Sierra Leone
Anti-Human Trafficking and Migrant Smuggling Act, 2022
Act 12 of 2022
- Published in Sierra Leone Gazette 51 on 21 July 2022
- Assented to on 18 July 2022
- Commenced on 21 July 2022
- [This is the version of this document from 21 July 2022.]
Part I – Preliminary
1. Interpretation
In this Act, unless the context otherwise requires—“abuse of a position of vulnerability” means abuse that the person believes he has no reasonable alternative but to submit to the labour or service demanded of the person, and includes taking advantage of the vulnerabilities resulting from the person having entered a country illegally or without proper documentation, pregnancy, physical or mental disease or disability of the person, addiction to the use of substance, or reduced capacity to form judgements by virtue of being a child;“child” means a person under the age of 18 years;“coercion” means force or some form of non-violent or psychological force including—(a)threats of serious harm to or physical restraint against a person;(b)a scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm, physical restraint or legal action against a person; or(c)the abuse or threatened abuse against a person;“debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his personal services or those of a person under his control as a security for debt, if the value of those services as reasonably assessed is not applied towards the liquidation of the debt or the length and nature of those services are not respectively limited and defined;"electronic evidence" means photographs, video recording, audio recordings, evidence derived from data contained in or produced by any device the functioning of which depends on a software program or from data stored on or communicated over a computer system or network;“exploitation” includes—(a)keeping a person in a state of slavery;(b)subjecting a person to practices similar to slavery;(c)compelling or causing a person to provide forced labour or services;(d)keeping a person in a state of servitude, including sexual servitude;(e)exploitation of the prostitution of another;(f)engaging in other form of commercial sexual exploitation, such as pimping, pandering, procuring, profiting from prostitution, maintaining a brothel, child pornography and online child exploitation;(g)slavery and servitude;(h)illicit removal of human organs;(i)exploitation during armed conflicts;“forced labour” means labour or services obtained or maintained through force, threat of force or other means of coercion or physical restraint;“fraudulent travel or identity document” includes a counterfeit copy, illicitly modified genuine travel or identity document made by unauthorised persons, to be used deceptively as if it were a legitimate travel or a travel or identity document obtained from an authorised issuer by providing false information;“illicit removal of organs” means the illegal removal of a human organ and not the legitimate medical procedures for which proper consent has been obtained;“Minister” means the Minister responsible for Social Welfare;“practices similar to slavery” includes debt bondage, serfdom, forced or servile marriages and delivery of children for exploitation;“servitude” means a condition of dependency in which the labour or services of a person are provided or obtained by threats of serious harm to that person or other person or through a scheme, plan or pattern intended to cause the person to believe that, if the person do not perform such labour or services, that person or another person would suffer serious harm;“slavery” means the status or condition of a person over whom any or all the powers attaching to the right of ownership are exercised;“smuggling” means the offence of migrant smuggling under section 20;“Task Force” means the National Task Force on Human Trafficking referred to in section 2;“trafficking” means the offence of trafficking of persons stated in section 12;“Trust Fund” means the Victims of Human Trafficking Trust Fund established under section 11;“vessel” means a craft designed for transportation on water, such as a ship or boat;“victim” means a person who has suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental human rights, through acts that are in violation of this Act.Part II – The National Task Force on Human Trafficking
2. National Task Force on Human Trafficking
3. Functions of Task Force
4. Meetings of Task Force
5. Tasks Force Secretariat
6. Tenure of Executive Director
The Executive Director shall hold office for a term of 4 years and shall be eligible for reappointment for another term only.7. Funds of Task Force
The activities of the Task Force shall be financed by a fund consisting of—8. Accounts and audit
9. Financial year
The financial year of the Task Force shall be the same as the financial year of the Government.10. Annual report
Part III – Victims of Human Trafficking Trust Fund
11. Victims of Human Trafficking Trust Fund
Part IV – Offences of human trafficking
12. Human trafficking prohibited
13. Cross border trafficking for sex or labour exploitation prohibited
14. Child sexual exploitation in tourism, etc., prohibited
15. Fraudulent adoption, etc., prohibited
16. Unlawfully withholding identification document prohibited
Part V – Prosecution of human trafficking offences
17. Consent, of victim irrelevant
In a prosecution for an offence of human trafficking—18. Victim’s immunity
A victim of human trafficking is not liable for a criminal offence that was a direct result from being trafficked.19. Child prostitute as victim
A child who is engaged in commercial sex is, for the purposes of this Act, a victim of human trafficking under this Act.Part VI – Offences of migrant smuggling
20. Migrant smuggling prohibited
21. Aiding migrant smuggling prohibited
22. Transit of smuggled migrant prohibited
23. Harbouring non-citizen prohibited
Part VII – Judicial proceedings
24. Jurisdiction
A court in Sierra Leone shall have jurisdiction to try an offence under this Act where an act which constitutes the offence has been carried out—25. Indictment preferred without previous committal
An indictment relating to an offence under this Act shall be preferred without a previous committal for trial and it shall in all respects be deem to have been preferred pursuant to subsection (1) of section 136 of the Criminal Procedure Act, 1965 and shall be proceeded with accordingly.26. Offences by body of persons
27. Admissibility of electronic evidence
28. Attempt, aiding and abetting, etc.
An attempt or conspiracy to commit or aiding, abetting, counselling, commanding, or procuring the commission of an offence under this Act shall be punishable as if the offence had been completed.29. Extradition Act, 1974 to apply
A request for extradition of an offender under this Act shall be subject to the Extradition Act, 1974 (Act No. 11 of 1974) which shall be applied as if human trafficking or smuggling is an offence for which extradition may be granted.30. Property to be forfeited to the State
31. Defendant to pay restitution
32. Witness protection
33. Interfering with order or relevant document or material prohibited
34. Divulging information prohibited
Part VIII – Miscellaneous
35. Economic measures to prevent human trafficking
The Task Force shall, either alone or in conjunction with other persons or organisations, take measures that will enhance economic opportunity for potential victims of human trafficking including—36. Prevention orders
37. Regulations
The Minister may, by statutory instrument, make regulations to carry into effect the provisions of this Act.38. Repeal and savings
39. Transitional provision
History of this document
21 July 2022 this version
Published in Sierra Leone Gazette 51
Commenced
18 July 2022
Assented to