Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015

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Trafficking in Persons (Prohibition) Enforcement and Administration Act
National Assembly of the Federal Republic of Nigeria
  • Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015
Citation
Territorial extent Nigeria
Enacted byNational Assembly of the Federal Republic of Nigeria
Enacted26th March, 2015
Bill citation
Amended by
2005 and 2015

The 2015 Trafficking in Persons (Prohibition) Enforcement and Administration Act is an act which was initially passed in 2003 and amended in 2005 and 2015 by the Federal Government of Nigeria. The act was established to provide welfare and support for trafficked persons while also announcing penalties for offenses related to human trafficking in Nigeria. The act led to the establishment of the National Agency for the Prohibition of Trafficking in Persons (NAPTIP). [1] [2]

Contents

Core Objective

The act was established with three main objectives of: [2]

  1. Providing an all-inclusive framework for the prohibition, prevention, detection, prosecution and punishment for human trafficking related offences in Nigeria;
  2. Protection of human trafficked victims; and
  3. Collaborate with national and International organizations to achieve objectives 1 and 2.

Content

The Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015 is a 23 page document published by the Federal Government of Nigeria. The act is divided into 12 parts (Part I - XII). They include: [2]

Part I- this part defines the objectives of the act as re-enacted in 2015. It identified three main objectives.

Part II- specifies the establishment of the National Agency for the Prohibition of Trafficking in Persons under the act. it further highlighted the functions and powers of the agency as well as the composition and tenure of office of members of the Governing board.

Part III- discusses the Prohibition of Acts of Trafficking in Persons.

Part IV- lists the different human trafficking related offences and their penalties. The offences include forced labour, procurement of persons for sexual exploitation, slave dealing and trafficking in slaves, conspiracy, aiding and abetting of escape of offenders amongst others. [3]

Part V- indicates the jurisdiction to try Offences under this Act.

Part VI- explains the financial provision for the agency (National Agency for the Prohibition of Trafficking in Persons). it also explains the condition for the receipt of gifts as well as for borrowing. 

Part VII- discusses issues relating to Search, arrest and Seizure. it also addresses issuance of warrant for investigation and protection of informants.

Part VIII- explains the issues surrounding the attachments and forfeiture of assets (of offenders).

Part IX- focuses on the treatment of trafficked persons, including establishment of transit shelter and right to compensation.

Part X- indicates the establishment of Victims of Trafficking Trust Fund and the Trust Fund Committee.

Part XI- addresses the mutual legal assistance, exchange of information and extradition.

Part XII- explains other miscellaneous issues of the act.

Implementation

The act was implemented by the Federal Government of Nigeria under the administration of the country`s former president, President Goodluck Jonathan, [3] as part of Nigeria`s obligation for being a signatory to the Trafficking in Persons Protocol. [1]

NAPTIP Interventions

Since its establishment in 2003, NAPTIP have been involved in human trafficking and human rights violation interventions in Nigeria. [4] In 2020, the agency rescued 108 trafficked Nigerians from Mali, while a total of 18 trafficked victims were recued in 2021. [5]

See also

Related Research Articles

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<span class="mw-page-title-main">Human trafficking in Australia</span>

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Human trafficking in Canada is prohibited by law, and is considered a criminal offence whether it occurs entirely within Canada or involves the "transporting of persons across Canadian borders. Public Safety Canada (PSC) defines human trafficking as "the recruitment, transportation, harbouring and/or exercising control, direction or influence over the movements of a person in order to exploit that person, typically through sexual exploitation or forced labour. It is often described as a modern form of slavery."

Bangladesh is a source and transit country for men, women, and children subjected to trafficking in persons, specifically forced labor and forced prostitution. A significant share of Bangladesh's trafficking victims are men recruited for work overseas with fraudulent employment offers who are subsequently exploited under conditions of forced labor or debt bondage. It also includes the trafficking of children – both boys and girls – within Bangladesh for commercial sexual exploitation, bonded labor, and forced labor. Some children are sold into bondage by their parents, while others are induced into labor or commercial sexual exploitation through fraud and physical coercion. Women and children from Bangladesh are also trafficked to India for commercial sexual exploitation.

Barbados is a source and destination country for men, women, and children subjected to trafficking in persons, specifically forced prostitution and forced labor. Some children in Barbados are subjected to commercial sexual exploitation in “transactional sex” wherein a third party such as a parent receives a benefit from the child’s participation in sexual activity. Researchers identified patterns of transactional sex within families, most often by adult male caretakers such as step-fathers, as well as child prostitution outside the home. Women from the Dominican Republic, Guyana, and Jamaica voluntarily enter Barbados as illegal migrants, and some expect to engage in prostitution. Some of these women are exploited in forced prostitution subsequent to their arrival. Some other foreign women who entered the country illegally are exploited in involuntary domestic servitude in private homes. Foreign men have been transported to Barbados for the purpose of labor exploitation in construction and other sectors. Sex traffickers, primarily organized criminals from Guyana, form partnerships with pimps and brothel owners from Trinidad and Tobago and Barbados, and lure women to Barbados with offers of legitimate work. Trafficking victims tend to enter the country through legal means, usually by air; traffickers later use force and coercion to obtain and maintain the victims’ work in strip clubs, massage parlors, some private residences, and “entertainment clubs” which operate as brothels. Traffickers use methods such as threats of physical harm or deportation, debt bondage, false contracts, psychological abuse, and confinement to force victims to work in construction, the garment industry, agriculture, or private households.

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References

  1. 1 2 "Trafficking in Persons (Prohibition) Enforcement and Administration Act". LII / Legal Information Institute. Retrieved 2022-03-30.
  2. 1 2 3 Federal Republic of Nigeria Official Gazette (2015). Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015 (PDF). Federal Government of Nigeria. p. 23.
  3. 1 2 Odunsi, Wale (2015-04-10). "Employ domestic help under 12 years, go to jail - FG warns". Daily Post Nigeria. Retrieved 2022-03-30.
  4. "Trafficking in Persons Report 2010 Country Narratives -- Countries N Through Z". 2010-06-17. Archived from the original on 17 June 2010. Retrieved 2022-03-30.
  5. "NAPTIP: We've rehabilitated over 17,000 trafficked victims since 2003". TheCable. 2022-03-10. Retrieved 2022-03-30.