B Y M I C H A E L W A M A S E B U A S S I S T A N T D P P UGANDA LAW OF HUMAN TRAFFICKING AND CHALLENGS OF PROSECUTING TIP CASES 7/30/2022 ENFORCEMENT OF TIP LAW IN UGANDA 1 PROBLEM STATEMENT 7/30/2022 ENFORCEMENT OF TIP LAW IN UGANDA 2 Uganda like the rest of the countries in the region and the world, is experiencing a serious problem of human trafficking. The push factors are poverty, unemployment, wars and population growth. The pull factors are demand for cheap labour, domestic servitude , globalisation and rural urban migration patterns and sheer human greed. Other factors include insufficient and weak TIP legal regime, non enforcement of laws and lack of a well coordinated national and regional response. INTRODUCTION The Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the UN Convention against Transnational Crime came into force on 25 th December 2003. Uganda became a signatory and subsequently ratified the protocol. In 2009 Uganda enacted the PTIPA 7/30/2022 ENFORCEMENT OF TIP LAW IN UGANDA 3 PURPOSE OF THE ACT By its long title, the Act sought to; “ Provide for the Prohibition of trafficking in persons, creation of offences, Prosecution and Punishment of offenders, Prevention of the vice of trafficking in persons, Protecting of victims of trafficking in persons and related matters” In other words, the Act prescribes the 3P paradigm in addressing the vice of human trafficking. 7/30/2022 ENFORCEMENT OF TIP LAW IN UGANDA 4 IMPORTANT INTERPRETATIONS “child” means person below 18 years “trafficking in persons” means the recruitment, transportation, transfer, harbouring or receipt of persons, by means of threat or use of force or other forms of coercion, of abduction, fraud, of deception, of the abuse of power or position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. 7/30/2022 ENFORCEMENT OF TIP LAW IN UGANDA 5 CONSENT OF THE VICTIM IS IMMATERIAL Under S.3(4) the consent of the victim is immaterial to criminal responsibility of the offender. 7/30/2022 ENFORCEMENT OF TIP LAW IN UGANDA 6 TRAFFICKING OFFENCES S.3(1) creates the offence of Trafficking in persons. The offence includes; (a)Recruiting, hiring, transferring , harbouring etc of a person by means of threats, use of force, fraud etc for the purpose of exploitation. (b) Recruits, hiring, (all the vices specified in (1) above for the purpose of engaging that person in prostitution, pornography, sexual exploitation, forced labour, slavery, involuntary servitude, death bondage, forced or arranged marriage. 7/30/2022 ENFORCEMENT OF TIP LAW IN UGANDA 7 PUNISHMENT FOR TRAFFICKING SS.3(1)(a) and 3(1)(b) offences carry upon conviction, a maximum sentence of 15 years imprisonment. This applies to natural persons. S.3 (2) provides a punishment upon conviction of a legal person, of a monetary fine of one thousand currency points (twenty million Ug shs ) ie 5000 USD. 7/30/2022 ENFORCEMENT OF TIP LAW IN UGANDA 8 AGGRAVATED TRAFFICKING S. 4 creates the offence of “aggravated Trafficking in persons”. This is where for example ; The victim is a child Adoption, guardianship, fostering and other orders in relation to children is undertaken for the purpose of exploitation. The offence is committed by a syndicate. The offence is committed by a close relative. The victim dies, becomes of unsound mind or is infected with HIV/AIDS or other life threatening disease. 7/30/2022 ENFORCEMENT OF TIP LAW IN UGANDA 9 OTHER OFFENCES Trafficking in children Engaging the labour or services of a trafficked victim (S.6) – carries ten years upon conviction. Promoting trafficking in persons (S.7) – upon conviction carries a fine of not exceeding 120 C/P or imprisonment for five years. 7/30/2022 ENFORCEMENT OF TIP LAW IN UGANDA 10 ANCILLIARY OFFENCES S.8 criminalises and punishes persons who commit offences that aid or abet trafficking in persons such as; Attempts Conspiracies Etc which upon conviction, carry a sentence of imprisonment of five years or a fine of 120 C/P. 7/30/2022 ENFORCEMENT OF TIP LAW IN UGANDA 11 PROTECTION MEASURES S.11 provides for the protection, assistance and support to victims of trafficking in a way that is not discriminatory on the basis of religion, belief, age, family status, culture, language, nationality or gender. Failure to adhere to the above provision exposes the offender to a fine of five hundred C/P or imprisonment for six months. 7/30/2022 ENFORCEMENT OF TIP LAW IN UGANDA 12 PROTECTION MEASURES (ctd) S.12 protects the victim from penalisation for any offence committed as a result of his or her being trafficked and the views of the victim have to be taken into account in the course of prosecuting a trafficking offence. The victim is also entitled under S.12 to medical treatment, counselling and psycho social support etc. 7/30/2022 ENFORCEMENT OF TIP LAW IN UGANDA 13 PROTECTION OF VICTIMS DURING PROSECUTION S.13 provides for special considerations for victims of trafficking during trial. These include; Confidentiality In camera trials Non publicity of trial in any media save with victim’s permission 7/30/2022 ENFORCEMENT OF TIP LAW IN UGANDA 14 PROTECTIVE MEASURES S. 14 repatriation of victims to and from Uganda Restitution S.15 provides for restitution to the victim of costs for treatment, rehabilitation, reintegration in society, to be paid by the offender. S.16 provides for compensation of the victim for physical injury, emotional distress, pain and suffering etc by the offender. 7/30/2022 ENFORCEMENT OF TIP LAW IN UGANDA 15 PREVENTION OF TRAFFICKING IN PERSONS OFFICE S.21 provides for the creation of the above office by the minister to administer matters related to trafficking in persons, including keeping statistics, carrying out advocacy, training, and consultative work. In Uganda Gvt is in the process formulating of regulations to give effect to this provision of the Act. In the meantime an administrative coordinating department has been set up in the interior ministry to take charge of the functions of the office as a competent authority. 7/30/2022 ENFORCEMENT OF TIP LAW IN UGANDA 16 NATIONAL MULTI AGENCY TASK FORCE 7/30/2022 ENFORCEMENT OF TIP LAW IN UGANDA 17 Besides the coordination office, the Gvt has also put in place a multi agency task force to advise it on all matters related to human trafficking. The agencies inter alia include; O/DPP POLICE O/PM ISO ESO MOF/A MOLG REPS OF NGOs etc CHALLENGES IN PROSECUTION OF TIP CASES Absence of specialised training for investigators, prosecutors and judicial officials leads to poor investigations, prosecutions and adjudication of human trafficking cases. Absence of specialised courts means victims confidentiality is sometimes compromised in the course of trials. Fear of reprisals by relatives or persons in authority over victims makes them fear testifying against offenders. Absence of witness protection 7/30/2022 ENFORCEMENT OF TIP LAW IN UGANDA 18