Ghana Act or statute

Parliament of Ghana

Human Trafficking Act, 2005 (Act 694)

This section defines human trafficking and lists forms of exploitation that count as trafficking. A person must not traffic another person or act as an intermediary for trafficking; doing so is an…

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Jurisdiction: Ghana
Structure: 42 provisions
Citation: Act 694
Dates: Undated source snapshot

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Purpose and legislative effect

“This section defines human trafficking and lists forms of exploitation that count as trafficking.”

This section defines human trafficking and lists forms of exploitation that count as trafficking. A person must not traffic another person or act as an intermediary for trafficking; doing so is an offence punishable on summary conviction by at least five years’ imprisonment. A person must not provide another person for trafficking, even if the person is a parent. Using a trafficked person is prohibited and can lead to a criminal offence and at least five years’ imprisonment on summary conviction. This provision says that “means of conveyance in trafficking” includes public transport and transport by land, water, or air.

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Meaning of trafficking

This section defines human trafficking and lists forms of exploitation that count as trafficking.

Section 1

Receipt of complaint by police

When a police officer receives a complaint, the officer must take statements, record the complaint, help the victim get medical care or a safe place if needed, and explain the victim’s rights and possible support. A child’s statement mu…

Section 11

Objective of the Fund

The Fund’s money must be used for support and rehabilitation-related purposes for victims of trafficking and trafficked persons.

Section 22

Secretariat of Management Board

The Management Board must have a secretariat, and the Ministry must provide the facilities and personnel needed for the Board’s functions.

Section 32

Interpretation

This section defines key terms used in the Act, including “child,” “authorised officer,” “Fund,” and “Minister.”

Section 42

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Showing 42 of 42 provisions

Provision 29Offence 12Interpretation

§ 1Meaning of traffickingProvision

This section defines human trafficking and lists forms of exploitation that count as trafficking.

Section 1—Meaning of trafficking (1) Human trafficking means the recruitment, transportation, transfer, harbouring, trading or receipt of persons within and across national borders by (a) the use of threats, force or other forms of coercion, abduction, fraud, deception, the abuse of power or exploitation of vulnerability, or (b) giving or receiving payments and benefits to achieve consent. (2) Exploitation shall include at the minimum, induced prostitution and other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. (3) Placement for sale, bonded placement, temporary placement, placement as service where exploitation by someone else is the motivating factor shall also constitute trafficking. (4) Where children are trafficked, the consent of the child, parents or guardian of the child cannot be used as a defence in prosecution under this Act, regardless of whether or not there is evidence of abuse of power, fraud or deception on the part of the trafficker or whether the vulnerability of the child was taken advantage of. 4

Section 1Verify source

§ 2Prohibition of traffickingOffence

A person must not traffic another person or act as an intermediary for trafficking; doing so is an offence punishable on summary conviction by at least five years’ imprisonment.

Section 2—Prohibition of Trafficking (1) A person shall not traffic another person within the meaning of section 1 or act as an intermediary for the trafficking of a person. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to imprisonment for a term of not less than five years. (3) For purposes of this section, an intermediary is someone who participates in or is concerned with any aspect of trafficking under this Act who may or may not be known to the family of the trafficked person. (4) To be concerned with an aspect of trafficking in this Act means (a) to send to, take to, consent to the taking to or to receive at any place any person for the purposes of trafficking, or (b) to enter into an agreement whether written or oral, to subject any party to the agreement or subject any other person to trafficking.

Section 2Verify source

§ 3Provision of trafficked person prohibitedOffence

A person must not provide another person for trafficking, even if the person is a parent.

Section 3—Provision of trafficked person prohibited (1) A person who provides another person for purposes of trafficking commits an offence even where the person is a parent. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years.

Section 3Verify source

§ 4Use of trafficked persons prohibitedOffence

Using a trafficked person is prohibited and can lead to a criminal offence and at least five years’ imprisonment on summary conviction.

