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{
    "id": 101410,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/101410/?format=api",
    "text_counter": 226,
    "type": "speech",
    "speaker_name": "Ms. Odhiambo",
    "speaker_title": "",
    "speaker": {
        "id": 119,
        "legal_name": "Alfred Bwire Odhiambo",
        "slug": "alfred-bwire"
    },
    "content": "Mr. Temporary Deputy Speaker, Sir, why am I moving this Bill? I am moving this Bill because as a country, we do not have adequate legislative framework that responds to the cases of trafficking in persons. At the international level, a lot has been done, commencing way back to the year 1222 with the Charter of Mali that was formulated by King Sundiata Keita, the ruler of Mali. Initiatives that had to do with counter-trafficking actually emanated in Africa because Africa has been the most vulnerable in the issues of human trafficking which is modern day slavery. After that, there was another international Charter; the International Agreement for the Suppression of the White Slave Trade that seemed to focus mainly on the white slave trade and did not look at the blacks. Then in 1910, there was the International Convention for the Suppression of the White Slave Traffic. In 1921, we had the Convention for the Suppression of Traffic in Women and Children. In 1933, we had the International Convention for the Suppression of Traffic in Women of full age and included younger women. Finally, we have 2003 â the Protocol to Prevent, Suppress and Punish Trafficking in Human Beings, otherwise referred to as the PALERMO Protocol. Kenya ratified this convention in the year 2005. So, by bringing this Bill, I am hoping that our country will be able to domesticate that Protocol. Mr. Temporary Deputy Speaker, Sir, other than the ones I have listed, we have several other conventions that make reference to the issues of protection of women and children, including the Convention on the Rights of the Child, the Convention on the Elimination of all Forms of Discrimination against Women, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Optional Protocol to the Convention on the Rights of the Child on the sale of children and child prostitution and child pornography, the Universal Declaration of Human Rights, the Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour which is an ILO Convention, the Convention on the Protection of Children and Cooperation in respect of the inter-country adoption otherwise referred to as the Hague Convention and the Rome Statute that includes trafficking as a war crime and a crime against humanity alongside rape and gender based violence. Mr. Temporary Deputy Speaker, Sir, in regard to Kenya, we have not faired very well in terms of protection. Before I go to Kenya, I want to give a bit of highlight on what the African region has done. In Africa, we have the Draft Ouagadougou Action Plan to Combat Trafficking in Persons especially Women and Children, of 28th November 2002. Then we have the African Charter on Human and Peopleâs Rights of 1981 and its protocol on womenâs Rights of 2002 which Kenya has not ratified because it has a clause on abortion. Then we also have the African Charter on the Rights and Welfare of the Child of 1990. Within Kenya, our legal framework is extremely weak. Under the Penal Code, there are provisions that protect kidnapping and give a punishment of up to seven years. The Constitution provides protection against torture and degrading punishment. The Immigration Act of 1967 considers an illegal immigrant âAs one who is (a prostitute) or a person who is living on or receiving or before entering Kenya lived on or received the proceeds of prostitutionâ. It actually criminalizes persons who are trafficked instead of considering them as victims. Then we have the Criminal Law (Amendment) Act which also deals with issues of defilement but that was repealed with the Sexual Offences Act which is the only piece of legislation that makes reference to trafficking in persons but only limits it to trafficking in persons in relation to sexual violence and only in relation to children. That is why I am moving this Bill. I just want to give a few highlights of what the Bill seeks to do. Part I is preliminary and deals with the title and commencement and purpose of the Bill which is basically to domesticate the PALERMO Protocol and also to protect victims of trafficking in persons. Part II is on trafficking in persons and related offences. It talks of acts that promote child trafficking, what promotion of trafficking in persons is and punishes acquisition of travel documents and misrepresentation of travel documents. Due to our porous borders, many people get improper documents. Then there are enhanced sentences where due to trafficking, there are life threatening circumstances or death, especially to the victim."
}

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