Division 6 — Trafficking in Persons and Children
Definitions
111. In this Division—
“confiscate”, in relation to a person’s travel or identity document, means to take possession of the document, whether permanently or otherwise, to the exclusion of the person, or to destroy the document.
“deceive” means mislead as to fact (including the intention of any person) or as to law, by words or other conduct.
“threat” means—
(a) a threat of force; or
(b) a threat to cause a person’s removal from Fiji; or
(c) a threat of any other detrimental action -
unless there are reasonable grounds for the threat of that action.
Offence of trafficking in persons
112.—(1) A person (the first person) commits an indictable offence of trafficking in persons if—
(a) the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Fiji; and
(b) the first person uses force or threats; and
(c) that use of force or threats results in the first person obtaining the other person’s compliance in respect of that entry or proposed entry or in respect of that receipt.
Penalty — Imprisonment for 12 years.
(2) A person (the first person) commits an indictable offence of trafficking in persons if—
(a) the first person organises or facilitates the exit or proposed exit of another person from Fiji; and
(b) the first person uses force or threats; and
(c) that use of force or threats results in the first person obtaining the other person’s compliance in respect of that exit or proposed exit.
Penalty — Imprisonment for 12 years.
(3) A person (the first person) commits an indictable offence of trafficking in persons if—
(a) the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Fiji; and
(b) in organising or facilitating that entry or proposed entry, or that receipt, the first person is reckless as to whether the other person will be exploited, either by the first person or another, after that entry or receipt.
Penalty — Imprisonment for 12 years.
(4) A person (the first person) commits an indictable offence of trafficking in persons if—
(a) the first person organises or facilitates the exit or proposed exit of another person from Fiji; and (b) in organising or facilitating that exit or proposed exit, the first person is reckless as to whether the other person will be exploited, either by the first person or another, after that exit.
Penalty — Imprisonment for 12 years.
(5) A person (the first person) commits an indictable offence of trafficking in persons if—
(a) the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Fiji; and
(b) the first person deceives the other person about the fact that the other person’s entry or proposed entry, the other person’s receipt or any arrangements for the other person’s stay in Fiji, will involve the provision by the other person of sexual services or will involve the other person’s exploitation or debt bondage or the confiscation of the other person’s travel or identity documents.
Penalty — Imprisonment for 12 years.
(6) A person (the first person) commits an indictable offence of trafficking in persons if—
(a) the first person organises or facilitates the exit or proposed exit of another person from Fiji; and
(b) the first person deceives the other person about the fact that the other person’s exit or proposed exit is for purposes that involve the provision by the other person of sexual services outside Fiji or will involve the other person’s exploitation or debt bondage or the confiscation of the other person’s travel or identity documents.
Penalty — Imprisonment for 12 years.
(7) A person (the first person) commits an offence of trafficking in persons if—
(a) the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Fiji; and
(b) there is an arrangement for the other person to provide sexual services in Fiji; and
(c) the first person deceives the other person about any of the following:
(i) the nature of the sexual services to be provided;
(ii) the extent to which the other person will be free to leave the place or area where the other person provides sexual services;
(iii) the extent to which the other person will be free to cease providing sexual services;
(iv) the extent to which the other person will be free to leave his or her place of residence;
(v) if there is a debt owed or claimed to be owed by the other person in connection with the arrangement for the other person to provide sexual services—the quantum, or the existence, of the debt owed or claimed to be owed.
Penalty — Imprisonment for 12 years.
(8) A person (the first person) commits an indictable offence of trafficking in persons if—
(a) the first person organises or facilitates the exit or proposed exit of another person from Fiji; and
(b) there is an arrangement for the other person to provide sexual services outside Fiji; and
(c) the first person deceives the other person about any of the following:
(i) the nature of the sexual services to be provided;
(ii) the extent to which the other person will be free to leave the place or area where the other person provides sexual services;
(iii) the extent to which the other person will be free to cease providing sexual services;
(iv) the extent to which the other person will be free to leave his or her place of residence;
(v) if there is a debt owed or claimed to be owed by the other person in connection with the arrangement for the other person to provide sexual services - the quantum, or the existence, of the debt owed or claimed to be owed.
