In exercise of the powers conferred on the Minister
responsible for Manpower, Youth and Employment by section 174 of the Labour Act, 2003 (Act 651) these regulations are made this 28th day of May 2007.
Restriction on recruitment
Restriction on recruitment of children and trafficked person
21, (1) An employer shall not employ a person under the age of eighteen years as a worker for work to be performed wholly or in part outside the country where the performance of the work is likely to cause the withdrawal of the person from the community or area in which that person normally lives.
(2) An employer shall not employ a trafficked person or a victim of
trafficking as defined by the Human Trafficking Act, 2005 (Act 694).
Definition of human trafficking
22. (1) Human trafficking means the recruitment, transportation, transfer, harbouring, trading or receipt of persons within and across national borders by
(a) the use of threats, force or other forms of coercion, abduction, fraud, deception, the abuse of power or exploitation of vulnerability,
(b) giving or receiving payments and benefits to achieve consent.
(2) Exploitation includes at the minimum, induced prostitution and other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
(3) Placement of sale, bonded placement, temporary placement, placement as service where exploitation by someone else is the motivating factor constitutes trafficking.
Consent not a defence.
23.Where children are trafficked, the consent of the child, parent or guardian of the child cannot be used as a defence in prosecution under Act 694 regardless of whether or not there is evidence of abuse of power, fraud or deception on the part of the trafficker or whether the vulnerability of the child was taken advantage of.
Prohibition of trafficking
24. (1) A person shall not traffic another person within the meaning of section 1 of Act 694 as an intermediary for the trafficking of a person.
(2) A person who contravenes sub-regulation (1) commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years.
(3) for purposes of this regulation, an intermediary is someone who participates in or is concerned with any aspect of trafficking under Act 694 who may or may not be known to the family of the trafficked person.
(4} To be concerned with an aspect of trafficking means
(a) to send to, take to, consent to the taking to or to receive at any place any person for the purposes of trafficking, or (b} to enter into an agreement whether written or oral, to subject any party to the agreement or subject any other person to trafficking.
