Combating of = Trafficking in Persons Act 2009

=93forced labour=94 = means labour or=20 services obtained or maintained through threats, the use of force, = intimidation=20 or other forms of coercion, or physical restraint;

=93inmate=94 means = a person=20 admitted to a Centre;

=93investigating = officer=94 means=20 =96

(a) a police = officer;=20 or

(b) a public = officer=20 designated as such by the Minister for the purposes of this=20 Act;

=93Minister=94 = means the Minister=20 to whom responsibility for the subject of home affairs is=20 assigned;

=93sexual = exploitation=94 means=20 obtaining financial or other benefits through the involvement of another = person=20 in prostitution or in other kinds of sexual services, including = pornographic=20 acts or the production of pornographic materials, as a result of = subjecting=20 another person to one of the means listed in paragraph (a) of the = definition of=20 =93trafficking=94;

=93slavery=94 means = the exercise of=20 any or all of the powers attaching to the right of ownership over a=20 person;

=93trafficking=94 = means=20 =96

(a) the = recruitment, sale,=20 supply, procurement, capture, removal, transportation, transfer, = harbouring or=20 receipt of a person =96

(i) by the use of threat, force, = intimidation,=20 coercion, abduction, fraud, deception, abuse of power or abuse of a = position of=20 vulnerability; or

(ii) by the giving or receiving of = payments or=20 benefits to obtain the consent of a person having control or authority = over=20 another person; or

(b) the adoption = of a=20 person facilitated or secured through illegal means, for the purpose of=20 exploitation;

=93United Nations = Protocol=94 means=20 the United Nations Protocol to Prevent, Suppress and Punish Trafficking = in=20 Persons;

=93victim of = trafficking=94 means a=20 person who is a victim of the offence of trafficking in=20 persons.

3. =20 Application of Act

This Act shall be = in addition=20 to, and not in derogation from, the Child Protection = Act.

4. = Centres for=20 victims of trafficking

(1) The Minister = shall=20 =96

(a) cause to be = set up one=20 or more Centres which shall be premises for the provision of temporary=20 accommodation suited for the needs of victims of trafficking admitted to = them;

(b) designate an=20 investigation officer to be in charge of each = Centre.

(2) Every Centre=20 =96

(a) shall secure = the safety=20 of its inmates against any risk of retaliation;

(b) shall provide = counselling and rehabilitation services to its = inmates;

(d) may offer = facilities=20 aimed at providing education, skills development and=20 training;

(e) shall, where = necessary,=20 provide reception, care and other facilities for a child who is in the = care and=20 custody of an inmate.

(3) The officer = in charge=20 of a Centre shall, on the admission of an inmate, make an assessment to=20 determine =96

(a) the risks to = the safety=20 of the inmate and of any child in his care and = custody;

(b) the immediate = and long=20 term needs of the inmate.

(4) A Judge in = Chambers=20 may, on the application of an investigating officer, order that an adult = shall=20 be admitted to a Centre for such period as he may=20 determine.

5. = Country of=20 origin or destination

(1) The Minister = may, by=20 Order, declare a country as a country of =96

(a) origin from = which=20 persons are being trafficked to Mauritius; or

(b) destination = to which=20 persons present in Mauritius are being trafficked.

(2) The Minister = shall take=20 steps for the setting up, with the assistance of one or more = investigating=20 officers and such authorities as he thinks fit, of a screening mechanism = to=20 determine whether persons who travel to Mauritius from a country = referred to in=20 subsection (1)(a) or persons who travel from Mauritius to a country = referred to=20 in subsection (1)(b) are victims of trafficking.

6. =20 Suspension of deportation

(1) = Notwithstanding any=20 other enactment, the Minister may allow a victim of trafficking who is a = non-citizen, regardless of his status, to remain in Mauritius for a=20 non-renewable period not exceeding 42 days.

(2) The = non-renewable=20 period referred to in subsection (1) shall not depend upon the = willingness of a=20 victim of trafficking to co-operate with investigating officers and = prosecuting=20 authorities in the investigation and prosecution of a case of=20 trafficking.

7. =20 Temporary residence

(1) = Notwithstanding any=20 other enactment, a visitor=92s permit may, subject to the prescribed = conditions,=20 be issued by the Minister to a victim of trafficking who = =96

(a) is present in = Mauritius;

(b) has agreed to = co-operate with investigating officers and prosecuting authorities in = the=20 investigation and prosecution of a case of trafficking;=20 and

(2) A visitor=92s = permit=20 referred to in subsection (1) may be issued to a victim of trafficking=20 regardless of =96

(a) his status;=20 or

(b) whether a = non-renewable=20 period contemplated in section 6(1) was granted or has=20 expired.

(3) The Minister = may, on=20 humanitarian grounds, extend a visitor=92s permit, taking into account = the=20 likelihood that the holder of the permit may be harmed, killed or = trafficked=20 again if returned to his country of origin or the country from which he = has been=20 trafficked.

