COUNTERING HUMAN TRAFFICKING THROUGH A COLLABORATIVE APPROACH IN

COUNTERING HUMAN TRAFFICKING THROUGH A COLLABORATIVE APPROACH IN SOUTH AFRICA MULTIPARTY WOMEN'S CAUCUS, THURSDAY 31 AUGUST 2017

SCOPE OF PRESENTATION • INTRODUCTION • WHAT IS HUMAN TRAFFICKING • GLOBAL SNAPSHOT • OVERVIEW OF SA LANDSCAPE • CHALLENGES • NATIONAL RESPONSES • NATIONAL STATISTICAL CRIME THREAT PICTURE • MOVING FORWARD • CONCLUSION

INTRODUCTION • • Trafficking in persons is a global phenomenon Pernicious form of Morden Day Slavery High on the global agenda Crimes against women and children, LGBTI & human trafficking are government wide priorities • Significant developments re-inforce our efforts in countering TIP • Cautions on sensational and ubstantiated report

WHAT IS HUMAN TRAFFICKING • • Three of the above elements must be present in order to meet the definition of trafficking, unless the person trafficked is under the age of 18 , in which case the “means” is irrelevant in that case, only the act and purpose need be present.

EXPLOITATIVE PURPOSES

WHAT IS HUMAN SMUGGLING • Human smuggling shall mean procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a state party of which the person is not a national or a permanent resident.

HUMAN TRAFFICKING VS HUMAN SMUGGLING Trafficking Smuggling Potential victims agrees to on basis of false information. Centered around exploitation, abuse their Victims. Trafficker-victim relationship continues in country of destination. Trafficking can be cross border or within the borders of a country. Migrants consented to smuggling (helping people cross border illegally). Smuggler does not exploit/abuse the smuggled person. Smuggler ends relationship with arrival at Destination. Always transnational.

Slavery

HUMAN TRAFFICKING: KEY TRENDS AND DEVELOPMENTS • The formal concept of Human Trafficking is a relatively new phenomenon/crime in South Africa. • South Africa is a source, transit and destination country. • Trafficking for sexual purposes (mainly prostitution) and forced labour are the most common forms detected. • Majority of the victims are adult females and teenage girls. • Widespread detection of in-country trafficking of females, mainly from our rural areas into the major urban centres. • Non-Consensual and illegal UKUTHWALA • The most prominent foreign nationals that feature as victims and perpetrators of human trafficking: - Chinese - Thai - Bulgarian - Russians - Nigerians - SADC Nationals (Mainly Mozambican and Malawians)

HUMAN TRAFFICKING: KEY TRENDS AND DEVELOPMENTS • Our threat assessment indicates that South Africa is targeted for large scale human smuggling activities (as compared human trafficking) where illegal immigrants are seeking better economic opportunities. • Political asylum, refugee status, marriages of convenience are frequently utilized to secure the stay of victims or illegal migrants. • Internet and social media popular platforms for recruitment /online exploitation eg. facebook

OVERVIEW OF SOUTH AFRICAN LANDSCAPE • Various schemes to lure unsuspecting victims(loverboy) • Strong nexus between illicit mining activities (Zamas) and suspected human trafficking/human smuggling – it is estimated over 70% of Zamas arrested originate from Mozambique, Zimbabwe and Lesotho. • Minor boys exploited as zamas • Female drug addicts vulnerability abused to be exploited as sex workers and drug couriers • We even dismantled a very prolific organ trafficking network involving a major private hospital group (prior to new legislation)

“SOCIETY’s UNDERSTANDING OF HUMAN TRAFFICKING AND PROSTITUTION NEEDS TO CHANGE… WOMEN ARE HUMAN BEINGS, NOT COMMODITIES TO BE BOUGHT AND SOLD”

PUSH AND PULL FACTORS • Triple challenges of poverty, unemployment and inequality • Political unrest /regional conflict • Gender and ethnic discrimination • Global demand for cheap labour /commercial sexual exploitation • Demand for cheap products • Hopes and dreams for a better life

CHALLENGES • • Shrouded in secrecy Language barriers Grooming of victims Fear of retribution Severe trauma Corruption and complicity Victims do not readily open up to law enforcement • Department of Labour inspectors are often not trained or aware of trafficking in persons • Identifying a voluntary prostitute versus victim not an easy task

IMPACT ON VICTIMS /SURVIVORS • Consequences of trafficking are hidden and difficult to see • Trafficking persons often have limited access to basic necessities such as safety, food, hygiene and medical care. • All victims of trafficking maybe subjected to physical, psychological and social impacts • victims often experience hash physical impacts due to excessive work or the use of force by traffickers. • Victims maybe exposed to serious health risk such as HIV/AIDS as well as mental health risk.