Section 4—Use of trafficked persons prohibited A person who uses a trafficked person commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years.

Section 4Verify source

§ 5Conveyance in traffickingProvision

This provision says that “means of conveyance in trafficking” includes public transport and transport by land, water, or air.

Section 5—Conveyance in trafficking Means of conveyance in trafficking includes use of public transport and other forms of transport such as conveyance by land, water or air.

Section 5Verify source

§ 6Duty to informOffence

A person who knows about trafficking must inform the police and may also inform certain other bodies.

Section 6—Duty to inform (1) A person with information about trafficking (a) shall inform the police, or (b) may inform (i) the Commission of Human Rights and Administrative Justice, (ii) the Department of Social Welfare, (iii) the Legal Aid Board, or (iv) a reputable Civil Society Organisation. (2) A person who fails to inform the police commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units or a term of imprisonment not less than twelve months or to both. 5

Section 6Verify source

§ 7Special mitigating factorsOffence

A court may give a lesser prison term when special mitigating circumstances make the minimum sentence harsh, but the sentence must also include a fine of at least 500 penalty units.

Section 7—Special mitigating factors Where a court in sentencing a person convicted under section 3 or 4 finds that there are special circumstances related to the offence or the offender, and that the imposition of the minimum sentence in respect of the offence is harsh, it may sentence the accused to a lesser term of imprisonment in addition to a fine of not less than five hundred penalty units.

Section 7Verify source

§ 8Application Complaints and arrestOffence

A person may be tried and punished in Ghana for trafficking if the act would have been trafficking under Ghana’s courts jurisdiction.

Section 8—Application A person is liable to be tried and punished in Ghana for trafficking if the person does an act which if done within the jurisdiction of the courts in this country would have constituted the offence of trafficking. Complaint and arrest

Section 8Verify source

§ 9Filing of complaint to policeOffence

People connected to trafficking may file a complaint with the police or other security services, and some others may file for the victim in specified situations.

Section 9—Filing of complaint to police (1) A victim of trafficking or a person with information about trafficking may file a complaint with the police or other security services at the place where (a) the offender resides, (b) the victim resides, (c) the trafficking occurred or is occurring, or (d) the victim is residing temporarily, if the victim has left his or her normal place of abode. (2) A child may be assisted by a next friend to file a complaint on trafficking. (3) Despite subsection (1), a complaint about trafficking shall be filed by a social welfare officer, probation officer, health care provider, teacher, district labour officer or any other person where the intervention is in the best interest of the victim. (4) Where a victim is for any reason unable to file a complaint personally, a member of the victim's family or any person with knowledge of the offence may file a complaint on behalf of the victim. (5) Where a person who could have been a complainant under this Act has died, the complaint may be made by the next of kin or a person with knowledge of the offence.

Section 9Verify source

§ 10Police assistanceProvision

Police officers must respond to requests for assistance from trafficking and offer protection even if the reporter is not the victim.

Section 10—Police assistance (1) A police officer shall respond to a request by any person for assistance from trafficking and shall offer protection in a case of alleged trafficking even where the person reporting is not the victim of the trafficking. (2) A police officer who fails to respond to a request for assistance shall on a report filed by the complainant to a superior officer be subject to Police Service disciplinary precedure.

Section 10Verify source

§ 11Receipt of complaint by policeProvision

Section 11—Receipt of complaint by police (1) Where a police officer receives a complaint, the officer shall (a) take a statement from the parties and witnesses, 6 (b) record the complaint in detail and provide a copy of the written report to the victim, (c) assist the victim to obtain medical treatment where necessary, (d) assist the victim to a place of safety if the victim expresses concern about safety, and (e) inform the victim of his or her rights and any basic material support which may be available to assist the victim. (2) A police officer shall take a statement from a child in the presence of a next friend or a guardian.

Section 11Verify source

§ 12Arrest by policeOffence

A police officer may arrest a person for trafficking, with a warrant, without a warrant in listed situations, or without a warrant on reasonable suspicion in listed situations.

