BRIEFING: THE STATE OF READINESS REPORT BY THE ROLE PLAYER DEPARTMENTS PRESENTATION TO THE JUSTICE AND CONSTITUTIONAL DEVELOPMENT PORTFOLIO COMMITTEE
STATE OF READINESS: DEPARTMENTAL REPORTS PRESENTATION BY: • The Department of Justice and Constitutional Development (Do. J &Cd) • Department of Social Development (DSD) • Department of Home Affairs • Department of Labour • Department of International Relations and Cooperation (Dirco) • South African Police Service (saps)
STATE OF READINESS REPORTS OBJECTIVE PART 1: To present the “State of Readiness Reports” of the various departments/institutions PART 2: To present the Draft Costing Report on the TIP Bill
OVERVIEW OF BILL
Do. J & CD state of readiness (1 of 5) Stakeholders Activities Do. J &CD - Minister State of Readiness Outstanding Time Frames Projected Budget Allocation over 3 yrs Table TIP NPF national policy tabled and framework published Not yet ready Enactment of Bill Subject to Parliamentary process Existing Budget Submit Directives to Parliament & publish Directives submitted & published Not yet ready Development of Directives by NPA Subject to enactment of Bill R 488 600 Contribute in finalising TIP Bill Do. J &CD - Director General Output TIP Act 80% ready Amendments to be considered by Portfolio Committe Subject to PC schedule Existing Budget Establish Inter -Sectoral Committee TIP-ISC established Not yet ready Enactment of the Bill Subject to Parliamentary process Existing Budget
Do. J & CD state of readiness (2 of 5) Stakeholders Activities Output State of Readiness Outstanding Time Frames Do. J &CD - Director General Establish Operational Intersectoral Committee TIP-OISC established 70% ready Membership of other stakeholders March 2011 30% ready Establishment of TIP- ISC to adopt TIP- OISC Subject to enactment of Bill Development of Terms Of Reference March 2011 Projected Budget Allocation over 3 yrs
Do. J & CD state of readiness (3 of 5) Stakeholders Activities Output State of Readiness Outstanding Time Frames Projected Budget Allocation over 3 yrs Do. J &CD - Director General Develop National Policy Framework TIP – NPF developed Not yet ready Development of NPF Subject to enactment of Bill R 700 000 Appointment of additional personnel Administrator Not yet ready Enactment of Bill Subject to Parliamentary process R 3 735 851 Manager Policy developer
Do. J & CD state of readiness (4 of 5) Stakeholders Activities Output State of Readiness Outstanding Time Frames Projected Budget Allocation over 3 yrs Do. J &CD - Director General Establish/Im plement Public Awareness Programmes PAP established & Implemented 20% ready Establishment of PAP September 2011 R 24 316 765 Implementation of PAP Subject to implementati on of Bill Amend Learning Programme & Materials Learning Programme Implement Learning Programme 2029 officials trained 70% ready No yet ready R 1 179 111 Amendment of Learning Programme and Material (Justice College) Subject to enactment of Bill R 4 584 010
Do. J & CD state of readiness (5 of 5) Stakeholders Activities Output State of Readiness Outstanding Time Frames Projected Budget Allocation over 3 yrs Do. J &CD - Director General Establish & Implement IIS Integrated Information System (IIS) 70% ready Integrated Information System Subject to enactment of Bill R 249 284
Department of Social Development state of readiness (1 of 4) Stakeholders Activities Output State of Readiness Outstanding Time Frames Projected Budget Allocation over 3 yrs Minister Develop Regulations 50% ready Finalisation of regulations Subject to Bill enactment R 518 160 Develop accreditation system Accreditation system Not yet ready System design March 2012 R 1 500 000 Adapt funding criteria for accredited organizations Funding criteria adapted 50% ready Adaptation of existing funding criteria October 2011 Existing budget Develop QA tool for accredited organizations QA tool developed 30% ready Developmen t of QA tool October 2011 Existing budget Develop norms and standards for accredited organizations Norms and standards developed 70% ready Consultation Subject to Bill and approval enactment process R 500 000 (2 years)
Department of Social Development state of readiness (2 of 4) Stakeholders Activities Output State of Readiness Outstanding Time Frames Projected Budget Allocation over 3 yrs Minister Develop Monitoring & Evaluation Framework for performance of accredited organizations Monitoring & Evaluation framework Not yet ready Development of framework Subject to Bill enactment R 700 000 (2 years) Director – General Assist foreign victim of trafficking Assistance services rendered 50% ready Assistance service for adults March 2012 Existing budget Develop assessment Assessment framework for the safe framework return of foreign victim 100% ready - - Existing budget Develop a reporting framework 100% ready - - Existing budget Report Framework developed
