17. Personal liberty
no-one shall be detained except—
f. with his consent; or
g. as authorized by law in the cases set out in subsection (2).
18. Slavery and forced labour
a. the succeeding provisions of this section; and
b. section 32 (foreign disciplined forces); and
c. section 33 (hostile disciplined forces); and
d. section 36 (restrictions on certain rights and freedoms during public emergencies), no-one shall—
e. be held in slavery or servitude; or
f. be required to perform forced labour.
2. For the purposes of this section—
a. slavery or servitude includes slavery or servitude within the meaning of any international or multinational convention or treaty prohibiting slavery or servitude to which Tuvalu is a party; and
b. forced labour does not include—
i. labour required by or in consequence of the sentence or order of a court; or
ii. labour required in accordance with law of a person while he is lawfully detained that is reasonably necessary in the interests of hygiene or for the maintenance of the place where he is detained; or
iii. labour required in accordance with law of a member of a disciplined force as a member of that force; or
iv. in the case of a person who proves that he has a conscientious objection to compulsory service as a member of a naval, military or air force—labour which he is required by law to perform in place of such service; or
v. labour required in accordance with law—
A. during a period of public emergency within the meaning of Division 4 (Public Emergencies); or
B. in the event of any other emergency or calamity that threatens the life or wellbeing of the community or a part of the community, to the extent that the requirement is reasonably justified for the purpose of dealing with any situation arising or existing by reason of the public emergency or the other emergency or calamity; or
vi. in the case of a person under the age of 18 years—labour required in the reasonable exercise of the authority of a parent, teacher or guardian; or
vii. labour reasonably required as part of reasonable and normal traditional, communal or civic obligations, including any service required in accordance with section 23(7) (which relates to the performance of certain services instead of other traditional, etc., obligations).
26. Freedom of movement
no-one shall be deprived of—
g. the right to move freely throughout Tuvalu; or
h. the right to reside anywhere in Tuvalu; or
i. the right to enter and to leave Tuvalu,
and no-one shall be expelled from Tuvalu.
42 General punishment for misdemeanours
When in this Code no punishment is specially provided for any misdemeanour, it shall be punishable with imprisonment for 2 years and with a fine.
(1) Any person who —
(a) procures or attempts to procure any girl or woman under the age of 18 years, to have unlawful sexual intercourse, either in Tuvalu or elsewhere, with any other person or persons; or
(b) procures or attempts to procure any woman or girl to become, either in Tuvalu or elsewhere, a common prostitute; or
(c) procures or attempts to procure any woman or girl to leave Tuvalu, with intent that she may become an inmate of or frequent a brothel elsewhere; or
(d) procures or attempts to procure a woman or girl to leave her usual place of abode in Tuvalu (such place not being a brothel), with intent that she may for the purposes of prostitution become an inmate of or frequent a brothel either in Tuvalu or elsewhere,
shall be guilty of a misdemeanour, and shall be liable to imprisonment for 2 years:
Provided that no person shall be convicted of any offence against this section upon the evidence of 1 witness only, unless such witness be corroborated in some material particular by evidence implicating the accused.
(2) It is no defence to any charge under this section to show that the girl or woman procured was procured with her consent.
137 Procuring defilement of woman by threats or fraud or administering drugs
Any person who —
(a) by threats or intimidation procures or attempts to procure any woman or girl to have sexual intercourse either in Tuvalu or elsewhere; or
(b) by false pretences or false representations procures any woman or girl to have sexual intercourse, either in Tuvalu or elsewhere; or
(c) applies, administers to, or causes to be taken by any woman or girl any drug, matter or thing, with intent to stupefy or overpower so as thereby to enable any person to have sexual intercourse with such woman or girl,
shall be guilty of a misdemeanour, and shall be liable to imprisonment for 2 years:
Provided that no person shall be convicted of an offence under this section upon the evidence of 1 witness only, unless such witness be corroborated in some material particular by evidence implicating the accused.
140 Detention with intention or in a brothel
(1) Any person who detains any woman or girl against her will —
(a) in or upon any premises with intent that she may have unlawful sexual intercourse with any man, whether any particular man, or generally; or
(b) in a brothel,
shall be guilty of a misdemeanour, and shall be liable for imprisonment for 2 years.