Section 12—Arrest by police (1) A police officer may arrest a person for trafficking with a warrant issued in pursuance of this Act. (2) A police officer may arrest a person for trafficking without a warrant where (a) an act of trafficking is committed in the presence of the officer, (b) the police officer is obstructed by the person in the execution of police duties, or (c) the person has escaped or attempts to escape from lawful custody. (3) A police officer may arrest without warrant upon reasonable grounds of suspicion where a person (a) has committed an offence of trafficking, (b) is about to commit an offence of trafficking and there is no other way to prevent the commission of the offence, or (c) is wilfully obstructing the police officer in the execution of police duties.

Section 12Verify source

§ 13Arrest by private person without warrant Rescue, rehabilitation and reintegrationOffence

A private person may arrest someone without a warrant for trafficking-related reasons, and must immediately hand the person over to the police after making the arrest.

Section 13—Arrest by private person without warrant (1) A private person may arrest a person without warrant if the person commits an act of trafficking in the presence of the private person. (2) A private person may arrest a person without warrant where the private person has reasonable suspicion that the person has committed an offence of trafficking. (3) A private person who effects an arrest shall immediately hand over the person to the police. Rescue, rehabilitation and reintegration

Section 13Verify source

§ 14Rescue of trafficked personsProvision

An authorised officer is responsible for rescuing trafficked persons, and a government agency may also rescue a trafficked person.

Section 14—Rescue of trafficked persons (1) An authorised officer shall be responsible for the rescue of a trafficked person which may be carried out in collaboration with an Organisation. (2) Despite subsection (1) any government agency may rescue a trafficked person.

Section 14Verify source

§ 15Temporary care of trafficked personProvision

The Ministry must provide temporary basic material support for a rescued trafficking victim, and a District Assembly must protect a trafficked person’s welfare in its area, with support from the Fund and consultation with relevant agencies and organisations.

Section 15—Temporary care of trafficked person (1) The Ministry shall provide temporary basic material support for the care and protection of a rescued victim of trafficking. 7 (2) Despite subsection (1), a District Assembly shall be resourced from the Fund to protect the welfare of a trafficked person within its area of authority in consultation with the relevant government agencies and Organisations in the District.

Section 15Verify source

§ 16Counselling of trafficked personProvision

The Ministry must ensure counselling services are provided for victims of trafficking.

Section 16—Counselling of trafficked person The Ministry shall ensure the provision of counselling services for the victim of trafficking to assist with the rehabilitation and reintegration of a trafficked person.

Section 16Verify source

§ 17Tracing of family of trafficked personProvision

The Ministry must help trace the family of a trafficked person, with assistance from the police, an Organisation, or any other person. Anyone with information that may help must give it to the Department, the police, or an Organisation.

Section 17—Tracing of family of trafficked person (1) The Ministry shall be assisted by the police, an Organisation and any other person to trace the family of a trafficked person. (2) The views of the trafficked person shall be taken into consideration in connection with family reunification. (3) A person who has information which may assist with the tracing of the family of a trafficked person shall provide the information to the Department, the police or an Organisation. (4) The Ministry may be assisted by an Organisation or any other person to trace the family of a trafficked person.

Section 17Verify source

§ 18Rehabilitation of trafficked personProvision

The Ministry must help rescued trafficking victims get skills, jobs, and start-up capital, and trafficked victims may receive financial assistance from the Fund.

Section 18—Rehabilitation of trafficked person (1) The Ministry shall assist to provide a rescued victim of trafficking with employable skills and employment opportunities. (2) The Ministry shall assist the victim with start up capital to ensure the survival of the trafficked person. (3) Trafficked victims may receive financial assistance from the Fund. (4) The best interest of the child shall be paramount in assistance given to the rescue, rehabilitation and re-integration of a trafficked child.

Section 18Verify source

§ 19Compensation Human Trafficking FundOffence

Courts must order compensation for trafficking-related convictions or injury caused in pursuit of trafficking.

