CRIMINAL JUSTICE RESPONSE TO HUMAN TRAFFICKING IN NIGERIA AND SOUTH AFRICA: SUGGESTIONS FOR A BETTER PRACTICE

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1 CRIMINAL JUSTICE RESPONSE TO HUMAN TRAFFICKING IN NIGERIA AND SOUTH AFRICA: SUGGESTIONS FOR A BETTER PRACTICE BY PAUL OLUWATOSIN BELLO & ADEWALE A. OLUTOLA Department of Safety & Security Management, Faculty of HumaniKes, Tshwane University of Technology, Pretoria, South Africa

2 INTRODUCTION q What is human trafficking? q A global problem. q The dimension of its intensity in Africa, especially in Nigeria and South Africa in recent times is alarming. q Interventions at the national, regional and international levels. q Nigeria and South Africa are signatories to the historic legal landmark, and are bound by the agreement.

3 OBJECTIVES Ø To review and evaluate the effectiveness of current criminal justice system of Nigeria and South Africa in relation to human trafficking. Ø To suggest measures to be considered for a robust and efficient criminal justice system that will help combat the scourge of trafficking in these two countries, and by extension Africa. NB: This study however limits its institutional frameworks to the Police force (service), the judiciary and the immigration service.

4 METHODOLOGY Qualitative research approach through document analysis. De Vos, Strydom, Fouche and Delport (2011:376) list; observation method, interview method, documents and secondary analysis as different approaches a researcher might adopt under qualitative methodology. Documentary analysis involves the study of existing documents, through which a deeper understanding of the content might be gained (Ritchie and Lewis (2003:35). A good number of documents are available to the social researcher and such can be found in the study of literature (Neuman, 2000: 395). It could be vitiated by factors such as anonymity, confidentiality, limitation of using available data base and of obtaining sources. This article is akin to such difficulty of obtaining primary information on criminal justice response to human trafficking in the countries under consideration.

5 NATIONAL RESPONSES q NIGERIA Trafficking in Persons (Prohibition) Law Enforcement and Administrative Act Trafficking in Persons (Prohibition) Law Enforcement and Administration (Amendment) Act Gaps in the 2005 Act propelled the sponsorship of another bill seeking the amendment of the Trafficking in Person (Prohibition) Acts (2005) in 2013, and it is yet to be enacted.

6 q SOUTH AFRICA ü Prevention and Combating of Trafficking in Persons Act of NB: There are other statutory laws that deal directly or indirectly with human trafficking in South Africa, e.g. Child Care Act 38 of 2005, Sexual Offences Act 23 of 1957, among others.

7 QUESTIONS RAISED Has there really been a reduction in, or a complete elimination of the crime of trafficking in both countries? Are the provisions of the legal standard in both countries in conformity with international standards and practices? Are these provisions comprehensive and adequate to combat the crime from a criminal justice perspective?

8 WHY NIGERIA AND SOUTH AFRICA? Ø Nigeria and South Africa in this context are the economic power houses of Africa. Ø Nigeria has rebased its Gross Domestic Product (GDP) data, which has pushed it above South Africa as the Continent s biggest economy. It s GDP for 2013 totalled 80.3trillion naira ($509.9b) compared with South Africa s GDP of $370.3bn at the end of Ø Crises on the African Continent makes these two countries magnets that attract migration flows from other African countries.

9 OVERVIEW OF HUMAN TRAFFICKING IN NIGERIA AND SOUTH AFRICA Ø Nigeria and South Africa are source, transit, and destination countries for various forms of human trafficking (UNESCO 2006;2007). Ø The typology of trafficking in persons in both countries has internal and external manifestations.

10 CONTRIBUTORY FACTORS (PUSH & PULL) q Push Factors (Chuang 2006:141; Bales 2007:271) Ø Globalization; Ø Lack of and/or fewer employment; opportunities in source countries; Ø Political instability/civil unrest; Ø Decline in border control; Ø Economic disparities between developed and developing countries; Ø Corruption; Ø Poverty.

11 CONTRIBUTORY FACTORS q Pull Factors (Hughes 2000; Shelley 2010) Ø Increase in demand for cheap labour; Ø Ø The growth and increasing sophistication of transnational crime groups; worldwide capitalism and transnational corporations, among others.

12 THE IMPACTS OF HUMAN TRAFFICKING ON NIGERIA AND SOUTH AFRICA Ø Social Implications Ø Health Implications Ø Economic Implications Ø Security Implications

13 EFFORTS TO COMBAT HUMAN TRAFFICKING q NIGERIA Ø Trafficking in Persons (Prohibition) Law enforcement and Administration Acts 2003 Ø Establishment of NAPTIP) in 2004 Ø Act 2003 vested the power to arrest, search and seize trafficking-related properties on the Police, Immigration, Customs and NAPTIP officials. q SOUTH AFRICA Ø Prevention and Combating of Trafficking in Persons Act of 2013.

14 SUGGESTIONS FOR A BETTER PRACTICE Ø A comprehensive legal framework; Ø A victim-focused approach; Ø A specialized law enforcement agency to investigate and implement anti-trafficking law; Ø A strong will on the part of the state to combat human trafficking; Ø A well-built and informed prosecutorial and judicial backing; Ø Regional and extra-regional investigating, prosecuting and adjudicative cooperation.

15 CONCLUSION Ø Addressing the scourge requires first, an understanding of the underlying or root causes of the problem which are varied and are many. Ø Victims should be incorporated into the criminal justice process as witnesses. Ø It is a collective responsibility.

16 THANK YOU!