ODPP has published several brochures to raise awareness about Human Trafficking offenses
Anti-Human Trafficking
Human trafficking is a pernicious crime. It is a crime against an individual’s basic human rights and is an exploitation of some of the most vulnerable members of society. It is on the increase in the world. The United Nations Office on Drugs and Crime (UNODC) reports that child trafficking alone has increased 5% since 2010 with girls and women accounting for 70% of the victims worldwide. Since the Fijian government brought in specific offences for human trafficking in 2010, we have had seven successful prosecutions in three cases.
The first human trafficking prosecution was brought by the State in 2010, the same year that the Crimes Act came into force and which introduced Fiji’s anti-human trafficking laws. The second was brought in late 2012, and the third concluded in June 2014. All cases were heard quickly by the courts after being made aware the victims were in Fiji waiting to give evidence while the case was pending. All resulted in convictions and robust sentences.
In addition, since 2010, the Office of the Director of Public Prosecutions (ODPP) has been involved in training Immigration and Police Officers in respect of Fiji’s anti-human trafficking laws and in 2013, the Director of Public Prosecutions (DPP) authorised the publication of information awareness brochures and posters to assist members of the public and victims of human trafficking identify human trafficking crimes and understand the options available to them should they witness or be victims of these crimes.
Specific anti-exploitation laws
Slavery: contrary to Section 103 of the Crimes Act 2009. It is a crime punishable by a maximum of 25 years for a person to possess a slave or exercise any of the powers attaching to the right of ownership over another human being. It is also a crime punishable by 25 years to engage in slave trading or engage in any commercial transaction involving a slave or to exercise control or direction over or provide finances for any act of slave trading or any commercial transaction involving a slave.
It is a crime punishable by a maximum of 17 years to recklessly enter into or exercise control or direction over or provide finance for any commercial transaction involving a slave. It is also a crime punishable by a maximum of 17 years to recklessly exercise control or direction over, or provide finance for, any act of slave trading.
Sexual Servitude: contrary to Section 106 of the Crimes Act 2009. It is a crime punishable by a maximum of 20 years to intentionally or recklessly cause a person under the age of 18 years who provides sexual services to continue to provide sexual services through the use of force or threats, or to limit that person’s ability to freely leave the place or area where they are currently providing sexual services. It is a crime punishable by a maximum of 15 years to intentionally or recklessly cause a person who provides sexual services to continue to provide sexual services through the use of force or threats, or to limit that person’s ability to freely leave the place or area where they are currently providing sexual services. It is also a crime punishable by a maximum of 15 years to conduct any business that involves the sexual servitude of other persons knowing or reckless as to that sexual servitude.
Deceptive Recruiting for Sexual Services: contrary to Section 107 of the Crimes Act 2009. It is a crime punishable by a maximum of 9 years to intentionally induce a person under the age of 18 years to enter into an arrangement to provide sexual service by lying to that person about the fact that the engagement will involve the provision of sexual services, or about the nature of the sexual service (e.g. whether those services will require unprotected sex), or about the extent to which the person would be free to stop providing sexual services if they wanted to, or about the extent to which the person would be free to leave his or her place of residence, if they is or will be a debt owed or claimed to be owed by the person in connection with the engagement – the amount, or the existence, of the debt owed or claimed to be owed, or the fact that the engagement will involve some kind of exploitation, debt bondage or confiscation of the person’s travel or identity documents. It is a crime punishable by a maximum of 7 years to intentionally induce a person 18 years and over to enter into an arrangement to provide sexual service by lying to that person about the fact that the engagement will involve the provision of sexual services, or about the nature of the sexual service (e.g. whether those services will require unprotected sex), or about the extent to which the person would be free to stop providing sexual services if they wanted to, or about the extent to which the person would be free to leave his or her place of residence, if they is or will be a debt owed or claimed to be owed by the person in connection with the engagement – the amount, or the existence, of the debt owed or claimed to be owed, or the fact that the engagement will involve some kind of exploitation, debt bondage or confiscation of the person’s travel or identity documents.
Trafficking in Persons: It is a crime punishable by up to 12 years to organise or facilitate the movement of a person into or out of Fiji, or from one place in Fiji to another place in Fiji, by threatening or forcing that person to make that move. It is also a crime punishable by up to 12 years to move a person into or out of Fiji, or from one place in Fiji to another place in Fiji, being reckless as to whether the other person will be exploited. It is also a crime punishable by up to 12 years to organise or facilitate the movement of a person into or out of Fiji, or from one place in Fiji to another place in Fiji, and lying to the victim about the fact the movement or arrangements for the movement will involve the person’s exploitation or debt bondage or the confiscation of that person’s travel documents. Further, it is a crime punishable by up to 12 years to organise or facilitate the movement of a person into or out of Fiji, or from one place in Fiji to another place in Fiji for an agreed upon arrangement to provide sexual services and there is a deception about the nature of the sexual services to be provided, the extent to which the person will be free to leave the place or area where the other person provides sexual services, the extent to which the person will be free to cease providing sexual services, the extent to which the person will be free to leave his or her place of residence and if there is a debt owed or claimed to be owed in connection with the arrangement – there is a deception about the amount or the existence of the debt owed or claimed to be owed.
Any of the above offences will constitute crimes punishable by up to 20 years if there is an intention to exploit the person moved, or the person being moved is subjected to cruel, inhuman or degrading treatment, or the person organising or facilitating the movement engages in conduct that gives rise to a danger of death or serious harm to the victim and is reckless about the possible results to the victim.
Trafficking in Children: It is a crime punishable by up to 20 years to organise or facilitate the movement of a person under the age of 18 years into or out of Fiji, or from one place in Fiji to another place in Fiji intending that or being reckless as to whether the victim will be used to provide sexual services or be otherwise exploited or reckless as to whether the victim will be used to provide sexual services or be otherwise exploited either during or following the movement.
Debt Bondage: contrary to Section 118 of the Crimes Act 2009. It is a crime punishable by up to 12 months if a person intends to cause the victim to enter into debt bondage (i.e. to enter into a pledge of his or her personal services or the personal services of another person under his or her control as security for a debt owed or claimed to be owed in circumstances where the debt owed or claimed to be owed is manifestly excessive, or the reasonable value of those services is not applied toward the liquidation of the debt or purported debt; or the length and nature of the services are not respectively limited and defined) and to engage in conduct that causes another person to enter into debt bondage. It is a crime punishable by 2 years if the victim is under 18 years of age.
