety, or where presence of the victim is necessary for court proceedings, the Minister may facilitate the extension of appropriate residency permits, work permits, and maintenance as may be necessary to protect, assist, and support the victim.

Section 16: Restitution and Compensation

Where a person is convicted of trafficking in persons under this Act, the court shall, in addition to any other punishment, order that person to pay restitution to the victim or other person or organization which may have incurred expenses on the victim’s behalf for costs of medical and psychological treatment, physical and occupational therapy and rehabilitation, necessary transportation, temporary housing, child care, reintegration in society, and any other costs that the court may deem fit. The court may, in addition to any other punishment, order that person to pay compensation to the victim for physical injury, emotional distress, pain and suffering, loss or damage, and any other damage that the court may deem fit.

Part IV: Jurisdiction

Section 18: Jurisdiction

A case under this Act shall be tried where the offence was committed, or where any of its components occurred, or where the trafficked person actually resided at the time of the commission of the offence.

Section 19: Extra-Territorial Jurisdiction

This Act shall apply to offences committed outside Uganda where: (a) A person who, while being a citizen of, or permanently residing in Uganda, commits an act outside Uganda, which act would constitute an offence had it been committed in Uganda. (b) The victim was a citizen of Uganda at the time of commission of the offence. © The offence was committed partly inside and partly outside Uganda. (d) A substantial proportion of the effects of the offence have occurred or taken place within the territory of Uganda.

No proceedings shall be instituted under this section without the written consent of the Attorney General. If the consent of the Attorney General is received, proceedings may be instituted in any appropriate court, and such court shall have jurisdiction to try the matter as if the offence or offences had been committed within its jurisdiction. A person shall not be tried for an offence under this section if that person has been acquitted or convicted of the same offence in another country.

Section 20: Extradition

A person charged with an offence under this Act shall be liable to extradition under the existing Extradition laws.

Part V: Prevention of Trafficking in Persons Office

Section 21: Designation of Prevention of Trafficking in Persons Office

The Minister shall designate an office to be responsible for the coordination, monitoring, and overseeing the implementation of this Act. The designated office shall have the following functions:

(a) To formulate a comprehensive and integrated program to prevent and suppress trafficking in persons. (b) To prepare an annual National Plan of Action on Prohibition of Trafficking in Persons, taking into account activities on prevention, prosecution, and protection. © To develop measures and policies to protect, assist, and support victims of trafficking, taking particular consideration of the age, gender, and special needs of victims of trafficking in persons. (d) To establish a data bank on cases of trafficking in persons and conduct continuing research and study on the pattern and scheme of trafficking in persons, which shall form the basis for policy formulation and program direction. (e) To engage in consultation, coordination, cooperation, and advocacy with governmental and Non-Governmental Organizations, among other entities, to advance the objects of this Act. (f) To initiate the training and awareness of government personnel, law enforcement officials, and the public, particularly among risk groups and communities, of the dangers of trafficking and protections that are available for victims of trafficking. (g) To propose rules and regulations to the Minister as may be necessary for effective implementation of this Act. (h) To carry out such other activities as are necessary or expedient for the full discharge of all or any of the functions conferred on it under this Act.

Part VI: Miscellaneous Provisions

Section 22: Confiscation and Forfeiture of Proceeds of Trafficking

In addition to any penalty imposed for the violation of this Act, the court shall order the confiscation and forfeiture of all the established proceeds and properties derived from the commission of the crime. Where the proceeds and properties derived from the offence have been destroyed, diminished in value, or otherwise rendered worthless by an act or omission, directly or indirectly, of the offender, or it has been concealed, removed, converted, or transferred to prevent the same from being found or to avoid forfeiture or confiscation, the offender shall be ordered to pay the amount equal to the value of the proceeds or property. All awards of damages and costs of proceedings under this Act shall be paid directly by the offender, and where the offender fails to pay the same shall be recovered like a civil debt.

Section 23: Regulations

The Minister may by statutory instrument make regulations to effect implementation of the provisions of this Act and promote its objects.

Schedule

Currency Point

One currency point is equivalent to twenty thousand Shillings.

Conclusion

The Prevention of Trafficking in Persons Act 2009 is a crucial piece of legislation that aims to protect the rights of vulnerable individuals, hold perpetrators accountable, and create a safer environment for all. Through its comprehensive provisions and establishment of a dedicated office, the Act provides a strong framework for combating human trafficking. By ensuring strict adherence to the Act and advocating for the rights of migrant workers, organizations like the Migrant Workers' Voice organization play a vital role in promoting fair treatment and eradicating human trafficking globally.