Uganda Act or statute

Parliament of Uganda

Prevention of Trafficking in Persons Act, 2009

Jurisdiction: Uganda
Structure: 23 provisions
Citation: Chapter 131
Dates: As at 23 Dec 2024

More statute details

Dates: As at 23 Dec 2024

Source attribution: Source: Uganda Legal Information Institute

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Purpose and legislative effect

“This section provides definitions for terms used in the Act, including “child”, “debt bondage”, “currency point”, “exploitation”, “forced labour”, “Gazette”, “human sacrifice”, “Minister”, “prostitution”, “public office”, “public officer”, “public service”, “pornography”, “sex tourism”, “sexual exploitation”, “slavery””

This section provides definitions for terms used in the Act, including “child”, “debt bondage”, “currency point”, “exploitation”, “forced labour”, “Gazette”, “human sacrifice”, “Minister”, “prostitution”, “public office”, “public officer”, “public service”, “pornography”, “sex tourism”, “sexual exploitation”, “slavery”, “slave trade”, “trafficking in persons”, and “victim of trafficking”. Prohibits any person from recruiting, transporting, transferring, harbouring or receiving a person for the purpose of exploitation; establishes penalties including death (for human sacrifice), life imprisonment, ten years imprisonment, and fines/closure for legal persons; trafficking of a child is an offence even without the specified means. Any person who commits aggravated trafficking in persons under specified circumstances (including victim being a child, organised syndicate, offenders who are relatives, public officers, military or law enforcement personnel, or acts involving harmful rituals or causing death/serious harm) is liable on conviction to imprisonment for life. Any person must not commit acts involving a child such as those listed (acts under section 2 in relation to a child; using a child in armed conflict; removing parts for human sacrifice; using a child to commit a crime; abandoning a child outside the country; or using a child or body part in witchcraft or rituals). Anyone who, knowing or having reason to believe a person is a victim of trafficking, engages that victim's labour or services commits an offence and faces up to ten years' imprisonment on conviction.

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Interpretation - Interpretation

Section 1

Trafficking in persons - Offences related to trafficking in persons

Any person is prohibited from committing or attempting various acts of trafficking in persons, including recruitment, transport, harbouring, matching for sexual exploitation, confiscation of documents to deny movement or services, and illicit adoption.

Section 7

Protection of victims of trafficking - Confidentiality

Specified actors must recognise and respect the privacy of trafficking victims; certain publications identifying victims without authority are an offence punishable by a fine of two hundred fifty currency points.

Section 12

Jurisdiction - Extra-territorial jurisdiction

Section 18

Miscellaneous - ***

Section 23 has been deleted by section 3(b) of General Notice 2917 of 2024.

