FOURTH REPUBLIC
Human Trafficking Act, 2005 Act 694
ARRANGEMENT OF
SECTIONS
Section
Prohibition and
offences relating to trafficking
1)
Meaning of
trafficking
2)
Prohibition
of trafficking
3)
Provision of
trafficked person prohibited
4)
Use of
trafficked persons prohibited
5)
Conveyance
in trafficking
6)
Duty to
infom1
7)
Special
mitigating factors
8)
Application
Complaints and
arrest
9)
Filing of
complaint to police
10)
Police
assistance
11)
Receipt of
complaint by police
12)
Arrest by
police
13. Arrest by
private person without warrant
Rescue,
rehabilitation and reintegration
14)
Rescue of
trafficked persons
15)
Temporary
care of trafficked person
16)
Counselling
of trafficked person
17)
Tracing of
family of trafficked person
18)
Rehabilitation of trafficked person
19)
Compensation
Human
Trafficking Fund
20)
Establishment of Fund
21)
Sources of
money for the Fund
22)
Objective of
the Fund
23)
Management
of the Fund
24)
Payment from
the Fund
25)
Accounts and
audit
26)
Financial
year
27)
Annual
report
Human
Trafficking Management Board
28)
Establishment of Human Trafficking Management Board
29)
Composition
of Management Board
30)
Functions of
Management Board
31)
Meetings of
Management Board
32)
Secretariat
of Management Board
33)
Allowances
Miscellaneous
34)
Continued
stay of illegal immigrants
35)
Extradition
of trafficking offender
36)
Power of
police under Act 30 and Act 560
37)
Reference to
Family Tribunal
38)
No
publication on human trafficking
39)
Criminal
charges and civil claim
40)
Confiscation
of property
41)
Regulations
42)
Interpretation
THE SIX HUNDRED AND NINETY-FOURTH
ACT
OF THE PARLIAMENT
OF THE REPUBLIC OF GHANA
ENTITLED
HUMAN TRAFFICKING ACT, 2005
AN ACT for the
prevention, reduction and punishment of human
trafficking, for the rehabilitation and
reintegration of trafficked persons and for related
matters.
DATE OF ASSENT:
5th December, 2005 ENACTED by the President and
Parliament:
Prohibition and
offences relating to trafficking
Meaning
of trafficking
1. (1)
Human trafficking means the recruitment,
transportation, transfer, harboring, trading or
receipt of persons within and across national
borders by
(a)
the use of threats,
force or other forms of coercion, abduction, fraud,
deception, the abuse of power or exploitation of
vulnerability, or
(b)
giving or receiving
payments and benefits to achieve consent.
(2) Exploitation
shall include at the minimum, induced prostitution
and other forms of sexual exploitation, forced
labour or services, slavery or practices similar
(3)
Placement for sale, bonded placement, temporary
placement, placement as service where exploitation
by someone else is the motivating factor shall also
constitute trafficking.
(4) Where children
are trafficked, the consent of the child, parents or
guardian of the child cannot be used as a defence in
prosecution under this Act, regardless of whether or
not there is evidence of abuse of power, fraud or
deception on the part of the trafficker or whether
the vulnerability of the child was taken advantage
of.
Prohibition of
trafficking
2.
(I) A person shall
not traffic another person within the meaning of
section I or act as an intermediary for the
trafficking of a person.
(2) A person who
contravenes subsection (1) commits an offence and is
liable on summary conviction to imprisonment for a
term of not less than five years.
(3) For purposes of
this section, an intermediary is someone who
participates in or is concerned with any aspect of
trafficking under this Act who may or may not be
known to the family of the trafficked person.
(4) To be concerned
with an aspect of trafficking in this Act means
(a)
to send to, take
to, consent to the taking to or to receive at any
place any person for the purposes of trafficking, or
(b)
to enter into an
agreement whether written or oral, to subject any
party to the agreement or subject any other person
to trafficking.
Provision of
trafficked person prohibited
3.
(l) A person who
provides another person for purposes of trafficking
commits an offence even where the person is a
parent.
