By Pateh Kinteh
The Gambia has belatedly joined the global fight against human trafficking by ratifying the UN Protocol on Human Trafficking late last week. The Bill presented to the National Assembly by Attorney General Kebba Sanyang, is geared towards fostering collaborations with neighboring countries to address the multi-faceted problem of trafficking.
Presenting the Bill, Atty. Gen. Sanyang recounted the enactment of The Children’s Act in 2005, which, specifically intended to fight against trafficking in children and carried a punishment for life imprisonment. He said the latest Bill arose after realizing that the menace of human trafficking in the sub-region did not only affect children, who are most vulnerable; it also affected women and sometimes men. “Therefore, the Children’s Act was considered limited, hence the need for a comprehensive legislation which specifically addresses the global problem of tracking in persons in a more domestic perspective. This need has led to the drafting of the tracking in persons Bill 2007.”
Mr. Sanyang said the Bill addresses a number of issues ranging from the need for an established National Agency against trafficking in persons which would be responsible for, inter alia, administering the law, monitoring the immigration and emigration patterns and ensuring prompt response from the police and other agencies when needed, creating public awareness on the problem of tracking and its consequences, strengthening the cooperation amongst specific government departments and institutions, as well as investigating reports of trafficking. He also pointed that the Protocol also specifically creates the offence of trafficking in persons, defines the term “trafficking in person” and imposes a punishment of a minimum of 15 years and maximum of life imprisonment in addition to a fine upon conviction for the offence. It further encourages the training of personnel of commercial carriers to enable them detect suspicious persons; report to the agency all suspicious circumstances relating to the trafficking in persons. Clause 31 of the Bill creates an avenue to provide the police with information relating to the trafficking in persons,” Mr. Sanyang said.
He noted the paramount importance attached to the treatment of victims of trafficking contained in the Protocol that provides for the care and protection of victims of trafficking and the duty of persons concern` to ensure that the victims to trafficking have access to rehabilitative counseling services.
“The Bill also establishes the Fund for victims of trafficking, which will be managed and controlled by the National Agency Against Trafficking in Persons. This fund is to be used towards supporting skills training and tracing the families of the victims of trafficking to name few” he revealed.
The agency, police and other authority involved with the care and protection of victims of trafficking, shall ensure that a victim of trafficking is not subject to discriminatory treatment on account of race, colour, gender, sexual orientation, religion, language, and nationality said the Atty. Gen.
“Victim of trafficking should have access to adequate health, legal, psychological and other social services during the period of temporary residence.
Secretary of State Sanyang stated that without prejudice to the power of the police under this Act or the Criminal Procedure Code, a victim of trafficking or any other person who has information about trafficking might file a complaint with the police or other security services.
According to him, where a victim of trafficking is, for any reason unable to file a complaint personally, a member of his or her family or any person with knowledge of the offence may file a complaint on behalf of the victim. Seconding the motion, Ndey Njie- Nyang APRC National Assembly Member for Old Jeshwang welcomed the development describing it as timely and called on her colleagues to support the ratification of the Protocol. Sidia Jatta, National Assembly Member for Wuli West under the Opposition Coalition- NADD recalled that human trafficking is an old form of human trade, which is regarded as an anti-human practice in modern day society. He spoke of the importance attached in ratifying the Protocol, but caution on the need for effective implementation in the best interest of humanity.