Section 19—Compensation (1) A person convicted of the offence of trafficking shall be ordered by the court to pay compensation to the victim of the trafficking. (2) A person who causes injury to a person in pursuit of trafficking shall be ordered by the court to pay compensation to the injured person. (3) The payment of compensation shall be in addition to any other punishment. Human Trafficking Fund

Section 19Verify source

§ 20Establishment of FundProvision

This section establishes a Human Trafficking Fund.

Section 20—Establishment of Fund There is established by this Act a Human Trafficking Fund.

Section 20Verify source

§ 21Sources of money for the FundProvision

The Fund may receive money from voluntary contributions, approved parliamentary payments, grants, confiscation proceeds, and other sources approved by the Minister responsible for Finance.

Section 21—Sources of money for the Fund The moneys for the Fund include (a) voluntary contributions to the Fund from individuals, Organisations and the private sector, 8 (b) the amount of money that Parliament may approve for payment into the Fund, (c) grants from bilateral and multilateral sources, (d) proceeds from the confiscation of property connected with trafficking, and (e) money from any other source approved by the Minister responsible for Finance.

Section 21Verify source

§ 22Objective of the FundProvision

The Fund’s money must be used for support and rehabilitation-related purposes for victims of trafficking and trafficked persons.

Section 22—Objective of the Fund The moneys of the Fund shall be applied as follows: (a) towards the basic material support of victims of trafficking; (b) for the skills training of victims of trafficking; (c) for tracing the families of victims of trafficking; (d) for any matter connected with the rescue, rehabilitation and reintegration of victims of trafficking in their best interest; (e) towards the construction of reception shelters for trafficked persons in the districts; and (f) for training and capacity building to persons connected with rescue, rehabilitation and reintegration.

Section 22Verify source

§ 23Management of the Fund 2Provision

The Ministry must manage the Fund, and the Fund’s money must be paid into a bank account opened by the Ministry with the Minister for Finance’s approval.

Section 23—Management of the Fund (1) The Fund shall be managed by the Ministry. (2) Moneys for the Fund shall be paid into a bank account opened for the purpose by the Ministry with the approval of the Minister for Finance.

Section 23Verify source

§ 24Payment from the FundProvision

Fund payments must be made by cheque signed by the Ministry accountant and two of the listed officials. The Management Board must also develop disbursement guidelines.

Section 24—Payment from the Fund (1) Moneys issued from the Fund shall be by cheque signed by the accountant of the Ministry and any two of the following: (a) the Chief Director of the Ministry; (b) the secretary of the Management Board established under section 28, and (c) one other member of the Management Board nominated by the members of the Management Board. (2) The Management Board shall develop guidelines for disbursements from the Fund.

Section 24Verify source

§ 25Accounts and auditProvision

The Ministry must keep the Fund’s accounts and records in an Auditor-General-approved form, submit the accounts for audit within three months after the financial year ends, and the Auditor-General must audit them and send the audit report to the Minister within three months of receipt.

Section 25—Accounts and audit (1) The Ministry shall keep books of account of the Fund and proper records in relation to them, in the form approved by the Auditor-General. (2) The Ministry shall submit the accounts of the Fund to the Auditor-General for audit within three months after the end of the financial year. (3) The Auditor-General shall, not later than three months after the receipt of the accounts, audit the accounts and forward a copy of the audit report to the Minister. 9

Section 25Verify source

§ 26Financial yearProvision

The Fund’s financial year must match the Government’s financial year.

Section 26—Financial year The financial year for the Fund shall be the same as the financial year of the Government.

Section 26Verify source

§ 27Annual report Human Trafficking Management BoardProvision

The Minister must submit an annual report on the Fund after receiving the audit report, include specified accounts and information, and send the report to Parliament within one month after receiving the annual report.