(2) A person who
contravenes subsection (1) commits an offence and is
liable on summary conviction to a term of
imprisonment of not less than five years.
Use of
trafficked persons prohibited
4.
A person who uses a
trafficked person commits an offence and is liable
on summary conviction to a tern1 of imprisonment of
not less than five years.
Conveyance in
trafficking
5.
Means of conveyance
in trafficking includes use of public transport and
other forms of transport such as conveyance by land,
water or air.
Duty to inform
6.
(1) A person with
information about trafficking
(a)
shall inform the police, or
(b)
may inform
(i) the Commission
of Human Rights and Administrative Justice,
(ii) the Department
of Social Welfare,
(iii) the Legal Aid Board, or
(iv) a reputable
Civil Society Organisation.
(2) A person who
fails to inform the police commits an offence and is
liable on summary conviction to a fine of not less
than two hundred and fifty penalty units or a term
of imprisonment not less than twelve months or to
both.
Special
mitigating factors
7. Where a court in
sentencing a person convicted under section 3 or 4
finds that there are special circumstances related
to the offence or the offender, and that the
imposition of the minimum sentence in respect of the
offence is harsh, it may sentence the accused to a
lesser term of imprisonment in addition to a fine of
not less than five hundred penalty units.
Application
8.
A person is liable
to be tried and punished in Ghana for trafficking if
the person does an act which if done within the
jurisdiction of the courts in this country would
have constituted the offence of trafficking.
Complaint and
arrest
Filing of
complaint to police
9.
(1) A victim of
trafficking or a person with information about
trafficking may
file a complaint
with the police or other security services at the
place where (a) the offender resides,
(b)
the victim resides,
(c)
the trafficking
occurred or is occurring, or
(d)
the victim is
residing temporarily, if the victim has left his or
her normal place of abode.
(2) A child may be
assisted by a next friend to file a complaint on
trafficking.
(3) Despite
subsection (1), a complaint about trafficking shall
be filed by a social welfare officer, probation
officer, health care provider, teacher, district
labour officer or any other person where the
intervention is in the best interest of the victim.
(4) Where a victim
is for any reason unable to file a complaint
personally, a
member of the
victim's family or any person with knowledge of the
offence may file a complaint on behalf of the
victim.
(5) Where a person
who could have been a complainant under this Act has
died, the complaint may be made by the next of kin
or a person with know ledge of the offence.
Police
assistance
10. (1) A police
officer shall respond to a request by any person for
assistance 1T0m trafficking and shall offer
protection in a case of alleged trafficking even
where the person reporting is not the victim of the
trafficking.
(2) A police
officer who fails to respond to a request for
assistance shall on a report filed by the
complainant to a superior officer be subject to
Police Service disciplinary procedure.
Receipt of
complaint by police
11. (1) Where a
police officer receives a complaint, the officer
shall
(a)
take a statement
from the parties and witnesses,
(b)
record the
complaint in detail and provide a copy of the
written report to the victim,
(c)
assist the victim
to obtain medical treatment where necessary,
(d)
assist the victim
to a place of safety if the victim expresses concern
about safety, and
(e)
inform the victim
of his or her rights and any basic material support
which may be available to assist the victim.
(2) A police
officer shall take a statement from a child in the
presence of a next friend or a guardian.
Arrest by police
12. (1) A police
officer may arrest a person for trafficking with a
warrant issued in pursuance of this Act.
(2) A police
officer may arrest a person for trafficking without
a warrant where
(a)
an act of
trafficking is committed in the presence of the
officer,
(b)
the police officer
is obstructed by the person in the execution of
police duties, or
(c)
the person has
escaped or attempts to escape from lawful custody.
(3) A police officer may arrest without warrant upon
reasonable grounds of suspicion where a person
(a)
has committed an
offence of trafficking,
(b)
is about to commit
an offence of trafficking and there is no other way
to prevent the commission of the offence, or
(c)
is will lily
obstructing the police officer in the execution of
police duties.