Section 23

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Showing 23 of 23 provisions

Offence 13Provision 9Interpretation

Part I

Interpretation

§ 1Interpretation - InterpretationInterpretation

Section Interpretation Section In this Act, unless the context otherwise requires— “ child ” means a person below the age of eighteen years; “ debt bondage ” means the status or condition arising from a pledge by the debtor of his or her personal services or labour, or those of a person under his or her control as security or payment for a debt, when the length and nature of services is not clearly defined or when the value of the services as reasonably assessed is not applied towards the liquidation of the debt; “ currency point ” has the value assigned to it in the Schedule to this Act; “ exploitation ” includes at a minimum, sexual exploitation , forced marriage, child marriage, forced labour , harmful child labour, use of a child in armed conflict, use of a person in illegal activities, debt bondage , slavery or practices similar to slavery or servitude, human sacrifice , the removal of organs or body parts for sale or for purposes of witchcraft, harmful rituals or practices; “ forced labour ” means all work or service which is exacted from any person under threat of any penalty and for which the said person has not offered him or herself voluntarily; “ Gazette ” means the Uganda Gazette and includes any supplement of that Gazette ; “ human sacrifice ” means the killing, mutilation, removal of a body organ, body part or human tissue of a person or the drawing of blood from a person for sale or purposes of performing or furthering witchcraft, a ritual or for any other unlawful purpose; “ Minister ” means the Minister responsible for internal affairs; “ prostitution ” means the activities of a “prostitute” as defined in the Penal Code Act as “a person who, in public or elsewhere, regularly or habitually holds himself or herself out as available for sexual intercourse or other sexual gratification for monetary or other material gain”; “ public office ” means an office in the public service ; “ public officer ” means a person holding or acting in any public office ; “ public service ” means service in a civil capacity of the Government or local government; “ pornography ” means any representation, through publication, exhibition, cinematography, indecent show, information technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities, or any representation of the sexual parts of a person for primarily sexual excitement; “ sex tourism ” means a programme organised by travel and tourism-related establishments or individuals, which consists of tourism packages or activities, utilising and offering escort and sexual services and practices offered for any persons as part of work recreation; “ sexual exploitation ” means the use of a person in prostitution , sex tourism , pornography , the production of pornographic materials, or the use of a person for sexual intercourse or other lascivious conduct; “ slavery ” means the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised; “ slave trade ” includes all acts involved in the capture, acquisition or disposal of a person with the view to selling or exchanging him or her and with the intention of reducing him or her to slavery ; “ trafficking in persons ” means the recruitment, transportation, transfer, harbouring or receipt of persons, by means of, threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or of a position of vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation ; “ victim of trafficking ” includes a person who is being or has been trafficked as per the definition of trafficking in persons provided under this Act.

Section 1Verify source

Part II

Trafficking in persons

§ 2Trafficking in persons - Offence of trafficking in personsOffence

Prohibits any person from recruiting, transporting, transferring, harbouring or receiving a person for the purpose of exploitation; establishes penalties including death (for human sacrifice), life imprisonment, ten years imprisonment, and fines/closure for legal persons; trafficking of a child is an offence even without the specified means.

Section Offence of trafficking in persons Section Any person who— Notwithstanding subsection (1) , where the person convicted of the offence of trafficking in person exploited the victim of the offence by carrying out human sacrifice, the convicted person shall, instead of the punishment prescribed in subsection (1) , be liable to— suffer death, if— recruits, transports, transfers, harbours or receives a person, by means of; threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or of a position of vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation ; or recruits, hires, maintains, confines, transports, transfers, harbours or receives a person or facilitates any of these acts through force or other forms of coercion for the purpose of engaging that person in prostitution , pornography , sexual exploitation , forced labour , slavery , involuntary servitude, death bondage, forced or arranged marriage, the convicted person is a parent, guardian or person having authority or control over the victim of the offence; or the offence of trafficking in persons results in the death of the victim; imprisonment for life, where the offence results in grievous bodily harm to the victim; or imprisonment for ten years, where the offence results in injury to the victim of the offence. Notwithstanding the provisions of subsection (1) , where the offender is a legal person, it is liable, on conviction, to a fine of one thousand currency points, and temporary or permanent closure, de-registration, dissolution, or disqualification from practice of certain activities. The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall constitute trafficking in persons even if this does not involve any of the means specified in subsection (1) . The consent of the victim of trafficking or if a child , the consent of the parents or guardians of the child to the acts of exploitation shall not be relevant.

Section 2Verify source

§ 3Trafficking in persons - Aggravated trafficking in personsOffence

Any person who commits aggravated trafficking in persons under specified circumstances (including victim being a child, organised syndicate, offenders who are relatives, public officers, military or law enforcement personnel, or acts involving harmful rituals or causing death/serious harm) is liable on conviction to imprisonment for life.