Penalty -Imprisonment for 12 years.
(9) Absolute liability applies to sub-sections (1)(c) and (2)(c).
Aggravated offence of trafficking in persons
113.—(1) A person (the first person) commits an aggravated offence of trafficking in persons if the first person commits the offence of trafficking in persons in relation to another person (the victim) and any of the following applies—
(a) the first person commits the offence intending that the victim will be exploited, either by the first person or another:
(i) if the offence of trafficking in persons is an offence against sub-section 112(1), (3), (5) or (7)
- after entry into Fiji; and
(ii) if the offence of trafficking in persons is an offence against sub-section 112(2), (4), (6) or (8)
- after exit from Fiji;
(b) the first person, in committing the offence, subjects the victim to cruel, inhuman or degrading treatment;
(c) the first person, in committing the offence—
(i) engages in conduct that gives rise to a danger of death or serious harm to the victim; and
(ii) is reckless as to that danger.
Penalty — Imprisonment for 20 years.
(2) If, on a trial for an offence against this section, the court is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that he or she is guilty of an offence against section 115, it may find the defendant not guilty of the aggravated offence but guilty of an offence against that section.
Offence of trafficking in children
114.—(1) A person (the first person) commits an indictable offence of trafficking in children if—
(a) the first person organises or facilitates the entry or proposed entry into Fiji, or the receipt in Fiji, of another person; and
(b) the other person is under the age of 18; and
(c) in organising or facilitating that entry or proposed entry, or that receipt, the first person -
(i) intends that the other person will be used to provide sexual services or will be otherwise exploited, either by the first person or another, after that entry or receipt; or
(ii) is reckless as to whether the other person will be used to provide sexual services or will be otherwise exploited, either by the first person or another, after that entry or receipt.
Penalty — Imprisonment for 25 years.
(2) A person (the first person) commits an indictable offence of trafficking in children if —
(a) the first person organises or facilitates the exit or proposed exit from Fiji of another person; and
(b) the other person is under the age of 18; and
(c) in organising or facilitating that exit or proposed exit, the first person:
(i) intends that the other person will be used to provide sexual services or will be otherwise exploited, either by the first person or another, after that exit; or
(ii) is reckless as to whether the other person will be used to provide sexual services or will be otherwise exploited, either by the first person or another, after that exit.
Penalty — Imprisonment for 25 years.
(3) In this section—
“sexual service” means the use or display of the body of the person providing the service for the sexual gratification of others.
Offence of domestic trafficking in persons
115.—(1) A person (the first person) commits an indictable offence of domestic trafficking in persons if—
(a) the first person organises or facilitates the transportation or proposed transportation of another person from one place in Fiji to another place in Fiji; and
(b) the first person uses force or threats; and
(c) that use of force or threats results in the first person obtaining the other person’s compliance in respect of that transportation or proposed transportation.
Penalty — Imprisonment for 12 years.
(2) A person (the first person) commits an indictable offence of domestic trafficking in persons if—
(a) the first person organises or facilitates the transportation or proposed transportation of another person from one place in Fiji to another place in Fiji; and
(b) in organising or facilitating that transportation or proposed transportation, the first person is reckless as to whether the other person will be exploited, either by the first person or another, after that transportation.
Penalty — Imprisonment for 12 years.
(3) A person (the first person) commits an indictable offence of domestic trafficking in persons if—
(a) the first person organises or facilitates the transportation of another person from one place in Fiji to another place in Fiji; and
(b) the first person deceives the other person about the fact that the transportation, or any arrangements the first person has made for the other person following the transportation, will involve the provision by the other person of sexual services or will involve the other person’s exploitation or debt bondage or the confiscation of the other person’s travel or identity documents.
Penalty — Imprisonment for 12 years.
(4) A person (the first person) commits an indictable offence of domestic trafficking in persons if—
(a) the first person organises or facilitates the transportation of another person from one place in Fiji to another place in Fiji; and
(b) there is an arrangement for the other person to provide sexual services; and
(c) the first person deceives the other person about any of the following—
(i) the nature of the sexual services to be provided;
(ii) the extent to which the other person will be free to leave the place or area where the other person provides sexual services;
(iii) the extent to which the other person will be free to cease providing sexual services;
(iv) the extent to which the other person will be free to leave his or her place of residence;
(v) if there is a debt owed or claimed to be owed by the other person in connection with the arrangement for the other person to provide sexual services—the quantum, or the existence, of the debt owed or claimed to be owed.
