MAJ GEN LIZIWE NTSHINGA. DIRECTORATE FOR PRIORITY CRIME INVESTIGATION (DPCI) CONTACT NO :

Transcription

1 MAJ GEN LIZIWE NTSHINGA DIRECTORATE FOR PRIORITY CRIME INVESTIGATION (DPCI) CONTACT NO :

2 SITUATIONAL REPORT: SOUTH AFRICA BACKGROUND The Republic of South Africa is a lucrative market for traffickers with the country being mostly a destination for trafficked persons. In addition, it is also a source and transit country with victims of trafficking destined for developed regions, especially Europe. 2

3 LEGAL FRAMEWORK South Africa recently enacted its Prevention and Combating of Trafficking in Persons Act However, a number of laws had been in place to prosecute crimes similar to TIP. These include the Children's Act (2005), Immigration Act (2002), Prevention and Combating of Corrupt Activities Act (2004), Films and Publications Act (1996) addressing child pornography, Prevention of Organised Crime Act (1998), Human Tissue Act (1983), National Health Act (2003), Criminal law (sexual offences and related matters) Amendment Act (2007) and the Basic Conditions of Employment Act (1997, and amended in 2002). 3

4 MULTI DISCIPLINARY STRATEGY TO COUNTER HUMAN TRAFFICKING (TRAFFICKING IN PERSONS) A four pillar approach involving prevention, protection, prosecution and partnerships informs South Africa s interventions incombating TIP. The National Prosecuting Authority (NPA) leads the Tsireledzani programme implementing the national strategy to combat TIP through prevention, response and support for victims of trafficking. 4

5 FOUR PILLARS 1. PREVENTION 2. PROTECTION To increase knowledge, education and awareness about Trafficking in Person / Pornography / Prostitution and Brothels to empower all communities. To provide a holistic integration of services that changes victims of trafficking in person/pornography / Prostitution and Brothels into survivors.. 5

6 FOUR PILLARS 3. PARTNERSHIPS 4. PROSECUTION To encourage partnerships between Government / non governmental agencies / the community to monitor and address causes and contributing factors to Trafficking in Person / Pornography / Prostitution and Brothels. To ensure that proper processes are in place to investigate and prosecute cases involving Trafficking in Person / Pornography / Prostitution and Brothels. To ensure communication by convening quarterly meetings and communicating with stake holders to ensure proper monitoring of progress on activities. 6

7 FOUR PILLARS TIP response in the country is implemented by various stakeholders in a multidisciplinary team involving government departments, diplomatic missions, INTERPOL and several strategic non-state sectors. In addition, the national and provincial TIP coordinators have been appointed to effectively cover the width and breadth of the country. South Africa is concerned that the crime of TIP is not considered a priority around the world, but is trivialised. SA is advocating for the intensification of efforts to combat TIP, If conservationists could make so much noise about rhino poaching, how come it is difficult to make combating TIPa priority? There are plans to intensify outreach programmes in schools and Ports of entries, while a Truckers against Trafficking project is being mooted in South Africa with a view to broaden the scope to cover the whole region. Bilateral agreements at ministerial level between South Africa, Botswana, and Namibia and three other SADC countries namely Angola, Mozambique and Zimbabwe that have since been elevated to presidential levels. 7

8 EXTENT OF THE NATIONAL TRAFFICKING IN PERSONS MARKET 2011/ / /

9 ORGANIZED CRIME: NEXUS BETWEEN LOCAL AND FOREIGN NATIONALS INVOLVEMENT IN TRAFFICKING IN PERSONS (2013/2014 FINANCIAL YEAR) NATIONALITIES NUMBER OF SUSPECTS HOTSPOT AREAS Nigerians 16 Milnerton, Bellville, Sea Point, Park Road, Brooklyn, Villieria, Sunnyside, Kuruman, Pretoria Moot, Park Road South Africans 11 Stutterheim, Mount Road, Bellville, Harare, Port Shepstone Chinese 02 Pinelands (WC) and Boksburg (GP) Mozambicans 01 Matsulu (MP) Swazi 01 Matsulu Thai 01 Durban (King Shaka arrest) TOTALS 32 According to the targets analysed for 2013/2014 financial year, the Nigerians top the list of targets that are committing Trafficking in person in South Africa. The recruitment of victims is both in South Africa and in Nigerian. It is also noted that our top two provinces, Western Cape and Gauteng provinces are mostly infiltrated by Nigerians. Other provinces affected by Nigerians are Northern Cape and Free State. 9

10 CASE STATUS OF 2013/2014 FINANCIAL YEAR STATUS OF THE 22 CASES FOR THE 2013/2014 FINANCIAL YEAR CONVICTION 2 WITHDRAWN, VICTIM NOT TRACEABLE 3 2 DOCKET CLOSED, VICTIM WENT BACK TO COUNTRY OF ORIGIN CASES IN COURT, REMANDED FOR TRIAL 8 CASES UNDER INVESTIGATION 5 CASES AT DIRECTOR FOR PUBLIC PROSECUTION 2 TOTAL 22 10

11 CHALLENGES 1. Criminal practice Our inability to determine the concealed sophisticated criminal activities - Invisibility of the phenomenon of trafficking, both in exploitation and the invisibility of trafficked persons. Lack of evidence as a result of the complexity of the threat. 11

12 CHALLENGES 2.Vulnerability: Reluctance of victims to open cases and to admit they were exploited. Most victims of trafficking do not see themselves as victims. Rescue missions that do not impact in the fight of human trafficking as many victims in the rescue missions do not want to open cases, just want to go home to their countries. This applies mostly in the Thai victims. Corruption at all levels. 12

13 CHALLENGES 3.Tracing: The problem of locating or tracing the victim during the initial stage of investigations. The disappearance of victims leads to the withdrawal of cases. The fact that traffickers use codenames. It is therefore difficult to trace and investigate them. 4.Common definitions Senior managers in all state departments are still not fully conversant with what trafficking in humans entail. 13

14 CHALLENGES 5.Risks Communication: the language barriers delays investigations and trial process. Interpreters used: not sure if they can be trusted. Lack of suitably trained personnel at the station level as the station is the entry level of all complaints. 14

15 BEST PRACTICES Identification and Investigations of Nigerian hotspots in the provinces as the majority of the targets identified in human trafficking are Nigerians. More concentration on the missing persons reports of the bureau of missing persons as most of the people missing are actually trafficked. Training of people in police stations that are dealing with human trafficking to take proper statements and documenting of victims contacts so that they can be traced. Identification of brothels in provinces and conducting disruptive operations as Human Trafficking is an action dependent crime. 15

16 BEST PRACTICES Awareness campaigns by the provincial coordinators in hotspots clusters and stations. Training of specific members in the police stations who will solely deal with human trafficking because human trafficking is a complex phenomenon and it needs a person who knows what it entail, bearing in mind that human trafficking include recruitment, transportation and exploitation. The risks and vulnerabilities to be assessed and prevention strategy developed. 16

17 CONCLUSION Human trafficking is not just a statistic, but some one s daughter, wife, sister or mother. Together we can set justice. 17

18 QUESTIONS THANK YOU 18