Section Aggravated trafficking in persons Section Any person commits the offence of aggravated trafficking where— the victim of trafficking is a child ; adoption, guardianship, fostering and other orders in relation to children is undertaken for the purpose of exploitation ; the offence is committed by a syndicate or on large scale; the offender is an organisation engaged in the activities of organising, directing or protecting the vulnerable persons in society; the offender is engaged in organising or directing another person or persons to commit the offence; the offence is committed by a close relative or a person having the parental care, authority or control over the victim or any other person; the offence is committed by a public officer ; the offence is committed by military personnel or law enforcement officer; the person organises, facilitates or, makes preparations for the kidnapping, abduction, buying, selling, vending, bringing from or sending to, receiving, detaining or confining of a person for purposes of harmful rituals or practices, human sacrifice , removal of any body part or organ, or any other act related to witchcraft; the victim dies, suffers from mental illness, suffers mutilation, gets infected with HIV/AIDS or any other life threatening illness, and is liable, on conviction, to imprisonment for life.

Section 3Verify source

§ 4Trafficking in persons - Trafficking in childrenProvision

Any person must not commit acts involving a child such as those listed (acts under section 2 in relation to a child; using a child in armed conflict; removing parts for human sacrifice; using a child to commit a crime; abandoning a child outside the country; or using a child or body part in witchcraft or rituals).

Section Trafficking in children Section Any person who— does any act referred to under section 2 in relation to a child ; uses a child in any armed conflict; removes any part, organ or tissue from the body of a child for purposes of human sacrifice ; uses a child in the commission of a crime; abandons a child outside the country; or uses a child or any body part of a child in witchcraft, rituals and related practices,

Section 4Verify source

§ 5Trafficking in persons - Engaging labour or services of victim of traffickingOffence

Anyone who, knowing or having reason to believe a person is a victim of trafficking, engages that victim's labour or services commits an offence and faces up to ten years' imprisonment on conviction.

Section Engaging labour or services of victim of trafficking Section Any person who, while knowing or having reason to believe that a person is a victim of trafficking , engages the labour or services of that victim in that status, commits an offence and is liable, on conviction, to imprisonment for a term of ten years.

Section 5Verify source

§ 6Trafficking in persons - Promoting trafficking in personsProvision

Prohibits any person from various acts that facilitate trafficking in persons, including misuse of premises, falsifying immigration documents, giving false information, advertising trafficking material, selling or buying persons, and improperly handling children; contains an exception for lawful, good-faith child transfers done in the child's best interests.

Section Promoting trafficking in persons Section Any person who— knowingly leases or subleases, uses or allows to be used any house, building or establishment for the purpose of exploitation ; produces, prints, issues or distributes, any document or information of any Government agency, which relates to immigration, for purposes of trafficking; tampers with or falsifies any Government or Government agency’s document or information relating to the immigration regulations or requirements; utters or aids any person to utter any false document relating to immigration for the purpose of facilitating that person’s entry or stay in Uganda, or exit from the country; gives or facilitates the giving of false information to any authority for the purpose of enabling the entry, stay in Uganda, or exit from the country of any person; advertises, publishes, prints, broadcasts, distributes or causes the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet of any pornographic or other material intended or likely to facilitate trafficking in persons ; in any way engages in the selling or buying of persons; recruits, transports, transfers, harbours or receives a child for any purpose without authority of the parent or guardian of such a child ; except that this provision shall not apply where the recruitment, transportation, transfer, harbouring or receipt is done lawfully, in good faith and in the best interests of the child ; or abandons a child , in circumstances likely to cause fear, isolation, injury, pain or other harm or to facilitate the trafficking of that child ,

Section 6Verify source

§ 7Trafficking in persons - Offences related to trafficking in personsOffence

Section Offences related to trafficking in persons Section Any person who— attempts to traffic in persons; conspires with another person to do an act of trafficking in persons ; recruits, transports, transfers, harbours, provides or receives a person for domestic or overseas employment or training or apprenticeship with the intention of trafficking; recruits a person below sixteen years in any form of employment for the purposes of exploitation ; introduces or matches any person to another for purposes of sexual exploitation ; confiscates, conceals, or destroys a passport, travel document or other personal documents or belongings of a person for the purpose of unlawfully denying that person freedom of movement or access to any public services; or adopts or facilitates the adoption of a person for illicit purposes,

Section 7Verify source

§ 8Trafficking in persons - Failure to disclose convictionOffence

People convicted under this Act must disclose that conviction when applying for jobs involving authority or care of children, or when offering or agreeing to care for or supervise children.

