Trafficking in Persons

The current legal framework

in South Africa
Dawn Coleman
Sexual Offences and Community Affairs
Unit
 What is
Human
Trafficking?
Simply put Human Trafficking
is:

“Modern
Day
Slavery”
“fresh
young
meat”
 The Saartjie
Baartman Story
A famous SA
example of
trafficking of a
human being for
exploitation
In 1810 - 21 year old Saartjie
Baartman

A farm worker in the Cape

Promised fame, fortune and freedom

by a visiting surgeon from England

She accepted and travelled to

London with him.
She was exhibited naked in
Paris and England and
exploited by her trafficker for
profit.

Labelled “Hottentot Venus”

She died 6 years after leaving

SA at age 27.

Her body was dissected,

organs removed and displayed
in a French Museum.

Her experience is one that is all

too common for thousands of
women, children and men.
 Human trafficking is an
international human rights crisis

3rd largest criminal industry in

the world, outranked only by
arms and drug dealing.

The U.N estimates that TIP

generates $7 to $10 billion
annually for traffickers.
Human trafficking
is a crime
that occurs much
more as a process
rather than as an
event
TIP PROCESS IS:
EXPLOIT

TRANSPORT

RECRUIT
Section 70(2)(b) of the Criminal Law
(Sexual Offences and Related Matters
Amendment Act) defines trafficking in
persons as:
SUPPLY
SALE
RECRUITMENT
PROCUREMENT
TRANSPORTATION
TRANSFER
 CAPTURE
HARBOURING
REMOVAL, DISPOSAL &
RECEIVING
 OF A PERSON
WITHIN OR ACROSS THE
BORDERS
OF SA
by
BY THREATS,
INTIMIDATION
FORCE
Coercion
Abduction
Fraud
Deception or false pretences
 The giving or receiving of payments,
compensation, rewards, benefits or any other
advantage
The abuse of power or of a position of vulnerability which
inhibits the complainant from indicating his/her
unwillingness or resistance to being trafficked
FOR THE PURPOSE OF
EXPLOITATION,
GROOMING OR ABUSE
OF A SEXUAL NATURE
There are however many forms of
exploitation that persons are
trafficked for:
Forced Begging
Child Soldiers
 Forced Labour

Children Exploited for

cheap Labour
Organ Trafficking
Illegal Adoptions
Baby trafficking
Sexual exploitation:
forms 80% of TIP
COMBATING OF TRAFFICKING
IN PERSONS BILL
Currently still with the South African Law Reform
Commission.

Makes provision to combat trafficking in persons

generally, other offences associated with
trafficking in persons, and provides for matters
connected therewith.
COMBATING OF TRAFFICKING
IN PERSONS BILL
“exploitation” in terms of the TIP Act includes, but is not limited
to—

(a) all forms of slavery or practices similar to slavery;

(b) forced marriage;
(c) sexual exploitation;
(d) servitude;
(e) forced labour;
(f) child labour as defined in section 1 of the Children’s Act;
(g) the removal of body parts; and
(h) the impregnation of a female person against her will for the
purpose of selling her child when the child is born;
 Children’s Act 38 of 2005

Certain sections of the Children’s Act

came into operation on 1 April 2010.

This Act introduces the crime of trafficking

relating to children.

Once the Combating of Trafficking in

Persons Bill is passed, these provisions
will also be repealed as they are also
transitional provisions
 Children’s Act 38 of 2005
'exploitation' , in relation to a child, includes-

(a) all forms of slavery or practices similar to

slavery, including debt bondage or forced
marriage;
(b) sexual exploitation;
(c) servitude;
(d) forced labour or services;
(e) child labour prohibited in terms of section 141;
and
(f) the removal of body parts;
 Other Law
Despite the absence of comprehensive
legislation on human trafficking we can still
use common law ( e.g. abduction, assault,
kidnapping etc) and other statutory law (e.g.
POCA, the Immigration Act, the Basic
Conditions of Employment Act etc) where an
adult has been trafficked; and it is not
covered by the Criminal Law (Sexual
Offences and Related Matters Amendment
Act) because it was not for a sexual purpose.
Traffickers target those living
in areas with:
¾ Poverty
¾ Unemployment
¾ High government
corruption
¾ Political instability
¾ Organized crime
¾ Armed conflict
 Trafficking and
Smuggling

Trafficking is not
the same as
smuggling, but
may involve
smuggling in the
process.
 Human Smuggling

the procurement of the illegal entry into or

illegal residence of a person in a State
Party

of which the person is not a national or a

permanent resident

in order to obtain, directly or indirectly, a

financial or other material benefit
 Who is a John?

What does he look like?

