ANTIGUA AND BARBUDA

TRAFFICKING IN PERSONS (PREVENTION) (AMENDMENT) BILL, 2019

No. of 2019

Trafficking In Persons (Prevention) (Amendment) Act, 2019 3 No. of 2019

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2019

ANTIGUA AND BARBUDA

TRAFFICKING IN PERSONS (PREVENTION) (AMENDMENT) ACT, 2019

ARRANGEMENT OF CLAUSES

CLAUSES

1. Short title .................................................................................................................................. 5

2. Interpretation ............................................................................................................................ 5

3. Amendment of section 2 - Interpretation ................................................................................. 5

4. Amendment of section 7 - Trafficking in Persons Prevention Committee ............................... 5

5. Insertion of new section 7A ..................................................................................................... 6

6. Amendment of section 8 .......................................................................................................... 7

7. Amendment of section 10 – Meetings of the Committee ......................................................... 7

8. Amendment of section 11 – Establishment of task forces ....................................................... 7

9. Deletion of section 12 .............................................................................................................. 8

10. Amendment of section 29 – Enforcement officers ................................................................... 8

11. Amendment of section 71 - Regulations .................................................................................. 8

Trafficking In Persons (Prevention) (Amendment) Act, 2019 5 No. of 2019

ANTIGUA AND BARBUDA

TRAFFICKING IN PERSONS (PREVENTION) (AMENDMENT) ACT, 2019

NO. OF 2019

AN ACT to amend the Trafficking in Persons (Prevention) Act, 2010 to establish the Trafficking

in Persons Prevention Unit and for connected matters.

ENACTED by the Parliament of Antigua and Barbuda as follows:

1. Short title

This Act may be cited as the Trafficking in Persons (Prevention) (Amendment) Act, 2019.

2. Interpretation

In this Act—

“principal Act” means the Trafficking in Persons (Prevention) Act 2010, No. 12 of 2010.

3. Amendment of section 2 - Interpretation

The principal Act is amended in section 2 by inserting immediately after the word “travel

document” the following definition—

“Unit” means the Antigua and Barbuda Trafficking in Persons (Prevention) Unit established

under section 7A;”

4. Amendment of section 7 - Trafficking in Persons Prevention Committee

The principal Act is amended by repealing section 7 and substituting the following new section—

“7. Trafficking in Persons Prevention Committee

(1) There is established a Trafficking in Persons Prevention Committee, (“Committee”)

which shall function as an oversight Committee.

(2) The Cabinet shall appoint the members of the Committee which shall consist of the

following persons—

(a.) the Solicitor General or his designee, who shall act as Chairman of the Committee;

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2019

(b.) the Permanent Secretary of the Ministry of Public Safety;

(c.) the Chief Immigration Officer or a representative;

(d.) the Commissioner of Police or a representative;

(e.) a representative of the Family and Social Services Division; and

(f.) the Director of the Office of National Drug Control Policy or a representative.

(3) The Chairman shall appoint one of the members to serve as Secretary to the Committee.

(4) The Committee shall be responsible for—

(g.) overseeing the activities of the Unit as established under section 7A;

(h.) providing general advice to the Director of the Unit;

(i.) monitoring and advising the Unit on the implementation of its programmes;

(j.) reviewing the performance of the Unit with a view to providing necessary recommendations; and

(k.) preparing annual reports for submission to the Minister.

(5) Each member of the Committee appointed under subsection (2) shall, unless he sooner

resigns, hold office for a period not exceeding two years and is eligible for re-appointment.

(6) A member of the Committee appointed under subsection (2) may, at any time resign his

office, by giving one month notice in writing to the Minister.

(7) The members of the Committee specified under subsection (2) may be paid such

allowances as the Minister may determine.”

5. Insertion of new section 7A

The principal Act is amended by inserting immediately after section 7 the following new

section—

“7A Antigua and Barbuda Trafficking in Persons Prevention Unit

(1) There is established for the purposes of eliminating and preventing any occurrences

of Trafficking in Persons in Antigua and Barbuda, a Trafficking in Persons Prevention Unit

(“Unit”).

