Trafficking In Persons (Prohibition), (Enforcement And Administration) Act, 2015

Link to law: http://www.nassnig.org/document/download/7857

TJL-'\FFlCI...JNGIN PERSONS (PROHIBITION), (ENFOHCEMENT AND ADMINISTRATlON) ACT,2015
EXPLANATORY MEMORANDUM
This Act repeals the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act. 2003 as amended and enacts the Trafficking in Persons (Prohibition), Enforcement and Administration Act 10. among other things. provide measures against trafficking in Nigeria.
TRAFFICKING 11'\ PERSONS (PROHIBITION) ENFORCEMENT Al\'D ADMINISTRATION ACT,2015
ARRANGEMENT OF SECTIONS
PART I - OBJECTIVES
Section:
1. Objectives
PART II-ESTABLISHMENT OF TI-IE NATIONAL AGENCY FOR THE PROHIBITION OF TRAFFICKING IN PERSONS
2. Establishment of the National Agency for the Prohibition of Trafficking in Persons. 3. Establishment and composition of the Governing Board. 4. Tenure of office of the Chairman and members of the Board. S. Functions of the Agency. 6. Powers of the Agency. 7. Functions and powers of the Board. S. Appointment and tenure of the Director-General. 9. Other staff of the Agency. 10. Service in the Agency to be pensionable. 11. Establishment of Special Departments. 12. Duties of the Special Departments.
PART III-PROHIBITION OF ACTS OF TRAFFICKING IN PERSONS
13. Prohibition of acts of Trafficking in Persons.
PART IV-OFFENCES AND PENALTIES
14. Importation and exportation of persons. 15. Procurement of person for sexual exploitation. 16. Abuse. procurement or recruitment of person under 1S years for prostitution or other forms of sexual
exploitation. 17. Procurement or recruitment of person under the age of 1S years for pornography or brothel. 18. Foreign travel which promotes prostitution or sexual exploitation. 19. Procurement or recruitment of person for use in armed conflicts. 20. Procurement or recruitment of person for organ harvesting. 21. Prohibition of buying or selling of human beings for any purpose. 22. Forced labour. 23. Employment of child as domestic worker and inflicting grievous harm. 24. Trafficking in slaves.
25. Slave dealing. 26. Offences relating 10 fraudulent entry of persons. 27. Conspiracy. 28. Escape or aiding and abetting escape. 29. Attempt to commit an offence under this Act. 30. Where evidence establishes an attempt to commit an offence or the commission of the full offence. 31. Offences by a body corporate. 32. Obstruction of the Agency or her authorized officer. 33. Impersonation or assumption of character of an officer of the Agency. 34. Tampering with evidence and witness. 35. Responsi bil ity of ai 1'1 ines, commercial carriers, tour operators and travel agents.
PART V-JURISDICTION
36. Jurisdiction to try offences under this Act. 37. Adoption of measures to avoid delays.
PART VI-FINANCIAL PROVISIONS
38. Funds of the Agency. 39. Expenditures of the Agency. 40. Power to borrow and accept gifts. 41. Accounts and Audit. 42. Annual report.
PART VII-SEARCH, ARREST AND SEIZURE
43. Issuance of warrant for investigation. 44. Investigation or search without warrant. 45. Vi deo record ing and custody of records. 46. Protection of informants and information. 47. Witness protection.
PART VIII-ATTACHMENT AND FORFEITURE OF ASSETS
48. Forfeiture ofpassporl. 49. Forfeiture of assets after conviction. 50. Foreign assets. 5 I. Property subject to forfeiture. 52. Se izure of property. 53. Investigation of assets and properties of an arrested person. 54. Disclosure of assets and property by an arrested person. 55. Interim attachment order after seizure of property. 56. Final Order of forfeiture. 57. Disposal of forfeited Property. 58. Offences in relation to forfeiture orders. 59. Consequences of an acquittal in respect of confiscated assets and properties.
60, Freezing order on banks or other financial institutions,
PART IX- TREATMENT OF TRAFFICKED PERSONS
61, Treatment of trafficked persons. 62, Non-detention or prosecution of a trafficked person in certain circumstances. 63, Rights of a victim to information, 64, Establishment of Transit Shelter. 65, Right to compensation or restitution, 66, Application of certain enactments.
PART X - VICTIMS OF TRAFFICKING TRUST FUND
67. Establishment of Victims of Trafficking Trust Fund. 68. Establishment of Victims of Trafficking Trust Fund Committee.