“The Demand Creator”

Ref: Iris Yen: THE JOURNAL OF CRIMINAL LAW &

CRIMINOLOGY Vol. 98, No. 2
9Faceless

9Nameless

9blameless
While the weight of law has
fallen on the prostitutes
Johns can remain anonymous
and can maintain a façade of
being "respectable" men.

Anonymity protects them from

accountability and culpability
 9Johns also feel entitled to any
sexual service they desire.

9Includes desire to have a certain

type of sexual activity
which they are unable to have
with wives / girlfriends

9Dehumanise the prostitute

 Many Johns believe
common myths about
prostitutes such as:

"she does it because

she likes it”,
"she chooses to do it,"
and "prostitutes make
a lot of money”.
One British study found that the typical
John is:

around 30 years old

Married – 70% to 90%
employed full-time with no previous
criminal record.
come from all nationalities, races, age
groups;
the age of buyers ranged from 15 – 90
years.
9 from all occupational
backgrounds

9 working class to
professional men,

9included prominent
community members
such as politicians,
lawyers and doctors.
 Some Johns refuse to take
responsibility for their own actions
even
if they know that the prostitute was
forced into commercial sexual
exploitation.

NB:
The new SA amendments
allow for clients to be
prosecuted
Penalty: 20 YEARS
What should people look
for if they suspect human
trafficking is occurring?

(Signs of HT)
¾Evidence of being controlled

¾Evidence of inability to move or leave job

¾Bruises or other signs of physical abuse

¾ Fear or depression

¾ Does not want to talk - aggressive

¾ Wants to get back home asap

¾ Not speaking on own behalf
and/or non-English speaking

¾ No passport or other forms of

identification or documentation

¾ Is hungry-malnourished or
inappropriately dressed (based
on weather conditions or
surroundings)
 You need to ask:
1. What happened to you?
2. Who caused this to happen to you?
3. Where do you live?
4. With whom?
5. Would you like some help (police;
social worker; information,
counselling)
6. Do you need to be removed to a place
of safety?
 HPPB Task Team
Tsireledzani! means ‘Let us protect’ in Tshi-
Venda.

It is the name of the South African Government’s

initiative to combat Human Trafficking in order to
comply with it’s international obligations.

The programme, funded by the European

Commission, is driven by the NPA and involves
numerous government departments and civil
society partners.
 HPPB Task Team

At National Level there is a

Human Trafficking Task
Team - The National Human
Trafficking Task team. This
task team has developed a
three year programme.
(Dec 2007 - Dec 2010)
 HPPB Task Team
One of the
responsibilities of
the National Human
trafficking task
team is to set up
Provincial Human
Trafficking Task
Teams.
 HPPB Task Team
The KwaZulu – Natal Task
Team was set up on
2/10/08.

HPPB – Human Trafficking

/ Prostitution / Pornography
and Brothels Task Team.
 History cont.
Prior to the first meeting of
we did some research as
to how Human Trafficking
is dealt with
internationally.

We looked at Turkey,
Pakistan, Thailand, United
Kingdom, Denmark,
Ireland, Kosova and
Swedan.
 History cont.
It became clear that the international
strategies main focus areas were:

1.
1.Prevention
Prevention

2.
2.Protection
Protection

3.
3.Prosecution
Prosecution

4.
4.Partnerships
Partnerships
 History cont.
Using these 4p’s as
a guideline we
developed the first
draft on the KZN
human trafficking /
Prostitution /
Pornography and
Brothels action plan
(HPPB).
 OBJECTIVES
- 4 P’S
PREVENTION:
To increase
knowledge, education
and awareness about
Human Trafficking /
Pornography /
Prostitution and
Brothels to empower
all communities.
 OBJECTIVES CONT.
PROTECTION:

To provide a holistic
integration of
services that turns
victims of Human
Trafficking /
Pornography /
Prostitution and
Brothels into
survivors.
 OBJECTIVES CONT.
PARTNERSHIPS:
To encourage
partnerships between
Government / non
governmental
agencies / the
community to monitor
and address causes
and contributing
factors to Human
Trafficking /
Pornography /
Prostitution and
Brothels.
 OBJECTIVES CONT.
PROSECUTION:

To ensure that proper

processes are in place
to investigate and
prosecute cases
involving Human
Trafficking /
Pornography /
Prostitution and
Brothels.
 First Meeting

Having decided on the

objectives (4P’s) of the KZN
action plan we needed to look
at activities that we could
practically implement in the
province to achieve these
objectives.

These activities were decided

on by all of the stakeholders at
the first meeting of the task
team and the action plan was
populated.
 REVAMP
We saw the action plan for 2009 as a
straw hut on which to build in 2010.

