The human person is sacred. The State has the obligation to respect it and to protect it. All human beings are equal before the law.
No one may be condemned to the penalty of death.
Every individual has the right to life, to the liberty, to the security and to the integrity of his person.
No one may be prosecuted, arrested, inculpated or condemned except by virtue of a law promulgated prior to the acts of which he is accused.
All accused persons are presumed innocent until their culpability has been established by the competent jurisdiction.
The right to a defense, and including that of assistance by the attorney of one's own choice, is guaranteed at all the stages of the procedure.
Any person made the object of a measure deprivative of his liberty has the right to be examined by a doctor of his choice.
No one may be detained in a penal establishment except on an order delivered by a magistrate of the judicial order.
Each has the right to express and to disseminate freely their opinions by word, pen, and image. These rights may be limited by prescriptions in the law and in respect for the honor of others.
All the citizens have the right to constitute associations and trade unions freely, under reserve of conforming to the formalities ordered in the laws and regulations.
The right to strike is recognized. It is exercised within the framework of the laws which govern it. It may in no case infringe the freedom to work.
No one may be submitted to torture, or to inhuman, cruel, degrading or humiliating actions or treatment.
Any individual, any agent of the State, or any public authority rendered culpable of such acts, either on their own initiative, or on instruction, shall be punished in accordance with the law.
Forced or compulsory labor is absolutely prohibited.
The term "forced or compulsory labor" means any work or service required of an individual under physical and / or moral constraint and for which the individual has given himself ipso jure.
However, the term "forced or compulsory labor" shall not include:
(A) any work or service required under the laws on compulsory military service and assigned to work of a purely military character;
(B) any work or service of general interest as defined by the laws on civic obligations;
(C) any work or service required of an individual as a result of a conviction by a court decision, provided that such work or service is performed under the supervision and control of the public authorities and that the said person is not granted or made available to private individuals, companies or private legal entities;
(D) any work or service required in cases of force majeure, that is to say, in the event of war, disasters or threats of disasters such as fire, floods, famines, earthquakes, epidemics and epizootics Violations, invasions of harmful animals, insects or plant pests and, in general, any circumstances which endanger or threaten the life or normal conditions of life of the whole or part of the population;
(E) small village works, that is, works carried out in the direct interest of the community by members of the community, which can be regarded as normal civic obligations to the members of the community, provided that the population itself or its direct representatives have the right to decide on the merits of such work.
A fine of 1,000,000 FD to 2,000,000 FD and one month's imprisonment is imposed and, in case of repeated offense, two months imprisonment and a double fine, or one of these two sentences only:
(A) the perpetrators of infringements of the provisions of Article 2 on the prohibition of forced labor;
Article 1: Human trafficking.
According to Article 3 of the Additional Protocol to the United Nations Convention against Crime Transnational Organized Crime Prevention, Suppression and Punishment of Trafficking in Persons, Especially Women and children, also known as the Palermo Protocol:
Trafficking in persons means:
- recruitment ;
- accommodation or reception of persons;
- the threat of recourse or the use of force or other forms of coercion;
- pick up;
- the trickery ;
- abuse of authority or a situation of vulnerability;
- the offer or acceptance of payment or benefits.
- the consent of one person having authority over another for the purpose of exploitation.
The farm comprises at least:
- exploitation of the prostitution of others or other forms of sexual exploitation;
- forced labor or services;
- slavery or practices similar to slavery;
- servitude ;
- the removal of organs.
For the purposes of this Act:
The term "trafficking in persons" refers to the recruitment, transportation, transfer, accommodation or reception of persons, by the use of threat or the use of force, other forms of coercion, kidnapping, fraud, deception, abuse of authority or a situation of vulnerability or by offering or the acceptance of payments or benefits to obtain the consent of a person having authority over another for exploitation purposes.
Exploitation purposes must include, at a minimum, pimping or other forms of exploitation sex, forced labor or services, slavery or practices similar to slavery, servitude or removal of organs or tissues and adoption for the purposes of exploitation as defined in this law.
Any consent given by a victim that has resulted in the exploitation mentioned above is never valid when any of the means set out in the preceding paragraphs has been used. In the case of a child, the offense of trafficking in human beings includes recruitment, transportation, transfer, accommodation or reception of a minor for the purpose of exploitation, even if no means have been used.
