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SOUTH AFRICA’s STRATEGY TO COUNTER HUMAN TRAFFICKING MEDIA BRIEFING SESSION 13 August 2008 SOUTH AFRICA’s STRATEGY TO COUNTER HUMAN TRAFFICKING MEDIA BRIEFING SESSION 13 August 2008

INTERNATIONAL FRAMEWORK l United Nations Convention Against Transnational Organised Crime – 29 September 2003 INTERNATIONAL FRAMEWORK l United Nations Convention Against Transnational Organised Crime – 29 September 2003 l Protocol to prevent, suppress and punish trafficking in Persons, especially women and children (‘Palermo Protocol’) – 25 December 2003

PALERMO PROTOCOL l l Obligations of ratifying States Criminalise trafficking Investigate, prosecute and convict PALERMO PROTOCOL l l Obligations of ratifying States Criminalise trafficking Investigate, prosecute and convict traffickers Undertake border control measures In accordance with the means of each State Provide measures to protect & assist victims Train law enforcement & border officials Inform & educate victims, potential victims & general public Cooperate with each other and civil society

UN DEFINITION - Article 3 of the Protocol l The action of the recruitment, UN DEFINITION - Article 3 of the Protocol l The action of the recruitment, transportation, transfer, harbouring or receipt of persons By means of the threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits to a person in control of the victim For the purpose of exploitation, which includes exploiting the prostitution of others, sexual exploitation, forced labour, slavery or similar practices, and the removal of organs

INTERIM LEGISLATION - Criminal Law (Sexual Offences) Amendment Act 32 of 2007 l l INTERIM LEGISLATION - Criminal Law (Sexual Offences) Amendment Act 32 of 2007 l l l Part 6 – ss 70 to 71: Transitional provisions relating to trafficking in persons (adults and children) for sexual purposes only Inclusion of pornography under ‘purposes’ Victims not to be prosecuted for any directly related offence, e. g. contravention of immigration laws or prostitution

CONSOLIDATED NATIONAL LEGISLATION SA Law Reform Commission l Issue Paper l Discussion Paper and CONSOLIDATED NATIONAL LEGISLATION SA Law Reform Commission l Issue Paper l Discussion Paper and Combatting Trafficking in Persons Bill 2006 l Consultative process in mid-2007 l Written submissions from interested parties l Revision of Draft Bill Commencement of Parliamentary legislation review process

EXISTING LEGISLATION l l l l Criminal Law (Sexual Offences) Amendment Act 32 of EXISTING LEGISLATION l l l l Criminal Law (Sexual Offences) Amendment Act 32 of 2007 Prevention of Organised Crime Act, 121 of 1998 Basic Conditions of Employment Act, 75 of 1997 Immigration Act 13 of 2002 Films and Publications Act 65 of 1996 Corruption Act 94 of 1992 Extradition Act 67 of 1962 International Cooperation in Criminal Matters Act 75 of 1996

LEGAL FRAMEWORK – COMMON LAW Rape (cases prior to Sexual Offences Act 2007) l LEGAL FRAMEWORK – COMMON LAW Rape (cases prior to Sexual Offences Act 2007) l Indecent Assault (cases prior to Sexual Offences Act 2007) l Kidnapping ‘wrongful and intentional deprivation of the liberty of another’ l Abduction ‘unlawfully taking a minor out of the control of his/her custodian with the intention of enabling someone to marry or have sexual intercourse with that minor’ l Assault (common & with intent to commit GBH) l Murder l Extortion: threatening harm to a person to force them to comply with demands l

SA-EC Agreement l l “Programme of Assistance to the SA government to Prevent, React SA-EC Agreement l l “Programme of Assistance to the SA government to Prevent, React to Human Trafficking and provide support to victims of the crime” (Dec 2007 - Dec 2010) Total programme commitment is EUR 6, 3 million Co-funded by SA government Pillars of the strategy are Information (Research & Public Education), Capacity Building & Development, Victim Support & Integration, Legislation & Policy Development, Monitoring & Evaluation, Liaison & Consultation

RESULT AREA 1 – KNOWLEDGE & UNDERSTANDING OF TRAFFICKING DEEPENED Output 1 – Multi-Disciplinary RESULT AREA 1 – KNOWLEDGE & UNDERSTANDING OF TRAFFICKING DEEPENED Output 1 – Multi-Disciplinary Research Study § Competitive negotiated procedure § Current streams of trafficking in, to and from SA (Victim profiles, traffickers’ profiles, routes, vulnerable groups, etc. ) § Sound estimates as to size and trend of each stream Status Quo - Tender will be awarded by Dec 2008 and research study will commence in Jan 2009

RESULT AREA 1 cont. Output 2–Dissemination of Research Report § § Publication of Research RESULT AREA 1 cont. Output 2–Dissemination of Research Report § § Publication of Research findings Dissemination Workshops and stakeholder meetings Output 3 – Intersectoral database § Terms of Reference for Trafficking Information Management System (TIMS) on conclusion of the research study

