THE
DEFINITION
The
r e c r uit m e n t ,
transportation,
t r a n s f er,
harboring or
receipt of
persons, by
means of the
use of threat or
using force or
c o e r c io n
WHAT FOR?
• P r o s t i t ut io n
• Po r n o g r a p hy
• S e r v i t ud e
• Labor
• Begging
• Crime
• Re m ova l o f
Body Parts
HOW?
The flow goes towards South Africa
From Thailand, Philippines, India, China, Bulgaria,
Romania, Russia, the Ukraine and South Africa
Main point of entry: OR Tambo Airport in Johannesburg
From the source
countries….Generally
organized by large
networks originating in the
source countries To South Africa…men with
military backgrounds
NEGATIVE IMPACTS OF HUMAN
TRAFFICKING
Violation of human rights
Government corruption
Facilitates other criminal activity
Spread of AIDS
THE HISTORY
1948 – Official
System of 1991 – Apartheid
Apartheid Used Ends
1961 – South 1993: Beginning
Africa leaves the of a democracy;
commonwealth interim
Constitution
created
• History of Repression • New Constitution very
• Strict laws liberal
• Conservative societal • Prostitution
norms • Open homosexuality
• Distinct racial lines • Lack of law
• Difficult to migrate enforcement
THE SUPPLY FACTORS
Poverty
Inability to obtain an
education
Lack of quality jobs
Not much
information
available on
migration
Toleration of
violence
THE DEMAND FACTORS
Growth of sex and
entertainment
industry
Low-risk, high-profit
industry
Easy to control
victims
Lack of legal
structure
Lack of respect for
human rights
KEY GOVERNMENTAL ACTORS
Sexual Offenses and Department for
Community Affairs Social Development
Unit Trafficking in
Six provincial task Persons Inter-
teams sectoral Task Team
National Programme
of Action
Department of Home
Affairs
KEY NGOS AND IGOS
International
Organization on
Migration
United Nations
Office on Drugs and
Crime
UNICEF
Molo Songololo
ECPAT International
IDENTIFICATION AND ACTION
1949 Trafficking
Convention
United Nations
Convention against
Transnational
Organized Crime
Trafficking Protocol to
prevent, suppress and
punish trafficking in
persons, especially
women and children
EVALUATION AND EFFECTS
Government does not
comply with minimum
standards to prevent
traf ficking
Most anti-traf ficking
initiatives focus on sexual
exploitation
National and international
policy failing to protect the
vulnerable
Lack of resources and
personnel in law
Poor procedures
Lack of proper training
Absence of formal
procedures for screening
NEXT STEPS
This is a development concern
Main remedy: prevention
Make the problem visible
Lock down on criminals
Allocate greater financial
resources to preventing
traf ficking
Provide a legal framework for
protection
Prosecute employers that utilize
forced labor
Do not charge victims with
offending immigration law
Prosecute colluding government
officials
Strengthen the status of migrants
What are the Palermo Protocols?Three protocols adopted by the UN in Palermo, Italy in 2000First agreed upon definition of human traffickingThis flow chart is for the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, Supplementing the UN Convention against Transnational Organized Crime Breaking down the definitionExpands on what actions are considered a part of the human trafficking processThis does not mean that just the traffickers are considered a part of the trafficking processThe end users, even though they may not consider it, ARE considered part of the processHuman trafficking is defined as a crime against humanityIntent to deceiveIntent to exploitConsent or lack thereof does not matterA person can be forced unwillinglyA person can also be coerced (ex: promising drug supplies for those who are dependent)Men are also trafficked, although more prevalent in women and childrenNotes that trafficking is not just for sexual purposes
Some men are trafficked but the victims are mostly vulnerable women, girls, boysWhat does vulnerable women mean?These are women that are in very poor conditionsLack proper educationAre dependent on drugsPromised better jobsPromised better lives247,000 children in exploitative labor30,000 child prostitutesThe rest are utilized by other types of employersRemoval of body partsInternational trade for transplant organsLocal trade for genitalia, eyes, heart, and skulls for traditional medicineCalled “muti”Believed to cure impotence, AIDS, HIV, infertilityAlso thought to improve influence and wealthVery poor information collected about organ harvesting