Arrest by
private person without warrant
13. (I) A private
person may arrest person without warrant if the
person commits an act of trafficking in the presence
of the private person. •
(2) A Private person may arrest a person without
warrant where the private person has reasonable
suspicion that the person has committed an offence
of trafficking.
(3) A private
person who effects an arrest shall immediately hand
over the person to the police.
Rescue,
rehabilitation and reintegration
Rescue of trafficked persons
14.
(1) An authorised
officer shall be responsible for the rescue of a
trafficked person which may be carried out in
collaboration with an Organisation.
(2) Despite
subsection (1) any government agency may rescue a
trafficked person.
Temporary care
of trafficked person
15.
(1) The Ministry
shall provide temporary basic material support for
the care and protection of a rescued victim of
trafficking.
(2) Despite
subsection (1), a District Assembly shall be
resourced from the Fund to protect the welfare of a
trafficked person within its area of authority in
consultation with the relevant government agencies
and Organisations in the District.
Counselling of
trafficked person
16.
The Ministry shall
ensure the provision of counselling services for the
victim of trafficking to assist with the
rehabilitation and reintegration of a trafficked
person.
Tracing
of family of
trafficked person
17.
(1) The Ministry
shall be assisted by the police, an Organisation and
any other person to trace the family of a trafficked
person.
(2) The views of
the trafficked person shall be taken into
consideration in connection with family
reunification.
(3) A person who
has information which may assist with the tracing of
the family of a trafficked person shall provide the
information to the Department, the police or an
Organisation.
(4) The Ministry
may be assisted by an Organisation or any other
person to trace the family of a trafficked person.
Rehabilitation
of trafficked
person
18.
(1) The Ministry
shall assist to provide a rescued victim of
trafficking with employable skills and employment
opportunities.
(2) The Ministry
shall assist the victim with start up capital to
ensure the survival of the trafficked person.
(3) Trafficked
victims may receive financial assistance from the
Fund.
(4) The best
interest of the child shall be paramount in
assistance given to the rescue, rehabilitation and
re-integration of a trafficked child.
Compensation
19.
(1) A person
convicted of the offence of trafficking shall be
ordered by the court to pay compensation to the
victim of the trafficking.
(2) A person who
causes injury to a person in pursuit of trafficking
shall be ordered by the court to pay compensation to
the injured person.
(3) The payment of
compensation shall be in addition to any other
punishment.
Establishment of
Fund
20.
There is
established by this Act a Human Trafficking Fund.
Sources of money
for the Fund
21.
The moneys for the
Fund include
(a)
voluntary
contributions to the Fund from individuals,
Organisations and the private sector, .
(b)
the amount of money
that Parliament may approve for payment into the
Fund,
(c)
grants from
bilateral and multilateral sources,
(d)
proceeds from the
confiscation of property connected with trafficking,
and (e) money from any other source approved
by the Minister responsible for Finance.
Objective of the
Fund
22.
The moneys of the
Fund shall be applied as follows:
(a)
towards the basic
material support of victims of trafficking;
(b) for the
skills training of victims 0 f trafficking;
(c)
for tracing the
families of victims of trafficking;
(d)
for any matter
connected with the rescue, rehabilitation and
reintegration of victims of trafficking in their
best interest;
(e)
towards the
construction of reception shelters for trafficked
persons in the districts; and
(f)
for training and
capacity building to persons connected with rescue,
rehabilitation and reintegration.
Management of
the Fund
23)
(1) The Fund
shall be managed by the Ministry.
(2) Moneys for the
Fund Shall be paid into a bank account opened for
the purpose by the Ministry with the approval of the
Minister for Finance.
Payment from the
Fund
24.
(I) Moneys issued
from the Fund shall be by cheque signed by the
accountant of the Ministry and any two of the
following:
(a)
the Chief Director
of the Ministry;
(b)
the secretary of
the Management Board established under section 28,
and
(c)
one other member of
the Management Board nominated by the members of the
Management Board.
(2) The Management
Board shall develop guidelines for disbursements
form the Fund.
Accounts and
audit
25.
(I) The Ministry
shall keep books of account of the Fund and proper
records in relation to them, in the form approved by
the Auditor-General.