During February 2010 a strategic planning

session was held in Durban and the plan
was revamped for 2010.

It is a one year implementation plan

reviewable annually.
 PREVENTION
Voice over the formal presentation
for High schools on HPPB
developed in 2009.

Translate it into Zulu

Cut the presentation onto CD

Make copies of CD and distribute

to schools, NGO’s etc – funding?
 PREVENTION
Do train the trainer workshops in various
strategic areas in the province (traffick proof).

Pinetown / Verulam / Pietermaritzburg / Durban

/Umlazi / Empangeni / Newcastle / Northern
Natal / Kokstad / Underburg ?/ Ingwavuma

Train members of the LVEF’s on the CD and

Traffick proof.
 PREVENTION CONT.
Arrange training to create
awareness for key role
players in the Province re
HPPB in light of 2010 for
example the EThekwini
municipality, Health, Ports,
Mall security, ACSA

Identify local newspapers,

radio stations to do Public
awareness on HPPB –
media training done.
 PROTECTION
Develop protocols
on the
management of
victims
 PARTNERSHIPS
Monitoring of effectiveness of KZN Task
Team by quarterly reporting [Monitoring
and Evaluation]

Develop a media stratgey

 PROSECUTION

Empower this sub task team with

skills and knowledge to combat HPPB
via training and development

Develop a project around brothels

focussing on victims of HT.

Pro actively look for HT cases.

Structure
The task team meets as a
whole every second month.

At these meeting we
discuss the progress on the
action plan and challenges
that we have encountered.

Solutions as well as a way

forward are discussed.
 Structure cont.
In between these
main meeting we
have sub
committee
meetings – these
are meeting where
we practically do
the work - for
example draft the
protocols– plan
raids etc.
Who are the Role-players in
KZN?
 NPA

PROCESS DRIVEN BY ORGANISED CRIME COMPONENT

KZN

AND

SOCA KZN
 SAPS
SAPS Organised Crime (OCIUS)

Crime Intelligence

Local Criminal Record Centre (LCRC)

Technical Support Unit (TSU)

FCS – recent addition

 Government Departments
Dept. of Justice

Dept. Home Affairs

Dept. of Education

Dept. Social Development

Dept. of Labour

Dept. of Health

Dept. of Comm. Safety

Asset Forfeiture Unit
(AFU)

Metropolitan Police

SANDF

NIA

Witness Protection
NGO’s and Civil Society
SA Human Rights Commission (SAHRC)

Southern Sun Hotels

Commission on Gender Equality (CGE)

Bobbi Bear

Childline
ACSA

Internet Service Providers.

Films & Publications Board

Office on the Rights of the Child

Children’s Rights Centre

Open Door Crisis Centre

Doctors for Life

Lifeline

Kids Clinic
INTERNATIONAL ORGANISATIONS

ILO – International Labour Organisation

UNODC

IOM

US EMBASSY

CANADIAN HIGH COMMISIONERS OFFICE

DURBAN
 Challenges
Direct reports of Human Trafficking are rare

In KZN It is usually the underlying offences of

- prostitution
- keeping a brothel
- Immigration Offences

that are reported.

 Challenges
HT is a Crime shrouded by
secrecy / clandestine affair

It is difficult to identify as:

– Victims are threatened / traumatised / afraid to talk

even when rescued (Family Threatened? Get same
Lawyer as the accused)?
– Exploitation takes place behind the fronts of legitimate
businesses
Massage Parlours
Escort Services
 Challenges cont.
We have realised that awareness
around human trafficking is very
limited amongst stakeholders and
the community (Traffick Lights) –
affects identification of cases.

Limited amount of “trainers”.

Impoverished rural communities are

particularly vulnerable (OVC) – we
have had recruiters in schools –
reaching these communities is a
challenge – “Traffick proof”
 Challenges cont.
Lack of skills / training – KZN is in the process of
building capacity

Resources – no dedicated staff members – I/O’s

are dealing with other cases. Complex cases
that need special skills for example financial
investigations / funding for activities.

Mindsets need to be changed across the board

re Prostitution, the existence of human trafficking
etc.
Precautions to
take
to prevent
HT
 Tips
¾ No matter who offers you a job,
whether a friend, family member,
or employment agency

make sure the offer is real.

The employer

check that the

employer is a
registered company
with a physical
address and a
landline.
The employment
contract

• make sure that you

sign a legal contract
with terms that you
have agreed to, such
as hours or work,
wages to be paid,
working conditions
etc.
Documents:

• Make sure you have a

valid passport and a
work permit for the
country you will be
travelling to.