South Africa’s GDP is massive in comparison to other African countriesIt accounts for 25% of the entire continent’s GDPEconomic growth rate is 3.5% (Note: the U.S.’s growth rate was recently reported to be only 2%)South Africa has become a major hub for illegal activity because of the economic growthMore employers = more demand for cheap laborMore money = greater ability to exploit for labor and prostitutionWho are these traffickers?As previously stated, traffickers include people at every stage of the processRecruiters – Stationed in source countries and in South Africa, recruiting the victims then transporting them; not all but most of the sources are well organized networksTransporters may be different from the original recruitersInitial contact of the victim to South Africa normally occurs with men that have military backgrounds, not necessarily working in an organized networkImportant: Border patrol officers also become a part of the traffickers because many turn a blind eye to trafficking and at times facilitate itBrothel owners and pimps are also included
Violation of human rightsViolates the South African Bill of RightsWhen the government is not able to assure rights, the net effect, even after taking into account the economic activity spurred by exploitative labor, is a detrimental to the economy.Government corruptionAs previously stated, many government officials collude with the traffickers for profit or for other incentivesThis delegitimizes the government as an institutionFacilitates other criminal activityWith human trafficking comes a myriad of other crime, at times being carried out by the victims themselvesDrug traffickingUnderground organ marketMurderSpread of AIDSProstitution increases the chance of contracting a sexual diseaseMany victims have sexual diseases, increasing the chances of contracting HIV tenfoldAIDS is a major threat to development
In 1948, Apartheid was officially put in placeUnder Apartheid, South African society looked very different than it did todaySouth Africa was still under the Commonwealth ruleLaws were very strict during this time in all aspectsSocietal norms were very conservativeHomosexuality is socially unacceptableStrict racial linesPromiscuity frowned uponStrict immigration laws; very difficult to migrateSocietal norms began to slacken once the Commonwealth relinquished control of South Africa1991: Apartheid ended1993: Interim Constitution created once the Democracy was instilledPromoted individual libertiesPromoted protection from discrimination in many formsFocused less on the communityGrowth + decreased regulation = increased toleranceOpen homosexualityBlurred racial linesAcceptance of prostitution as a legitimate means for sexual intercourseIncreased criminal activity
All of the supply factors relate back to one: povertyWe can treat the following points as a flow of one problem causing the nextPoverty drives the other problems mentionedThose in situations of poverty are unable to obtain a proper educationLack of education = inability to obtain jobs requiring educationLack of quality jobs for those without educationThere is a lack of information to the poor in regards to migration, documentation, illegal immigration and refugee lawTolerance of violence in the source and destination countries helps facilitate the supply of humans
Not only is the sex and entertainment industry growing in South Africa, but the global sex trade is also growing, creating a greater demand for human capital all around the worldIn South Africa, this trade can be exceptionally lucrativeEconomic growth = greater ability to afford luxuries like pornography and prostitutionLow risk in taking part in the industry either as supplier or userHigh profit for the traffickers; human capital =profitVery easy to control the victims by means of coercion and deception; as previously stated, most of the victims are impressionableLack of respect for human rights in the source countries and in South Africa; as we’ll see later, South Africa has not been the best with following human rights raw; in fact, South Africa abstained from the Universal Declaration of Human Rights
SOCA Allows police, prosecutors, and NGOs to work together to investigate trafficking casesIncrease in arrests of traffickersDoesn’t imply increase in prosecutionsNPAMonitors implementation of children’s rightsIdentifies all plans made by Governmental organizations, NGOs, and other groups related to children’s rights and facilitates implementationDepartment of Home AffairsTraining of officers to identify victims of human traffickingHowever, many times even those that are trained colludeDSD Provides shelters to victimsAids with reintegrationThe “Task Team”Intended to define strategies and plansSouth Africa’s meager response to the need for regulation