Section Failure to disclose conviction Section Any person who, having been convicted of an offence under this Act, fails to disclose that conviction— when applying for employment which places him or her in a position of authority or care of children; or when offering or agreeing to take care of or supervise children,

Section 8Verify source

§ 9Trafficking in persons - Duty to report trafficking in personsOffence

Anyone in the community who knows (or has reason to believe) that an offence under this part has been committed or is intended must report it to the police or other relevant authority.

Section Duty to report trafficking in persons Section Every member of the community who knows that any person has committed or intends to commit an offence under this part shall report the matter to the police or other authority for appropriate action. Any person who knowing or having reason to believe that a person has committed or intends to commit an offence and does not report to the police or other relevant authority, commits an offence and is liable, on conviction, to a fine of five thousand currency points or to imprisonment for a term of six months.

Section 9Verify source

Part III

Protection of victims of trafficking

§ 10Protection of victims of trafficking - Non-discrimination of victims of traffickingOffence

Measures for the protection, assistance and support to victims of trafficking shall be interpreted and applied in a way that is not discriminatory to persons on the basis of race, religion, belief, age, family status, culture, language, nationality or gender.

Section Non-discrimination of victims of trafficking Section Measures for the protection, assistance and support to victims of trafficking shall be interpreted and applied in a way that is not discriminatory to persons on the basis of race, religion, belief, age, family status, culture, language, nationality or gender. Any person who applies the measures for protection, assistance and support of victims in a discriminatory manner commits an offence and is liable, on conviction, to a fine of five hundred currency points or to imprisonment for a term of six months.

Section 10Verify source

§ 11Protection of victims of trafficking - Protection, assistance and support for victims of traffickingOffence

Defines support and protections for victims of trafficking, including entitlement to information, referral by public officers, exemption from civil filing fees for those instituting proceedings, and that Government and other agencies shall provide protection and assistance.

Section Protection, assistance and support for victims of trafficking Section A victim of trafficking shall be legally recognised as such and shall not be penalised for any crime committed as a direct result of the trafficking. A victim of trafficking shall be informed in a language that he or she understands about the different stages of any proceedings, and about her or his rights and duties. A victim of trafficking shall be assisted to enable his or her views and concerns to be presented and considered at the appropriate stages of the proceedings. The institution of criminal proceedings arising from acts of trafficking in persons shall not affect the rights of a victim to pursue a civil case for damages. A person instituting proceedings under this section shall be exempted from payment of any filing fees required under the civil procedure laws. A victim of trafficking will be accorded the available health and social services, medical care, counselling and psychological assistance, on a confidential basis and with full respect of his or her privacy, in a language she or he understands. A victim of trafficking shall be considered for provision of safe and appropriate accommodation and material assistance, where necessary and possible. Public officers and any other person involved in the detection, investigation, prosecution or trial of offences under this Act, shall whenever necessary, refer victims to appropriate organisations and institutions for assistance and support. The protection, assistance and support to children shall be provided in accordance with their special needs, especially with regard to accommodation, education and care. A victim of trafficking shall be entitled to information on the nature of protection, assistance and support he or she is entitled to and the possibilities of assistance and support. The protection, assistance and support subscribed in this section shall be provided by Government and other agencies.

Section 11Verify source

§ 12Protection of victims of trafficking - ConfidentialityOffence

Section Confidentiality Section At any stage of the investigation or trial of an offence under this Act, law enforcement officers, prosecutors, judicial officers and medical practitioners, as well as parties to the case, shall recognise the right to privacy of the victim of trafficking . For the purpose of subsection (1) , proceedings of the court shall be conducted in camera , outside the presence of the media, in cases involving children, sexual exploitation , and other cases where the court considers this appropriate. Any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and radio, producer or director of a film in case of the movie industry, or any person utilising trimedia facilities or information technology who publishes or causes publicity of the names and personal circumstances or any other information tending to establish the victim’s identity without authority, commits an offence and is liable, on conviction, to a fine of two hundred fifty currency points.

