Recruitment based on un researched information about the actual terms and conditions of service of clients
Inadequate or exaggerated briefing to clients
Use of forged documents, i.e. Interpol letters, medical forms, recommendation letters; job contract documents; visas
Failure to effectively monitor the working conditions of the clients working abroad
Failure to respond to reports of mistreatment, abuse or exploitation of clients working abroad
Failure to respond to calls for rescue of clients from continued mistreatment, abuse or exploitation
The above mentioned acts and omissions may result into the following offences under the PTIP Act 2009:-
I. Section 3: Offence of trafficking in persons.
(1) A person who: –
(a) Recruits, transports, transfers, harbors or receives a person by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.
(b) Recruits, hires, maintains, confines, transports, transfers, harbors or receives a person of facilitates the afore mentioned acts through force or other forms of coercion for the purpose of engaging that person in prostitution, pornography, sexual exploitation, forced labour, slavery, involuntary servitude, debt bondage, forced or arranged marriage.
Commits an offence and is liable to imprisonment for fifteen years.
II. Section 4: Aggravated Trafficking in persons
A person commits the offence of aggravated trafficking where-
The victim of trafficking is a child (a)
The offence is committed by a syndicated, or on a large scale (d).
The victim dies, becomes a person of unsound mind, suffers, mutilation, gets infected with HIV/AIDS or any other life threatening illness(j).
And shall be liable to imprisonment for life
III. Section 5: Trafficking in children.
A person who:-
Does any act referred to in section 3 in relation to a child (a).
Commits an offence of aggravated trafficking in children and may be liable to suffer death.
IV. Section 7: Promoting trafficking in persons.
Any person who:
Produces, prints, issues or distributes any document or information of any government agency which relates to immigration for purposes of trafficking ((b).
Tampers with, or falsifies any government or government agency’s document or information relating to the immigration regulations or requirements (c).
Utters or aids any person to utter false document relating to immigration for purpose of facilitating that person’s entry or stay in Uganda, exit from the country (d).
Gives or facilitates the giving of false information to any authority for the purpose of enabling the entry, stay in Uganda or exit from Uganda of any person(e).
In any way engages in the selling or buying of persons(g).
Commits an offence and is liable on conviction to a fine not exceeding one hundred and twenty currency points or to imprisonment for five years or both such imprisonment and a fine and on subsequent conviction for the same offence is liable to imprisonment of seven years without the option of a fine.
V. Section 8: Offences related to trafficking in persons
A person who:
Attempts to traffic in person
Conspires with another person to do an act of trafficking in persons.
A recruit, transports, transfers, harbours, provides or receives a person for domestic or overseas employment or training or apprenticeship with the intention of trafficking.
Introduces or matches any person to another for purposes of sexual exploitation.
Confiscates, conceals or destroys a passport, travel documents or other personal documents or belongings of a person for the purpose of unlawfully denying that person freedom of movement, or access to any public services.
Commits an offence and is liable on conviction to imprisonment for five years or a fine of one hundred and twenty currency points or to both such imprisonment and fine and on subsequent conviction for the same offence is liable to Imprisonment of seven (7) years without the option of a fine.
VI. Section 10: Duty to report trafficking in persons.
A person who knowing or having reason to believe that a person has committed or intends to commit an offence and does not report to the police or other relevant authority, commits an offence and is liable to a fine of five thousand currency points or imprisonment for six (6) months (2).
VII. Section 13: Confidentiality.
At any stage of the investigation or trial of an offence under this Act, law enforcement officers, prosecutor, judicial officers and medical practitioners as well as parties to the case shall recognize the right to privacy of the victim of trafficking (1).
VIII. Section 15: Restitution
Where a person is convicted of trafficking in persons under this Act, the court shall in addition to any other punishment, orders that person to pay restitution to the victim or other person or organization which may have incurred expenses on the victim’s behalf for:-
(a) Costs of medical and psychological treatment.
(b) Costs of physical and occupational therapy and rehabilitation.
(c) Costs of necessary transportation, temporary housing and child care.
(d) Costs of re-integration in society and
(e) Any other costs that the court may deem fit.
IX. Section 16: Compensation
Where a person is convicted of trafficking in persons under this Act, the court may in addition to any other punishment order that to pay compensation to the victim for:-
(a) Physical injury
(b) Emotional distress
(c) Pain and suffering
(d) Loss or damage
(e) Any other damage that the court may deem fit
X. 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(1) or the offender shall be ordered to pay the amount equal to the value of the proceeds or property.