Section 27—Annual Report (1) The Minister shall within one month after the receipt of the audit report submit an annual report covering the activities and the operations of the Fund for the year to which the report relates. (2) The annual report shall include (a) the audited accounts of the Fund and the Auditor-General's report on the accounts of the Fund, and (b) other information that the Minister may consider necessary. (3) The Minister shall within one month after the receipt of the annual report submit the report to Parliament with a statement that the Minister considers necessary. Human Trafficking Management Board

Section 27Verify source

§ 28Establishment of Human Trafficking Management BoardProvision

This section establishes the Human Trafficking Management Board under the Act.

Section 28—Establishment of the Human Trafficking Management Board There is established by this Act a Human Trafficking Management Board.

Section 28Verify source

§ 29Composition of Management BoardProvision

This section sets out who must make up the Management Board and who appoints its members.

Section 29—Composition of the Management Board (1) The Management Board shall consist of (a) the chairperson who shall be the Minister or Deputy Minister, (b) one representative of the Attorney-General not below the level of Principal State Attorney, (c) one representative of the Ministry of Local Government not below the level of a Deputy Director, (d) one representative of the Ministry of Interior not below the level of a Deputy Director, (e) one representative of the Ministry of Health not below the level of a Deputy Director, (f) one representative of the Ministry of Education not below the level of a Deputy Director, (g) one representative of the Ministry who shall be the secretary, (h) one representative of the Ghana Journalists Association, (i) one representative each from the (i) Police Service, (ii) Immigration Service, (iii) Customs, Excise and Preventive Service, and (iv) the Office of the National Security Co-ordinator. (j) the Director of Social Welfare, 10 (k) one representative of the Labour Department not below the level of a deputy chief labour officer, (l) one person from the private sector nominated by the Minister, and (m) three other persons one of whom is a woman (2) The members of the Management Board other than the ex-officio members shall be nominated by the institution concerned. (3) The members of the Management Board shall be appointed by the Minister with the authority of the President and shall be committed to combating human trafficking.

Section 29Verify source

§ 30Functions of Management BoardProvision

The Management Board must carry out a list of anti-trafficking functions, including advising the Minister, helping investigations, preparing guidelines, and reporting on the national plan of action.

Section 30—Functions of the Management Board The Management Board shall (a) make recommendations for a national plan of action against human trafficking, monitor and report on the progress of the national plan of action through the Minister to the Economic Community of West African States Secretariat, (b) advise the Minister on policy matters under this Act, (c) provide assistance on the investigation and prosecution of trafficking cases, (d) propose and promote strategies to prevent and combat trafficking in persons, (e) liaise with government agencies and Organisations to promote the rehabilitation and reintegration of victims of trafficking, (f) prepare guidelines for disbursements from the Fund, (g) conduct research on international and regional developments and standards on trafficking in persons, and (h) deal with any matter concerned with human trafficking.

Section 30Verify source

§ 31Meetings of Management BoardProvision

The Management Board must meet at the Ministry at least once every three months, with five members needed for quorum.

Section 31—Meetings of the Management Board (1) The Management Board shall meet at the Ministry at least once every three months. (2) The quorum at a meeting of the Management Board is five members. (3) The chairperson shall convene and preside at meetings of the Management Board and in the absence of the chairperson a member of the Management Board elected by the members present from among their number shall preside. (4) Matters before the Management Board shall be decided by a majority of the members present and voting and in the event of equality of votes, the person presiding shall have a casting vote. (5) The Management Board may co-opt a person to attend its meeting but the co-opted person may not vote on a matter for decision of the Management Board. (6) Subject to this section, the Management Board may determine the procedure for its meetings. 11

Section 31Verify source

§ 32Secretariat of Management BoardProvision

The Management Board must have a secretariat, and the Ministry must provide the facilities and personnel needed for the Board’s functions.

Section 32—Secretariat of the Management Board (1) The Management Board shall have a secretariat. (2) The secretariat of the Management Board shall be at the Ministry which shall provide the facilities and personnel for the performance of the functions of the Management Board.