(2) When a woman or girl is in or upon any premises for the purpose of having unlawful sexual intercourse, or is in any brothel, a person shall be deemed to detain such woman or girl in or upon such premises or in such brothel if, with intent to compel or induce her to remain in or upon such premises or in such brothel, such person withholds from such woman or girl any wearing apparel or other property belonging to her, or where wearing apparel has been lent or otherwise supplied to such woman or girl by or by the directions of such person, such person threatens such woman or girl with legal proceedings if she takes with her the wearing apparel so lent or supplied.
(3) No legal proceedings, whether civil or criminal, shall be taken against any such woman or girl for taking away or being found in possession of any such wearing apparel, as was necessary to enable her to leave such premises or brothel.
241 Definition of kidnapping and abduction
For the purposes of this Part —
(a) any person who conveys any person beyond the limits of Tuvalu without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person; and
(b) any person who by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.
242 Punishment for kidnapping
Any person who kidnaps any person is guilty of a felony and shall be liable to imprisonment for 7 years.
244 Kidnapping or abducting in order to subject person to grievous harm, slavery, etc.
Any person who kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to put in danger of being subjected, to grievous harm, or slavery, the unnatural lust of any person, or knowing it to be likely at such person will be so subjected or disposed of, is guilty of a felony, and shall be liable to imprisonment for 10 years.
246 Child stealing
Any person who unlawfully, either by force or fraud, leads or takes away, or decoys or entices away, or detains any child under the age of 14 years with intent to deprive any parent, guardian or other person having the lawful care or charge of such child of the possession of such child or with intent to steal any article upon or about the person of such child, to whomsoever such article may belong; and any person who with any such intent, receives or harbours any such child, knowing the same to have been by force or fraud led, taken, decoyed, enticed away, or detained, as in this section before mentioned, is guilty of a felony, and shall be liable to imprisonment for 7 years:
Provided that no person who shall have claimed in good faith any right to the possession of such child, or is the mother or shall have claimed to be the father of an illegitimate child, shall be liable to be prosecuted by virtue hereof on account of the getting possession of such child, or taking such child out of the possession of any person having the lawful charge thereof.
248 Punishment for wrongful confinement
Whoever wrongfully confines any person is guilty of a misdemeanour and shall be liable to imprisonment for 1 year or to a fine of $400.
249 Unlawful compulsory labour
Any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour.
(1) In this Act, unless the context otherwise requires:
“exploitation” includes all forms of sexual exploitation (including sexual servitude and exploitation of another person’s prostitution), forced labouror services, slavery or practices similar to slavery, servitude and the removal of organs;
“specified means” means any of the following:
(b) use of force or other forms of coercion;
(f) abuse of power or of a position of vulnerability;
(g) giving or receiving payments or benefits to achieve the consent of a person having control over another person;
“trafficking in persons” means the recruitment, transportation, transfer, harbouring or receipt of a person for the purpose of exploitation;
67 Offence of trafficking in persons
(1) A person must not engage in trafficking in a person or be involved in the arranging of trafficking in a person, knowing that the person’s entry into Tuvalu or any other state is or was arranged by specified means.
(2) Any person who breaches subsection (1) commits an offence and is liable on conviction to an imprisonment term not exceeding 25 years.
68 Offence of trafficking in children
(1) A person must not intentionally engage in trafficking in a person who is a child or be involved in the arranging of trafficking in a person who is a child, regardless of whether the child's entry into Tuvalu, or any other state is or was for arranged by specified means.
(2) Any person who breaches subsection (1) commits an offence and is liable on conviction to an imprisonment term not exceeding 20 years.
69 Exploitation of people not legally entitled to work
(1) An employer who allows an unlawful employee to undertake employment in the employer's service must not take an action with the intention of preventing or hindering the employee from:
(a) leaving Tuvalu; or
(b) ascertaining or seeking that person's entitlement under the law of Tuvalu;
(c) disclosing to any person the circumstances of that person's employment by the employer.
(2) Without the limiting the generality of subsection (1), the following are examples of actions of the kind mentioned in that subsection:
(a) taking or retaining possession or control of a person's passport, any other travel or identity document, or travel tickets;
(b) preventing or hindering a person from:
(i) having access to a telephone; or
(ii) using a telephone; or
(iii) using a telephone privately; or
(iv) leaving premises; or
(v) leaving premises unaccompanied;
(c) preventing or hindering a labour officer from entering or having access to any place or premises to which the person is entitled to have access under any law.
(3) Any person who breaches subsection (1) commits an offence and is liable on conviction to an imprisonment term not exceeding 15 years.
70 Consent of trafficked person
For sections 67 and 68, it is not a defense:
(a) that the trafficked person consented to the intended exploitations; or
(b) that the intended exploitation did not occur.