(2) The Ministry
shall submit the accounts of the Fund to the
Auditor-General for audit within three months after
the end of the financial year.
(3) The
Auditor-General shall, not later than three months
after the receipt of the accounts, audit the
accounts and forward a copy of the audit report to
the Minister.
Financial year
26.
The financial year
for the Fund shall be the same as the financial year
of the Government.
Annual report
27.
(I) The Minister
shall within one month after the receipt of the
audit report submit an annual report covering the
activities and the operations of the Fund for the
year to which the report relates.
(2) The annual
report shall include
(a)
the audited
accounts of the Fund and the Auditor-General's
report on the accounts of the Fund, and
(b)
other information
that the Minister may consider necessary.
(3) The Minister
shall within one month after the receipt of the
annual report submit the report to Parliament with a
statement that the Minister considers necessary.
Establishment
of the
Human Trafficking Management Board
28.
There is
established by this Act a Human Trafficking
Management Board.
Composition of
the Management Board
29.
(I) The Management
Board shall consist of
(a)
the
chairperson who shall be the Minister or Deputy
Minister,
(b)
one
representative of the Attorney-General not below the
level of Principal State Attorney,
(c)
one representative
of the Ministry of Local Government not below the
level of a Deputy Director,
(d)
one representative
of the Ministry of interior not below the level of a
Deputy Director,
(e)
one representative
of the Ministry of Health not below the level of a
Deputy Director,
(f)
one representative
of the Ministry of Education not below the level
of a Deputy
Director,
(g)
one representative
of the Ministry who shall be the secretary, (h)
one representative of the Ghana Journalists
Association,
(i)
one representative
each from the
(i) Police Service,
(ii) Immigration
Service,
(iii) Customs,
Excise and Preventive Service, and (iv) the Office
of the National Security Co-ordinator.
0)
the Director of
Social Welfare,
(k)
one representative
of the Labour Department not below the level of a
deputy chief labour officer,
(l)
one person from the
private sector nominated by the Minister, and (m)
three other persons one of whom is a woman.
(2) The members of
the Management Board other than the ex-officio
members shall be nominated by the institution
concerned.
(3) The members of
the Management Board shall be appointed by the
Minister with the authority of the President and
shall be committed to combating human trafficking.
Functions of the
Management Board
30.
The Management
Board shall
(a)
make
recommendations for a national plan of action
against human trafficking, monitor and report on the
progress of the national plan of action through the
Minister to the Economic Community of West African
States Secretariat,
(b)
advise the Minister
on policy matters under this Act,
(c)
provide assistance
on the investigation and prosecution of trafficking
cases,
(d)
propose and promote
strategies to prevent and combat trafficking in
persons,
(e)
liaise with
government agencies and Organisations to promote the
rehabilitation and reintegration of victims of
trafficking,
(j)
prepare guidelines
for disbursements from the Fund,
(g)
conduct research on
international and regional developments and
standards on trafficking in persons, and
(h)
deal with any
matter concerned with human trafficking.
Meetings of the
Management Board
31. (1) The
Management Board shall meet at the Ministry at least
once every three months.
(2) The quorum at a
meeting of the Management Board is five members. (3)
The chairperson shall convene and preside at
meetings of the Management Board and in the absence
of the chairperson a member of the Management Board
elected by the members present from among their
number shall preside.
(4) Matters before
the Management Board shall be decided by a majority
of the members
present and voting and in the event of equality of
votes, the person presiding shall have a casting
vote.
(5) The Management
Board may co-opt a person to attend its meeting but
the co-opted person may not vote on a matter for
decision of the Management Board.
(6) Subject to this
section, the Management Board may determine the
procedure for its meetings.
Secretariat of the
Management Board
32)
(1) The
Management Board shall have a secretariat.
(2) The secretariat
of the Management Board shall be at the Ministry
which shall provide the facilities and personnel for
the performance of the functions of the Management
Board.
Allowances
33. Members of the
Management Board shall be paid the allowances
approved by the Minister in consultation with the
Minister responsible for Finance.
