|
AN
ORDINANCE
to prevent and control human
trafficking
WHEREAS the offences relating to traffic in
human beings are incompatible with the dignity and worth of
human being and endanger the welfare of the individual, the
family and the community;
AND WHEREAS it is expedient and necessary to
provide effective measures to prevent offences related to human
trafficking and to protect and assist victims of such
trafficking;
AND WHEREAS the President
is satisfied that circumstances exist which render it necessary
to take immediate action;
NOW, THEREFORE, in
pursuance of the Proclamation of Emergency of the fourteenth day
of October, 1999, and the Provisional Constitution Order No. 1
of 1999, read with the Provisional Constitution (Amendment)
Order No. 9 of 1999, and in exercise of all powers enabling him
in that behalf, the President of the Islamic Republic of
Pakistan is pleased to make and promulgate the following
Ordinance: -
1. Short title,
extent and commencement.---(1) This Ordinance may be called the
Prevention and Control of Human Trafficking Ordinance, 2002.
(2) It extends to the whole of Pakistan.
(3) It shall come into force
at once
2.
Definition.---In this Ordinance, unless there is anything
repugnant in the subject or context, ---
(a) “benefit” includes monetary profit, proceeds
or payment in cash or in kind;
(b) “child” means any person who has not attained
the age of eighteen years;
(c) “Code” means the Code of Criminal Procedure,
1898 (Act V of 1898);
(d) “coercion” means the use of force, violence,
physical restraint, deception, fraud or acts or circumstances
not necessarily including physical force but calculated to have
the same effect, such as the credible threat of force or of
infliction of serious harm;
(e) “document” related to human trafficking
includes a passport, a travel documents and any identification
document used by law enforcement authorities;
(f) “exploitative entertainment” means all
activities in connection with human sports or sexual practices
or sex and related abusive practices;
(g) “Government” means the Federal Government;
(h) “human trafficking” means obtaining, securing,
selling, purchasing, recruiting, detaining, harbouring or
receiving a person, notwithstanding his implicit or explicit
consent, by the use of coercion, kidnapping, abduction, or by
giving or receiving any payment or benefit, or sharing or
receiving a share for such person’s subsequent transportation
out of or into Pakistan by any means whatsoever for any of the
purposes mentioned in section 3;
(i) “inhuman sports” include all sports
involving, as a matter of normal course, infliction of physical
or mental injury on a person against his will, intention or
reasonable expectation;
(j) “organized criminal group” means a structured
group of two or more persons, existing for a period of time and
acting in concert with the aim of committing any offence under
this Ordinance, in order to obtain, directly or indirectly, any
financial or other material benefit and includes a person
knowingly receiving or disbursing benefits accruing from the
commission of any offence in relation to human trafficking by an
organized criminal group; and
(k) “victim” means the person who is the subject of
or against whom any offence under this Ordinance has been
committed.
3.
Punishment for human trafficking. ---The human trafficking shall
be punishable as under: -
(i) Whoever knowingly plans or executes any such
plan for human trafficking into or out of Pakistan for the
purpose of attaining any benefit, or for the purpose of
exploitative entertainment, slavery or forced labour or adoption
in or out of Pakistan shall be punishable with imprisonment
which may extend to seven years and shall also be liable to
fine:
Provided
that in case of an accused who, in addition to committing an
offence as aforesaid has also been guilty of kidnapping or
abducting or any attempt thereto in connection with such
offence, the imprisonment may extend to ten years with fine:
Provided
further that whoever plans to commit an offence under this
clause but has not as yet executed the same shall be punishable
with a term of imprisonment, which may extend to five years and
shall also be liable to fine.
