Mauritius

Section 3: Fundamental rights and freedoms of the individual
It is hereby recognised and declared that in Mauritius there have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, each and all of the following human rights and fundamental freedoms
a. the right of the individual to life, liberty, security of the person and the protection of the law;
b. freedom of conscience, of expression, of assembly and association and freedom to establish schools, and
c. the right of the individual to protection for the privacy of his home and other property and from deprivation of property without compensation,
and the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
Section 5: Protection of right to personal liberty
(1) No person shall be deprived of his personal liberty save as may be authorised by law
Section 6: 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) 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 person is required by law to perform in place of such service; or
(d) any labour required during a period of public emergency or in the event of any other emergency or 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 other emergency or calamity, for the purpose of dealing with that situation.
Section 7: Protection from inhuman treatment
(1) No person shall be subjected to torture or to inhuman or degrading punishment or other such treatment.
Section 15: Protection of freedom of movement
(1) No person shall be deprived of his freedom of movement, and for the purposes of this section, that freedom means the right to move freely throughout Mauritius, the right to reside in any part of Mauritius, the right to enter Mauritius, the right to leave Mauritius and immunity from expulsion from Mauritius.

THE CONSTITUTION OF MAURITIUS 1968 (WITH AMENDMENTS THROUGH 2011) (PDF)

Section 253: Procuring, enticing and exploiting prostitute
(1) Any person who, to gratify the passions of another and for gain –
(a) procures, entices or leads away, for purposes of prostitution, another person;
(b) exploits, or is an accomplice in, the prostitution of another person, even with the consent of that person;
(c) draws a benefit from the prostitution of some other person, shares the earnings of, or receives subsidies from, another person who habitually indulges in prostitution,
shall commit an offence.
(2) Any person who commits, or is an accomplice in the commission of, any of the offences mentioned in subsection (1) shall commit an offence regardless of motives or gain where –
(a) the person procured, enticed, led away, exploited, in relation to whose prostitution a benefit is drawn, whose earnings are shared or from whom subsidies are received is less than 18 years of age at the time of the offence;
(b) the person is procured, enticed, led away or exploited for the purpose of being sent abroad;
(c) the person is procured, enticed, led away or exploited by the use of fraud, deceit, threat, violence or any other means of duress.
(3) No person shall be convicted of an offence under this section upon the evidence of one witness, unless such witness is corroborated in some material particular by evidence implicating the accused.
(4) Any person guilty of an offence under this section shall be liable on conviction to imprisonment for a term which, notwithstanding section 152 of the Criminal Procedure Act, shall be not less than 2 years nor more than 10 years together with a fine not exceeding 100,000 rupees.
(5) Part X of the Criminal Procedure Act and the Probation of Offenders Act shall not apply to a person liable to be sentenced under this section.

CRIMINAL CODE (PDF)

Section 90: Brothel keeping
(1) Any person who –
(a) keeps or manages, or assists in the keeping or management of a brothel;
(b) being the tenant, lessee or occupier, or person in charge of any premises, permits those premises or any part of them to be used as a brothel; or
(c) being the landlord or lessor of any premises or the agent of such landlord or lessor, lets or continues to let the premises or any part of them with the knowledge that the premises or any part of them are or is to be used as a brothel, or is wilfully a party to the continued use of the premises or any part of them as a brothel, shall commit an offence and shall, on conviction, be liable subject to subsection (2), to a fine not exceeding 200,000 rupees together with imprisonment for a term not exceeding 10 years.
(2)
(a) Notwithstanding sections 150 to 153 of the Criminal Procedure Act, a person charged under subsection (1)(b) for having permitted a minor to use the premises as a brothel shall, on conviction, be liable to imprisonment for a term of not less than 2 years.
(b) Part X of the Criminal Procedure Act and the Probation of Offenders Act shall not apply to a person liable to be sentenced under paragraph (a).
(3) In this section, “brothel” means any premises or any part thereof resorted to by persons of both sexes for the purpose of prostitution.
(4) No prosecution shall be entered under this section except by direction of the Director
Section 91A: Importuning
Any person who solicits or importunes another person in a public place for an immoral purpose, shall commit an offence and shall, on conviction, be liable to imprisonment for a term not exceeding 2 years or to a fine not exceeding 50,000 rupees.

