





PARLIAMENT is expected to make a number of changes to the Trafficking in Persons (Prevention, Suppression and Punishment) Act this week.







The Bill, tabled by Minister of National Security Peter Bunting, is aimed at making the current Act more effective and consistent with Jamaica's international obligations under the United Nations' Convention Against Transnational Organised Crime (also known as the Palermo Protocol).







According to the Bill's "memorandum of objects and reasons", the current Act is regarded as being fully compliant and consistent with international and United Nations' standards set by the Palermo Protocol. However, over the years, differences have emerged between the requirements of the Palermo Protocol, which is the approach taken by Jamaica, and the approach taken by "State parties" in their Country Report on Jamaica.







As a result, the Act has been reviewed in order to make it more effective and consistent with Jamaica's international obligations. In addition, the Cabinet approved a number of other activities late last year, including revising the national plan of action for combating trafficking in persons, which will guide its response up to 2015.







Cabinet also approved the establishment of a dedicated co-ordinating unit within the Ministry of Justice, and contracting an officer to carry out the tasks of the unit, as interim measures, as well as the amendments contained in the new Bill.







The new Bill, for example, seeks to expand the definition of "exploitation", an element of the offence of trafficking in persons, to include circumstances where a person is kept in bondage. Debt bondage in the Act refers to the status or condition of a debtor arising from a pledge, or the use by the debtor of his personal services or those of the persons under his control as a security for debt.



In addition to increasing the penalties for the offences relating to trafficking in persons, the Bill also provides for a new offence of conspiracy to commit trafficking in persons, which is punishable by imprisonment for a term not exceeding 20 years, or to both a fine and imprisonment.







There is also a provision allowing the court, in sentencing a convicted person for an offence of trafficking in person, to take into account the aggravating circumstances stipulated therein, which resulted from the actions of the convicted person. These would include circumstances where the convicted person has been previously convicted for an offence under the Act, or where he used, threatened to use or caused another person to use or threatened to use an offensive weapon, an explosive or a biological or chemical agent.







The provision regarding restitution in the Act will also be modified, to allow for restitution to be dealt with in the same criminal proceedings in which the person is convicted of an offence under the Act.