Penalty — Imprisonment for 12 years.
Aggravated offence of domestic trafficking in persons
116.—(1) A person (the first person) commits an aggravated offence of domestic trafficking in persons if the first person commits the offence of domestic trafficking in persons in relation to another person (the victim) and any of the following applies—
(a) the first person commits the offence intending that the victim will be exploited, either by the first person or by another, after arrival at the place to which the person has been transported;
(b) the first person, in committing the offence, subjects the victim to cruel, inhuman or degrading treatment;
(c) the first person, in committing the offence—
(i) engages in conduct that gives rise to a danger of death or serious harm to the victim; and
(ii) is reckless as to that danger.
Penalty — Imprisonment for 20 years.
(2) The offence in sub-section (1) is an indictable offence.
(3) If, on a trial for an offence against this section, the court is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that he or she is guilty of an offence against section 115, it may find the defendant not guilty of the aggravated offence, but guilty of an offence against that section.
Offence of domestic trafficking in children
117.—(1) A person commits an indictable offence of domestic trafficking in children if—
(a) the first‑mentioned person organises or facilitates the transportation of another person from one place in Fiji to another place in Fiji; and
(b) the other person is under the age of 18; and
(c) in organising or facilitating that transportation, the first‑mentioned person:
(i) intends that the other person will be used to provide sexual services or will be otherwise exploited, either by the first‑mentioned person or another, during or following the transportation to that other place; or
(ii) is reckless as to whether the other person will be used to provide sexual services or will be otherwise exploited, either by the first‑mentioned person or another, during or following the transportation to that other place.
Penalty — Imprisonment for 25 years.
(2) In this section—
“sexual service” means the use or display of the body of the person providing the service for the sexual gratification of others.
Offence of debt bondage
118.—(1) A person commits a summary offence of debt bondage if—
(a) the person engages in conduct that causes another person to enter into debt bondage; and
(b) the person intends to cause the other person to enter into debt bondage.
Penalty — Imprisonment for 12 months.
(2) In determining, for the purposes of any proceedings for an offence against sub-section (1), whether a person (the first person) has caused another person (the second person) to enter into debt bondage, a court may have regard to any of the following matters—
(a) the economic relationship between the first person and the second person;
(b) the terms of any written or oral contract or agreement between the second person and another person (whether or not the first person);
(c) the personal circumstances of the second person, including but not limited to—
(i) whether the second person is lawfully entitled to be in Fiji; and
(ii) the second person’s ability to speak, write and understand English or the language in which the deception or inducement occurred; and
(iii) the extent of the second person’s social and physical dependence on the first person.
(3) Sub-section (2) does not—
(a) prevent the leading of any other evidence in proceedings for an offence against sub-section (1); or
(b) limit the manner in which evidence may be adduced or the admissibility of evidence.
Offence of aggravated debt bondage
119.—(1) A person commits an offence of aggravated debt bondage if the person commits an offence of debt bondage in relation to another person (the victim) and the victim is under 18.
Penalty — Imprisonment for 2 years.
(2) In order to prove an offence of aggravated debt bondage, the prosecution must prove that the defendant intended to commit, or was reckless as to committing, the offence against a person under that age.
(3) If, on a trial for an offence against this section, the court is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that he or she is guilty of an offence against section 118, it may find the defendant not guilty of the aggravated offence but guilty of an offence against that section.
Extended jurisdiction for some offences against this Division
120. A person commits an offence against sections 112 – 114 (inclusive) and sections 118-119—
(a) whether or not the conduct constituting the alleged offence occurs in Fiji; and
(b) whether or not a result of the conduct constituting the alleged offence occurs in Fiji.
Double jeopardy
121. If a person has been convicted or acquitted in a country outside Fiji of an offence against the law of that country in respect of any conduct, the person cannot be convicted of an offence against this Division in respect of that conduct.