Department of Social Development state of readiness (3 of 4) Stakeholders Activities Output State of Readiness Outstanding Director - General Escort child victim Child victim to place/country of escorted origin 100% ready Develop learning programme and material Learning Programme and Material 50% ready Updating the Subject to Bill programme and enactment material in terms of Bill Train Master. Trainers 270 Master Trainers trained Not yet ready Training of Master Trainers Subject to Bill enactment Assess and ensure that certificate is issued Assessment report 100% ready - - Certificate Subject to Home Affairs - Time Frames Projected Budget Allocation over 3 yrs - R 960 095 Subject to Home Subject to Bill Affairs enactment R 10 631 742 Existing budget
Department of Social Development state of readiness (4 of 4) Stakeholders Activities Output State of Readiness Director General Provide temporary accommodation to victims pending the assessment Temporary accommodation provided for victims of human trafficking (13 existing shelters) 100% ready Outstanding Time Frames Projected Budget Allocation over 3 yrs - - R 9 313 294 Upgrade existing 13 Shelters shelters upgraded Not yet ready Upgrading of shelters Subject to Bill enactment R 1 761 500 Appoint additional officials Not yet ready Appointment of officials Subject to Bill enactment R 21 296 128 9 x Data Capturers 1 x Data Analysts 3 x Social Work Policy Developers 2 x Social Work Policy Managers 9 x Social Workers for 9 Shelters
DIRCO state of readiness (1 of 1) Stakeholders Activities Output DIRCO - Director General Assess safety Risk assessed risks and life of victims of trafficking who are South African citizens or permanent residents 100% ready Facilitate repatriation of victims of trafficking 100% ready (Infrastructure and personnel in place in consular services) Repatriation facilitated State of Readiness Outstanding - Time Frames - Projected Budget Allocation over 3 yrs Existing Budget (Infrastructure and personnel in place in consular services) Budget allocation for health care; food; temporary accommodation and repatriation Subject to R 1 205 933 approval by the Treasury
Dept of Health state of readiness (1 of 1) Stakeholders Activities Output State of Readiness Department of Health - Director General Provide to foreign victims the same public health care services available to South African victims Same health care services provided to foreign victims 100% ready Outstanding - Time Frames - Projected Budget Allocation over 3 yrs Existing budget
SAPS state of readiness (1 of 2) Stakeholders Activities Output State of Readiness Outstanding Time Frames Projected Budget Allocation over 3 yrs SAPS - Minister Develop and issue National Instructions developed and issued 60% ready Inclusion of proposals amendments to the current Bill Subject to the Existing enactment of budget the Bill SAPS - National Commissioner Amend Learning Material Learning material amended Not yet ready Amendment of Subject to the R 10 317 000 Learning enactment of Material the Bill Train SAPS Officials 15 471 Officials trained Not yet ready Amendment of Subject to the Learning enactment of Material the Bill
SAPS state of readiness (2 of 2) Stakeholders Activities SAPS - Police Official Output State of Readiness Outstanding Time Frames Refer/Transpo Victims rt victim of referred/ trafficking to transported accredited organisation/ provincial department of social development 100% ready Additional budget allocation for transportation Subject to approval by Treasury - Establish dedicated Human Trafficking desks 10% ready Establishment of 9 desks Subject to the enactment of the Bill - 10 Dedicated trafficking in persons desks (1 national desk) Projected Budget Allocation over 3 yrs
Dept of Home Affairs State of readiness (1 of 3) Stakeholders Activities Output State of Readiness Outstanding Time Frames Minister Make Regulations Approved Regulations Not ready yet Formulation of Draft Regulations by Legal Services Subject to R 73 290 enactment of the Bill Director General Issue Directives to Immigration Officers on compliance Directives issued Not ready yet Formulation of Directives December 2011 Existing budget Develop and Victim of Human Not ready yet print a Certificate Trafficking to issue to a Certificate foreign victim of trafficking in person Designing and printing of the Certificate by Legal Services December 2011 R 42 500 1818 Projected Budget Allocation over 3 yrs