Continued stay of
illegal immigrants
34. (I) Despite the
provisions in section 21 of the Immigration Act,
2000 (Act 573), on the removal of an illegal
immigrant, a trafficked person who is in this
country unlawfully, may remain in this country
throughout the period of a legal investigation
Confiscation of
property
40.
(1) Where there is
evidence that movable or immovable property has been
acquired by a trafficker as a result of gains from
human trafficking activity, the court shall order
the confiscation of the property.
(2) The court may
make an order that it considers appropriate in
connection with the confiscated property and may
direct that the proceeds of the confiscated property
be paid into the Fund.
Regulations
41.
The Minister may,
on the recommendation of the Management Board, by
legislative instrument make Regulations on
(a)
preventive measures
to be taken by District Assemblies against human
trafficking;
(b)
the training for
the personnel of the security services to combat
trafficking;
(c)
the skills
training, care and protection of victims of
trafficking;
(d)
the collection of
data and exchange of information on trafficking in
persons;
(e)
the rescue,
rehabilitation and reintegration of trafficked
persons; (f) any other matter for the
effective implementation of this Act;
(g)
special mitigating
guidelines provided in respect of the provisions of
section 7; and
(h)
skills training to
include formal education for young victims.
Interpretation
42.
In this Act unless
the context otherwise requires
"abduction" has the
meaning attributed to it in the Criminal Code, 1960
(Act 29);
"authorised
officer" means an immigration officer, a police
officer or any other public officer authorised by
the Ministry of Interior to implement any provision
of this Act;
"basic material
support" includes education, health care, shelter,
counselling and nutritional requirements;
"bonded placement"
includes placement by a trafficker of a person for
exploitative purposes with a promise of subsequent
payment to the trafficker for the placement of the
trafficked person by the user of the trafficked
person and the placement of a trafficked person to
offset a debt already owed by the trafficker or
another person;
"care and
protection" has the same meaning as basic material
support; "child" means a person below eighteen
years;
"coercion" means a
threat of serious injury to or physical restraint
against a person, a scheme, plan or pattern intended
to cause a person to believe that failure to perform
an act will result in serious injury to or physical
restraint of a person;
"court" means court
of competent jurisdiction;
"District Assembly"
includes a Metropolitan Assembly and Municipal
Assembly;
"foreign authority"
means a person designated by a foreign government as
a competent authority to act on behalf of a foreign
government for purposes of this Act;
"Fund" means the
Human Trafficking Fund established under section 20;
"government" means the authority by which the
executive authority of Ghana is duly exercised;
"government agency"
means an establishment in this country by virtue of
an enactment and an establishment approved by the
Ministry;
"guardian" means a
social welfare officer, probation officer, health
care provider, leader, district labour officer, or
any other person who. intervenes in the best
interest of a child;
"injury" includes
physical, emotional and psychological hurt;
"Organisation" means Civil Society Organisation
which includes community based organisations,
Non-Governmental Organisations, Traditional
Authorities, religious bodies and associations;
"Management Board"
means Human Trafficking Management Board;
"Minister" means
Minister responsible for Women and Children's
Affairs;
"Ministry" means
the Ministry responsible for Women and Children's
Affairs;
"next mend" means a
person who intervenes to assist a child in a legal
action;
"organs" include a
part of the human body which can be removed and used
to sustain life for any purpose;
"place of safety"
means premises where the welfare ofa victim of
trafficking is assured; I
"placement as
service" means the placement of a person by a
trafficker for exploitative purposes where the
service of that person is not remunerated;
"police officer"
includes an officer from another security service;
"private sector" means the part of the economy which
is not funded by the Government or from moneys
provided by Parliament;
"security services"
includes the Police, Customs, Excise and Preventive
Service, the
Immigration Service and Bureau of National
Investigation;
"servitude" means
involuntary bondage;
"social welfare
officer" includes a probation officer;
"temporary
placement" means the transfer of a trafficked person
for a limited period for exploitative purposes;
"trafficked person"
means a victim of trafficking; and
"trafficking" has
the meaning provided under section 1;
Date of Gazette
notification: 9th
|