(ii) Whoever knowingly provides, obtains or employs
the labour or services of a person by coercion, scheme, plan or
method intended to make such person believe that in the event of
non-performance of such labour or service, he or any other
person may suffer from serious harm or physical restraint or
legal proceedings, shall be punishable with imprisonment which
may extend to seven years and shall also be liable to fine:
Provided that if the commission of
the offences under this clause involves kidnapping or abduction
or any attempt thereto, the term of imprisonment may extend to
ten years with fine:
Provided further
that payment of any remuneration in lieu of services or labour
of the victim shall not be treated as mitigating circumstance
while awarding the punishment.
(iii) Whoever knowingly purchases, sells, harbours,
transports, provides, detains or obtains a child or a woman
through coercion, kidnapping or abduction, or by giving or
receiving any benefit for trafficking him or her into or out of
Pakistan or with intention thereof, for the purpose of
exploitative entertainment by any person and has received or
expects to receive some benefit in lieu thereof shall be
punishable with imprisonment which may extend to ten years and
shall also be liable to fine:
Provided that if the commission of
the offence sunder this clause involves kidnapping or abduction
or any attempt thereto of the victim, the term of imprisonment
may extend to fourteen years with fine:
Provided further
that plea, if any, taken by the biological parents of the child
shall not prejudice the commission of offence under this clause.
(iv) Whoever knowingly takes, confiscates, possesses,
conceals, removes or destroys any document related to human
trafficking in furtherance of any offence committed under this
Ordinance or to prevent or restrict or attempt to prevent or
restrict, without lawful authority, a person’s liberty to move
or travel shall be punishable with imprisonment which may extend
to seven years and shall also be liable to fine.
4. Offences
committed by organized criminal groups. ---Where an organized
criminal group is guilty of any offence under clauses (i),(ii),(iii)
or (iv) of section 3, the term of imprisonment or each member of
such group involved in the commission of such offence shall not
be less than ten years imprisonment and may extend to fourteen
years where the purpose of trafficking of a victim is
exploitative entertainment and shall also be liable to fine.
5. Repetition of
commission of offences. --Whoever repeats the commission of an
offence under this Ordinance, the term of imprisonment may
extend to fourteen years and the off under shall also be liable
to fine.
6. Compensation
etc. to the victim. ---The court trying an offence under this
Ordinance may where appropriate direct:
(i) the competent authorities of the Government,
at any stage of the trial to allow or extend the stay of the
victim in Pakistan till such time, as the court deems necessary;
(ii) payment of compensation and expenses to the
victim in accordance with section 545 of the Code;
(iii) Government to make arrangements for the shelter,
food and medical treatment of victim being an unaccompanied
child or a destitute woman.
7. Proceedings
under the Ordinance to be in addition to and not in derogation
of any other law.—The proceedings under the Ordinance shall be
in addition to and not in derogation of any other proceedings
initiated under any other law for the time being in force.
8. Offences to be
cognizable etc.---All offences under the Ordinance shall be
cognizable, non bailable, and non-compoundable as construed by
the Code.
9. Investigation.
—Notwithstanding anything contained in the Code or any other law
for the time being in force, the investigation of the offences
under the Ordinance shall be carried out by only such persons or
agencies as are specially empowered by the Government in that
behalf.
10. Cognizance of
offences etc.--- No court inferior to that of a Magistrate of
the First Class shall try an offence punishable under this
Ordinance.
(2) Notwithstanding
anything contained in section 32 of the Code, it shall be lawful
for a Magistrate of the First Class to pass any sentence
authorized by this Ordinance.
11. Indemnity. —No
suit, prosecution or any other legal proceedings shall lie
against the Government or any other person exercising any power
or performing any function under this Ordinance or the rules
made thereunder for anything done in good faith.
12. Power to make
rules. —The Government may, by a notification in official
gazette, make rules to carry out the purposes of this Ordinance.
GENERAL
PERVEZ MUSHARRAF,
President.
Mr. JUSTICE
MANSOOR AHMED,
Secretary
PREVENTION AND CONTROL OF
HUMAN TRAFFICKING RULES, 2004.
