This is the version of this Act as it was from 11 January 2011 to 13 January 2021. Read the version currently in force.
Anti-Trafficking in Persons Act, 2011
Act 1 of 2011
- Published in Government Gazette no. 1 on 11 January 2011
- Commenced on 11 January 2011
- [This is the version of this document as it was from 11 January 2011 to 13 January 2021.]
Part 1 – Preliminary
1. Short title and commencementThis Act may be cited as the Anti-Trafficking in Persons Act, 2011, and shall come into operation on the date of publication in the Gazette.
2. InterpretationIn this Act, unless the context otherwise requires—"child" means a person who is under the age of 18 years;"coercion" means use of force or threat, and some forms of non-violent or psychological use of force or threat, including—(a)threats of harm or physical restraint of a person;(b)a scheme, plan or pattern intended to cause a person to believe that failure to perform an act would result in serious harm or to physical restraint against any person;(c)abuse or threat linked to the legal status of a person; or(d)psychological pressure."debt bondage" means the pledging by a person of his personal services or labour, or those of a person under his control as security or payment for a debt owed or claimed to be owed, when the length and nature of services is not clearly defined or when the value of the services as reasonably assessed is manifestly excessive and is not applied towards the debt;"exploitation" includes, at the minimum, induced prostitution and other forms of sexual exploitation, forced marriage, forced or bonded services, or practices similar to slavery, servitude or the removal of human organs;"forced labour" means labour or services obtained or maintained through threats, use of force, intimidation and other forms of coercion, or physical restraint;"Minister" means the Minister responsible for home affairs and public safety;"ministry" has a corresponding meaning to "Minister";"person" includes a juristic person and partnership;"prescribe" means prescribe by regulations;"probation officer" means a person who holds a qualification recognised by the Minister responsible for justice, human rights and the Correctional Service, and includes an auxiliary probation officer;"public official" means—(a)a person holding a legislative or executive office, whether appointed or elected, administrative or judicial office, whether permanent or temporary, paid or unpaid irrespective of the seniority of that person;(b)any other person who performs a public function, or provides a public service;"servitude" means a condition in which the labour or services of a person are provided or obtained through threats of harm to that person or another, or through any scheme, plan or pattern intended to cause the person to believe that, if the person does not perform the labour or services, that person or another will suffer harm;"slavery" means the status or condition of a person over whom any or all the powers attaching to the right of ownership are exercised;"smuggling" means the procurement to obtain, directly or indirectly, the financial or other material benefit of the illegal entry of a person into a state of which the person is not a national or a permanent resident;"social worker" means a person who is qualified as a social worker and includes an auxiliary social worker."trafficker" means a person who is charged with the offence of trafficking;"trafficking" means the recruitment, transportation, transfer, harbouring, legal or illegal adoption, sale, supply or receipt of persons within and across the borders of Lesotho—(a)by means of the use of threat, force or other means of coercion, abduction, kidnapping, fraud or deception, the abuse of power, law or legal process or a position of vulnerability or debt bondage; or(b)the giving or receiving of payments or benefits to obtain the consent of a person having control over another person,for the purpose of exploitation;"victim of trafficking" means a person who is a victim of the offence of trafficking.
3. Scope of application of ActThis Act applies regardless of whether the conduct constituting the offence of trafficking took place inside or outside Lesotho in the following circumstances, if—
4. Extra-territorial jurisdictionAn offence under this Act committed outside Lesotho by a person who, while being a citizen of or permanently residing in Lesotho, shall be dealt with as if it has been committed in Lesotho.
Part II – Offences and penalties
5. Offence of trafficking
6. Acts that promote or facilitate traffickingA person who—
7. Aggravated forms of trafficking
8. Engaging the services of a victim of trafficking
9. Debt bondageA person who intentionally and unlawfully engages in a conduct that causes another to enter into a situation of debt bondage commits an offence and is liable, on conviction, to imprisonment for a period of 15 years.