Dept of Home Affairs State of readiness (2 of 3) Stakeholders Activities Output State of Readiness Outstanding Director General Receive and consider report by DG Social Development regarding the safety to return a victim of trafficking to their country of origin Report received and considered 100% ready - Issue visitor’s permit to victim of trafficking Visitor’s permit issued 80% ready Extend visitors permit on humanitarian grounds Visitors permit extended 80% ready Issue permanent residence Permanent to victim after 5 years residence permit Enactment of the Bill Time Frames - Subject to the enactment of the Bill 80% ready 1919 Projected Budget Allocation over 3 yrs Existing budget
Dept of Home Affairs State of readiness (3 of 3) Stakeholders Activities Output State of Readiness Outstanding Time Frames Director General Facilitate and accept a citizen/permanent resident who is a victim of trafficking Victim of trafficking 100% ready accepted and facilitated - - Existing budget Issue travel document/approval to a citizen/permanent resident who is a victim of trafficking Travel document/approva l issued 100% ready - - Existing budget Verify the legitimacy and validity of a travel/identity documents Verification report 100% ready - - Existing budget 2020 Projected Budget Allocation over 3 yrs
Current Challenges and Way Forward • • • General Cluster Challenges Different role players have initiated processes which preceded the finalization of the draft Prevention and Combating of Trafficking in Persons Bill. As part of the preparatory interventions, there will be a need to align structures; interventions and processes that are already in place. The DOJ&CD will forward formal letters to the 2121 Directors General of the departments which
NEXT PRESENTATION PART 2: Draft Costing of the TIP Bill
BRIEFING: DRAFT COSTING REPORT OF THE TIP BILL PRESENTATION TO THE JUSTICE AND CONSTITUTIONAL DEVELOPMENT PORTFOLIO COMMITTEE
Impacted Department Costed (Yes/No) Justice and Constitutional Development Yes National Prosecuting Authority Yes Dept of Social Development Yes Dept of Home Affairs Yes South African Police Services Yes Dept of Labour Yes Dept of International Relations Yes Education No Health No State Security (National Intelligence) No Government Communication Information System (GCIS) No
Estimated Volumes – used in draft costing report • 301 human trafficking cases reported to the International Organisation for Migration (IOM – a non-governmental organisation) between January 2004 and June 2009 • • Average of 54 cases per year 10% used as an increment to the 54 resulting in estimated 60 human trafficking cases per year 60 human trafficking cases split according to: o Internal trafficking - 33% o Trafficking of South Africans to other countries - 33% o Residents of other countries trafficked to South Africa - 34% •
Additional Human Resource Requirements Department Resource Justice and Constitutional Development Deputy Director: National Human Trafficking System - National Stats Collation, Reporting and Ministerial Support 12 1 Deputy Director: Human Trafficking Policy Specialist / Regulator 12 1 Administrator to Inter -ministerial Committee Secretary 8 1 Deputy Director: Accreditation of organisations and shelters 12 2 Policy and programme developer – policy, programmes, monitoring and evaluation 10 3 Assistant Director: Data Analyst: - Maintenance of database of shelters 10 1 Data capturer: collate data at provincial offices 4 9 Social workers – stationed at 9 NGO shelters 9 9 Social Development Level Quantity
Additional Training Requirements Department Training Intervention Training Content Staff to be Trained Justice and Constitutional Development Classroom Training Upgrade Existing Material 2, 029 National Prosecuting Authority Classroom Training Upgrade Existing Material 3, 035 Social Development Train-the-trainer Upgrade Existing Material 14, 000 Home Affairs Train-the-trainer Upgrade Existing Material 2 670 Police (South African Police Service) Classroom Training Upgrade Existing Material 15 471 International Relations Classroom Training Upgrade Existing Material N/A Labour Awareness Circular Upgrade Existing Material N/A Health Awareness Circular N/A Education Awareness Circular N/A
Other Additional Requirements: Do. J Department Justice and Constitutional Development IT Systems • New Integrated System for Human Trafficking Department Specific • Design and issue policy • Train staff • • • Manage Inter-sectoral committee Consolidated Human Trafficking reports Human Trafficking public awareness campaign • Human Trafficking awareness material (collateral / circulars, etc) Placing of Posters Courts • Offices •
