Article compiled by Annalise Kempen

This young girl is one of the millions worldwide who have become silent victims in international populations who are not allowed to lead the same lives as are generally expected of young people in our modern times. These silent victims are not allowed to speak out - and form the very heart of an international crime for which no reliable statistics are available to determine how big the problem really is.

According to the US State Department, at least 700 000 and potentially as many as four million people were  bought, sold, transported and held against their will in slave-like conditions during 2001.

In October 2007 the "Global Initiative to counter Human Trafficking - International Forum" was held in Cape Town. Despite the forum being held 200 years after the abolition of slavery, some would argue that slavery still continues today in its modern form, and is called human trafficking.

According to the Optional Protocol to the UN Convention on Transnational Organised Crime (the Palermo Protocol), "trafficking in persons mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion; abduction; fraud; deception; abuse of power or position; vulnerability; giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs".

In simple terms human trafficking means "the process of recruitment and transportation of people by means of deception or force for the purpose of exploitation. This exploitation most commonly involves forced prostitution, but victims are also trafficked for bonded labour and domestic servitude". (Rebecca Wynn - Mail & Guardian article.)

With Cape Town playing host to the Global Initiative International Forum, Min Pahad, Minister in the Presidency, couldn’t let the opportunity pass without making reference to the South African Griqua woman who had been lured away to England, two centuries ago. Saartjie Baartman’s story is a familiar one, especially after Madiba’s official request to have her remains returned from Paris, had been successful. This action has, to a great extent, put human trafficking on the South African agenda.

South Africa is a signatory to the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (the Palermo Protocol) and has ratified this Protocol on 20 February 2004. "We as a country have committed ourselves to criminalise trafficking and develop legislation to combat it. The National Prosecuting Authority (NPA) has been tasked with coordinating this process and has formed an inter_sectoral task team to oversee the development of legislation. Provisions on trafficking have already been included in the Children's Bill, and the revised Sexual Offences Act has a dedicated chapter to criminalising trafficking for sexual purposes," said Min Pahad at the Forum.

Sections 70 and 71 (part 6 of Chapter 7) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 are intended to be of a temporary nature, pending the enactment of comprehensive legislation arising from the investigation by the South African Law Reform Commission relating to the trafficking of persons. The aim of these sections is to elevate "trafficking" to a substantive offence, providing, among others, that a person who "trafficks" [as defined] any person, without that person’s consent, is guilty of the offence of trafficking in persons for sexual offences. These sections give effect to South Africa’s international obligations as a party to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, as stated above. Chapter 18 of the Children’s Act 38 of 2005 contains similar provisions but of course only in respect of children.

Section 13 of South Africa’s Constitution states that no-one shall be subject to any form of slavery, servitude          or forced labour in South Africa. One of the ways in which these human rights can be protected, is to make trafficking a crime; provide protection for the victims of trafficking and to ensure greater solidarity amongst nations in the battle against all forms of human trafficking.

As stated earlier, accurate statistics on human trafficking are not available, mainly due to the fact that victims seldom speak out. As there is no legislation focussing on human trafficking, no cases are prosecuted. When victims are rescued, it is one of the few sources of statistics. A sad fact is that victims are often charged for drug abuse. "We know that trafficking is an under-reported crime, that even law enforcement officials do not record trafficking cases accurately, and the lack of awareness of what trafficking is all about, all impact on the accuracy of the data ... assistance with awareness raising is very important to the efforts of government," said Min Pahad.

The primary purpose of trafficking is threefold:

• prostitution;
• forced labour (domestic, agricultural or mining); and
• removal of organs (transplants or muti).

The role of organised crime in human trafficking must never be underestimated, as it is a highly lucrative business. A paper presented at the International Forum held in Cape Town put the total market value of human trafficking at $32 million ($10 billion realised at the point of sale of persons and $22 billion risk-free profit from related criminal activity). Human trafficking is considered to offer the third largest source of income to organised crime, after small arms (weapons) and drug smuggling which are the two most lucrative forms of organised crime internationally.

A 2003 report by the IOM on Seduction, Sale and Slavery: Trafficking of Women and Children for Sexual Exploitation in Southern Africa, estimated that at least a thousand women are trafficked into South Africa from Mozambique every year. Our country is a transit point for women and children trafficked from the SADC region, but again reliable statistics are not available. Another IOM report revealed that Mozambican women and girls were smuggled through the Lebombo border posts with the promise of jobs in South Africa, and then sold to miners on the West Rand for R500. Others were sold to Johannesburg brothels for R1000. If a thousand victims were sold annually, it would amount to R1 million per year.