The term "kidnapping" or "kidnapping" refers to the practice of training, hijacking or moving, by fraud, threat or violence, a person from his usual place of residence or the place where he was by those having authority over it.
The term "victim" means any natural person who is subject to trafficking in persons as defined in this Act.
The term "child" refers to anyone under the age of 18.
The term "work" or "forced service" means any work or service required of a person under threat any reprisals and for which that person has not given his consent without having been threatened.
The term "vulnerability" is used to characterize the condition of any person who because of his age, his physical or mental condition and / or its economic dependency situation becomes easily exposed to exploitation.
The term "sexual exploitation" includes the use of any person in prostitution, pedophilia, sexual servitude or the production of pornographic material.
The term "slavery" means a situation in which the powers generally exercised over a property are exercised on a person;
The term "slave" means a person who is maintained in a state of servitude and whose life, liberty and goods are under the absolute control of someone else.
Article 2: The smuggling of migrants.
a. The protocol against the smuggling of migrants by land, sea and air indicates that the expression "illegal traffic” means to ensure, in order to derive directly or indirectly a financial benefit or other material advantage is the unlawful entry into a State of a person who is neither a national nor a resident permanent residence of that State.
b. The term "illegal entry" refers to the crossing of borders while entry conditions in the host State are not satisfied;
c. The term "fraudulent travel or identity document" means any travel document or identity:
i. That has been infringed or materially altered by anyone other than a person or authority legally entitled to issue or issue the travel or identity document on behalf of a State, or
ii. That has been improperly issued or obtained through misrepresentation, bribery or coercion
or in any other illegal way, or
iii. Which is used by someone other than the legitimate holder.
Article 5: The offense of trafficking in persons is: the recruitment, transfer, transportation, the accommodation or reception of persons by the use of threat or the use of force or forms of coercion, by abduction, fraud, deception, abuse of authority or a situation of vulnerability, or by offering or accepting payments or benefits to obtain the consent of a person having authority over another for the purpose of exploitation.
Exploitation includes the exploitation of the prostitution of others or other forms of exploitation sex, forced labor or services, slavery or practices similar to slavery, servitude or organ harvesting.
Article 6: The consent of a victim of trafficking in persons as defined in Article 5 above is not valid because of coercive, misleading or abusive measures used by traffickers.
Article 7: Is guilty of trafficking in persons and punished by five to ten years imprisonment anyone who commits the acts provided for in articles 5 and 6 of this law.
Article 8: Criminal imprisonment from ten to twenty years is incurred when the offense was committed in one following circumstances:
- If the victim is a minor under the age of 18;
- If the victim is particularly vulnerable because of a physical or mental disability due to pregnancy, advanced age or health status;
- If the act was committed by fraud or violence, by use of false quality, false titles or documents
falsified or altered or false authorizations;
- If the author has used narcotics or any other substance likely to alter the will of the victim;
- If the author is carrying an apparent or hidden weapon;
- If the author is an ascendant or a person having authority over the victim;
- If the victim has been confined, deprived of food or exposed in a public place;
- If the victim has been exposed to hazardous, arduous or worst forms of child labor;
- If the perpetrator has sexually abused the victim;
- In case of subtraction of a child;
- In case of reduction of the person in slavery;
- In the case of subjection of the person to hard labor;
- In case of instigation to the commission, by the person, of an act of prostitution;
- In case of instigation to the participation of the person in an obscene publication or representation;
- In case of removal of organs.
Article 9: The penalty is life imprisonment when:
- The victim is dead;
- This has resulted in mutilation or permanent disability;
- The purpose of the trafficking was the removal of organs.
Article 10: Whoever submits another person to forced labor or services within a time not exceeding one month and not resulting in both physical and mental complications will be punished from 10 to 15 years:
1. causing or threatening to cause harm to that person; or
2. by resorting to or threatening to use physical restraint against that person or any of his or her
3. by destroying, concealing, subtracting, consequently, or knowingly holding any document from travel or identity of that person; or
4. using blackmail; or
5. by causing or threatening to cause financial harm to that person or a loved one; or
6. using a ploy, plan or maneuver to convince the person that if he or she is not providing the work or services in question, she or one of her relatives will suffer serious harm or physical constraint.
Article 11: Anyone who organizes the commission of an offense of trafficking in persons or gives instructions to another person for the offense to be committed is punishable by the same penalty as the offender.