Section 2: Interpretation
In this Act –
“exploitation” includes –
(a) all forms of slavery or practices similar to slavery, including forced marriage;
(b) sexual exploitation;
(c) forced labour; and
(d) the illegal removal of body organs;
“forced labour” means labour or services obtained or maintained through threats, the use of force, intimidation or other forms of coercion, or physical restraint;
“sexual exploitation” means obtaining financial or other benefits through the involvement of another person in prostitution or in other kinds of sexual services, including pornographic acts or the production of pornographic materials, as a result of subjecting another person to one of the means listed in paragraph (a) of the definition of “trafficking”;
“slavery” means the exercise of any or all of the powers attaching to the right of ownership over a person;
“trafficking” means –
(a) the recruitment, sale, supply, procurement, capture, removal, transportation, transfer, harbouring or receipt of a person –
(i) by the use of threat, force, intimidation, coercion, abduction, fraud, deception, abuse of power or abuse of a position of vulnerability; or
(ii) by the giving or receiving of payments or benefits to obtain the consent of a person having control or authority over another person; or
(b) the adoption of a person facilitated or secured through illegal means, for the purpose of exploitation;
Section 11: Trafficking in persons
(1)
(a) Any person who traffics another person or allows another person to be trafficked shall commit an offence.
(b) It shall not be a defence to a charge under paragraph (a) that a person who is a victim of trafficking, or a person having control or authority over a minor who is a victim of trafficking, has consented to the act which was intended to constitute trafficking.
(2) Any person who knowingly –
(a) leases a room, house, building or establishment or subleases or allows it to be used, for the purpose of harbouring a victim of trafficking; or
(b) advertises, publishes, prints, broadcasts, distributes, or causes the advertisement, publication, broadcast or distribution of, information which suggests or alludes to trafficking by any means, including the use of the internet or other information technology, shall commit an offence.
(3)
(a) Every internet service provider operating in Mauritius shall be under a duty to report to the Police forthwith any site on its server which contains information in contravention of subsection (2)(b).
(b) Any internet service provider who fails to comply with paragraph (a) shall commit an offence.
(4) Any person who knowingly benefits, financially or otherwise, from the services of a victim of trafficking or uses, or enables another person’s usage of, the services of a victim of trafficking shall commit an offence.
Section 12: Possession or concealment of document
Any person who, without good cause, has in his possession, destroys, confiscates, conceals or tampers with any actual or purported identification document, passport or other travel document of a victim of trafficking shall commit an offence.
Section 14: Penalties
(1) Any person who commits an offence under section 11 shall, on conviction, be liable to penal servitude for a term not exceeding 15 years.
(2) Any person who commits an offence under section 12 shall, on conviction, be liable to imprisonment for a term not exceeding 5 years and to a fine not exceeding 100,000 rupees.
(3) The Community Service Order Act, Part X of the Criminal Procedure Act and the Probation of Offenders Act shall not apply to a person liable to be sentenced under subsection (1).

COMBATING OF TRAFFICKING IN PERSONS AC 2009 (PDF)

2. Interpretation
In this Act—
“crime against humanity” has the same meaning as in the Statute and in Part I of the Schedule;
“war crime” has the same meaning as in the Statute and in Part III of the Schedule.
4. International crimes
(1) Notwithstanding any other enactment, any person who commits—
(a) a crime against humanity;
(b) genocide; or
(c) a war crime,
shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 45 years.
(2) Any person who—
(b) contributes to the commission of an international crime by a group of persons acting with a common purpose, where such contribution is intentional and is either—
(i) made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the International Criminal Court; or
(ii) made in the knowledge of the intention of the group to commit the crime,
shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 45 years.

INTERNATIONAL CRIMINAL COURT ACT 2011 (PDF)

Section 14
(1) Any person who causes, incites or allows any child –
(a) to be sexually abused by him or another person;
(b) to have access to a brothel;
(c) to engage in prostitution,
shall commit an offence.
Under Subsection 2, for the purpose of subsection (1)(a), a child shall be deemed to be sexually abused when he has taken part whether as a willing or unwilling participant or observer in any act which is sexual in nature for the purpose of –
(a) another person’s gratification;
(b) any activity of pornographic, obscene or indecent nature;
(c) any other kind of exploitation by any person.

THE CHILD PROTECTION ACT (PDF)