Section 1: In this Act, unless the context otherwise requires–

“abuse of a position of vulnerability” means abuse that the person believes he has no reasonable alternative but to submit to the labour or service demanded of the person, and includes taking advantage of the vulnerabilities resulting from the person having entered a country illegally or without proper documentation, pregnancy, physical or mental disease or disability of the person, addiction to the use of substance, or reduced capacity to form judgements by virtue of being a child; “child” means a person under the age of 18 years; “coercion” means force or some form of non-violent or psychological force including– (a) threats of serious harm to or physical restraint against a person; (b) a scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm, physical restraint or legal action against a person; or (c) the abuse or threatened abuse against a person; Interpretation. 50,000,000 Leones or to a term of imprisonment of not less than 3 PART VIII–MISCELLANEOUS 35. The Task Force shall, either alone or in conjunction with other persons or organisations, take measures that will enhance economic opportunity for potential victims of human trafficking including– (a) microcredit lending programmes, training in business development, skills training and job counselling; (b) programmes to promote women’s participation in economic decision making; (c) programmes to keep children, especially girls, in elementary and secondary schools, and to educate persons who have been victims of trafficking, and (d) the development of educational curricula regarding the dangers of trafficking. 36. (1) A court may make a prevention order against a person accused of human trafficking or migrant smuggling on an ex-parte notice of motion, unless the court orders it to be on notice. Economic measures to prevent human trafficking. Prevention orders. No. 12 The Anti-Human Trafficking and Migrant Smuggling Act, 2022No. 12 The Anti-Human Trafficking and Migrant Smuggling Act, 2022 “debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his personal services or those of a person under his control as a security for debt, if the value of those services as reasonably assessed is not applied towards the liquidation of the debt or the length and nature of those services are not respectively limited and defined; ‘electronic evidence’ means photographs, video recording, audio recordings, evidence derived from data contained in or produced by any device the functioning of which depends on a software program or from data stored on or communicated over a computer system or network; “exploitation” includes– (a) keeping a person in a state of slavery; (b) subjecting a person to practices similar to slavery; (c) compelling or causing a person to provide forced labour or services; (d) keeping a person in a state of servitude, including sexual servitude; (e) exploitation of the prostitution of another; (f) engaging in other form of commercial sexual exploitation, such as pimping, pandering, procuring, profiting from prostitution, maintaining a brothel, child pornography and online child exploitation; 33. (1) A person shall not– (a) falsify, conceal, destroy or otherwise dispose of, cause or permit the falsification, concealment, destruction or disposition of a document or material which he knows or has reasonable grounds to believe is likely to be relevant to the execution of an order under this Act; (b) interfere with an order which has been made requiring a witness or victim to testify; (c) engage in other acts of interference including bribery or other forms of corrupt practices, intimidation or coercion. 50,000,000 Leones or to a term of imprisonment of not less than 3 34. (1) A person shall not, where he knows or has reasonable grounds to believe that an investigation into a human trafficking or migrant smuggling offence is likely to be prejudiced or compromised, divulge that fact or other information to another person. Interfering with order or relevant document or material Divulging information No. 12 The Anti-Human Trafficking and Migrant Smuggling Act, 2022No. 12 The Anti-Human Trafficking and Migrant Smuggling Act, 2022 (g) slavery and servitude; (h) illicit removal of human organs; (i) exploitation during armed conflicts; “forced labour” means labour or services obtained or maintained through force, threat of force or other means of coercion or physical restraint; “fraudulent travel or identity document” includes a counterfeit copy, illicitly modified genuine travel or identity document made by unauthorised persons, to be used deceptively as if it were a legitimate travel or a travel or identity document obtained from an authorised issuer by providing false information; “illicit removal of organs” means the illegal removal of a human organ and not the legitimate medical procedures for which proper consent has been obtained; “Minister” means the Minister responsible for Social Welfare; “practices similar to slavery” includes debt bondage, serfdom, forced or servile marriages and delivery of children for exploitation; “servitude” means a condition of dependency in which the labour or services of a person are provided or obtained by threats of serious harm to that person or other person or through a scheme, plan or pattern intended to cause the person to believe that, if the person do not perform such labour or services, that person or another person would suffer serious harm; 4 25 (i) the accused; (ii) members of the family or associates of the accused, or (iii) any other person who is likely to be an accused or a witness in the proceedings. (3) In addition to the issues to be taken into account under subsection (2), the court shall consider views expressed by the witness. (4) The trial judge shall determine the measures necessary for the protection of a witness including– (a) conducting proceedings in camera; (b) sealing or restricting access to the record of court proceedings; (c) permitting evidence of a victim or a witness to be given means out of view of the accused, such as behind a screen, through a video link or other similar communications technology; or (d) use a pseudonym of a victim or a witness. No. 12 The Anti-Human Trafficking and Migrant Smuggling Act, 2022No. 12 The Anti-Human Trafficking and Migrant Smuggling Act, 2022 5 “slavery” means the status or condition of a person over whom any or all the powers attaching to the right of ownership are exercised; “smuggling” means the offence of migrant smuggling under section 20; “Task Force” means the National Task Force on Human Trafficking referred to in section 2; “trafficking” means the offence of trafficking of persons stated in section 12; “Trust Fund” means the Victims of Human Trafficking Trust Fund established under section 11; “vessel” means a craft designed for transportation on water, such as a ship or boat; “victim” means a person who has suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental human rights, through acts that are in violation of this Act. PART II –THE NATIONAL TASK FORCE ON HUMAN TRAFFICKING