Human trafficking effectively policeable in South Africa
Definition of concept: Human trafficking is defined in the trafficking protocol as the recruitment, transport, transfer, harbouring or receipt of a person by means as threat or use of force or other forms or coercion of abduction of fraud or deception of the purpose of exploitation
Human trafficking in South Africa is one of the challenges facing the country. Women and children across the national borders are trafficked in and outside the country. According to the international media, other countries world - wide are also affected by human trafficking, where illegal activities are taking place. It is becoming a serious threat as it affect the life of the people and the economy of the country. It dent the image of the country badly. It increases the immoral activities and illegal activities which are causing increase of crime in South Africa.
I want to make a research to find out what has been happening in and outside South Africa with regard to the strategy that has been implemented to combat human trafficking for illegal activities in human trafficking. What are these activities that has been taking place, what has been done to combat them, what legal aspects had been utilised and developed in order to protect the victims or people who might fall the prey for the people who are practicing human trafficking in South Africa. What has been done with the culprits, the traffickers who committed illegal activities related to human practice or trafficking and the circumstances around the places whose such incident took place in order to combat or end human trafficking in South Africa. Remembering that the life of people are at stake here and crime must not be tolerated in South Africa regarding any criminal activity including illegal practise of human trafficking.
2.1 Human trafficking in South Africa is not a new phenomenon .It has been taking place for the years ago. Although previously human trafficking was like something that was not taken seriously in South Africa, it was there, it is just that people were not disclosing those illegal activities. Others would not disclose them because they were afraid to be known as people involved as traffickers or victims, others were afraid that they will be arrested, while others enjoyed to do them and others were benefiting from them. So to report them,
their business would be stopped.
3. Literature Review
Literatue, I reviwed, I consulted from the internet. I was searching for the strategies of other countries has in place with regard to human trafficking. From the United States the Congress I US passed the Trafficking Victims Protection Act of 2000( TV PA )which is implemented to empower victims of violence the law enforcement for ability to reduce violence against women and children and educating against human trafficking. This strategy has set the standard that even other countries copied, they followed it in order to receive US assistance to fight human trafficking. They were succeeding to destroy human trafficking businesses, traffickers arrested and victims rescued.
The intergovernmental organisation called office of the special representation for combating the traffic of human being also established an anti -tracking mechanism
Which was aimed at raising awareness of the problem and building political will within participating states to tackle human trafficking effectively. It was established 2003. They trained law enforcement agencies to tackle human trafficking to promoting policies aimed at rooting out corruption and organised crime. They may visit other countries and support their strategies.
4. How it happened
Vulnerable women and children who experience problem at their homes because of lack of food, clothing ,unable to bring children to school and other domestic related problem went out to look for jobs to make a living for their families. As a results of unemployment and vulnerability for getting jobs, they ended up approached by people
Who would promise them falsely for better jobs, better life and educating their children even paying their debts. Not knowing that they are being deceipt by human traffickers. These women and children will learn later when they are deployed to conduct illegal activities for example others were instructed to do prostitution, act as sex slaves in brothers club, selling of drugs, others will exploited by selling their own children for payments of their debts.
In one accident at Maputo, Mozambique three women including a Chinese women were traffickers by being sold to the South African undercover police to be transported to one of the brothers in Gauteng. These women as young as 16 to 18 years old were sold to media 24 journalist who posed as brothel owners on a trap for human traffickers trading between South Africa and Mozambique,(City Press �women for sale at R50 000.00.pg4 2010\03\21) refers.
In one of the police operation conducted in Bloemfontein, Free State at one of the flats called �Tuishuis� the police told the journalist that syndicates in human trafficking lures girls from Lesotho to the province ( Free State) under the guise that they will get jobs. They will then use them as prostitutes, drug mules or domestic workers. They further said the operation was held on a certain Tuesday week of March 2010 and that flats was officially closed same week at 15:00 on Saturday. The residents were resorted for temporary accommodation with friends, not at that flats. Other trafficked women came from from the same province, at Edenburg a 24 years old who is suspected to have been abducted. She was before the date of the operation thrown from the fouth floor of the �Tuishuis� flats in Nelson Mandela road ( The weekly 18-25\03\2010.The HAWKS busy with human trafficking syndicate pg 16)
This is one of the incidents that proves that human trafficking is happening in South Africa, and it is as serious as it can take the life of a person. As for the traffickers involved, four West �Africa foreign nationals mentioned in that article, were 30 to 38 years old and were arrested in possession of suspended fraudulent asylum and temporary resident permits. They were detained in terms of Immigration Act. The suspects also coerced local girls in desperate need to maintain their expensive drug habits. Suspects were from Nigerian drug girls will then work for them as prostitutes to repay their debts.