8. =20 Repatriation of victims of=20 trafficking

(1) No victim of=20 trafficking, who is a non-citizen, may, unless he agrees to the proposed = course=20 of action, be returned to his country of origin or the country from = which he has=20 been trafficked without due consideration being given to = =96

(a) his safety = during the=20 repatriation process;

(b) his safety in = the=20 country to which he is to be returned; and

(2) Where a = decision has=20 been made to return a person who is a victim of trafficking to his = country of=20 origin or the country from which he has been trafficked = =96

(a) the Minister = shall take=20 steps to obtain information relating to an institution or organisation = which=20 renders assistance to victims of trafficking in the country to which the = person=20 is to be returned and which is willing to provide assistance to that = person;=20 and

(b) the person = shall, in=20 the prescribed manner, be informed of any arrangements which have been = made for=20 his reception in the country to which he is to be=20 returned.

9. = Return of=20 victims of trafficking to = Mauritius

Where a victim of = trafficking=20 is a citizen or a permanent resident of Mauritius and is to be returned = to=20 Mauritius, the Minister shall =96

(a) where the = victim is a=20 minor and it is in his interest to do so, designate an adult, at State = expense,=20 to escort the minor home;

(b) facilitate = and accept=20 the return of the victim;

(d) issue such = travel=20 document or other authorisation as may be necessary to enable the victim = to=20 return;

(e) at the = request of=20 another State which is a party to the United Nations Protocol or to any = other=20 agreement relating to trafficking in persons to which Mauritius is a = party,=20 verify that a person who is a victim of trafficking is a citizen or = permanent=20 resident of Mauritius;

(f) on = entry into=20 Mauritius, where the victim of trafficking =96

(i) is a minor, refer him to the Child = Development=20 Unit;

(ii) is an adult, refer him to a Centre, = for such=20 assistance as may be appropriate.

10. =20 Legitimacy and validity of document

The Minister shall, = at the=20 request of another State which is a party to the United Nations Protocol = or to=20 any other agreement relating to trafficking in persons to which = Mauritius is a=20 party, verify within a reasonable time the legitimacy and validity of a = travel=20 or identity document issued or purported to have been issued by = Mauritius and=20 suspected of being used for the offence of = trafficking.

11. =20 Trafficking in persons

(1) (a) Any person = who=20 trafficks another person or allows another person to be trafficked shall = commit=20 an offence.

(b) It shall not = be a=20 defence to a charge under paragraph (a) that a person who is a victim of = trafficking, or a person having control or authority over a minor who is = a=20 victim of trafficking, has consented to the act which was intended to = constitute=20 trafficking.

(2) Any person = who=20 knowingly -

(a) leases a = room, house,=20 building or establishment or subleases or allows it to be used, for the = purpose=20 of harbouring a victim of trafficking; or

(b) advertises, = publishes,=20 prints, broadcasts, distributes, or causes the advertisement, = publication,=20 broadcast or distribution of, information which suggests or alludes to=20 trafficking by any means, including the use of the internet or other = information=20 technology,

shall commit an=20 offence.

(3) (a) Every = internet service=20 provider operating in Mauritius shall be under a duty to report to the = Police=20 forthwith any site on its server which contains information in = contravention of=20 subsection (2)(b).

(b) Any internet = service=20 provider who fails to comply with paragraph (a) shall commit an=20 offence.

(4) Any person = who=20 knowingly benefits, financially or otherwise, from the services of a = victim of=20 trafficking or uses, or enables another person=92s usage of, the = services of a=20 victim of trafficking shall commit an offence.

12. =20 Possession or concealment of=20 document

Any person who, = without good=20 cause, has in his possession, destroys, confiscates, conceals or tampers = with=20 any actual or purported identification document, passport or other = travel=20 document of a victim of trafficking shall commit an=20 offence.

13. =20 Reporting of trafficking

(1) Any person = who believes=20 that a person is a victim of trafficking shall forthwith report the = matter to=20 the Police.

(2) The identity = of a=20 person who makes a report under subsection (1) shall not be disclosed, = unless a=20 Judge in Chambers otherwise orders.

14. =20 Penalties

(1) Any person = who commits=20 an offence under section 11 shall, on conviction, be liable to penal = servitude=20 for a term not exceeding 15 years.

(2) Any person = who commits=20 an offence under section 12 shall, on conviction, be liable to = imprisonment for=20 a term not exceeding 5 years and to a fine not exceeding 100,000=20 rupees.

(3) The Community = Service=20 Order Act, Part X of the Criminal Procedure Act and the Probation of = Offenders=20 Act shall not apply to a person liable to be sentenced under subsection=20 (1).