Other Additional Requirements: NPA Department National Prosecuting Authority IT Systems Department Specific • Upgrade Prosecutors Case Management System • Update existing training material • Train prosecutors • Upgrade Prosecutors Case Reporting System • Issue circulars and directives Placing of Posters • Offices
Other Additional Requirements: Social Dev. Department Social Development IT Systems Department Specific • Upgrade M&E system to cater for Human Trafficking • Update existing training programme; Train trainers & staff • Upgrade M&E system for reporting on Human Trafficking • Issue circulars • Design accreditation process, forms, certificates • Create awareness in own office structures • Care for victims; transport victims • Report on human trafficking Placing of Posters Offices • Service Centres •
Other Additional Requirements: Home Affairs Department IT Systems Home Affairs • Upgrade IT System to Issue Certificates as victim of Human Trafficking Department Specific Placing of Posters • Train immigration officers • Ports of on new requirements Entry • Design and issue human trafficking certificate • Repatriation of victims • Issue circulars Service Centres • • Offices
Other Additional Requirements: SAPS Department South African Police Services IT Systems Department Specific • Add Human Trafficking to Case Management System • Update training programme & train relevant officers • Upgrade reporting to cater for Human Trafficking • Issue circulars • Upgrade Police Station system to display list of accredited shelters • Distribute public awareness material to all police stations Placing of Posters Police Stations •
Other Additional Requirements: Int Relations Department International Relations IT Systems • Upgrade reporting system to cater for reports on Human Trafficking Department Specific • Create awareness at Foreign Missions • Care of victims of human trafficking ready for repatriation • Repatriate victims Placing of Posters Foreign offices •
Other Additional Requirements: Other Depts. Department Dept. of Health IT Systems • N/A Department Specific • • Dept of Education • N/A Dept of Labour • N/A • Distribute posters to schools • Issue circulars to staff • • • Dept of Traditional Affairs • N/A Update existing training material Issue circulars and material for public awareness campaign Update Existing Training Programme Train all Labour Inspectors Issue circulars • Issue circulars Placing of Posters Hospitals • Offices • Schools • Offices • Offices •
General Approach 1. Costs estimates are determined on an incremental basis 1. Costs are determined ONLY for department impacted by the proposed Bill 1. The costs are driven by the structural requirements for each department as it is impacted by the Bill Volumes include eg. Number of victims, number of trainees X cost per item are taken into account as appropriate
General Assumptions 1. 1. The Inter-sectoral committee will be supported from the Chief Directorate: Promotion of Rights of Vulnerable Groups Training required is extensive: use of Do. J (IOM) developed training material (adapted where needed), venues, trainees, travel costs apply Public awareness campaigns required; main portion for Do. J’s account Human resources costs are driven from the proposed people additions to departmental structures 1. Inflation rates applied for MTEF is per Do. J: Yr 1 =6%; Yr 2 =5. 5% and Yr 3=5% 1. Costs applied to quantities obtained from various sources
Overall cost summary Department Total Cost (Start up & MTEF) Version Nov 10 Total Cost (Start up & MTEF) Version Aug 10 Department of Justice and Constitutional Development R 35, 308, 816 R 26, 719, 456 National Prosecuting Authority R R Department of Police Services 32. 1% R Change 8, 589, 360 9, 426, 476 0. 0% R 10, 317, 494 R 11, 701, 962 -13. 4% -1, 384, 468 Department of Social Development R 47, 405, 624 R 18, 619, 659 154. 6% 28, 785, 965 Department of Home Affairs R 9, 758, 384 R 6, 021, 966 62. 0% 3, 736, 418 Department of International Relations R 1, 205, 933 R 3, 857, 154 -68. 7% -2, 651, 220 Department of Labour R 174, 430 0. 0% R 76, 521, 104 36. 9% Total Costs of Implimentation 9, 426, 476 % Change R 113, 597, 157 - 37, 076, 054
Departmental Costs: Do. J Key aspects: 1. Training for judiciary based on estimated number of judges and magistrates. 2. Human capital is for the appointment of additional resources in the department 3. Infrastructure requirements is for IT equipment & database for reporting 4. Public awareness campaign housed in Do. J with various media used.