RESULT AREA 2 – ENHANCED CO-ORDINATED CROSS-SECTOR RESPONSE Output 1–Establishment of Programme Coordinating Unit RESULT AREA 2 – ENHANCED CO-ORDINATED CROSS-SECTOR RESPONSE Output 1–Establishment of Programme Coordinating Unit (PCU) § Support to National Task Team (Development of National Action Plan § Priority provinces identified for Roll-out of Provincial Task Teams KZN, Limpopo, Mpumalanga and Western Cape Development of provincialspecific Action Plans § Secretariat to Programme Steering Committee § § § Output 2 - Expert Response Team established Multi-sectoral team on call for effective victim and case management Skills transfer to provincial teams Manual of Operating Procedures/ Protocols to be developed Referral Mechanisms to be designed Monitoring for effectiveness by PCU

RESULT AREA 2 cont. Output 3 – Victim Assistance Programme • NGO Empowerment and RESULT AREA 2 cont. Output 3 – Victim Assistance Programme • NGO Empowerment and Support Mechanism: Victim Assistance Fund • Victim Assistance Framework Workshop • Upgrading of facilities (Dedicated courts and Thuthuzela Care Centres): design of standard for prototype of facilities Output 4 – Regional Co. Operation and Coordination • • • Regional Co-operation Mechanisms and structures (assistance from Foreign Affairs) Targeted Regional Interventions Information and Best Practice Knowledge Sharing

RESULT AREA 3 – CAPACITY BUILDING AND DEVELOPMENT Output 1: SAQA-accredited curriculum for “Train-the. RESULT AREA 3 – CAPACITY BUILDING AND DEVELOPMENT Output 1: SAQA-accredited curriculum for “Train-the. Trainer” workshops 1. Basics of Human Trafficking (Core) 2. Psychosocial and health aspects of trafficking (for Do. SD & Do. H) 3. Investigation (for SAPS) 4. Legislation (for Do. JCD incl. NPA and LCMC) 5. Irregular migration and migration management aspects of human trafficking (for DHA) Output 2: (Interim) Training Workshops § 60 country-wide counter-trafficking workshops from July to Dec 2008 § Targeted at 5 institutional clients: Home Affairs, Social Development, Health, Justice & Constitutional Development (NPA & LCMC) and SAPS § Workshops for Social Service Providers and Border Officials at Ports of Entry § Law Enforcement Workshops (investigators, prosecutors and border officials) held

RESULT AREA 3 cont. Output 3: Support & Monitoring § Follow-up visits among government RESULT AREA 3 cont. Output 3: Support & Monitoring § Follow-up visits among government instructors trained by IOM in second half of 2009 § Training support to, and monitoring & evaluation of the newly-trained instructors § Support the curriculum integration process into existing training programme Role of PCU/NTT/PSC § Ensure appropriate content and Curriculum Development and Delivery § Ensure Harmonisation of Workplans § Provide Support § Monitor Performance and § Evaluate for Effectiveness

RESULT AREA 4 – PUBLIC EDUCATION & AWARENESS Output 1–Prevention Strategy § Development of RESULT AREA 4 – PUBLIC EDUCATION & AWARENESS Output 1–Prevention Strategy § Development of messaging by Task Team § Design Targeted Prevention Programme for Vulnerable Groups § Implement Interim Awareness Programme Output 2 – Public Awareness Strategy § International Open Tender § Implement Full Scale Awareness Programme § Launch National Action Plan (NAP) § Develop ‘low cost-high impact’ Regional Prevention & Awareness Strategies § Details at http: //ec. europa. eu/europeaid/t ender/data/d 55/AOF 86355. htm Ref: Europea. Aid/12708/D/SER/ZA

RESULT AREA 5 – EVALUATION & AUDIT EC Delegation l Annual Financial and Compliance RESULT AREA 5 – EVALUATION & AUDIT EC Delegation l Annual Financial and Compliance Audits l Mid-term Operational Review l Final Review

GOVERNANCE PROGRAMME STEERING COMMITTEE l l l Strategic level Inter-departmental Management Team (IDMT): SOCA GOVERNANCE PROGRAMME STEERING COMMITTEE l l l Strategic level Inter-departmental Management Team (IDMT): SOCA Unit-NPA, Do. JCD, Ministry of Safety & Security Secretariat, Education, Health, Social Development, Correctional Services, National Treasury By Special Resolution: Home Affairs, Labour TASK TEAM l l l Operational level Technical support to PCU SOCA-NPA, Legislation-Do. JCD Immigration-DHA, Organised Crime Unit-SAPS, Ports of Entry. Police, SAPS, Department of Labour, Dept. of Social Development, IOM Southern Africa, UNODC Southern Africa, Molo Songololo

PROGRAMME ORGANOGRAM PROGRAMME ORGANOGRAM

Ms Malebo Kotu-Rammopo National Coordinator Programme Coordinating Unit, SOCA Unit – National Prosecuting Authority Ms Malebo Kotu-Rammopo National Coordinator Programme Coordinating Unit, SOCA Unit – National Prosecuting Authority [email protected] gov. za (012) 845 -6153 [email protected] gov. za (012) 845 -6149