IMPACT ON VICTIMS /SURVIVORS • Anxiety, insecurity, fear and trauma are all products of trafficking • Trafficking can lead to cognitive impairment, memory loss, depression and even suicide. • Minors are all the more vulnerable due to their age • Trafficking may greatly impact children’s emotional, physical and overall psychological development • Trafficked person may also experience ostracism • Human trafficking impedes national and international economic growth

LEGISLATIVE FRAMEWORK • Prior to 2007 no specific legislation criminalising human trafficking • Between 2007 to July 2015, only child trafficking and sex trafficking was an offence • Prevention and Combating of trafficking in persons(Act 7 of 2013) is comprehensive legislation – came into operation on 9 August 2015 • It gives effect to South Africa’s International obligations like the Palermo Protocol • It aims to prevent trafficking in persons through the prosecution of persons involved in trafficking and related offences • It provides for the imposition of appropriate sentences on those convicted of these offences (section 13) • Victim-centred emphasis

COLLABORATIVE APPROACH TO IMPROVE COOPERATION, COORDINATION AND COMMUNICATION NATIONAL GOVERNANCE AND COORDINATION PARLIAMENT DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT NATIONAL INTER-SECTORIAL COMMITTEE FOR TRAFFICKING IN PERSONS NATIONAL PROSECUTORS AGENCY DEPARTMENT SOCIAL DEVELOPMENT DEPARTMENT OF HEALTH SOUTH AFRICAN POLICE SERVICES DIRCO DPCI DEPARTMENT OF LABOUR SARS DEPARTMENT OF HOME AFFAIRS GCIS UNODC IOM NGO’S/ CIVIL SOCIETY NATIONAL POLICY FRAMEWORK PROVINCIAL RAPID RESPONSE TASK TEAM VARIOUS GOVERNMENT DEPARTMENT, POLICE AND LAW ENFORCEMENT AGENCIES, NGO’S/CIVIL SOCIETY

SAPS NATIONAL INTRUCTION • Specific National Instruction(National Instruction 4 of 2015) issued by National Commissioner to ensure all police officials must comply in execution of their duties • Appointment of dedicated National Coordinators and Provincial coordinators for TIP

DPCI HUMAN TRAFFICKING STRATEGY 2014 -2018 BUILT ON 4 FUNDAMENTAL PILLARS (4 P’s PARADIGM) PARTNERSHIP OTHER STAKEHOLDERS PREVENTION AWARENESS PROTECTION VICTIMS PROSECUTION OFFENDERS:

FOUR PILLARS Ø 1. PREVENTION: to increase knowledge, education and awareness about trafficking in persons/ pornography/prostitution and brothels to empower all communities Ø 2. PROTECTION: To provide a holistic integration of services that changes victims of trafficking in persons/pornography/prostitution and brothels into survivors.

FOUR PILLARS…CONT Ø 3. PARTNERSHIPS: To encourage partnerships between government/ non-governmental agencies/the community to monitor and address causes and contributing factors to trafficking in persons/pornography /prostitution and brothels Ø 4. PROSECUTION: To ensure that process are in place to investigate and prosecute cases involving trafficking in persons/pornography/prostitution and brothels. To ensure communication by governing quarterly meetings and communicating with stakeholders to ensure proper monitoring of progress on activities

NATIONAL RESPONSES • Tackling crimes against women and children – a key SAPS priority • Prioritising operations to disrupt and dismantle human trafficking, human smuggling and other organised immigration scams • Dedicated human within DPCI Serious Organised Crime • Victim rescue missions • Victim-centred and trauma informed approach • Intensifying operations at major brothels and strip clubs • Conducting awareness campaigns • Training and capacity building to better prevent and combat trafficking in persons • Draft SOP on victim assistance