IOMConducts extensive research on human trafficking in South AfricaIn 2004, launched a $1.9 Million programProtect victims and provide them with rehabilitationOffer counseling to victimsFocus on re-integrationAlso has a toll-free help line for counseling and referralsUNICEFAlso assists in conducting research on human traffickingAids other NGOs and Governmental groups in implementing policy on human traffickingConducts investigations into human trafficking casesUNODCTasked with helping states ratify and follow the provisions of the Palermo ProtocolPromotes awareness intiativesExtends assistance to victimsMoloSongololoCreated the first piece of research on trafficking of childrenSpurred the creation of the NPAPromotes children’s rightsECPAT InternationalRecovery and reintegrationLobbying and ActivismInvolves children in the fight against traffickingEndorses active participation by communities
1949 Trafficking ConventionFirst convention intended to protect against traffickingResolution of the UN General AssemblySouth Africa was a state partyRequires that governments have keep tabs on employers to be sure they are following labor laws; this is something South Africa has been doing a less than satisfactory job with thisUnited Nations Convention against Transnational Organized CrimeIncludes the Palermo ProtocolsEmphasizes the need for international cooperationTrafficking Protocol to prevent, Suppress, and punish trafficking in persons, especially women and childrenThis is the Palermo Protocol that has to do with trafficking2003Created the first agreed upon definition
International Human Rights FrameworkUniversal Declaration of Human RightsSix core human rights treaties: Covenants and Conventions Meant to hold governments accountableConstitutionBill of RightsFreedom and Security of the PersonFreedom from Slavery, Servitude, and Forced LaborLegislationPrevention and Combating of Trafficking in Persons Bill has been sitting in Parliament for five yearsSpecifically aimed at stopping or preventing human traffickingHarsh sentencesAids and protects victimsImplementationWithout the legislation, proper implementation cannot occurTraining has occurred, but not to the scope necessaryInfrastructure and Resources need to be allocated to the purpose of ending trafficking
South Africa has not performed a satisfactory job in working to prevent and eliminate human traffickingIt has improved recently, but not to the point that the UN would deem satisfactoryFor example, most anti-trafficking initiatives by the government focus only on sexual exploitation; the problem, however, is that exploitation occurs in many forms from non-sexual labor to harvesting of body partsNational and international policy is not sufficient enough to protect victimsLegal framework does not exist to prosecuteLegal framework not sufficient in protecting the victims from illegal immigration lawLack of resources and personnel in lawLack of financial resources to pay for prosecuting attorneys and a lack of people trained in the process of prosecuting traffickersLack of formal procedures for screeningEssentially, there is a lack of a systematic way of going about screening those who are victimized by traffickersDifficulty in identifying victims
What this tends to come down to is development; everything stems from development concerns in education, poverty, infrastructure, etc.The best way to remedy trafficking is to stop it before it happensProsecute current traffickersMake trafficking a major crimeThe damage has already been done once someone has been trafficked; rehabilitation is not enoughAwareness is extremely importantSouth Africans need to understand that trafficking is prevalentThose that are in vulnerable situations need to be able to understand what trafficking is so that they may be able to protect themselvesGreater awareness makes the problem even bigger and makes it seem more immediateIn order to be able to crack down on traffickers, more financial resources need to be allocated to the causeMore money for prosecutorsMore money for prisonsMore money for awareness initiativesMore money for rehabilitative servicesMore money for counselingEtc.Provide a legal framework for protectionWithout this legal framework, there is no way that a victim can seek protection from his or her traffickerCriminal prosecution needs to happen more often against traffickers in order to make the risk of involvement higherStrengthen the status of migrantsMigrants need to be screened properly to be given legal statusMigrants shall not be treated as illegal immigrants, but rather as refugees or be given temporary documentation