Nine distinct patterns of trafficking activity that have emerged in Southern Africa were identified in the abovementioned report:

• trafficking of women from refugee-producing countries to South Africa;
• trafficking of children from Lesotho to towns in the Eastern Free State of South Africa;
• trafficking of women and girls from Mozambique to Gauteng and KwaZulu-Natal;
• trafficking of women from Malawi to Northern Europe;
• trafficking of girl and boy children from Malawi to Northern Europe;
• trafficking of women and girls from Malawi to South Africa overland;
• trafficking of women from Thailand to South Africa;
• trafficking of women from China to South Africa; and
• trafficking of Eastern European women to South Africa.

Trafficked victims are in the majority of cases lured away from societies where poverty; a high unemployment rate; a lack of opportunities; gender, racial and ethnic inequalities; dislocation and broken families are common. For them the promise of a better life in another part of the world, usually with jobs in the hospitality industry (usually as waitresses) sounds ideal. Promises of educational opportunities or marriages are also some of the tactics used to lure women away from their homes. For people exposed to hardship and extreme poverty, any person who makes the travel arrangements and pays all the costs relating to passports, visas, tickets, meals and housing, must seem like a Samaritan. Unfortunately the victims for whom these arrangements are made, are usually uninformed and have no idea of the risks involved. What should be a lifeline to a better life, usually turns out to be the beginning of a life of exploitation.

Despite the fact that slavery has been abolished two centuries ago, there are still some societies that allow for potentially trafficked labour, as it is cheap. This has been linked to the increased number of women who enter the formal labour market, leading to an increase in semi- and unskilled domestic labour, where women are needed to cook, clean and provide care for children and the elderly.

There are a few simple reasons why human trafficking should never be allowed: it is morally reprehensible and illegal; it robs people of their dignity and violates their fundamental human rights; and it turns human beings into objects and commodities. It preys on the most vulnerable and marginalised, it perpetuates their vulnerabilities and it repeatedly victimises and re-victimises those who are the objects of the trafficking.

• Health problems: irrespective of whether the victims are exposed to forced labour, sex or other forms of exploitation, they will be exposed to a range of health_related problems and exposed to sexually-transmitted diseases.
• Socio-economic problems: the non-payment of wages and substandard housing are some of the socio-economic issues that trafficked victims have to deal with.
• Abuse: victims are often forced into prostitution against their will where they are beaten, raped and abused.
• Addiction: women are often lured into a life of drugs by their pimps, and are then forced out onto the street to sell their bodies for sex, to generate money for their pimps and pay off their drug debt.

Victims of human trafficking find it extremely difficult to escape from their circumstances, as their passports are usually confiscated once they arrive in the destination country. They are threatened that if they do manage to escape, they will be caught by the police who will treat them as illegal immigrants. The traffickers often make threatening remarks regarding harm that will be done to a victim’s family if s/he is disobedient to the trafficker. Some victims are treated like prisoners, as they are locked up and not allowed to leave the premises. Inside these facilities they will be beaten, abused and tortured, making them too afraid or ashamed to escape.

As there are so many complex reasons for human trafficking, solutions ought to be complicated. Fighting it requires a strong political will and increased capacity from the SAPS and the NPA to address the issue. The importance of having traffickers prosecuted and victims protected, cannot be over-emphasised. International cooperation and stronger cross-border actions must be addressed, as weak border control and corruption are only two of the factors contributing to human trafficking. Regional communities must share experiences and ideas with one another, and ensure that their respective legislation is on par.

Rebecca Wynn from the IOM wrote in a Mail & Guardian article that: "Crimes such as kidnapping, abduction, rape and bringing people into the country without proper documentation, often occur as a part of the trafficking process and traffickers can be tried for these offences. However, this is a blunt instrument. These acts do not necessarily have to occur for trafficking to take place. For example, trafficked Thai women arriving at O R Tambo International Airport often have all the correct documentation needed for entry to South Africa and are more commonly lured by false promises than taken by force. Defining trafficking in law as recruiting and transporting people by means of deception or force for the purpose of exploiting them, means that these women’s traffickers will not escape prosecution. Comprehensive trafficking legislation would also secure victims of trafficking more protection. Ironically under today’s legal framework it is the trafficked victims who are being treated like criminals. A victim of trafficking can be arrested and prosecuted for offences committed as a direct result of him/her being trafficked." These include the violation of the Immigration Law or when a trafficked woman has been forced into prostitution, she may be prosecuted for prostitution and drug abuse.

The IOM suggests that legislation be adopted that will recognise trafficked persons as victims of severe human right violations. "It would also prevent the deportation of trafficked victims back to the circumstances that made them vulnerable to trafficking in the first place. Under a comprehensive trafficking law, safeguards would need to be introduced to protect and rehabilitate the victim both in her destination and home country," said Wynn.