Human trafficking is a lucrative industry where the traffickers makes a lot of money through illegal activities. The report that I got from one of the girls that were removed from �Tuinhuis�on the police operation during March 2010,on my interviewing her ,the 13 year old girl from Botshabelo who was also staying at �Tuishuis�she moved back to another flats called Belmas Flats in Bloemfontein town. The question is these efforts by the police making impact.
There are police policies that are applied for criminal cases. Although human traffing legislation still in Parliament and not yet passed (President Zuma speech on 21 May 2010�.South Africa vows to protect children during the world cup and beyond)published on 26\05\2010.The police can use those Acts like Child Care Act of 38\2005,Child Justice Act implemented from April 2010.
5.Rationale\Significance of Reseach
It is obvious that human trafficking is becoming a more serious problem in South Africa. As such there is a lot to be done in South Africa to ensure that people are protected, living in a safe and secure environment in this country, which is binding the police and the communities in South Africa to binds hands, working in collaboration to fight criminal elements that are happening or erupting from people intending to commit illegal human trafficking activities in this country.
With the 2010 world cup South Africa experienced number of challenges with regard to internationals who visited our country. President Zuma in his address indicated that human trafficking is a concern and something needs to be done.(President addres 2010\05\27).The question is?are the existing strategies effectively implemented or these is a need to improve or develop the new ones to address the growing increasing illegal human trafficking in order to protect South African people to be victims and those already being victimised, and clears or claim the street from them. The environment where the illegal trafficking has been taking place at or intended to be used,is there action plan to correct the situation so that South Africa become a safe and peaceful country for everyone living in it. With the current situation, what is the government doing, are the victims aware of the danger facing them ,for their future.Are the government department and relevant stakeholders like South African Police Services, Social Workers, Department of Justice, Environmental Health, Home of Affairs, non- governmental agencies and the community know what their role are to combat human trafficking. We hear that South Africa has in 2000 year signed an agreement with the United Nation for UN Convetions against Transitional Organised Crime and the protocol to prevent, suppress and Punish Trafficking.
It is also mentioned that the department of Justice and Constitutional Development introduced the Prevention and Combating of human trafficking in Persons Bill to Parliament to ensure that Justice is accessible and served during tournament �FIFA 2010 World Cup. Minister Jeff Radebe has said �The Tshireledzani program is being implemented by the sexual offences and community affairs(SOCA) unit of the NPA over a three year period( President speech 2010\05\27) .My main concern is whether are enough people aware of these strategies or are they just on address speech. Are people trained already to practice them accordingly, timing is the factor.
6.Research Problem Statement
Flowing from the above information as far as I research, not much has been done by South Africa to combat human trafficking. Human trafficking was long being an issue even agreements were signed some years ago but implementation part of it seems to be poor .The human trafficking legislation that is still at Parliament it would take almost a year according to the information.(City Press: New Bill could take up a year to become a Law, pg 4 2010\03\20.It is stated by Minister Jeff Radebe be during the launching of Red Cast campaign held 2010\05\27,that Human trafficking cases are not easy to investigate and prosecute, however the government has intention in place to try and uproot the phenomenon with this statement it shows that investigation and prosecution strategies could be difficult.
What needs to be done, not only by the police and our courts, but with our communities, non-governmental and government agencies in collaboration to root out human trafficking. The police always plea from the community to join hands in order to fight crime .Are there enough stakeholders to address, even human trafficking in South Africa. As a challenge again, timing is not on South African law enforcement to can work alone to combat this type of crime.
7.Formulation of a hypothesis\ research question
The research question, based on human trafficking� How will the victims be protected with regard to human trafficking in South Africa�. � How will the traffickers be handled to remove them from our street but in jail� What will happen on the environment conditions where trafficking in persons is taking place�. When will the strategies going to be implemented.