Article 12: Anyone who attempts to commit any of the offenses covered by this law is punished as if the offense had been committed. The attempt is punishable by the same penalty for the commission of the offense.
Article 13: Anyone who knowingly conceals all or part of things, objects and property abducted or obtained with a crime relating to trafficking in persons will be recognized as an accomplice to the crime and punished for human trafficking.
Offenses committed by legal persons
Article 14: If an offense under this Act has been committed by a legal person and if the proof is that it has been with the consent or connivance or is attributable to the negligence of a person acting as director, secretary or other officer of the corporation or a person who was supposed to act on any of those securities, the person physical and legal person are guilty of the prosecution and punishment provided for in this Act.
Trafficking in human beings is defined as the process by which any person is recruited, removed, transported, transferred, harboured or housed in the interior or exterior of the national territory by one or more persons or corporations by means of menace or by other forms of constraint, by fraud, by deception, by misappropriation, by abuse of authority to an end of exploitation.
To be considered trafficking, anyone who is guilty of at least one of the acts in article 2.
Accomplices of the offense are those who knowingly have:
A penalty of imprisonment of two to five years and a fine of 500,000 FDJ and 1,000,000 FDJ or one of these two penalties alone shall be imposed on anyone who engages in trafficking in human beings. Regardless of the place of departure and destination of that person.
Anyone who is an accomplice in the trafficking of human beings is punished with the same punishment.
The attempt to traffic in human beings is punishable:
Imprisonment of one to two years and a fine of 100,000 to 500,000 FDJ or one of these two penalties only.
Everyone is guilty of trafficking in human beings committed in the following circumstances: 10 to 15 years' imprisonment and a fine of 500,000 to 5,000,000 FDJ;
The judge may order the confiscation of all objects and materials used in the trafficking process.
Everyone who knowingly facilitates the trafficking of human beings is punished from six months to one year of imprisonment.
In the case of a second offense the penalty shall be doubled.
A penalty of between one and five years' imprisonment and a fine of 500,000 to 1,000,000 FDJ or of one of these two penalties alone shall be imposed on anyone who solicits, approves gifts, promises, benefits Of any kind with a view to facilitating trafficking in human beings.
The penalty shall be doubled if the author is an officer of the administration who has acted in the performance of his duties
TITLE V - TRAFFICKING IN PERSONS AND SMUGGLING OF MIGRANTS
The act of committing any of the following acts, for the purpose of exploiting, recruiting, transporting, transferring, harbouring or receiving persons, by means of the threat or use of force or other forms of coercion, of abduction, fraud, deception, abuse of authority or of a position of vulnerability, or by offering or accepting payments or benefits to obtain the consent of a person having control over another, shall be punishable by 10 years' imprisonment and 10. 000,000 fine.
The purposes of exploitation shall include, inter alia, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
The consent of a victim of any of the offences set forth in this article to exploitation shall be irrelevant where any of the means set forth in paragraph 1 have been used.
The offences provided for in this article, when committed for the purpose of exploitation of minors, are punishable by 15 years imprisonment and a fine of 10,000,000 FD, regardless of the use of any of the means mentioned in the first paragraph of this article.
Organising the commission of an offence established in accordance with this Article or instructing others to commit it shall be punished by 15 years' imprisonment and a fine of 15,000,000 FD.
The act of committing any of the following acts in order to obtain, directly or indirectly, a financial or other material benefit, shall be punishable by 5 years' imprisonment and a fine of FD 3,000,000.
- ensuring the illegal entry into a State of a person who is neither a national nor a permanent resident of that State ;
- to manufacture, procure, provide or possess a fraudulent travel or identity document in order to permit the illegal entry described in paragraph 1;
- permit a person who is neither a national nor a permanent resident to remain in the State, without meeting the conditions necessary for legal residence, by any unlawful means, in order to permit unlawful entry as described in paragraph 1.
The offences provided for in this article are aggravated and punishable by 10 years' imprisonment and 5,000,000 FD :
* when they are committed in such a way as to endanger or risk endangering the life or safety of the migrants concerned or ;
* when inhuman or degrading treatment of migrants is committed, including for exploitation.
Legal persons may be declared criminally liable under the conditions provided for in Article 21 of the Criminal Code.