Islamabad, 29 November 2004
S.R.O.970 (1)/2004_ In exercise of powers
conferred by section 12 of the Prevention and Control of Human
Trafficking Ordinance, 2002, (LIX of 2002), the Federal
Government is pleased to make the following rules, namely: -
1.
Short title and commencement – (1) These rules may
be called the Prevention and Control of Human Trafficking Rules,
2004.
2.
(2) They shall come into force at once.
2.
Definitions.- In these Rules, unless there is
anything repugnant in the subject or context.-
(a)
“court” means the court having jurisdiction to try the
offences under the Ordinance;
(b)
“Government” means the Federal Government.
(c)
“Non-Governmental Organizations” means the
Non-Governmental Organizations notified by the Government under
these rules from time to time;
(d)
“Ordinance” means the Prevent and Control of Human
Trafficking Ordinance 2002 (LIX of 2002); and
(e)
“victim” shall have the same meaning as defined in the
Ordinance.
(2) Words and
expression used but not defined in these rules shall have the
same meaning as in the Ordinance.
3.
Recording statement and custody of the victim.- (1) A victim
of an offence under the Ordinance, shall be produced before the
court for recording his statement under section 164 of the Code
of Criminal Procedure, 1998 (V of 1998), except where the victim
is unable, or otherwise not feasible for any reason to be
recorded in writing, to get his statement recorded.
(2) In
case the victim is an un-accompanied child or a destitute women,
the court before whom such victim is produced may pass an order
to keep him in a shelter home established by the Government or
by the Non-Government Organizations for accommodation, food and
medical treatment;
Provided that where the victim is not satisfied with the
Non-Governmental Organization to which his custody was given by
the court, he may apply to the court for alternate shelter.
(3)
The court may, for the welfare of the victim, hand over
the custody to any of his blood relation after requiring a bound
from the custodian for safe c custody of the victim and his
production before the court at the time and place mentioned in
the bond and shall continue to produce until other wise
directed.
4.
Establishment of shelter homes and security arrangements. –
The Government shall establish shelter homes for safe custody of
the victims and shall also make necessary security arrangement
for the protection of the victims in the shelter homes whether
established by the Government or the Non-Governmental
Organizations.
5.
Responsibilities of Non-Governmental Organizations.- (1) The
Non-Governmental Organizations to which the victims are handed
over, shall be responsible for proper shelter, food and medical
treatment at a notified place which shall be open to inspection
by an inspecting officer notified by the Government.
(2) In
case any Non-Governmental Organization is found involved in
maltreatment with the victim or fails to fulfill its
responsibilities of providing proper shelter, food and medical
treatment, its notification may e cancelled, after giving an
opportunity of being heard.
6.
Legal assistance to the victim.- (1) The Government shall
and the Non-Governmental Organizations may provide necessary
legal assistance to the victim during trial of the case and
other legal proceedings under the Ordinance.
(2) The Government shall allocate appropriate funds for
providing legal assistance to the victims.
7.
Recording evidence and repatriation of the victim.- (1)
Where a victim is not a citizen of Pakistan, the court shall
record the evidence of the victim at the earliest. If the victim
is no more required for the trial, the court may direct the
Government to facilitate such victim for this repatriation;
Provided that the victim whose presence is considered necessary
by the court for the trial of the case or his immediate
repatriation is not possible, shall be entitled to apply to the
National Alien Registration Authority for his temporary
registration as alien or for work permit.
(2) If the repatriation of the victim is decided, the
Government shall in consultation with the concerned Embassy or,
as the case may be, the High Commission of the country to which
the victim belongs, make necessary arrangements for its safe
return.
(3) The Non-Governmental Organizations may provide
assistance to the Government in the process of repatriation of
the victim.
(4) The Government shall establish special funds for
repatriation of the victim.
(4) The Government shall establish special funds for
preparation of the victim [Ministry of Interior
No.13/54/2002-FIA (PO)]
MRS. AMNA IMRAN KHAN
Deputy Secretary (FIA) |