NATIONAL STATISTICAL CRIME THREAT PICTURE: DPCI CASES – THREE (3) YEAR STATISTICAL PICTURE 2014/ 2015/ 2016/ 2017 TOTAL AVERAGE (PA) Gauteng 1 3 5 9 3 North Western Cape Limpopo 1 3 0 4 8 1 9 8 3 2. 67 3 2 2 7 2. 33 Northern Cape Free State Eastern Cape 1 2 3 6 2 2 0 4 1 0 2 6 3 2 1 Mpumalanga 1 1 1 3 1 0 0 3 3 1 13 12 29 54 18 PROVINCE Kwazulu Natal TOTAL NB: The table illustrates the affected provinces for the period 2014/2015, 2015/2016 and 2016/2017 financial years.

THE BAR DIAGRAM GRAPH: INTERPRETATION OF THE ABOVE NATIONAL STATISTICAL PICTURE DPCI statistics shows the top 3 provinces are GP, NW and WC.

STATISTICAL OVERVIEW: VICTIM ANALYSIS – 2016/2017 NATIONALITY NO. Malawians 117 South Africans 27 Swazi 17 Mozambican 6 Thai 5 Zimbabwean 3 Congolese 1 Total 176

STATISTICAL OVERVIEW: TARGETS – 2016/2017 NATIONALITY NO. Nigerian 21 South African 13 Malawian 07 Chinese 05 Thai 01 Mozambican 01 Swazi 01 Zimbabwean 01 Congolese 01 Total 51

CONVICTIONS – 2016/2017 PROVINC E VICTIM CHARGE ACCUSED/S SENTENCE GP 1 x SA (f) 1 X SA (m) (children) Diepsloot Trafficking in Persons for sexual purposes Acc 1: SA (f) Acc 1: 12 years imprisonment 1 x SA (f) Moffatview Human Trafficking Acc. 1: Nig (m) Acc 1: 20 years imprisonment 1 x SA (f) Durban Central Human Trafficking Acc 1: SA (m) Acc 2: SA (m) Acc 3: SA (m) Acc 1: 35 years imprisonment Acc 2: 25 years Acc 3: 25 years 1 x SA (f) Durban Central Human Trafficking Acc Acc R 6000 or 3 years imprisonment Instructed to leave RSA as part of sentence. Project Kudu Durban Central Fraud Acc 1: SA (f) Acc 2: SA (f) Acc 3: SA (f) Acc 1: 5 years imprisonment Acc 2: 4 years imprisonment Acc 3: 4 years imprisonment 3 x Swazi (children) Jozini Human Trafficking Acc. 1: Swazi (m) Acc 1: Life imprisonment for 2 x. Rape and immigration Act KZN New Castle Human Trafficking 1: 2: 3: 4: Thai (f) (f) Acc 1&3 – R 30, 000 -00 Acc 2&5 - R 10, 000 -00

CONVICTIONS – 2016/2017 PROVI VICTIM NCE CHARGE ACCUSE D/S SENTENCE EC Project Thula-Tu Mount Road C. 1: Keeping a brothel C. 2: Living off proceeds of crime C. 3: Procuration Acc 1: SA (m) Acc 2: SA (f) Acc 1 & 2: R 6000 or 3 years Imprisonment 3 x SA (f) Humansdorp Acc 1: SA (m) Acc 1: 05 years C. 1: Trafficking in Persons for sexual purposes

RECOMMENDATIONS • Develop a national threat assessment to better understand the scope and scale at this threat • Emphasis on proactive and intelligence-led operation to better detect and prosecute offenders • Strengthen border control to prevent and combat transnational human trafficking networks. • Strengthen cooperation with SADC and other countries to cripple human trafficking networks • Targeted awareness campaigns to vulnerable communities and businesses (factories, hotels, etc. ) • Learning from survivors of human trafficking is key to shaping policy and changing attitudes on human trafficking and prostitution • Foreign language interpreters (explore technology based solutions)

The fight against transnational organised crime such as trafficking in persons requires “DEEDS MORE THAN WORDS” THANK YOU