Barbados

Section 14. Protection from slavery and forced labour.

(1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced labour.

(3) For the purposes of this section, the expression “forced labour” does not include—

(a) Any labour required in consequence of the sentence or order of a court;

(b) Any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;

(c) Any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service; or

(d) Any labour required during any period when Barbados is at war or in the event of any hurricane, earthquake, flood, fire or other like calamity that threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that calamity, for the purpose of dealing with that situation.

The Constitution of Barbados Protection of Fundamental Rights and Freedoms of the Individual (PDF)

33. Buying or disposing of person as slave

Any person who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave is guilty of an offence and is liable on conviction on indictment to imprisonment for life.

34. Unlawful compulsory labour

Any person who unlawfully compels any person to labour against the will of that person is guilty of an offence and is liable on summary conviction to imprisonment for a term of six months

Offences Against the Person Act 1994 (PDF)

3. Offence of trafficking in persons

3(1) A person who, for the purpose of exploitation by any of the means specified in subsection (2)

• recruits, transports, transfers, harbours or receives persons into or within Barbados;
• recruits, transports or transfers persons from Barbados to another jurisdiction; or
• receives or harbours persons from Barbados in another jurisdiction, is guilty of the offence of trafficking in persons and is liable on conviction on indictment, to a fine of $1 000 000 or to imprisonment for 25 years or to both.

(2) The means referred to in subsection (1) are

• threats or the use of force or other forms of coercion;
• abduction;
• fraud or deception;
• the abuse of power or the abuse of a position of vulnerability; or
• the giving or receiving of payment or benefits to achieve the consent of a person having control over another person.

(3) A person who incites or directs another person to traffic in persons is guilty of the offence of trafficking in persons and is liable on conviction on indictment, to a fine of $1 000 000 or to imprisonment for 25 years or to both.

(4) For the purposes of subsection (1), coercion

• means violent coercion; or
• non-violent or psychological coercion, such as
• threats of serious harm to or physical restraint against a person;
• the abuse or threatened abuse of legal process; or
• any scheme, plan or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against a person.

4. Trafficking in children

4(1) A person who for the purpose of exploitation:

• recruits, transports, transfers, harbours or receives a child into or within Barbados;
• receives or harbours a child from Barbados in another jurisdiction; or
• recruits, transports or transfers a child from Barbados to another jurisdiction,

is guilty of the offence of trafficking in children and is liable on conviction on indictment to a fine of $2 000 000 or to imprisonment for life or to both.

(2) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation is sufficient to establish the offence of trafficking in children.

(3) A person who incites or directs another person to traffic in children is guilty of the offence of trafficking in children and is liable on conviction on indictment, to a fine of $2 000 000 or to imprisonment for life or to both.

8.

(1) Any person who, for the purpose of exploitation of another person organizes or facilitates

(a) the entry or proposed entry of the other person into Barbados;

(b) the exit or proposed exit of the other person from Barbados; or

(c) the receipt of the other person into Barbados, by any of the means specified in subsection (6) and thereby obtains the compliance of the other person in respect of the entry or proposed entry or the exit or proposed exit or in respect of that receipt,

is guilty of the offence of trafficking in persons.

(2) Any person who

(a) organizes or facilitates

(i) the entry or proposed entry;

(ii) the exit or proposed exit; or

(iii) the receipt of another person in accordance with subsection (1); and

(b) in organizing or facilitating that action, is reckless as to whether the other person will be exploited after that entry or proposed entry or after that exit or proposed exit or after the receipt of that person,

is guilty of the offence of trafficking in persons.

(3) Any person referred to in paragraph (a), (b) or (c) of subsection (1), who deceives the other person about the fact that the entry or proposed entry or receipt of the other person or any arrangements for the stay of the other person in Barbados will involve

(a) the provision by the other person of sexual services;

(b) the exploitation or debt bondage of the other person;

(c) the removal of human organs or human tissue; or

(d) the confiscation of the travel or identity documents of the other person,

is guilty of the offence of trafficking in persons.

(4) Any person referred to in paragraph (a), (b) or (c) of subsection (1), who

(a) arranges or knows of an arrangement for the other person to

(i) provide sexual services;

(ii) provide forced labour, slavery, servitude or a similar practice; or

(iii) have any human organs or human tissue removed; and

(b) deceives the other person about any of the following:

(i) the nature of the sexual services to be provided;

(ii) the extent to which the other person will be free to leave the place or area where the other person provides sexual services;

(iii) the extent to which the other person will be free to cease providing sexual services;

(iv) the extent to which the other person will be free to leave his place of residence;

(v) where there is a debt owed or claimed to be owed by the other person in connection with the arrangement for the other person to provide sexual services, the quantum or the existence of the debt owed or claimed to be owed; and

(vi) where there will be a removal of a human organ or human tissue in circumstances amounting to exploitation, the removal of that organ or human tissue,

is guilty of the offence of trafficking in persons.

(5) A person who for the purpose of exploitation, recruits, transports, transfers, harbours or receives a person referred to in subsection (1) by any of the means specified in subsection (6) is guilty of the offence of trafficking in persons.

(6) The means referred to in subsections (1) and (5) are

(a) threats or use of force or other forms of coercion;

(b) abduction;

(c) deception or fraud;

(d) the abuse of

(i) power; or

(ii) a position of vulnerability;

(e) the giving or receiving of payments or of a benefit in order to obtain the consent of a person who has control over another person.

10.

(1) The consent of a victim of trafficking in persons is immaterial to the commission of the offence of trafficking in persons.

(2) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be regarded as trafficking in persons even where the recruitment, transportation, transfer, harbouring or receipt did not involve any of the means specified in section 8(6).

(3) Notwithstanding the provisions of any other law, all legal proceedings conducted in relation to the offence of trafficking in persons shall be conducted in camera.

13.

(1) Where a person is convicted of the offence of trafficking in persons under section 8 and the victim of the offence

(a) is a child, that person is liable on conviction on indictment to imprisonment for life;

(b) is not a child, that person is liable on conviction on indictment to a fine of $1 500 000 or to imprisonment for 15 years or to both.

(2) A person who is convicted of an offence under

(a) section 9(1), is liable on conviction on indictment to a fine of $1 500 000 or to imprisonment for 15 years; or

(b) section 9(2), is liable on conviction on indictment to a fine of $2 000 000 or to imprisonment for 25 years or to both.

(3) Where a person is convicted of an offence of trafficking, the court may, in addition to any penalty imposed pursuant to this section, order that person to pay restitution to the victim.

(4) Restitution must compensate, where applicable, for any of the following:

(a) costs of medical and psychological treatment;

(b) costs of physical and occupational therapy and rehabilitation;

(c) costs of necessary transportation, temporary housing and child care;

(d) lost income;

(e) attorney's fees and other legal costs;

(f) compensation for emotional distress, pain and suffering;

(g) any other losses suffered by the victim which the court considers applicable.

(5) Notwithstanding subsection (3), where the property of a person convicted under this Act is forfeited, under the Proceeds of Crime Act or any other relevant Act, restitution shall be paid to the victim as far as possible, from that property or the proceeds thereof.