159. Article 1 of the aforementioned law provides for and penalizes human
trafficking for purposes of sex, labour or forced services or slavery and extends
the penalization to national and transnational forms of human trafficking. The
sanctions provided for under the aforementioned Law n°2005-06 against
perpetrators of human trafficking are 5 to 10 years imprisonment and a fine of
between CFAF 5 and 20 million.
160. Article 15 of Law n° 2005-06 provides for victims of such acts the right to
request for their provisional or permanent maintenance on the national territory
with the status of a resident or refugee in addition to the possibility of taking
legal action against the traffickers.
161. Two interministerial Councils chaired by the Prime Minister50 assisted in
determining the modalities for the implementation of 28 recommendations
contained in the National Action Plan prepared for the purpose of combating
this canker. The requirements for combating the phenomenon necessitated the
establishment of a National Task Force for Combating Human Trafficking
comprising all concerned Ministries including civil society51.
162. Under the authority of this task force, its role consists in:
Playing a monitoring and watchdog role in combating trafficking ;
Report all known cases of trafficking to the prosecution authorities ;
Establish regional bodies for combating human trafficking ;
Define and implement a sensitization policy among the population ;
Link up and seek the opinion of civil society and development partners
regarding the task force’s actions and programmes ;
Propose all legislative and regulatory amendments that inure to
improving legislation relating to combating human trafficking.
163. On its part, the Ministry of Justice, in enforcing the aforementioned
legislation, sent a circular52 to the judicial authorities (prosecution and
sentencing) urging them to rigorously apply the law when handling cases
relating to human trafficking in general and economic exploitation of children
through begging, in particular. Stern instructions were issued to prosecutors to
systematically prosecute perpetrators of this crime, make firm submissions and
appeal against any ruling that is not consistent with their submissions.
164. The results of this firm policy are already positive since data collected from
the prosecutors indicate many cases of prosecution and sentencing of alleged
perpetrators of human trafficking53.
50
51
52
19 October 2009 and 24 August 2010 respectively.
See
Decree No 09051 of 08 August 2010 by the Prime Minister
See Circular No 4131 of 11 August 2010 by the Minister of Justice.
53
Cf. The Attorney General’s Office, Abou Thiam et al vs. Souleymane Ndiaye (29 June 2010) in which a Koranic
teacher was sentenced to a year’s custodial sentence by the Court for flagrant offences of maltreatment of a child
38