LRC is happy to be part of this process of contributing to the passage of the Legislative Instrument (L.I.) on the Human Trafficking which is not to fill the lacuna created in its absence but most importantly, substantially address the concerns in respect of protection of victims and the implementation of practical strategies to holistically tackle the interest of victim while contributing to the successful prosecution of perpetrators of this heinous crime against humanity.
Human Trafficking is a heinous crime which perpetuates grievous violations of the fundamental human rights and freedoms of persons as guaranteed by the 1992 Constitution and other statutes. Children are recruited by traffickers and exploited in fishing and other farming practices within the agricultural sector of the Ghanaian economy. Women are also trafficked to West Africa, Africa, Europe and America for purposes of domestic work, organ harvesting, commercial sexual work, and other menial labour activities.
To tackle this phenomenon, in 2000, the global community at Palermo adopted the Protocol to suppress and combat trafficking in persons and urged member states to ratify the Instrument, develop and implement legislative, administrative and policy frameworks. Ghana in 2005 enacted the Human Trafficking Act, 2005 (Act 694) with the object to suppress human trafficking, punish perpetrators of the offence of human trafficking and develop strategies to rescue, rehabilitate and reintegrate victims of the offence. Section 41 of the Act provides that the Minister responsible in consultation with the Management Board may make regulations.
The absence of the L.I. created a lacuna in the legal framework in terms of addressing human trafficking issues in Ghana. This became prominent especially in rescue, rehabilitation and reintegration of victims of human trafficking. This lacuna substantially contributed to the inability of Ghana to prosecute as many offenders of the crime as would have been expected as well as provide the needed supporting measures to victims for the rescue, rehabilitation and reintegration.
In June, 2015, pursuant to the successful validation / consultations on the draft L.I. on Act 694, the Ministry of Gender, Children and Social Protection laid the L.I. in Parliament for its passage. It should be noted that constitutionally, the L.I. once laid in Parliament has a statutory period of 21 days for its passage. This L.I. has comprehensive provisions in respect of prevention, protection and prosecution as well as rescue, rehabilitate and reintegration of victims trafficking.
LRC would continuously offer its expertise for the successful implementation of the L.I. on Act 694 by providing capacity building of stakeholders, advocacy and awareness creation and direct implementation of programmes and project to ensure that the right of all persons which is inviolable as stipulated in our Constitution and other statutes are guaranteed. Achieving the goal of eliminating human trafficking or minimizing the activities of human traffickers will help promote human right and dignity hence the passage of the L.I.