10. Destruction, confiscation, concealment of documentsA person who intentionally and unlawfully destroys, confiscates, possesses, conceals or tampers with any actual or purported identification document, passport or other travel document of a victim of trafficking in furtherance of the offence of trafficking commits an offence and is liable, on conviction, to imprisonment for a period of 15 years.
11. Fraudulent travel or identity documentA person who makes, obtains, gives, sells or possesses a fraudulent travel or identity document for purposes of facilitating an offence of trafficking or smuggling and is liable, on conviction, to a fine of M1,000,000.00 or imprisonment for a period of 25 years or both.
12. Smuggling of persons
Part III – Enforcement
14. Port and border control
15. Power to stop persons or vehicles
16. Search of persons and aircraftAn examining officer who questions a person under section 14(2) may, for the purpose of determining whether the person is a trafficker, search the person or anything that the person has or which belongs to the person and is on the aircraft, and which the examining officer reasonably believes has been, or is about to be, on an aircraft.
17. Examination of goods
18. Detention of propertyAn examining officer may detain any goods or document—
19. Designation of control area facilitiesThe Minister may, by notice in writing, to the Director of Immigration—
20. Arrest by a police officer
21. Arrest by private person
Part IV – Identification, care and protection of victims
22. Guiding principles in determining a victimThe following circumstances shall be taken into account in deciding whether a person is a victim of trafficking in a particular case—
23. Reporting and referral of victim
24. Filing of complaints with police officer
25. Police assistance
26. Receipt of complaint by police officerWhere a police officer receives a complaint, the police officer shall—
27. Child victim found in Lesotho
28. Prohibition of Summary deportationA summary deportation of a victim is prohibited.
29. Suspension of deportation
30. Temporary residence
31. Permanent residenceA victim may apply for a permanent residence under the Aliens Control Act, 1966 after five years continuous residence in Lesotho from the date on which the victim was granted a temporary permit referred to in section 30: Provided that the victim proves to the satisfaction of the Minister that the victim may be harmed, killed or trafficked again if returned to the victim’s country of origin or the country from where the victim has been trafficked.
32. Repatriation of victim from Lesotho
33. Assistance to foreign victimThe ministry responsible for social welfare shall—
34. Repatriation of victim to Lesotho
35. Escorting child victim
Part V – Centres for victims
36. Establishment of centres for victimsThe Minister responsible for social welfare shall—
37. Minimum norms and standardsA centre for victims of trafficking shall—
38. Programmes offered by centres
39. Assessment of victimUpon admission of a victim to a centre for victims, an assessment shall be made by a social worker to determine, the—
40. Tracing of family of trafficked person
41. Rehabilitation of victim
42. Provision of health and serviceA victim is entitled to the same public health care services as those to which the citizens of Lesotho have access.
Part VI – Prevention of trafficking
43. Public awareness campaigns
Part VII – Victims of Trafficking Trust Fund
44. Confiscation and forfeiture of proceeds of trafficking
45. Establishment of FundThere is established the Victims of Trafficking Trust Fund (in this Act referred to as "the Fund").
46. Sources of moneys for the FundThe moneys for the Fund shall include—
47. Objectives of the FundThe moneys of the Fund shall be applied as follows -
48. Management of the Fund
49. Payment from the FundMoney issued from the Fund shall be authorised by the Principal Secretary responsible for the ministry.
50. Accounts and audit
51. Financial yearThe financial year for the Fund shall be the same as the financial year of the Government.
52. Annual report
Part VIII – Miscellaneous
53. Trafficking of a child by parent, guardian or other person who has parental responsibility
54. Other powers of CourtNotwithstanding any penalty imposed by or under this Act, a court may, where circumstances warrant, impose a penalty less or greater than that stipulated by or under this Act.
55. ExtraditionThe Fugitive Offenders Act, 19673 shall apply in relation to the extradition of a person—
History of this document
14 January 2021
11 January 2011 this version
Published in Government Gazette number 1