• It is illegal for an
employer or any
person to keep your
passport.
Travel costs

• if your future
employer offers to pay
for your travel

• your contract should

state the amount you
will owe and how long
it will take you to repay
and what happens if
you fail to pay.
Keep in contact

• call a friend or family

member regularly.

• Once you arrive at

your destination, call
them with your exact
location. They will
know something is
wrong if you don’t get
in touch with them.
• If the job is situated overseas, speak to
the embassy of the country you are
going to.

An embassy can:

– Provide you with emergency contact

numbers for their country.

– Help you obtain the correct

documents to work legally in their
country.

– Give you information regarding their

laws on immigrant workers.
Tips for children:
1. Never ever go anywhere alone.
Make sure you are in a group with
friends or with an adult you personally
know.

2. Never go anywhere without telling

your parents where you are going.
Make sure your parents have the
phone numbers of your friends who
you are with. Always let your parents
know if your plans change.

3. Learn your parents’ telephone

numbers off by heart. And your mom’s
and dad’s name and surname. Also
learn an aunt’s or uncle’s number in
case you can’t get hold of your parents.
 Tips for children:

4. Don’t go to places that you

don’t know. If you get lost in a
shopping centre, (or anywhere
else) go to the security
immediately and ask for help.
Don’t try to look for your parents
yourself… get help!

5. Don’t go with people you don’t

trust. Don’t go to public toilets on
your own. Go with friends or with
your parents.
Tips for children:
6. Don’t take sweets, money,
gifts or cool drinks – don’t take
anything – from strangers.

7. Don’t accept lifts from

strangers. Never ever get into a
stranger’s car or go anywhere
with them.

8. If someone is following
you…Run!!!!!!! And scream!!!!
Make loud noises!!! Rather be
safe than sorry.
Tips for children:

9. Write your name on the

inside of your clothes and your
schoolbag. As well as your
parents’ phone numbers.
Never on the outside where
strangers can see it.

10. Don’t play in the streets

alone! It is easy for a stranger
to stop next to you, grab you
and pull you into the car.
 Tips for children:

REMEMBER the BUDDY SYSTEM:

ALWAYS take a FRIEND / BUDDY with
you, WHEREVER you go! Hold onto your
friend! This way you can help each other
when you are in trouble – anywhere you
go!!!
 Tips for parents:

DO NOT WAIT 24 HOURS

BEFORE REPORTING
YOUR CHILD MISSING!!!

Always keep a recent

photograph of your child
in your purse/wallet or on
you cell phone. In case of
an emergency, then the
photograph would be
readily available.
 Tips for parents:
Teach your children their own
names, addresses as well as your
name and telephone number.

Take your children to the nearest

police station/hospital/clinic and
show them how to get there. Point
out land marks, to prevent them from
getting lost.

Teach them to take the same route

to and from places (school,
shopping centers, friend’s house).
This way when your child is missing,
you can start looking on the
discussed route.
 Tips for parents:

• Back to basics: teach them

that they should not trust a
stranger, should not accept
anything from strangers or go
anywhere with a stranger.

Get a CODE WORD… when

your child is approached by
the stranger and the stranger
does not know the CODE
WORD, the child should know
not to trust the person.
 Tips for parents:

Parents who allow their

children to have MxIT or
Facebook, get a way to monitor
it.

Know who your child is talking to,

show you are interested,
familiarise yourself with the
technology, the networks, slang
language and always be one step
ahead
WHAT CAN YOU DO TO HELP?
Create awareness about Human trafficking
– traffick proof tool.

Current economic climate is increasing the

vulnerability of impoverished communities.

Be the eyes and the ears of the

community.
WHAT ELSE CAN YOU DO TO
HELP?
Communities need to be alert and report
anything suspicious to their local police no
matter how petty it may seem and should take
note of the following:

– Continuous noise, disturbances, visitors at night and

in the early hours of the morning to a particular place
or residence.
– Make a note of the persons who visit these places,
and take down registration numbers of vehicles and
frequency of visits by clients etc.
WHAT ELSE CAN YOU DO TO
HELP?

– Be alert as landlords if you

are leasing your premises. Do
proper checks on tenants and
always do frequent checks to
ensure that your property is
not being used for criminal
purposes – property can be
forfeited to the state if found
to be used as an
instrumentality of a crime.
 Helpline numbers:
The International Organisation for
Migration 0800 555 999
Childline 08000 55555
Salvation Army 08000 RESCU
Open Door Crisis centre 082 11 305
Missing persons: Local Police Station or
031 3254756 / 012 3932002
 Contact Details
Adv D Coleman

Tel: 033 3928700

Cell: 084 2644780

[email protected]