Database of Legislation

61. The Agency shall ensure that-
(a) a trafficked person is not subjected to discriminatory treatment on account of race,
colour, gender, sex, age, language, religion, political or other opinion, cultural beliefs
or practices, national, ethnic or social origin, property, birth or other status, including
his status as a victim of trafficking or having worked in the sex industry;
(b) a trafficked person has access to adequate health and other social services during
the period of temporary residence;
(c) a trafficked person has access to the embassy or consulate of the country of which
he is a citizen or where there is no embassy or consulate, have access to the diplomatic
representative of the State that takes charge of the country’s interest or any national to
protect him;
(d) a trafficked person is able to return home safely, if he wishes and when he is able to
do so;
(e) a trafficked person is not denied temporary residence visas during the pendency of
any criminal, civil or other legal actions;
(f) investigation, detection, gathering and interpretation of evidence are conducted in
such a manner as to minimize intrusion into the personal history of a trafficked person;
(g) the identity of a person trafficked is protected;
(h) the use of any person’s history of being trafficked to discriminate or cause harm to
such person, his family or his friends in any way whatsoever, particularly with regards
to freedom of movement, marriage or search for gainful employment is prohibited;
(i) it takes steps to maintain and rehabilitate facilities provided for trafficked persons;
and
(j) a trafficked person and his family are protected from intimidation, threats, and
reprisals from traffickers and their associates including reprisals from persons in
position of authority.

62. Where the circumstances so justify, trafficked persons shall not be detained or prosecuted for offences relating to being a victim of trafficking, including non-possession of valid travel document, use of a false travel or other document.

63. A victim of trafficking in person shall be provided with:
(a) information on relevant Court and administrative proceedings;
(b) assistance to enable the victim’s views and concerns to be presented and
considered at appropriate stages of criminal proceedings against the traffickers; and
(c) counselling and information as regards victim’s legal rights in a language that the
victim can understand.

64. (1) There shall be established for the Agency Transit Shelters which shall be managed and supervised as homes to cater for rescued trafficked persons particularly women and children.

(2) The Transit Shelters shall be run by staff of the Agency with the aim of providing
protection, assistance, counselling, rehabilitation and training for the rescued victims to facilitate their reintegration into the society.

65. (1) A trafficked person, irrespective of his immigration status is entitled to compensation, restitution and recovery for economic, physical and psychological damages which shall be assessed and paid out of forfeited assets of the convicted trafficker.

(2) Where an offender is convicted of an offence under this Act, the Court may order the
offender to pay compensation to the victim, in addition to any other punishment ordered by the Court.

(3) Notwithstanding any other provision of this Act, a trafficked person has the right to
institute civil action against a trafficker and any other person including a public officer who may have exploited or abused his person provided that the amount awarded by the Criminal Court shall be taken into consideration in the determination of the amount of compensation to be awarded in the civil suit.

66. The President may by order published in the Gazette extend the provisions of the -
(a) Mutual Assistance in Criminal Matters within the Commonwealth (Enhancement
and Enforcement) Act; and
(b) Transfer of Convicted Offenders (Enhancement and Enforcement) Act, to apply to any country outside the Commonwealth and accordingly the provisions of the Acts mentioned in paragraphs (a) and (b) of this section shall have effect in their application to this Act.