Understanding and responding to human trafficking in South Africa Commissioner Janine Hicks 18 th Annual Family Law Conference Cape Town, 2015
Presentation overview CGE mandate Understanding human trafficking global and local stats Legislative framework to address trafficking definitions and elements; child trafficking Patterns in trafficking: countries and places of origin and destination; causal factors; profile of victims State response to trafficking: Challenges in prosecution; interventions; support to victims Recommendations
Introduction S187 of the Constitution and CGE Act No. 49 of 1996 require the CGE to promote respect for, and the protection, development and attainment of gender equality. The CGE mandate is to monitor and evaluate legislation, policies and practices of the state, statutory bodies and private businesses, as well as indigenous and customary laws and practices; research and make recommendations to Parliament; receive and investigate complaints of gender discrimination; and conduct public awareness and education on gender equality. Themes: Women s Economic Empowerment; GBV; Women s Substantive Equality; Cultures, Religions and Traditions; Gender, Health and Education; NGM
Human trafficking is slavery National Prosecution Authority
TIP: Global Statistics (NPA) 29.8 million people worldwide are enslaved (Global Slavery Index 2013) A Females are approx. 80% of all TIP victims - of which 70% are placed into the sex trafficking industry each year. B 80% of TIP consists of sex trafficking 50% are minors About 1.2 million children trafficked for sexual exploitation. C Between 2003-2006, 20% of detected victims were children. Between 2007-2010, number increased to 27%. Of every 3 child victims, 2 are girls and 1 is a boy. Girls under 18 years constitute an estimated 10-30 % of the total number of trafficked females. (TIP 2007-2012) D
Stats SAPS challenges in recording statistics study estimates Third most profitable component of organised crime, after drug dealing and the small arms trade UN estimates profits of $7-$10 billion; ILO estimates $31 billion dollars, 2nd only to drug trafficking. South Africa as key destination, country of origin and transit for trafficking to and from Africa and globally. Estimated figure of 600,000 people trafficked through South Africa each year. 28,000-38,000 child victims of sexual exploitation in SA (Molo Songololo) 850 1,100 women and children trafficked annually to SA for sexual exploitation (Stats SA) 1,000 Mozambican women trafficked annually to SA for sexual exploitation
The TiP Act Act No. 7 of 2013: Prevention and Combating of Trafficking in Persons Act, enacted to address the problem of TiP, and give effect to country obligations ito international protocols through: The criminalisation of trafficking in persons The prosecution of offenders Protection and assistance of victims The return and repatriation of victims of trafficking. Act signed but not in operation prosecutors using SOA, POCA and Children s Act
MOBILISATION EXPLOITATION THE THREE ELEMENTS DELIVERS RECRUITS TRANSPORTS TRANSFERS HARBOURS SELLS EXCHANGES LEASES RECEIVES. Within or across the borders of SA OF TIP (NPA) OR HARM FORCE FRAUD MEANSTHREAT DECEPTION ABDUCTION KIDNAPPING ABUSE OF POWER RECEIVING OF PAYMENT/BENE FIT INVOLUNTARY SERVITUDE DEBT BONDAGE SEX TRADE FORCED LABOUR REMOVAL OF BODY PARTS FORCED MILITARY SERVICE
Trafficking in children Any person who adopts a child, facilitated or secured through legal or illegal means, or concludes a forced marriage with another person, for the purpose of exploitation of that child or person, in any form or manner, is guilty of an offense. Trafficking of adults requires three elements: Movement; Deceit/force; Exploitation. Child trafficking includes two elements: Movement and exploitation means of deceit/coercion not required element, as children cannot lawfully consent to exploitation (S11, TiP Act) Exploitation of children includes slavery; debt bondage; forced marriage; sexual exploitation; forced or child labour; removal of body parts;
Patterns in trafficking Source countries: Angola, Lesotho, Malawi, Mozambique, and Swaziland; as well as countries in Europe and South East Asia Source provinces: Eastern Cape, followed by KwaZulu- Natal, Northwest Province, Limpopo and the Northern Cape Destination cities: Johannesburg, Pretoria, Cape Town Destination cities globally: Netherlands, Germany, Belgium, Italy and Bangkok No data on the extent of trafficking for the purpose of labour exploitation, or for the purposes of harvesting organs or body parts.
Causal factors Poverty and disruption, capitalising on established traditions of migration Additional vulnerabilities created by war, disease like HIV/AIDS, endemic poverty, weak education systems, unemployment and general lack of opportunities available, especially women Trafficked victims as economic migrants moving in search of opportunities and a better life High levels of domestic violence and abuse pushing young people on the streets and into situations leaving them vulnerable to exploitation
Profile of trafficked victims Recruitment by foreign nationals living in SA of female relatives to work in the commercial sex industry. Recruitment/Abduction of male and female street children in Maseru, by SA men living close to the Lesotho border, who sexually and physically abuse the children. Recruitment of Malawian women and girls by truck drivers who use them for sex and force them into prostitution. Recruitment of Thai sex workers for the local industry. Recruitment of Mozambican women to serve as wives to men working in the mines surrounding Johannesburg. Recruitment of Eastern European women for the commercial sex industry Trafficking of Chinese women to work in restaurants, clubs and ships with exclusively Chinese clients
Patterns in domestic trafficking Selling of children to brothels, syndicates and gang leaders for commercial and sexual exploitation, and buyers own sexual gratification. Selling of girls as child brides to older men. Recruitment by teachers of youngsters into debtbondage situations, where they are expected to provide sex in exchange for the payment of school fees.
State response: Challenges in prosecution Failure to properly identify suspects and victims - misclassification of cases, Failure to recognise activities as part of organised crime network, and to target syndicate bosses Failure to prioritise TIP cases Lack of understanding of TIP Absence of adequate facilities to meet victims needs. Reliance on traditional forensic investigation techniques. Failure to allocate skilled staff / resources Absence of rapid response unit, and specialised units, trained & dedicated PP s and investigators Offences that are transnational in nature
State response: Interventions National Intersectoral Committee on Combating Trafficking in Persons, established June 2010 Provincial human trafficking task teams, as multi-stakeholder fora, comprising representatives from provincial departments of Social Development, Education, Health, the SAPS, Justice and civil society stakeholders in the province. Interventions to coordinate prevention, prosecution, protection and partnerships through inter-sectoral provincial action plans, to ensure community outreach and awareness, training of officials, Justice responses to instances of trafficking, and support for trafficked victims. 8 successful prosecutions and convictions 17 cases pending nationally
Support for trafficked victims Chap 7 of TiP Act requires response to four areas of needs of rescued victims: Legal assistance; Placement and Safety (temporary safe care/designated child protection organisations/accredited organisations); Medical assistance (counseling/drug addiction/medical examination/mental assessment); Legal status (certification/repatriation) Appears that SA not able to fully meet this requirement limited resources; few dedicated institutions to provide support Impact of delays in finalising court cases
Conclusion: areas for intervention Urgent need for more and better data on trafficking, to understand extent of phenomenon and design appropriate prevention and response mechanisms Need for data on trafficking for the purposes of extracting body organs and body parts - noting evidence of muthi or which-craft related killings, particularly of children State multi-sector task teams to coordinate prevention, prosecution, protection and partnerships is welcome, but require greater allocation of human and financial resources to escalate and accelerate to scale required Coordination with regional and international agencies required,to identify and prosecute responsible syndicates Measures to address push factors from gender inequality, to poverty and lack of awareness.