Mauritius
Combating of Trafficking in Persons Act
Act 2 of 2009
- Commenced on 30 July 2009
- [This is the version of this document at 30 June 2017.]
1. Short title
This Act may be cited as the Combating of Trafficking in Persons Act.2. Interpretation
In this Act—"Centre" means a Centre for victims of trafficking set up under section 4;"exploitation" includes—(a)all forms of slavery or practices similar to slavery, including forced marriage;(b)sexual exploitation;(c)forced labour; and(d)the illegal removal of body organs;"forced labour" means labour or services obtained or maintained through threats, the use of force, intimidation or other forms of coercion, or physical restraint;"inmate" means a person admitted to a Centre;"investigating officer" means—(a)a police officer; or(b)a public officer designated as such by the Minister for the purposes of this Act;"Minister" means the Minister to whom responsibility for the subject of home affairs is assigned;"sexual exploitation" means obtaining financial or other benefits through the involvement of another person in prostitution or in other kinds of sexual services, including pornographic acts or the production of pornographic materials, as a result of subjecting another person to one of the means listed in paragraph (a) of the definition of "trafficking";"slavery" means the exercise of any or all of the powers attaching to the right of ownership over a person;"trafficking" means—(a)the recruitment, sale, supply, procurement, capture, removal, transportation, transfer, harbouring or receipt of a person—(i)by the use of threat, force, intimidation, coercion, abduction, fraud, deception, abuse of power or abuse of a position of vulnerability; or(ii)by the giving or receiving of payments or benefits to obtain the consent of a person having control or authority over another person; or(b)the adoption of a person facilitated or secured through illegal means,for the purpose of exploitation;"United Nations Protocol" means the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons;"victim of trafficking" means a person who is a victim of the offence of trafficking in persons.3. Application of Act
This Act shall be in addition to, and not in derogation from, the Child Protection Act.4. Centres for victims of trafficking
5. Country of origin or destination
6. Suspension of deportation
7. Temporary residence
8. Repatriation of victims of trafficking
9. Return of victims of trafficking to Mauritius
Where a victim of trafficking is a citizen, or a permanent resident of Mauritius and is to be returned to Mauritius, the Minister shall—10. Legitimacy and validity of document
The Minister shall, at the request of another State which is a party to the United Nations Protocol or to any other agreement relating to trafficking in persons to which Mauritius is a party, verify within a reasonable time the legitimacy and validity of a travel or identity document issued or purported to have been issued by Mauritius and suspected of being used for the offence of trafficking.11. Trafficking in persons
12. Possession or concealment of document
Any person who, without good cause, has in his possession, destroys, confiscates, conceals or tampers with any actual or purported identification document, passport or other travel document of a victim of trafficking shall commit an offence.13. Reporting of trafficking
14. Penalties
15. Jurisdiction
16. Compensation to victim of trafficking
17. Payment of compensation
Where a person is ordered to pay compensation, the Court may in its discretion enforce the payment of compensation—18. Failure to pay compensation
19. Compensation to State
The Court may—20. Regulations
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History of this document
30 June 2017 this version
Consolidation
30 July 2009
Commenced