The Tribune

By KHRISNA VIRGIL

Deputy Chief Reporter

kvirgil@tribunemedia.net

THE House of Assembly yesterday moved the second reading of an amendment to the Trafficking in Persons Prevention and Suppression Act 2008 to bring the legislation in line with the current standards of the United Nations.

According to Minister of Foreign Affairs and Immigration Fred Mitchell, the change to the act will also ensure that all involved in related offences are punishable by the law.

Parliament enacted the Trafficking in Persons (TIP) Act in 2008 in response to the rise in trafficking in persons who were subject to modern day slavery tactics.

Mr Mitchell said: “The reason that that act was passed was an effort to ensure that the Bahamas remained compliant with international norms and efforts to combat activity which exploited persons for material gain and preyed on persons seeking to improve their circumstances.

“This is important for us and something, which up to that point, people did not appreciate.

“What you often hear is described in other countries as modern day slavery. So even though in this country slavery was abolished in 1834, there is no form of slavery in the sense that we understood it.

“There is a modern form of slavery where men and women are trafficked, brought into a country, kept in servitude and their travel documents withheld and women are often put in positions where they engage in prostitution under duress and it is this activity - and children are also vulnerable to this to be in labour against their will and taken away from their parents - so this was the activity that this act was designed to criminalise and the fear is still that it can exist in plain sight.

“So a woman could be working for example in someone’s home and everything appears to be quite normal, but that woman or man is not receiving a proper salary, documents are withheld, hours of work are beyond what is allowed by law and they are shut off from their family and friends. So the trafficking in persons act was passed to distinguish from the business of smuggling, which is moving people in to countries across borders for a price.

“But these people are essentially free to do what they want to. That is not what trafficking of persons is designed to deal with.”

Section three of the TIP Act, Mr Mitchell said, is to be amended.

“By the insertion immediately after the existing words ‘or attempts to engage in’ with the words ‘organises engagement in or directing another person to engage in’ so when the section is amended the act will read as follows ‘whoever engages in or conspires to engage in or attempts to engage in organises engagement in or directing another person to engage in’ that’s the new active part ‘or assists in or otherwise facilitates another person to engage in trafficking persons shall on conviction’ and then the penalties follow.”

“The amendment to section three of the TIP Act is in keeping with article five paragraph two of the United Nations protocol to prevent suppress and punish trafficking in persons especially women and children supplementing the convention against transnational organised crime,” Mr Mitchell said.

“So what it ends up being is at all stages of the physical aspects of this crime and mental aspects of this crime at all stages of it the law it is now covered so those who are actually doing the act and those who are encouraging the act and those who are organising the act and those who are directing the act (are punishable). So everybody will be covered.”

The Bahamas ratified the UN protocol on September 26, 2008.