Section 12Verify source

§ 13Protection of victims of trafficking - Repatriation of victims of traffickingProvision

The Minister, with appropriate agencies, must facilitate repatriation of trafficking victims to and from Uganda and must verify and issue documents for Ugandan or permanent resident victims; the Minister may negotiate or facilitate extensions of residence and work permits and maintenance when repatriation would risk the victim's safety or when needed for court proceedings.

Section Repatriation of victims of trafficking Section The Minister in cooperation with the appropriate Government agencies shall be responsible for the facilitation of repatriation of victims of trafficking to and from Uganda. Where the repatriation of a Ugandan victim is likely to expose the victim to greater risks or to compromise his or her safety, the Minister may through the relevant office negotiate with the host Government for the extension of appropriate residence permits, work permits and maintenance as may be necessary to protect the victim. Where the repatriation of a foreign victim is likely to expose the victim to greater risks, or to compromise his or her safety, or where the presence of the victim is necessary for court proceedings, the Minister may facilitate the extension of appropriate residence permits, work permits and maintenance as may be necessary to protect, assist and support the victim. On getting notice of a victim of trafficking in a foreign country, the Minister shall verify whether the victim is a citizen or a permanent resident of Uganda and shall, where the victim is proved to be a Ugandan or a permanent resident without proper documentation, issue the relevant documents and other relevant authorisation to facilitate the repatriation of the victim to or from Uganda.

Section 13Verify source

§ 14Protection of victims of trafficking - RestitutionProvision

When a person is convicted of trafficking, the court must order that person to pay restitution to the victim or other person or organisation that incurred expenses on the victim’s behalf.

Section Restitution Section Where a person is convicted of trafficking in persons under this Act, the court shall, in addition to any other punishment, order that person to pay restitution to the victim or other person or organisation which may have incurred expenses on the victim’s behalf for— the costs of medical and psychological treatment; the costs of physical and occupational therapy and rehabilitation; the costs for the necessary transportation, temporary housing and child care; the costs of re-integration in society; and any other costs that the court may deem fit.

Section 14Verify source

§ 15Protection of victims of trafficking - CompensationProvision

If a person is convicted of trafficking in persons, the court may order that person to pay compensation to the victim for physical injury, emotional distress, pain and suffering, loss or damage, or any other damage the court deems fit.

Section Compensation Section Where a person is convicted of trafficking in persons under this Act, the court may in addition to any other punishment order that person to pay compensation to the victim for— physical injury; emotional distress; pain and suffering; loss or damage; or any other damage that the court may deem fit.

Section 15Verify source

§ 16Protection of victims of trafficking - Absence of victims and court awardsProvision

A victim retains the right to receive restitution or compensation even if returned to their country or absent from the jurisdiction.

Section Absence of victims and court awards Section The return of the victim to his or her country, or the absence of the victim from the jurisdiction shall not prejudice the victim’s right to receive restitution or compensation.

Section 16Verify source

Part IV

Jurisdiction

§ 17Jurisdiction - JurisdictionOffence

A case under this Act must be tried in any of three places: where the offence was committed, where any component of the offence occurred, or where the trafficked person actually resided at the time the offence was committed.

Section Jurisdiction Section A case under this Act shall be tried where the offence was committed, or where any of its components occurred, or where the trafficked person actually resided at the time of the commission of the offence.

Section 17Verify source

§ 18Jurisdiction - Extra-territorial jurisdictionOffence

The Act applies to certain offences committed outside Uganda (including where the offender is a Ugandan citizen or permanent resident, where the victim is a Ugandan citizen, where the offence is partly inside and partly outside Uganda, or where substantial effects occurred in Uganda) and provides that no proceedings shall be instituted without the written consent of the Attorney General; if consent is given proceedings may be instituted in an appropriate court which shall have jurisdiction.

