Macao Daily News - To understand Macau law
Combating Trafficking in Persons

2008.06.30 News

In recent years, human trafficking has become increasingly rampant in the world. In order to effectively combat these illegal activities, which are usually transnational by nature, all countries should carry out close cooperation. For this purpose, the United Nations (“UN”) has formulated a number of conventions, such as the UN Convention against Transnational Organized Crime, and the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. Macao Special Administrative Region is responsible for discharging her obligations as a territory to which the Convention applies. For this purpose, the SAR has formulated the Law No. 6/2008, Combat the Crime of Trafficking in Persons, which was published in the official journal on 23 June 2008 and has become effective upon 24 June 2008.

Purposes of human trafficking
Back in 1997, Macau criminalized human trafficking activities, but the interpretation scope for the crime in the law is relatively narrow, only limited to prostitution. Therefore, the law may not be applicable to the current circumstances.
Having considered the development of the current international law, the Macao government has enlarged the application scope of the law with regard to human trafficking, including other activities for the purpose of sexual exploitation (e.g. a minor has sex with others for substances such as money, drugs and food). Furthermore, the scope also includes labour or service exploitation (e.g. forced labour), removal of human organs or tissues, and illegal adoption (i.e. human trafficking under the name of juvenile adoption).

Consequences of trafficking of adults
Whoever commits the crime of human trafficking for sexual exploitation, forced labour or removal of human organs, and offers, induces, recruits, accepts, transports, transfers, harbours or receives a victim by means of violence, kidnapping or coercion, shall be punished with a penalty of maximum 12 years of imprisonment.
Consequences of trafficking of children
In accordance with the Convention on the Rights of the Child, all persons under 18 are children.
A person, who commits the crime of human trafficking for sexual exploitation, forced labour or removal of human organs, and by any means, offers, induces, recruits, accepts, transports, transfers, harbours or receives a minor, shall be punished with a penalty of maximum 15 years of imprisonment. If the victim is a minor under 14 years old, or if the perpetrator acts as a form of living or with intent to profit, the penalties shall be aggravated by one third to imprisonment for 20 years at maximum.

Illegal adoption
In recent years, some culprits engage in the sale of children under the name of “adoption” to evade the law. In order to combat such kind of illegal adoption, whoever receives or offers any minor by offering and accepting advantages, or whoever obtains or gives the consent to the adoption of a minor by offering and accepting advantages, shall be punished with a penalty of maximum 5 years of imprisonment.

Victim protection
Most victims of human trafficking have been transported to remote areas from their respective hometowns. They may not report such offence due to language barrier or the criminals’ threat. Therefore, the SAR government has launched a victim protection scheme, for example, provision of accommodation for victims, so as to protect their personal safety, and to provide them with necessary and appropriate psychological, medical, social, economic and legal assistance.

In order to protect victims from being disclosed of their respective identities, the law forbids the disclosure of the victims’ identities by any means either before or after the hearing. Moreover, when a human trafficking case is heard in the court, the litigation (especially the hearing) shall not be in public.

In addition, victims shall be entitled to the following rights, such as legal advice; judicial assistance; claims for civil compensations; psychological, medical and medicine assistance complimentarily provided by the Health Bureau of Macao, and translation services. If the victim comes from another country, the SAR government will immediately inform the department of foreign affairs of that country, and the victim is allowed to stay in Macau during the trial with all necessary legal assistance provided by the government.

Reports of suspected human trafficking activities can be made to the 24-hour hotline 2888 9911. Anyone who seeks assistance can call 2888 9922 upon 1 July.

Note: With reference to Articles 2, 6 and 7 of the Law of Combat the Crime of Trafficking in Persons.

(Please send your comments to Rua do Campo, nº 162, Edifício “Administração Pública", 17º andar, Macau or email us at 9872233@dsaj.gov.mo with your name and address stated.)
(Source by DSAJ)

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