(2) The Minister shall appoint the members of the Unit which shall include persons

with—

(a.) requisite knowledge of human trafficking;

(b.) the ability to conduct appropriate research;

(c.) the ability to carry out rescue operations;

Trafficking In Persons (Prevention) (Amendment) Act, 2019 7 No. of 2019

(d.) knowledge of providing victim care and support; and

(e.) the ability to plan and execute educational outreach activities.

(3) The Minister shall appoint—

(a.) a Director,

(b.) a Policy and Research Development Officer,

(c.) a Communications Officer and

(d.) an Executive Assistant from among the members of the Unit.

(4) The Director shall report the activities of the Unit to the Committee which shall provide

guidance where necessary.”

6. Amendment of section 8

The Principal Act is amended by in section 8 by—

(a.) repealing the section heading and replacing it with the new section heading—

“8. Functions of the Trafficking in Persons Prevention Unit”

(b.) repealing the word “Committee” in subsections (1), (2), (3), (4) and (5) and substituting it with the word “Unit”.

7. Amendment of section 10 – Meetings of the Committee

The principal Act is amended by—

(a.) repealing subsection (1) of section 10 and substituting the following new section—

“10. Meetings of Committee

(1) The Committee shall meet at least once per month at such time and place as the

Chairperson may determine.” and

(b.) repealing the word “Seven” in subsection (2) and substituting the word “Four” and

(c.) repealing subsection (7) in its entirety.

8. Amendment of section 11 – Establishment of task forces

The principal Act is amended in section 11 by—

(a.) repealing the word “Committee” in subsections (1), (2), (3)(b), (4) and (5) and substituting it with the word “Unit”.

(b.) Repealing subsection (3)(a) and substituting it with the following—

“(a) shall be chaired by the Director of the Unit;”

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2019

9. Deletion of section 12

The principal Act is amended by deleting section 12 in its entirety.

10. Amendment of section 29 – Enforcement officers

The principal Act is amended by repealing section 29(1) and substituting it with the following—

“(1) The following persons shall be enforcement officers for the purposes of this Act and may

exercise all powers of enforcement—

(a.) a police officer;

(b.) an immigration officer;

(c.) an officer of the Coast Guard;

(d.) an officer of the Office of National Drug Control Policy; and

(e.) all members of the Trafficking in Persons Prevention Unit.”

11. Amendment of section 71 - Regulations

The principal Act is amended in section 71 by—

(a.) repealing subsection (2)(b) in its entirety; and

(b.) deleting the words “or eighteen months imprisonment or both” in subsection (3).

Passed the House of Representatives on

the day of , 2019.

Passed the Senate on the day of

, 2019.

……………………….....................

Speaker.

………………………………………..

President.

………………………………………

Clerk to the House of Representatives. ………………………………………..

Clerk to the Senate.

Trafficking In Persons (Prevention) (Amendment) Act, 2019 9 No. of 2019

EXPLANATORY MEMORANDUM

This bill seeks to amend the Trafficking in Persons (Amendment) Act 2010 to enable several

changes to take place. In order to achieve this objective, some of the following significant

amendments were made:

Clause 4 amends section 7 of the principal Act by repealing and replacing it with a new section.

The purpose of the replacement is to change the composition and objective of the Committee

which was previously established under the principal Act. The amendment now seeks to establish

the Committee as an Oversight Committee, which oversees the activities of the Unit and providing

advice to the Director of the Unit.

Under clause 5, a new section is inserted which establishes the Trafficking in Persons Unit. The

main function of this Unit will be to eliminate and prevent any occurrences of trafficking in

persons in Antigua and Barbuda.

Another significant amendment under clause 10 is to appoint members of the Unit as enforcement

officers under the Act. This enables the members of the Unit to investigate any offences which

may have been committed under this Act, as well as to arrest without a warrant, any person who

has committed or attempted to commit any offence under this Act.

...............................................................

Hon. Steadroy Benjamin

Minister responsible for Public Safety