PART XI - MUTUAL LEGAL ASSISTANCE, EXCHANGE OF INFORMATION AND EXTRADITI ON
69. Requests from foreign States, 70. Request to a foreign State. 71. Evidence pursuant to a request. 72, Form of requests. 73, Extradition, 74. Exchange of information relating to human trafficking.
PART XII - MISCELLANEOUS
75. Power of the Minister to give directives of general character to the Agency. 76. Power to make regulation. 77. Pre-action notice. 78. Restriction on execution against property of the Agency. 79. lndemn ity of officers of the Agency. 80. Repeal and savings provision. 81. Transitional provisions. 82, Interpretation. 83, Citation.
TRAFFICKING IN PERSONS (PHOHIBITlON) ENFORCEMEl\'T AND ADMINISTRA TlON ACT, 2015
A Bill
For
An Act to repeal the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act, 2003 as amended and to enact the Trafficking in Persons (Prohibition), Enforcement and Administration Act to provide measures against trafficking; and for related matters.
ENACTED by the National Assembly of the Federal Republic of Nigeria -
PART I - OBJECTIVES
I. The objectives of this Act are to-
(a) provide an effective and comprehensive legal and institutional framework for the prohibition, prevention, detection, prosecution and punishment of human trafficking and related offences in Nigeria:
(b) protect victims of human trafficking; and
(c) promote and facilitate national and international cooperation in order to meet the objectives set out in paragraphs (a) and (b) of this section.
PART II -ESTABLISHMENT OF THE NATIONAL AGENCY FOR THE PROHIBITION OF TRAFFICKING IN PERSONS
(I) There is established the National Agency for the Prohibition of Trafficking 111 Persons (in this Act referred to as'fhe Agency).
(2) The Agency shall be a body corporate-
(a) with perpetual succession and a C0111mon seal;
(b) which may sue or be sued in its corporate name; and
(c) which may acquire. hold. purchase, mortgage and deal howsoever with property, movable or immovable, real or personal.
(I) There is established for the Agency, a part time Governing Board (in this Act referred to asthe Board').
(2) The Board shall consist of-
(a) a chairman who shall be a person with knowledge and experience 111 matters related to counter - trafficking in persons;
(b) two representatives of civil society-based organizations involved IJ1 matters relating to trafficking in persons:
(c) a re\)resentative each of the following institutions or agencies who shal be within the Directorate cadre -
(i) Federal Ministry of Justice. (ii) Federal Ministry of Women Affairs,
Commencement
Objectives.
Establishment of the National Agency [or the Prohibition of Trafficking in Persons.
Establishment and composition of the Governing Board.
(iii) Federal Ministrj of Labour and Productivity, (iv) Nigeria Police Force, (v) National Intelligence Agency. (vi) Nigeria Immigration Service. and (vii) National Planning Commission:
(d) the Director - General and Chief Executive Officer of the Agency who shall be the Secretary to the Board.
(3) The Chairman and other members of the Board shall be appointed by the President on the recommendation of the Minister.
4.
(4) The provisions of the First Schedule to this Act shall have effect with respect to the proceedings of the Board and other matters mentioned therein.
(I) The Chairman and members of the Board shall hold office for a term of four years and may be eligible for re-appointment for another term of four years and no more.
(2) The office of the Chairman or a member of the Board shall become vacant where -
(a) his term of office expires;
(b) he resigns his office by a notice in writing under his hand addressed to the President;
(c) he dies:
(d) the Board by resolution declares the seat vacant because he-
(i) has been absent from the Board meetings for four consecutive times without the permission of the Board,
(ii) becomes a person of unsound mind 01' incapable of carrying out his duties,
(iii) has been declared bankrupt or he makes compromise with his creditors,
(iv) is incapacitated by physical or mental illness,
(v) has been convicted of a felony or any offence involving dishonesty.
(vi) is guilty of gross misconduct relating to his duties; or
(e) in the case of an ex - officio member, he ceases to hold the office on the basis of which he became a member of the Board.
(3) Notwithstanding the provisions of subsection (2) of this section, the President may remove a member from the Board if he is satisfied that it is not in the interest of the Agency or public for the person appointed to continue in office.
(4) Where a vacancy occurs in the membership of the Board. the President shall appoint a successor to hold office for the remainder of the term of office of his predecessor and the successor shall represent the same interest as that member whose exit created the vacancy.