On 16 November 2007 Ms May-Elin Stener from the Norwegian Embassy announced in Pretoria that Norway was extending its assistance to those victims caught in the web of human trafficking in Southern Africa. For the period 2004 - 2008, the Norwegian Government has supported the Southern Africa Counter Trafficking Assistance Programme (SACTAP) with R40 million. "This has meant that hundreds of victims of cross-border trafficking have been assisted and rehabilitated in Southern Africa, especially in South Africa. We are now pleased to announce that with our continued financial and strategic support, the IOM will be able to put its expertise and considerable experience to the service of internally trafficked persons, not only in South Africa, but also in the entire region."

Although SACTAP was originally launched to respond to the trafficking of women and children in Southern Africa for the purpose of sexual exploitation, a lot of progress has also been made in a raised public awareness, useful research and assistance to victims of this heinous crime.

For the Norwegian Government increased development assistance to strengthen the position of women and children, and render them less vulnerable to recruitment is extremely important. Their ongoing Plan of Action 2006 - 2009 to combat human trafficking is an illustration of their commitment. "We are extremely anxious to protect children younger than 18 years against all forms of abuse. Trafficking in children violates the inherent right of every child to grow up in a protective environment and the right to be free from all forms of violence," Ms Stener said.

Ms Stener told media representatives that representatives from Norway and the IOM visited shelters for human trafficking victims in Johannesburg and Pretoria where assistance is provided to the victims. Once they are rescued, the IOM together with other NGOs provide them with medical and psychological care; clothes etc, and also offer them the freedom of choice to return to their home countries. She said that SACTAP has made a huge impact through its awareness campaigns, including the awareness-raising billboards that have been erected in Hillbrow on which the message of where human trafficking victims can get help, is published. South African officials from the SAPS and NPA who are involved in the support of victims and prosecution of those perpetrators behind the crime, were also met. "I have met, without exception, dedicated personnel with the ability to make a difference," she said.

Although victims are threatened that if they do escape, the police will ensure that they are prosecuted and imprisoned, those who do escape, have often done so thanks to the police. Police raids at brothels, apartments and private homes have led to human trafficking victims being freed, and led to a safer life.

In addition to the research programmes conducted by the IOM, this organisation has also been assisting trafficked victims, both to South Africa and South Africans who have been trafficked abroad, to be relocated back to their countries of origin. However, before this is done, an assessment is done regarding the conditions that the victim will face upon return. Some of the questions that have to be answered include:

• What livelihood options are available and to what extent are they influenced by increased vulnerabilities, stigma and discrimination?
• What legal protection is available to women?
• Do these victims have access to information, treatment and care?
• What challenges will the victims have to face with regard to reintegration (eg the stigma, threats from traffickers)?

Often people are not sure if what they are dealing with can be defined as "human trafficking". It is advisable that some of the following questions are answered before reporting a case. These include:

• From which country do the potential trafficking victims originate?
• Where are they now?
• What were they promised?
• What is the state of their working and living conditions?
• Do they have access to their identity documents?
• Are they in any immediate danger?
• Do they want assistance?
• Can they be contacted, and if so, how?

As long as there is no proper legislation in which human trafficking is expressively dealt with as a criminal offence, this horrific practice will continue. This is yet another crime that is sparked by poor socio-economic conditions and therefore it cannot be addressed by one government or one NGO at a time. A strong international effort must be made to stop this crime, and honest and alert officials at border posts are the first lines of defence to eradicate this crime.

Anom. 2005. "Sex slaves, R1000 a piece." 29 November. - available from http://www.iol.co.za

IOM. (International Organisation for Migration.) 2006. Breaking the cycle of vulnerability: responding to the health needs of trafficked women in East and Southern Africa. September 2006. Pretoria.

IOM & Royal Norwegian Embassy. 2007. Combined media release: Norway extends help to persons trafficked within Southern Africa. 16 November. Pretoria.

http://usgovinfo.about.com/library/weekly/aa061202a.htm - accessed on

8 February 2008

http://www.iom.org.za

http://www.polity.org.za/article.php?a_id=118322

Lambrechts, D S. 2008. "Rewriting the Criminal Law," in SERVAMUS: March 2008.

Spies, D. 2008. "Teen girls saved from sex trade horror." 11 February. The Herald Online - available from http://www.theherald.co.za/herald/news/n01_23012008.htm

Ten questions about human trafficking. IOM. Pretoria.

Wynn, R. 2007. "SA hotbed of human trafficking." 5 June. Mail & Guardian _ available from http://www.mg.co.za/articlePage.aspx?articleid=310412&area=/insight/monitor/