15. =20 Jurisdiction

(1) Any person = who commits=20 an act outside Mauritius which would have constituted an offence under = this Act,=20 had it been committed in Mauritius, regardless of whether the act = constitutes an=20 offence at the place of its commission, shall commit an offence, where = the=20 person =96

(a) is a citizen = of=20 Mauritius;

(b) is ordinarily = resident=20 in Mauritius;

(c) is arrested = in the=20 territory of Mauritius, or in its territorial waters or on board a ship = or=20 aircraft registered or required to be registered in Mauritius at the = time the=20 offence is committed; or

(d) is a legal = person under=20 any law of Mauritius.

(2) = Notwithstanding section=20 114(2) of the Courts Act and section 72(5) of the District and = Intermediate=20 Courts (Criminal Jurisdiction) Act, a Magistrate shall have jurisdiction = to try=20 any offence under this Act and may impose any penalty provided by this=20 Act.

16. =20 Compensation to victim of=20 trafficking

(1) The Court = before which=20 a person is convicted of an offence under section 11 may, in addition to = any=20 penalty which it may impose in respect of the offence, order the person=20 convicted to pay appropriate compensation to a victim of the offence for = =96

(a) damage to, or = loss or=20 destruction of, property, including money;

(b) physical, = psychological=20 or other injury; or

(2) An order made = under=20 subsection (1) may award compensation not exceeding 500,000=20 rupees.

(3) Where the = Court orders=20 compensation under subsection (1), it shall determine the time within = which=20 payment is to be made and the method of payment.

(4) In assessing = the=20 compensation which a person may be ordered to pay, the Court shall = consider the=20 means of the offender.

(5) The Court = may, where it=20 thinks fit, suspend the sentence imposed for the offence on condition of = the=20 payment of appropriate compensation to the victim of the=20 offence.

(6) Where the = amount of=20 damage, injury or loss suffered exceeds an award made under subsection = (1), the=20 victim may recover the excess by means of a civil = action.

17. =20 Payment of compensation

Where a person is = ordered to=20 pay compensation, the Court may in its discretion enforce the payment of = compensation =96

(a) by allowing = the person=20 to pay compensation on such conditions and in such instalments at the = intervals=20 it deems fit;

(b) where the = amount=20 expected to be recovered will be sufficient to cover, in addition to the = amount=20 of compensation, the costs and expenses involved, by attachment and sale = of any=20 property belonging to the person.

18. Failure to = pay compensation

(1) Where a Court = has=20 ordered a person to pay compensation and suspended a sentence pursuant = to=20 section 16(5) and the compensation is not paid in full or recovered in = full, the=20 Court which made the order may =96

(a) summon the = person to=20 appear before it; or

(b) issue a = warrant=20 directing that the person be arrested and brought before the=20 Court.

(2) When a person = referred=20 to in subsection (1) is brought before the Court, it may, unless the = amount due=20 is paid or recovered forthwith, reimpose the sentence which has been = suspended,=20 or such lesser sentence as the Court thinks fit taking into account the = amount=20 of compensation already paid or recovered.

19. =20 Compensation to State

The Court may=20 =96

(a) in addition = to any=20 sentence imposed in respect of an offence under section 11 and to any = order for=20 compensation to a victim made under section 16; = and

(b) on = application made on=20 behalf of the State, make an order for payment to the State of an amount = in=20 compensation for expenses incurred, or reasonably expected to be = incurred, in=20 connection with the care, accommodation, transportation and repatriation = of the=20 victim of the offence.

20. =20 Regulations

(1) The Minister = may, for=20 the purposes of this Act, make such regulations as he thinks=20 fit.

(2) Without = prejudice to=20 the generality of his power under subsection (1), the Minister may, by=20 regulations =96

(a) provide for = the levying=20 and payment of fees and charges;

(b) provide that = any person=20 who contravenes them shall commit an offence and shall, on conviction, = be liable=20 to a fine not exceeding 100,000 rupees and to imprisonment for a term = not=20 exceeding 5 years.

21. =20 Consequential amendment

The Child = Protection Act is=20 amended, in section 13A =96

(a) by repealing = subsection=20 (7) and replacing it by the following subsection = =96

(7) Where the Court finds that a person = who has=20 parental responsibility and rights in respect of a minor has committed = an=20 offence under this section in relation to that minor, it may=20 =96

(a) suspend the parental responsibilities = and=20 rights of that person; and

(b) order the minor to be admitted to a = place of=20 safety, for such period as it thinks fit.

(b) by adding, = after=20 subsection (7), the following new subsection =96

(8) In this section, =93exploitation=94 = has the same=20 meaning as in the Combating of Trafficking in Persons Act=20 2009.

22. =20 Commencement

Proclaimed by = [Proclamation No. 24 of 2009] w.e.f 30 July=20 2009

(1) Subject to = subsection=20 (2), this Act shall come into operation on a date to be fixed by=20 Proclamation.

(2) Different = dates may be=20 fixed for the coming into operation of different sections of this=20 Act.

Passed by the National Assembly on the = twenty-first=20 day of April two thousand and nine.

Ram Ranjit=20 Dowlutta

Clerk of the National=20 Assembly