Jornal do Cidadão
Human Trafficking is a Crime

2009.01.04 News

To combat transnational human trafficking activities, the United Nations has enacted a series of conventions, namely “The United Nations Convention against Translational Organized Crime”, “Optional Protocol to the Convention on the Rights of the Child on the Sale of Children and Child Prostitution and Child Pornography”, etc. These conventions are application to the Macao SAR, which undertakes the obligation of performance. Our government published Law No. 6/2008 “Combat the Crime of Trafficking in Persons” accordingly on 23 June. The law came into effect on 24 June.

The Aims of Human Trafficking
In fact, human trafficking has been convicted as a crime since 1997. However, the relative articles defined human trafficking in a very narrow sense, which was limited in prostitution only. Therefore they could not meet the requirements of the present days.
In view of the development of the International Law, the Law of “Combat the Crimes of Trafficking in Persons” expanded the applicable scope of human trafficking which does not only limited to prostitution, but also other activities conducted upon the aim of sex exploitation (e.g. minors who carry out sexual activities for money, drugs, food or other materials). Moreover, the offence also covers forced labour (e.g. forcing labour to work like slaves), organ harvesting, illegal adoption of children (trafficking under deceived adoption) etc.

The Consequences of Trafficking Adults
Whoever, practicing human trafficking and by the means of provision, delivery, induction, recruitment, transportation, transfer, harbouring or receiving person through violence, kidnapping or fraud for the purpose of sexual exploitation, forced labor or organ harvesting, shall be punished with a penalty of up to 12 years of imprisonment.

The Consequences of Trafficking Minors
According to “The Convention on the Rights of the Child”, whoever under the age of 18 is regarded as minor.

Whoever, practicing trafficking minors and by the means of provision, delivery, induction, recruitment, transportation, transfer, harbouring or receiving person through violence, kidnapping or fraud for the purpose of sexual exploitation, forced labor or organ harvesting, shall be punished with a penalty of up to 15 years of imprisonment. If the victim is under age 14, or the trafficker acts as a way of life or has lucrative intention, the applicable penalty shall be aggravated by one-third in its limits and the maximum penalty shall be up to 20 years of imprisonment.

Note: with reference to Article 2, Law of Combat the Crime of Trafficking in Persons.

(Source by DSAJ)

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