Departmental Costs: Do. J MTEF At Start Up Year 1 Inflation Year 2 Year 3 6. 0% 5. 5% 5. 0% 1, 170, 137 1, 234, 494 GRAND TOTAL Human Capital (Do. J & CD) Level Q Cost/Unit 551, 951 779, 269 3, 735, 851 8 1 223, 400 236, 803 249, 828 262, 319 12 1 440, 252 466, 667 492, 333 516, 950 12 1 440, 252 466, 667 492, 333 - > Adminstrator > National Human Trafficking System Manager > Policy Development Specialist
Departmental Costs: NPA Key aspects: 1. Training costs is for prosecutors. Application of same model and assumptions as that for Do. J * NPA has not submitted updated costs for latest version (10 Nov 10)
Departmental Costs: Home Affairs Key aspects: 1. Costs of repatriation based on estimated number of adult victims to be repatriated from SA to foreign countries incl. flight costs and travel documentation. Child victims to be repatriated by Department of Social Development. 2. Home affairs to issue Victim of Human Trafficking certificates upon application.
Departmental Costs: Police Key aspects: 1. Primary cost is training of 15 471 * relevant officers. * SAPS has reduced the no. of officers to be trained
Departmental Costs: Social Development Key aspects: 1. Do. J training adopts the trainer model. The training costs includes training of relevant social development officials to care for victims. 2. Human resources cost for accreditation function and data management function 3. Limited amount provided for upgrading shelters 4. Support for victims at accredited shelters provided at estimated average stay and estimated cost per day
Departmental Costs: Social Development MTEF At Start Up Year 1 Level Q Cost/Unit Inflation Year 2 Year 3 6. 0% 5. 5% 5. 0% GRAND TOTAL Human Capital (DSD) > Data Analyst 10 1 317, 212 6, 022, 948 336, 245 6, 354, 210 354, 738 6, 671, 921 372, 475 > Social Work Policy & Programmes 10 3 317, 212 1, 008, 734 1, 064, 215 1, 117, 425 > Social Workers 9 9 260, 528 2, 485, 432 2, 622, 131 2, 753, 238 > Data Capturer 4 9 131, 992 1, 259, 204 1, 328, 460 1, 394, 883 > Social Work Policy Managers 12 2 440, 252 933, 333 984, 667 1, 033, 900 2, 247, 049 21, 296, 128
Departmental Costs: International Relations Key aspects: 1. Repatriation cost is for repatriating SA citizens who are victims of human trafficking in foreign countries back to SA
Departmental Costs: Labour Key aspects: 1. Primary cost is modification of existing training material to cater for human trafficking * Labour has not submitted updated costs for latest version (10 Nov 10)
Addendum Items to be reviewed in light of recent Inter-departmental workshops 1. Repatriation of minors – re-allocation of costs from Home Affairs to Department of Social Development (DSD) – in the region of R 264 k Practical considerations identified a) SAPS victim transportation and other costs to be developed b) Victim security costs c) Upgrading of 13 DSD human trafficking designated shelters d) Increase in Dept of Labour training material and training costs e) Human Trafficking Call centre currently operated by NGO; should a dept take it over and what is the cost; will calls be routed to 10111?
Thank You
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