Human TraffickingIntroductionNational & International Framework Advocate Val Lotan Human Rights Commission 4 June 2010
Introduction to HT International Framework National Framework S71 Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 5. HPPB KZN Task Team Topics
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 • Promised fame, fortune and freedom by a visiting surgeon from England. (RECRUITED – deception/false promises) • She accepted and travelled to London with him. (TRANSPORTED)
She was exhibited naked in Paris and England and exploited by her trafficker for profit. (EXPLOITED) 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. 200 years later her experience is all too common for men, women and children
“Modern Day Slavery” Buying and selling of human beings for purpose of exploitation Human Trafficking in its simplest definition is:
1 Victims are all races, gender and ages 2 FORCED LABOUR / FORCED BEGGING 3 ILLEGAL ADOPTIONS CHILD SOLDIERS FORCED MARRIAGES 4 5 ORGAN TRAFFICKING Various Forms of Trafficking: PROSTITUTION & PORNOGRAPHY
80% of TIP consists of sex trafficking 12 million people worldwide are enslaved Approximately 80% are women and girls A B 50% are minors D C 600,000 - 800,000 men, women and children are trafficked across international borders each year TIP STATISTICS
Human rights Crisis!!!Internationally • Human trafficking: 3rd largest criminal industry in the world, outranked only by arms and drug dealing. • The United Nations estimates that trafficking in persons generates $7 to $10 billion annually for traffickers.
Trafficking Statistics for South Africa • The 5 week school-break during FIFA 2010 could lead to hundreds of children being recruited into child prostitution rings and others being trafficked. (IOM's "Eye on Human Trafficking", 2007) • Between 28,000 to 30,000 children are currently being prostituted in South Africa. (Molo Songololo, 2000)
SA victims recruited from rural areas or informal settlements. • transported to the urban centres - exploited • Boys under 18 years are increasingly lured into sexual exploitation and used for pornography. (IOM, RITSA, 2008)
WhoAre Victims of Trafficking? Men, women, and children Various ages and backgrounds Diverse national origins and cultures
Sex slave epidemic hits E. Cape THE Eastern Cape is at the centre of a human trafficking epidemic. Hundreds of children are being plucked
International Organisation for Migration survey • The province of origin for victims most frequently noted was the Eastern Cape. • Followed by KwaZulu-Natal, • Northwest Province, • Limpopo and • Northern Cape
Child Trafficking • Children are recruited work as: • domestic workers on farms and homes • vendors, • hawkers, • parking lot attendance, • taxis fair collectors
Assistants in shops, cafes, flea markets, etc. • Informal service, construction and manufacturing sectors. • beggars • to engage in criminal activities; into gangs, as drug sellers
What Does Human Trafficking Really Look Like? Labor Trafficking Domestic servitude Agriculture Construction Restaurant work Sweatshops Salon work Manufacturing Small or family businesses
What Does Human Trafficking Really Look Like? Sex Trafficking Prostitution Massage parlors Tanning salons Brothels Pornography Sex tourism Exploitation of children
Maria came from a poor family and was looking for a better life, She accompanied the trafficker to S.A. Promised a waitressing job. On arrival at JHB her passport was taken away Drugged and kept in isolation until she was finally forced into prostitution. The faces of trafficking common to our cases
“Fresh young Meat” at a price!
“I wasn’t even permitted to sleep. I could eat, but only if very fast, just for a few minutes. I had no right to sleep. If I decided to go to bed, he would beat me, and throw me out onto the street.” Face of violence
Shadir • 15 year old boy living in India • Offered a job that promised good clothes and an education; he accepted • Instead of being given a job, Shadir was sold to a slave trader who took him to a remote village in India to produce hand-woven carpets
Shadir • He was frequently beaten. • He worked 12 to 14 hours a day and he was poorly fed • Shadir was rescued by a NGO working to combat slavery • It took several days for him to realize he was no longer enslaved • He returned to his village, was reunited with his mother, and resumed his schooling. • Now Shadir warns fellow village children about the risks of becoming a child slave.
Human trafficking is a crime that occurs much more as a process rather than as an event
FOR PROFIT For Involuntary Servitude or Debt Bondage or Slavery or Sex Trade EXPLOITATION TRANSPORTATION By Force OR Fraud OR Coercion RECRUITMENT The Trafficking Process is:
Why does Organised crime syndicates focus on Trafficking in Human Beings • Low Investment 2. Maximum profit 3. Penalties are mild when compared to other organised crime, such as drug offences
HT may be difficult to detect and requires proactive / reactive investigations to uncover • It is a Crime shrouded by secrecy • Fronts of legitimate businesses • Victims are threatened / afraid to talk • Corruption is rife in various departments.
Language barriers • Inexperienced police and prosecutors unable to identify, investigate or prosecute effectively the crime of TIP
We have yet to receive a direct report of Human Trafficking being reportedIt is usually the underlying offences of “prostitution”keeping a brothelImmigration Offencesthat are reportedCertain of these offences can form the basis of a Human trafficking investigation and includes elements of organised crime
From cases we have identified signs of HT such as: • Evidence of control and lack of ability to move freely or leave job • Signs of physicalabuse / threats of abuse • Fear or depression • Non-English speaking • Recent arrival from Asia, Latin America, Eastern Europe, Canada, Africa, India or within the country.
Lack of ID or immigration documents • Debt bondage • Earnings taken by manger/boss/pimp • Previous arrests/history • Presence of a “mama san” / person in charge
International Framework: Why is it Important?
SA has obligations ito international law • S. 39 of the SA Constitution allows international law / cases in court to be considered • We are in line with international trends
SA Government Obligations • SA Constitution – Sec. 28 Bill of Rights • UN Convention on the Rights of the Child • The African Charter on the Rights and Welfare of the Child • Optional Protocol to the UNCRC • Stockholm Agenda for Action • United Nations Convention Against Transnational Organised Crime • UN Protocol to Prevention, Suppression and Punish Trafficking in Persons, especially women & Children (The Palermo Protocol)
HT Main International Protocol • Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Palermo Protocol) • Supplements the UN Convention Against Transnational Organized Crime
Regional Charters • Protocol on the Rights of Women in Africa 2005 • Underlying document - African Charter on Human and People’s Rights • Article 4 (1)– Right to Life, Integrity & Security of the Person • Exploitation specifically prohibited • Article 4 (2)(g) - • Prevent & condemn trafficking • Prosecute the perpetrators • Protect the victims
Regional Charters African Charter on the Rights and Welfare of the Child (2000) • Article 16: Protection Against Child Abuse and Torture • Article 27: Sexual Exploitation • Sexual activity, prostitution and pornography • Article 29: Sale, Trafficking and Abduction • For any purpose by any person
Human Smuggling • illegal entry into or illegal residence of a person in a State Party • person is not a national or a permanent resident • in order to obtain, directly or indirectly, a financial or other material benefit…
Trafficking is for the purpose of exploitation A trafficked victim: no informed consent Migration and people smuggling is not for the purpose of exploitation A smuggled migrant consents to the movement Differences between trafficking, people smuggling & migration
Violence Debt bondage Force T.I.P Threat Deceit Deprivation of freedom of movement Confiscation of Travel documents Confiscation of identity papers Characteristics of Trafficking
Adverts • opportunities abroad (Eg: au pair, work on kibbutz, etc) • Deception and false promises. • Lover boy approach