Section 32Verify source

§ 33Allowances MiscellaneousProvision

Members of the Management Board are to be paid allowances approved by the Minister, after consulting the Minister responsible for finance.

Section 33—Allowances Members of the Management Board shall be paid the allowances approved by the Minister in consultation with the Minister responsible for finance. Miscellaneous

Section 33Verify source

§ 34Continued stay of illegal immigrantsProvision

Trafficked persons may stay in Ghana during investigation and prosecution, and may later stay or be repatriated depending on conditions and approval.

Section 34—Continued stay of illegal immigrants (1) Despite the provisions in section 21 of the Immigration Act, 2000 (Act 573), on the removal of an illegal immigrant, a trafficked person who is in this country unlawfully, may remain in this country throughout the period of a legal investigation and prosecution of a trafficker and the Management Board shall make arrangements for the repatriation of the trafficked person upon completion of the legal process. (2) If it is in the best interest of the trafficked person, the trafficked person may be allowed to remain in this country after the legal process with the approval of the Minister of Interior and the person shall stay in a shelter provided by the Ministry where the person shall receive basic material support until resettled in this country. (3) A trafficked person may be repatriated to the country of origin of the trafficked person upon the conviction of a trafficker and shall stay in a reception centre provided by the Ministry where basic material support shall be provided until the repatriation.

Section 34Verify source

§ 35Extradition of trafficking offenderProvision

A non-citizen convicted of trafficking in persons under this Act must be extradited from the Republic, subject to the Extradition Act, 1960.

Section 35— Extradition of trafficking offender Subject to the Extradition Act, 1960 (Act 22), a non-citizen convicted of trafficking in persons under a provision of this Act shall be extradited from the Republic.

Section 35Verify source

§ 36Power of police under Act 30 and Act 560Provision

This section says any police powers created by this Act are additional to police powers already available under Act 30 and Act 560.

Section 36—Power of police under Act 30 and Act 560 The provisions of this Act in so far as they relate to the powers of a police officer, shall be in addition to the powers of a police officer under the Criminal Procedure Code, 1960 (Act 30) and the Children's Act, 1998 (Act 560).

Section 36Verify source

§ 37Reference to Family TribunalOffence

A court may refer temporary-custody matters for a trafficked child to a Family Tribunal when care and protection is needed.

Section 37—Reference to Family Tribunal (1) Where there is a need for care and protection for a child victim of trafficking, the court dealing with an offence committed under this Act, may refer matters concerned with temporary custody of the trafficked child to a Family Tribunal. (2) A matter connected with trafficking that relates to a child and the rights of the child shall be referred to a Family Tribunal under the Children's Act, 1998 (Act 560).

Section 37Verify source

§ 38No publication on human traffickingOffence

A person must not publish a report of human trafficking proceedings that may reveal the trafficked person’s identity unless the court grants leave.

Section 38—No publication on human trafficking (1) A person shall not publish a report of human trafficking proceedings under this Act which may reveal the identity of the trafficked person except with the leave of the court. 12 (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding two hundred and fifty penalty units or a term of imprisonment not exceeding twelve months or to both.

Section 38Verify source

§ 39Criminal charges and civil claimProvision

A victim may still pursue a civil claim for damages when a criminal charge is brought for trafficking-related acts.

Section 39—Criminal charges and civil claim The institution of a criminal charge arising from acts of trafficking is in addition to and does not affect the rights of a victim to pursue a civil claim for damages.

Section 39Verify source

§ 40Confiscation of propertyProvision

If there is evidence that property was acquired by a trafficker from human trafficking gains, the court must confiscate it. The court may also make other appropriate orders and may direct that proceeds go into the Fund.

Section 40—Confiscation of property (1) Where there is evidence that movable or immovable property has been acquired by a trafficker as a result of gains from human trafficking activity, the court shall order the confiscation of the property. (2) The court may make an order that it considers appropriate in connection with the confiscated property and may direct that the proceeds of the confiscated property be paid into the Fund.

