42. Offence of trafficking in persons
Any person who engages in trafficking in a person or is involved in the arranging of trafficking in a
person, knowing that the person’s entry into Kiribati or any other State is or was arranged by
specified means, commits an offence and is liable upon conviction to imprisonment for 15 years.
43. Offence of trafficking in children
Any person who intentionally engages in trafficking in a person who is a child or is involved in the
arranging of trafficking in a person who is a child, regardless of whether the child’s entry into
Kiribati or any other State is or was arranged by specified means, commits an offence and is liable
upon conviction to imprisonment for 20 years.
44. Consent of trafficked person
In a criminal prosecution for an offence under section 42 or 43, it is not a defence that—
(a) the trafficked person consented to the intended exploitation; or
(b) the intended exploitation did not occur.
45. Protection for trafficked persons
(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 Kiribati, in connection with the act of trafficking in
persons, if Kiribati is the receiving country; or
(c) the person’s period of unlawful residence in Kiribati after being trafficked, if Kiribati
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 under the Immigration Ordinance.
