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 theMinister 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.
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11. Trafficking in persons
(1) (a) Any person who trafficks another person or allows another person to be trafficked shall commit an offence.
(b) It shall not be a defence to a charge under paragraph (a) that a person who is a victim of trafficking, or a person having control or authority over a minor who is a victim of trafficking, has consented to the act which was intended to constitute trafficking.
(2) Any person who knowingly –
(a) leases a room, house, building or establishment or subleases or allows it to be used, for the purpose of harbouring a victim of trafficking; or
(b) advertises, publishes, prints, broadcasts, distributes, or causes the advertisement, publication, broadcast or distribution of, information which suggests or alludes to trafficking by any means, including the use of the internet or other information technology, shall commit an offence.
(3) (a) Every internet service provider operating in Mauritius shall be under a duty to report to the Police forthwith any site on its server which contains information in contravention of subsection (2)(b).
(b) Any internet service provider who fails to comply with paragraph (a) shall commit an offence.
(4) Any person who knowingly benefits, financially or otherwise, from the services of a victim of trafficking or uses, or enables another person’s usage of, the services of a victim of trafficking shall commit an offence.
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14. Penalties
(1) Any person who commits an offence under section 11 shall, on conviction, be liable to penal servitude for a term not exceeding 15 years.
(2) Any person who commits an offence under section 12 shall, on conviction, be liable to imprisonment for a term not exceeding 5 years and to a fine not exceeding 100,000 rupees.
(3) The Community Service Order Act, Part X of the Criminal Procedure Act and the Probation of OffendersAct shall not apply to a person liable to be sentenced under subsection (1).