5. The functions of the Agency shall be to -
(a) enforce and administer the provisions of this Act:
(b) co-ordinate and enforce all other laws 011 trafficking 111 persons and related offences:
First Schedule
Tenure of office of the Chairman and members of the Board.
Functions of the Agency.
(c) adopt effective measures for the prevention and eradication of trafficking in persons and related offences:
(d) establish co-ordinated preventive. regulatory and investigatory machinery geared towards the eradication of trafficking in persons;
(e) investigate all cases of trafficking in persons including forced labour, child labour. forced prostitution, exploitative labour and other forms of exploitation, slavery and slavery - like activities, bonded labour, rem ova I of organs. illegal srnuggl ing of 111 igrants, sale and purchase of persons;
(f) encourage and facilitate the availability and participation of persons who voluntarily, consent to assist in investigations or proceedings relating to trafficking in persons and related offences;
(g) enhance the effectiveness of law enforcement agents and other partners in the suppression of trafficking in persons;
(h) create public enlightenment and awareness through seminars, workshops, publications, radio and television programmes and other means aimed at educating the public on the dangers of trafficking in persons;
(i) establish and maintain communications to facilitate rapid exchange of information concerning offences under this Act;
U) conduct research and strengthen effective legal means of international co-operation in suppressing trafficking in persons;
(k) implement all bilateral and multilateral treaties and conventions on trafficking in persons adopted by Nigeria:
(I) strengthen co-operation and conduct joint operations with relevant law enforcement and security agencies, international authorities and other relevant partners in the eradication of trafficking in persons;
(rn) co-ordinate, supervise and control-
(i) the protection, assistance and rehabilitation of trafficked persons: and
(ii) all functions and activities relating to investigation and prosecution of all offences connected with or relating to trafficking ill persons;
(n) adopt measures to identify, trace, freeze. confiscate or seize proceeds, property, funds or other assets derived from trafficking in persons or related offences;
(0) conduct research on factors responsible for internal and external trafficking in persons and initiate programmes and strategies aimed at the prevention and elimination of the problem:
(p) facilitate rapid exchange of scientific and technical information concerning or relating to trafficking in persons:
(q) collaborate with government bodies both within and outside Nigeria whose functions are similar to those of the Agency in the area of the-
(i) movement of proceeds or properties derived from trafficking in persons and other related offences,
(ii) identities, location and activities of persons suspected of being involved in trafficking in persons and other related offences. and
(i i i) exchange 0 f personne I and other experts:
(1') establish and maintain a system for monitoring trans-border activities relating to trafficking in persons in order to identify suspicious movements and persons involved;
(s) deal with matters connected with the extradition and deportation of persons involved in trafficking in persons and other mutual legal assistance between Nigeria and any other country in trafficking in persons, subject to the supervision of the Minister;
(1) initiate, develop and improve special training programmes for personnel of the Agency and relevant law enforcement agents charged with the responsibility of detecting offences created under this Act: and
(u) carry out such other activities as are necessary for the efficient discharge of the functions conferred on it under this Act.
6. The Agency shall have the power to-
(a) investigate whether any person, body or entity has committed an offence under this Act or the offence of trafficking under any other law:
(b) enter into any premises, property or conveyance for the purpose of conducting searches in furtherance of its functions under this Act or under any other law;
(c) arrest, detain and prosecute offenders under this Act or any other law on trafficking in persons in Nigeria;
(d) trace, seize, detain or retain the custody, for the purpose of investigation and prosecution, of any property which the Agency reasonably believes to have been involved in or used in the commission of offences under this Act or any other law:
(e) seal up premises upon reasonable suspicion of such premises being involved with or used in connection with offences under this Act: and
(f) seek and receive information from any person, authority, corporation or company without hindrance in respect of the enforcement of any of the provisions of this Act.
7. (I) The Board shall-
(a) formulate and provide general policy guidelines for the discharge of the functions of the Agency:
(b) monitor and ensure the implementation of the policies and programmes of the Agency: and
(c) carry out such other functions as are necessary or expedient to ensure the efficient performance of the functions 01 the Agency under this Act.
(2) The Board shall have power to-
(a) approve rules and regulations relating to the appointment. promotion and disciplinary measures for the employees ofthe Agency:
Powers of the Agency.
Functions and Powers of the Board.