Section Extra-territorial jurisdiction Section This Act shall apply to offences committed outside Uganda where— a person who, while being a citizen of, or while permanently residing in Uganda, commits an act outside Uganda, which act would constitute an offence had it been committed in Uganda; the victim was a citizen of Uganda at the time of the commission of the offence; the offence was committed partly inside and partly outside Uganda; or a substantial proportion of the effects of the offence have occurred or taken place within the territory of Uganda, provided that— no proceedings shall be instituted under this section without the written consent of the Attorney General; if the consent of the Attorney General is received under paragraph (i) , proceedings may be instituted in any appropriate court and such court shall have jurisdiction to try the matter as if the offence or offences had been committed within its jurisdiction; and a person shall not be tried for an offence under this section if that person has been acquitted or convicted of the same offence in another country.

Section 18Verify source

§ 19Jurisdiction - ExtraditionOffence

Any person charged with an offence under this Act may be extradited under existing extradition laws.

Section Extradition Section Any person charged with an offence under this Act shall be liable to extradition under the existing extradition laws.

Section 19Verify source

Part V

Prevention of trafficking in persons office

§ 20Prevention of trafficking in persons office - Designation of prevention of trafficking in persons officeProvision

The Minister must designate an office responsible for coordinating, monitoring and overseeing this Act; the designated office must perform a listed set of functions including prevention programmes, annual planning, victim protection, data collection, coordination, training, rule proposals, and other necessary activities.

Section Designation of prevention of trafficking in persons office Section The designated office shall have the following functions— The Minister shall designate an office to be responsible for the coordination, monitoring and overseeing the implementation of this Act. to formulate a comprehensive and integrated programme to prevent and suppress trafficking in persons ; to prepare an annual national plan of action on prohibition of trafficking in persons taking into account activities on prevention, prosecution, and protection; to develop measures and policies to protect, assist and support victims of trafficking, taking particular consideration of the age, gender and special needs of victims of trafficking; to establish a data bank on cases of trafficking in persons and conduct continuing research and study on the pattern and scheme of trafficking in persons which shall form the basis for policy formulation and programme direction; to engage in consultation, coordination, cooperation and advocacy with Governmental and non-governmental organisations, among other entities, to advance the object of this Act; to initiate the training and awareness of Government personnel, law enforcement officials and the public, particularly among risk groups and communities, of the dangers of trafficking and protections that are available for the victims of trafficking; to propose rules and regulations to the Minister as may be necessary for the effective implementation of this Act; and to carry out such other activities as are necessary or expedient for the full discharge of all or any of the functions conferred on it under this Act.

Section 20Verify source

Part VI

Miscellaneous

§ 21Miscellaneous - Confiscation and forfeiture of proceeds of trafficking in personsOffence

The court must order confiscation and forfeiture of proceeds and properties from the crime; if such proceeds are destroyed or hidden the offender must pay their value; the offender must pay awards of damages and costs and, if they fail to pay, these are recoverable like a civil debt.

Section Confiscation and forfeiture of proceeds of trafficking in persons Section In addition to any penalty imposed for the violation of this Act, the court shall order the confiscation and forfeiture of all the established proceeds and properties derived from the commission of the crime. Where the proceeds and properties derived from the offence have been destroyed, diminished in value or otherwise rendered worthless by an act or omission, directly or indirectly by the offender or have been concealed, removed, converted or transferred to prevent them from being found or to avoid forfeiture or confiscation, the offender shall be ordered to pay, the amount equal to the value of the proceeds or property. All awards of damages and costs of proceedings under this Act shall be paid directly by the offender, and where the offender fails to pay, the damages and costs shall be recovered like a civil debt.

Section 21Verify source

§ 22Miscellaneous - RegulationsProvision

The Minister may make regulations, by statutory instrument, to effect the implementation of the Act.

Section Regulations Section The Minister may, by statutory instrument, make regulations to effect the implementation of this Act.

Section 22Verify source

§ 23Miscellaneous - ***Provision

Section 23 has been deleted by section 3(b) of General Notice 2917 of 2024.

Section *** Section [section 23 deleted by section 3(b) of General Notice 2917 of 2024 ]

Section 23Verify source

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