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{
    "id": 101853,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/101853/?format=api",
    "text_counter": 341,
    "type": "speech",
    "speaker_name": "Ms. Odhiambo",
    "speaker_title": "",
    "speaker": {
        "id": 119,
        "legal_name": "Alfred Bwire Odhiambo",
        "slug": "alfred-bwire"
    },
    "content": "United Nations Office for Drugs and Crime (UNODC), the International Organization for Migration (IOM), the Ministry of Justice, National Cohesion and Constitutional Affairs, the Office of the Attorney-General and the Ministry for Gender, Children and Social Development. Even when I came to Parliament we worked with the Parliamentary Caucus on Children and the Kenya Women Parliamentary Caucus. Mr. Temporary Deputy Speaker, Sir, as I had indicated earlier, it is actually coincidental that we are actually bringing the mother and the child on the same day; that even at international level, the UN Convention on Organized Crime is actually the mother convention, and the Palermo Protocol actually supplements it. So, what this Bill does is actually to supplement the Bill that has just been passed. Therefore, I am, indeed, happy because it speaks very largely to the same issues, save that it is very, very specific on issues of trafficking and specifically on trafficking of women and children. Trafficking would be considered as modern day slavery. In the past, slavery as was done, was actually acknowledged and accepted by the State and even by the Church, and the action by persons who were practicing slavery was sanctioned by these groups. The major difference now is that it has become an underground organized criminal activity that is done by several groups and has both the national, regional and international dimensions. It is the third most lucrative organized crime worldwide, second only to drugs and crime trafficking. Mr. Temporary Deputy Speaker, Sir, according to UN estimates, it actually generates US$7 to US$10 billion annually. According to the UN Protocol to prevent, suppress and punish trafficking in persons, especially women, which is the Palermo Protocol, it is defined - and I want to read:- “Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons” Which in our international parlance we call the “what” of trafficking; “by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person---” Which is what we consider the “how”; and for the “why,” which is:- “for the purpose of exploitation.” Exploitation at a minimum, means:- “Exploitation shall include, at a minimum, the exploitation of the prostitution of others, other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs.” Mr. Temporary Deputy Speaker, Sir, under the Bill that I have brought, we have tried to Kenyanize it and, therefore, when we talk about exploitation, we actually have not made reference to prostitution, which is actually criminalized under the Kenyan law. I would also want to say that if you actually look at the definition, it comes back to some of the issues that hon. Members have spoken about in the previous Bill; that there is a very big or distinct difference between organized crime and organizing to commit a crime. Organizing to commit a crime, even if there are two or more people, does not necessarily make a crime organized crime. But there are very, very clear elements and for trafficking in persons, there must be the “what”, the “how” and the “why.” There must be a level of a group of persons, which is three or more, and the activity must include some"
}