Trafficking in persons
  • Offences

    • • Trafficking in persons (adults)
      • Trafficking in children (under 18 years)
  • Protection Of Victims

    • • Decriminalization

Vanuatu

Counter Terrorism and Transnational Organised Crime Act

 Article 34-38

UNTOC Articles

  • Organized Crime Convention

  • Trafficking in Persons Protocol

  • Any Article
  • Smuggling of Migrants Protocol

  • Firearms Protocol

    Original Text

    Division 1 – People Trafficking

    Offence of trafficking in persons

    34. (1) A person must not engage in trafficking in a person or be involved in the arranging of trafficking in a person, knowing that the person’s entry into Vanuatu or any other state is or was arranged by specified means.

    (2) If a person contravenes subsection (1), the person is guilty of an offence punishable on conviction by a term of imprisonment of not more than 10 years or a fine of not more than VT 50 million, or both.

    Offence of trafficking in children

    35. (1) A person must not intentionally engage in trafficking in a person who is a child or be involved in the arranging of trafficking in a person who is a child, regardless of whether the child’s entry into Vanuatu or any other state is or was arranged by specified means.

    (2) If a person contravenes subsection (1), the person is guilty of an offence punishable on conviction by a term of imprisonment of not more than 15 years or a fine of not more than VT 75 million, or both.

    Exploitation of people not legally entitled to work

    36. (1) An employer who allows an unlawful employee to undertake employment in the employer’s service must not take any action with the intention of preventing or hindering the employee from:

    (a) leaving Vanuatu; or

    (b) ascertaining or seeking that person’s entitlement under the law of Vanuatu; or

    (c) disclosing to any person the circumstances of that person’s employment by the employer.

    (2) Without limiting subsection (1), the following are examples of actions of the kind mentioned in that subsection:

    (a) taking or retaining possession or control of a person’s passport, any other travel or identity document, or travel tickets;

    (b) preventing or hindering a person from:

    (i) having access to a telephone; or

    (ii) using a telephone; or

    (iii) using a telephone privately; or

    (iv) leaving premises; or

    (v) leaving premises unaccompanied;

    (c) preventing or hindering an authorised officer from entering or having access to any place or premises to which the person is entitled to have access under any law.

    (3) If a person contravenes subsection (1), the person is guilty of an offence punishable on conviction by a term of imprisonment of not more than 10 years or a fine of not more than VT 50 million, or both.

    Consent of trafficked person

    37. For sections 35 and 36 it is not a defence that:

    (a) the trafficked person consented to the intended exploitation; or

    (b) the intended exploitation did not occur.

    Protection for trafficked persons

    38. (1) A trafficked person is not liable to criminal prosecution for:

    (a) the act of trafficking in persons or being a party to an offence of trafficking in persons; or

    (b) the person’s illegal entry into Vanuatu in connection with the act of trafficking in persons if Vanuatu is the receiving country; or

    (c) the person’s period of unlawful residence in Vanuatu after being trafficked if Vanuatu is the receiving country; or

    (d) the person’s procurement or possession of any fraudulent travel or identity documents that the person obtained, or with which the person was supplied, for the purpose of entering the receiving country in connection with the act of trafficking in persons.

    (2) Subsection (1) does not prevent the removal of a trafficked person in accordance with the Immigration Act [Cap. 66] or any other Act.

     
     
     
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