Human traffickers face minimum three years in jail

Human traffickers in the East African Community (EAC) are to be sentenced to a minimum of three years in jail if the EAC Anti-Trafficking in Persons Bill, 2016 passed by the regional assembly is assented to by member heads-of-state.

The Bill passed by the East African Legislative Assembly (EALA)in Zanzibar on Tuesday provides for a legal framework for the prevention of trafficking in persons and prosecution of perpetrators of trafficking in persons.

It also provides for protection mechanisms and services for victims of trafficking in persons and development of partnerships for co-operation to counter trafficking in persons in the region.

 In the event that all heads-of-state assent to the Bill, it shall become an Act of the Community, taking precedence over the laws of the partner states on the same matter, a statement issued by Senior Public Relations Officer, Bobi Odiko said.

Uganda's representative at EALA Mukasa Mbidde explained that they are giving "a minimum of three years for a trafficker but sentencing procedures shall remain a preserve of partner states".

He further explained that they had looked at the Ugandan law on human trafficking and found out that it is in harmony with what the assembly has suggested.

In EALA, the Bill was moved by Uganda's representative Dora Byamukama and prior to its passing the Assembly constituted itself into a Committee of the whole House and digested the Bill clause by clause, incorporating the amendments, Odiko said.

The debate on the piece of legislation was preceded by the tabling and presentation of the Report of the Committee on Legal Rules and Privileges on the EAC Anti-Trafficking in Persons Bill, 2016.   The report presented by EALA member Maryam Ussi followed public hearings on the subject matter held in the partner states in September 2016.

The report, among other things, notes that the crime of trafficking in persons is prevalent in all EAC nations.

During the public hearings and interactions in the partner states, a number of comments were picked from stakeholders to boost the Bill. In Burundi, the legislators were told that parents should be encouraged to take measures towards keeping their children within the family set-ups, while respective embassies and missions abroad should be tasked with liberating and repartriating victims found within their respective stations of duty, the statement by Odiko said.

In Kenya, the stakeholders told EALA legislators to ensure the Bill tightens laws against employment agents who sometimes engage in recruiting people for trafficking.

In Tanzania, EALA members were tasked to ensure the Bill provides for the protection of People With Disabilities (PWDs) and for the protection of witnesses. They further called on the law to criminalize perpetuators, promoters and facilitators of the offence.

While in Rwanda, legislators were urged to ensure the Bill provides a provision for return of a trafficked person from the hosting partner state. This, they suggest, should be preceded by a risk assessment and with due regard for his or her safety to the home country.

The committee also noted that member states have specific laws on counter-trafficking in persons and which are in tandem with the UN Protocol.

However, the penalties for offences under the laws of partner states differ from one jurisdiction to another. Rwanda is yet to enact a specific law on counter-trafficking in persons even though, offences and penalties for trafficking in persons are provided for under the Penal Code, the statement said.

Chris Opoka (Uganda) said the enactment of the Bill was timely. 

He said women and children who are vulnerable continue to be trafficked largely for sale of their body-parts. "This ritual must be condemned and discontinued."