7.1Aims and Objectives
The aim and objective of my study is to research what has been happening in South Africa and other countries that has caused persons or humans like women and children to be trafficked. What measurers are these which have been implemented. Establish whether those strategies were sufficient enough to combat or prevent human trafficking in South Africa. If not, what can be re-victimised and to prevent human trafficking to others in our country
7.2 Research Methodology
Here I will prefer to use qualitative Research Design because it will allow me to use unstructured interviewing, allowing me to observe the behaviour of the people affected, and get first- hand information. I will be able to use flexible method, enabling me to collect data from different sources like person interviews,
documents, and observation within individual groups or communities or organisations.
I will use a technique of interviewing population by posing questions to participants on unconstructed in-depth interviews.
Prostitutes and trafficked victims, participants will be people who are affected. I will use non- probable sampling. In this one purpose sampling as it will enable me to rely on experience previously done. Research design used in qualitative research. Qualitative design research is also known as �Anti- positivist approach of research a, which is used to research a human behaviour experience and which can be used to study a description of a group, small communities or organisation
8. Ethical consideration \Constraints
South Africa is a source, transit and destination for trafficked men, women and children. South African girls are trafficked within their country for the purpose of commercial sexual exploitations and domestic servitude; white boys are trafficked internally for use in street vending, foodservice and agriculture. Anecdotal evidence suggest that South African children are forced to provide unpaid labour for landowners in return for their family occupying land or accommodation or maintaining labour tenancy rights.
Child sex tourism is prudent in a number of South Africa�s cities. South African women are trafficked trans-nationally to Ireland, the Middle East and the United State for domestic servitude and other jobs in the service sector, occasionally these women are trafficked on ward to Europe for sexual exploitation. Thai Chinese and Eastern Europen women are traffickers to South Africa for debt-bonded commercial sexual exploitation. Young men and boys from Mozambique, Zimbabwe and Malawi are trafficked to South Africa for farm work, often labouring for months in South Africa without pay before �employers� have then arrested and deported as illegal immigrants. Organised criminal groups including Nigerian, Chinese and Eastern European syndicate and local groups facilitate trafficking into and within South Africa, particularly for the purpose of commercial sexual exploitation.
9. Overview of the chapter structure
The government of South Arica does not fully comply with minimum standards for the elimination of trafficking, however it making significant efforts to do so, South Africa is placed on Tier 2 Watch List for a fourth consecutive year for its failure to show increasing efforts to address trafficking over the last year. The government provided inadequate date on trafficking crimes investigated or prosecuted or on resulting convictions on sentences. In additions it did not provide information on its efforts to protect victims of trafficking and continued to deport and prosecute suspected foreign victims without providing appropriate protective service.
The South African government did not provide information on anti-trafficking investigation that resulted in the punishment of any traffickers in 2007. For the majority of the reporting period, South Africa did not have law�s that specifically prohibited trafficking in persons though a variety of other criminals statutes, surely as the prevention of accused crime, Law enforcement authorities could also use existing laws prohibiting involuntary servitude, child labour and forced labour to prosecute labour trafficking statues and explicit to penalties for trafficking crimes continued to hamper. South African enforcement efforts in 2007,as many working level police labour and social welfare affairs posed little understanding of the crime or did not view it as part of their responsibilities .However in December 2006, several sections of the sexual offences amendment Act came into force including Chapter 7 part 6 which counts broad provisions against sex trafficking but makes no provision for victim protection.
The statues of the department of labour is investigation, if any into cases involving child labour trafficking is unknown, also known any prosecution of child labour trafficking in early 2007 labour department official conducted a week of surprise visits to homes employing adult domestic workers to respect working conditions ,the results of these inspectors are unknown. The government did not provide information on the stats of pending cases reported in 2006. The South African Police Service has a human trafficking desk within its organised crime, the government did not provide information related to actions or investigation taken by the desk during the report time
It is very clear from the discussion understanding different cultures as well as the general public that human trafficking is very high. It is actually not a new thing though the government play ignorant in this human crime for a long time, but given the fact that within a new government. There is a new ministry only responsible for the children and women affairs, it means the issue of human trafficking will also be attended.