By Sharda Bacchus
After three hours of debate, the National Assembly Wednesday night passed the Combatting of Trafficking of Persons 2023 Bill, paving the way for restitution for victims and harsher penalties for perpetrators.
The Bill repeals and replaces the Combatting of Trafficking Persons Act of 2005.
It was tabled for the first time in the National Assembly by Minister of Human Services and Social Security, Dr Vindhya Persaud on April 24, 2023.
Now that the bill has been passed, the transportation of anyone across the border for exploitation is an offence that will carry, on summary conviction, a $5 million fine and up to five years imprisonment.
Convicted persons can also have their assets forfeited to the State, whether local or overseas.
And among other provisions, the law also allows for restitution to be paid to victims.
In her address to the House, Dr Persaud called for full support of the Bill which she said is of “great importance” to the country as it will impact the lives of many.
“I believe that this Bill deserves a place in our legislative cache as it speaks to many of our fundamental rights, notably freedom,” she said.
As part of efforts to combat trafficking in person, Dr Persaud reminded the House that the government is committed to the “robust, strong” legislation which forms parts of the arsenal against TIP.
“TIP…we know it has no face. It is sometimes described as a hidden crime and because of that there is a need for much public awareness and education,” she said.
From 2020 to 2023, Dr Persaud highlighted that the ministry received 151 reports of TIP and was able to identify 790 alleged victims.
She said that the legislation consists of many “stringent” measures envisioned to bring more perpetrators to justice, give voice to victims and, more importantly, restore a fundamental human right.
“The legislation is significant because in addition to existing law, it emphasises the government’s zero tolerant for trafficking which is necessary to combat a crime where perpetrators maybe be elusive and prey on the fears of victims and impose that fear in such a way that it sometimes causes that victim not to want to come forward, not to want to testify, not to want to proceed…where it leads to a conviction,” she said.
A total of eight Members of Parliament participated in the debate towards passage of the legislation. And with one amendment, the Bill was passed.
Clause 13 (1) reads “a body corporate which commits an offence under this Act is liable on conviction on indictment to a fine of ten million dollars” and was amended to read “a fine of not less than ten million dollars and not more than fifteen million dollars”.
According to the explanatory memorandum, the Bill provides more comprehensive measures to combat TIP in keeping with international best practices and changing socio-political needs.
Part II of the Bill sets out criminal offences and those offences have an extraterritorial effect.
The Bill also outlines that a Counter-Trafficking in Persons Unit shall be responsible for protecting and assisting victims of trafficking; it also works with other relevant agencies. The President, based on Part VI of the Bill, shall also establish a Ministerial Task Force comprising various stakeholders to help with the protection of people, collecting and publishing data, training law enforcement officers and conducting public awareness.
Several provisions were also outlined for investigation and court procedures that are meant to provide better services to victims while more efficiently combatting the issues.