Section 40Verify source

§ 41RegulationsProvision

The Minister may make regulations, on the Management Board’s recommendation, about anti-trafficking measures, training, victim support, data sharing, rescue and reintegration, and related matters.

Section 41—Regulations The Minister may, on the recommendation of the Management Board, by legislative instrument make Regulations on (a) preventive measures to be taken by District Assemblies against human trafficking; (b) the training for the personnel of the security services to combat trafficking; (c) the skills training, care and protection of victims of trafficking; (d) the collection of data and exchange of information on trafficking in persons; (e) the rescue, rehabilitation and reintegration of trafficked persons; (f) any other matter for the effective implementation of this Act; (g) special mitigating guidelines provided in respect of the provisions of section 7; and (h) skills training to include formal education for young victims.

Section 41Verify source

§ 42InterpretationInterpretation

This section defines key terms used in the Act, including “child,” “authorised officer,” “Fund,” and “Minister.”

Section 42—Interpretation In this Act unless the context otherwise requires "abduction" has the meaning attributed to it in the Criminal Code, 1960 (Act 29); "authorised officer" means an immigration officer, a police officer or any other public officer authorised by the Ministry of Interior to implement any provision of this Act; "basic material support" includes education, health care, shelter, counselling and nutritional requirements; "bonded placement" includes placement by a trafficker of a person for exploitative purposes with a promise of subsequent payment to the trafficker for the placement of the trafficked person by the user of the trafficked person and the placement of a trafficked person to offset a debt already owed by the trafficker or another person; 13 "care and protection" has the same meaning as basic material support; "child" means a person below eighteen years; "coercion" means a threat of serious injury to or physical restraint against a person, a scheme, plan or pattern intended to cause a person to believe that failure to perform an act will result in serious injury to or physical restraint of a person; "court" means court of competent jurisdiction; "District Assembly" includes a Metropolitan Assembly and Municipal Assembly; "foreign authority" means a person designated by a foreign government as a competent authority to act on behalf of a foreign government for purposes of this Act; "Fund" means the Human Trafficking Fund established under section 20; "government" means the authority by which the executive authority of Ghana is duly exercised; "government agency" means an establishment in this country by virtue of an enactment and an establishment approved by the Ministry; "guardian" means a social welfare officer, probation officer, health care provider, leader, district labour officer, or any other person who intervenes in the best interest of a child; "injury" includes physical, emotional and psychological hurt; "organisation" means Civil Society Organisation which includes community based organisation, Non-Governmental Organisations, Traditional Authorities, religious bodies and associations; "Management Board" means Human Trafficking Management Board; "Minister" means Minister responsible for Women and Children's Affairs; "Ministry" means the Ministry responsible for Women and Children's Affairs; "next friend" means a person who intervenes to assist a child in a legal action; "organs" include a part of the human body which can be removed and used to sustain life for any purpose; "place of safety" means premises where the welfare of a victim of trafficking is assured; "placement as service" means the placement of a person by a trafficker for exploitative purposes where the service of that person is not remunerated; "police officer" includes an officer from another security service; "private sector" means the part of the economy which is not funded by the Government or from moneys provided by Parliament; "security services" includes the Police, Customs, Excise and Preventive Service, the Immigration Service and Bureau of National Investigation; "servitude" means involuntary bondage; 14 "social welfare officer" includes a probation officer; "temporary placement" means the transfer of a trafficked person for a limited period for exploitative purposes; "trafficked person" means a victim of trafficking; and "trafficking" has the meaning provided under section 1; Date of Gazette Notification: 9th December, 2005.

Section 42Verify source

Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

Fund There is established by this Act
Section 20

G–M

3 instruments

Human Trafficking Management Board This section establishes the Human Trafficking Management Board under the Act
Section 28
Immigration Act, 2000
Section 34
Interior to implement any provision of this Act
Section 42

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