(b) fix the remuneration, allowances and benefits of the employees of the Agency subject to the approval of the Salaries and W'ages Comrn ission: and
(c) regulate its proceedings and make standing orders with respect to the holding of its meetings, notices to be given, the keeping of minutes of its proceedings and such other matters as the Board may. from time to time. determine.
8. (L) There shall be for the Agency, a Director - General who shall be from the Directorate Cadre in the Public Service of the Federation or its equivalent in any law enforcement service and shall be appointed by the President on the recommendation of the Minister.
9.
(2) The Director - General shall-
(a) be the chief executive and accounting officer ofthe Agency;
(b) be responsible for the day-to-day administration of the Agency;
(c) keep the books and records of the Agency; and
(d) be the Secretary to the Board,
(3) The Director - General shall hold office for a term of four years in the first instance and may be eligible for re-appointment for another term of four years and no more.
(1) The Agency may, from time to time, appoint such other staff as it may deem necessary, to assist the Agency in the performance of its functions under this Act.
(2) The staff of the Agency appointed under subsection (1) of this section shall be appointed on such terms and conditions of service as the Agency may determine in accordance with the approved government policy.
(3) The staff of the agency shall be public officers as defined in the Constitution of the Federal Republic of Nigeria.
(4) The Agency 111ay, subject to the provisions of section 30 (2) of this Act and the approval of other relevant agencies, make staff regulations relating generally to the conditions of service of its employees providing for-
(a)the appointment, promotion and staff discipl ine:
(b) appeals by employees against disciplinary measures; and
(c) such other matters to ensure the efficient performance of the functions of the Agency under th is Act.
(5) Staff regulations and conditions of service made under subsection (4) of this section shall not have effect until it is published in the Gazette and website of the Agency.
(6) Until the staff regulations and conditions of service under subsection (4) of this section are made, any instrument relating to the conditions of service applicable to the Civil Service of the Federation shall be applicable to the Agency with such modifications as may be considered necessary by the Agency from time to time.
(I) Service in the Agency shall be public service for the purpose of the Pension Reform Act and accordingly. officers and other staff of the Agency shall, in respect of their service in the Agency, be entitled to such pension and retirement benefits as are prescribed in the Pension Reform Act
10.
(2) Notwithstanding the provisions of subsection (J) of this section. nothing in this Act shall prevent the appoi ntment of a person to any off! ce on terms which prec Iude the
Appoinunern and tenure of the Director - General.
Other staff of the Agency.
Service in the Agency to be pensionable.
grant of pension and retirement benefits in respect ofthat office.
(3) For the purpose of the application of the provisions of the Pension Reform Act any power exercisable by a Minister or other authority of the Government of the Federation (not being the power to make regulations under section 76 of this Act) arc hereby vested in and shall be exercisable by the Board.
II. (J) For the effective conduct of the functions of the Agency. there shall be established for the Agency the following Special Departments.-
(a) Investigation and Monitoring Department: (b) Lega I and Prosecution Department; (c) Public Enlightenment Department; (d) Counselling and Rehabilitation Department; (e) Research and Programme Development Department: (f) Training and Manpower Development Department: and (g) such other Departments as the Agency may estab Iish with the approva I
of the Board hom time to time.
(2) Notwithstanding the provisions of subsection (I) of this section, the Agency shall have powers to-
(a) set up units, technical committees, working groups and ask forces to assist the Agency in the performance of its duties and functions under this Act: and
(b) make changes to its structure with the approval of the Board.
(3) There shall be appointed for each of the Special Departments a principal officer who shall be known by such designation as the Agency may determine.
12. (J) The Investigation and Monitoring Department shall-
(a) be responsible for the prevention and detection of offences under this Act;
(b) collaborate with the Nigeria Immigration Service and other relevant law enforcement agencies in charge of entry and exit for the purpose of detecting offences under this Act;
(c) investigate, trace and identify the proceeds, assets and properties of persons derived from acts which constitute an offence under this Act; and
(d) effect the confiscation or forfeiture of such proceeds, assets and properties in collaboration with the Legal and Prosecution Department.
(2) The Legal and Prosecution Department shall-
(8) be responsible for the prosecution of offenders under this Act:
(b) support the Agency and other Departments with legal advice and assistance whenever it is required;
(c) conduct the proceedings as may be necessary towards the recovery of any asset or property confiscated, frozen or forfeited under this Act:
(d) deal with matters connected with extradition and mutual assistance in criminal matters: and
(e) perform such other legal duties as the Agency may refer to it from time to time.
