sexual health and human rights in the african region - The ICHRP

and coordinating with other domestic and foreign agencies; and rehabilitation of
trafficked persons. In 2009, the Agency reported that it had investigated 209
trafficking offences, prosecuted 37 cases, and achieved convictions in 19 cases for
sexual exploitation and four for economic exploitation. 640 The prison sentences
imposed ranged from 6 months to 40 years. In 2008, the Agency identified 887
victims/survivors of trafficking resulting in the majority of the
victims/survivors being rescued by the following entities: National Agency;
Immigration Service; National Police; Civil Defence Corps; Federal Road Safety;
State Security Service; and Nigerian Embassy. 641 The Agency has been active in
providing shelter and counseling to victims/survivors. It has also convened
forums to raise public awareness about trafficking. 642
[66] Though Kenya does not have a statute that is dedicated to trafficking, its Sexual
Offences Act of 2003 has provisions that are trafficking-specific. Section 13 of the
Sexual Offence Act criminalizes domestic as well as cross-border trafficking of
children for sexual exploitation. Section 13(a) criminalizes making or organizing
travel arrangements in relation to the sexual exploitation of a child in Kenya or
outside the country’s borders. Section 13(b) criminalizes supplying, recruiting,
transferring, harbouring, or receiving a child for sexual exploitation. Article 14
makes it an offence to make arrangements that facilitate others to travel with the
intention to commit sexual offences against children. Section 15 criminalizes
facilitating sexual exploitation of children through activities such as facilitating
sex work, keeping a brothel where children are sexually exploited and using
children in sexually exploitative exhibitions.
[67] Article 18 of the Ethiopian Constitution, which guarantees a right to protection
against cruel, inhuman or degrading treatment or punishment, includes a
provision which says ‘Trafficking in human beings for whatever purposes is
prohibited’. The Ethiopian Constitution is the only example of a constitution that
makes a specific guarantee against human trafficking. Otherwise, trafficking for
sexual exploitation is governed by the provisions of the Ethiopian Criminal
Code. Article 596 explicitly forbids human ‘trafficking’ whatever reason. Article
597 specifically prohibits trafficking in ‘women and children’ generally while
article 635 prohibits the trafficking of’ women and minors’ for sexual
exploitation. Article 634 of the Criminal Code, which criminalizes making a
living out of sexual exploitation of others, is applicable to trafficking for sexual
exploitation.
640 United States Department of State Trafficking in Persons Report 2009-Nigeria (2009). Available at
641 Ibid.
642 Ibid.
183