Establishment ofSpecial Departments.
Duties of the Special Departments.
(3) The Public Enlightenment Department shall be responsible for-
(a) carrying out information and awareness-raising campaigns, seminars and workshops, radio and television programmes aimed at educating the public on the dangers of trafficking in persons. especially to sectors and groups that are vulnerable to trafficking 1Il persons, 111 co- operation with the media, non-governmental organizations, labour. market organizations, migrants' organizations and other segments of civil society;
(b) developing educational programmes. in particular for young people, to
(i) address gender d iscrim ination and promote gender eq ual ity and respect for the dignity and integrity of every human being,
(ii) include trafficking in persons in human rights curricula in schools and universities, and
(iii) address the underlying causes of trafficking, such as poverty, under-development, unemployment, lack of equal opportunities and discrimination in all its forms, and improve the social and economic conditions of groups at risk.
(4) The Counselling and Rehabilitation Department shall have responsibility for-
(a) counsel ling, after care rehabi litation. social re-integration and education of trafficked persons;
(b) the promotion of the welfare of victims of trafficking in persons; and
(e) supporting. advising and facilitating access to legal aid services by victims.
(5) The Research and Programme Development Department shall be responsible for-
(i) researching into factors causing and promoting internal and external trafficking in persons,
(ii) initiatina programmes and developing strategies for addressing the problems of trafficking in persons,
(iii) supporting the Agency in areas of statistics, records, planning, and
(iv) performing such other duties as the Agency may refer to it from time to time.
(6) The Training and Manpower Development Department shall-
(a) initiate, develop or improve specific training programmes for officers of the Agency and relevant law enforcement officers charged with the responsibility for the prevention. detection, investigation. elimination, prosecution, rehabilitation of victims of trafficking and related activities:
(b) collaborate with relevant law enforcement and security agencies and institutions for the purpose of providing training for law enforcement and security officers responsible for the investigation, detection, prevention, elimination of human trafficking and related offences and the rehabilitation of victims of trafficking in persons and related unlawful activities: and
(c) collaborate with. support and keep a register of Non-Governmental Organizations involved in anti- human trafficking activities especially in the area of training. workshop and seminars.
PART III - PROHIBITION OF ACTS OF TRAFFICKING IN PERSONS
J 3. (I) All acts of human trafficking are prohibited in Nigeria.
(2) Any person who recruits .. transports. transfers, harbours or receives another person (1)' means of -
(a) threat or use of force or other forms of coercion,
(b) abduction, fraud, deception, abuse of power or position of vulnerability, or
(c) giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation of that person,
commits an offence and is liable on conviction to imprisonment for a term of not less than 2 years and a fine of not less than N2S0, 000.00.
(3) For the purpose of sub-section (2) (c), abuse of a position of vulnerability includes intentionally using or otherwise taking advantage of an individual's personal, situational or circumstantial vu lnerabi lity to recruit transport, transfer, habour or receive that person for the purpose of exploiting him or her. such that the person believes that submitting to the will of the abuser is the only real or acceptable opti~)]1.available to him or her and that this belief is reasonable in the light of the victims situauon.
(4) A person who in or outside Nigeria directly or indirectly-
(a) does or threatens any act preparatory to or in furtherance of an act of trafficking in persons,
(b) om its to do anythi ng that is reasonably necessary to prevent an act of trafficking in persons,
(c) assists or facilitates the activities of persons engaged in acts of trafficking in persons or is an accessory to any offence under this Act
(d) procures any other person by any means to cornm it an offence under this Act.
(e) participates as an accomplice in the commission of an offence under this Act, or
(J) prom ises or induces any other person by any means to C0111mit any of the offences referred to in th is Act.
commits all offence under this Act and is liable on conviction to imprisonment for a term 0 f not less than 5 years and a fine of not less than N 1. 000,000.00.
(5) The consent of a victim of trafficking in persons to the intended exploitation set forth in the definition of trafficking in persons in this Act shall be irrelevant where any of the means set forth in the definition has been used.
(6) The recruitment, transportation, transfer, harborinz or receipt of a child for the purpose of exploitation shall be considered trafficking in persons even if this does not involve any of the means set forth in the definition 01 trafficking in persons in this Act.
Prohibition of acts of trafficking in persons.
PAI
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