Individuals who experience human rights violations are often left without legal remedies. Duringthe Australian Government undertook a National Human Rights Consultation, seeking a broad range of views regarding the protection and promotion of human rights.
Human trafficking and human rights violations in South Africa: The authors seek to understand the range of views and approaches of stakeholders to trafficking, including possible links to HIV, as human trafficking is commonly discussed in the media, but empirical research on the scale, dynamics, and impacts of trafficking in South Africa is scarce.
This exploratory situation analysis involves desk review and 24 key informant interviews, using purposive and sequential referral sampling. Respondents included government departments and non-governmental organisations working at a border-crossing site Musinaand two major destination sites for irregular migrants, including trafficked people Johannesburg and Cape Town.
While they suffer at the hands of organised crime syndicates, their rights are further violated even after rescue, prior to the recently-promulgated human trafficking legislation in the country. The study A discussion on the elimination of the issues of slavery and human trafficking that, despite the recent giant step in the right direction in promulgating human trafficking legislation in South Africa, there is a need for further efforts by the South African government to take additional proactive and practical measures for optimum effectiveness of the law without which the goal of the Act may remain a tall dream.
Migration; irregular migration; human trafficking; human trafficking law; South Africa 1 Introduction Human trafficking is attracting global concern.
Article 3 a of the United Nations UN Convention Against Transnational Organised Crime UNTOC defines trafficking in persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purposes 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. Human trafficking and smuggling have various human rights consequences.
Specifically, article 5 criminalises trafficking in persons and mandates state parties to enact legislation to criminalise human trafficking. Article 6 provides for the assistance and protection of human trafficking victims through the provision of physical and psychological needs, as well as the social recovery of victims, including housing, counselling, information, safety, medical care, employment, educational and training opportunities.
Also, article 7 provides for the conferment of refugee status on rescued victims at the receiving countries, while article 8 states procedures and responsibilities for the repatriation of rescued victims. In article 9, state parties are mandated to prevent human trafficking through research, information, mass media campaigns and social and economic initiatives to prevent and combat trafficking in persons.
State parties are also to initiate bilateral and multilateral co-operation with affected countries for the effective control of the crime. Article 10 encourages information exchange among affected countries, while article 11 mandates state parties to strengthen border control as one of the means of preventing human trafficking.
In addition to this, the Protocol against the Smuggling of Migrants by Land, Air and Sea also provides clarifications on human smuggling and trafficking and prohibits human smuggling and trafficking by land, air and sea.
Article 3 of the Protocol states: Article 5 states that illegal migrants themselves must not be held responsible for the crime of smuggling that they are subject to, while article 6 defines the scope of criminalisation of human smuggling to include producing, procuring, providing or possessing a fraudulent travel or identity document for the purpose of smuggling of migrants and enabling a person to remain in the destination country illegally.
Articles 7 to 9 deal extensively with measures related to the smuggling of migrants by sea, including the security and humane treatment of persons on board as well as the rights and obligations of the coastal states, while articles 10 to 18 deal extensively with measures to prevent human trafficking or smuggling, co-operation among state parties affected and other related measures.
The Palermo Protocols, therefore, seek to provide preventive, protective as well as prosecution-focused responses to human trafficking as a means of guaranteeing the human rights of victims.
For instance, Nigeria, 5 Ghana 6 and Tanzania, 7 among other countries, enacted various laws to combat human trafficking. South Africa 8 has also enacted various laws related to child care, child justice and sexual offences and has only recently promulgated the Prevention and Combating of Trafficking in Persons Act, 9 which is meant to comprehensively address the problem.
It is important to note that having human trafficking legislation may not eradicate human rights abuses associated with trafficking, although it has the potential to improve the rights enjoyed by any rescued victim.
This calls for additional proactive and practical measures to be put in place for optimum effectiveness of the new law. This article aims at providing evidenced-based information and perspectives of stakeholders on the violation of human rights of victims, in general, and the rights of rescued trafficked victims, in particular, in the country prior to the promulgation of the Act, which may serve as a useful guide for such proactive and practical measures.
This baseline information and perspectives of stakeholders are also important as it could provide part of the basis for the assessment of the effectiveness of the newly-promulgated law in the future and point to the areas in which additional intervention may be required. Migration - including forced migration and human trafficking - and its relationships to HIV and related health and human development issues are some of the areas of focus of the HARICCI programme.
Johannesburg, Pretoria and Cape Town are major destinations for irregular migrants to South Africa, while Musina, as a border town, is a major point of entry for irregular migrants into the country. The recruitment of key informants for the interviews therefore took place at various levels.
This allowed us to describe the geographical spread as well as the main mandates of the NGOs. Applications for permission to conduct the study were then sent to the agencies, as most departments require official permission before individual staff can participate in research.
The permission requested from the South African Police Services was not granted, while the National Prosecuting Authority did not respond to the application despite persistent reminders over a period of five months.
These two agencies were therefore not included in this study. Information sheets about the study were sent to all the selected organisations in advance, while appointments were booked telephonically with all the organisations. The interview guides were divided into two sections.
It also elicited information on any perceived relationship between human trafficking and HIV, and finally invited reflection on strategies that could be used to combat human trafficking and HIV and AIDS in South Africa.
Each interview session lasted for an average of 55 minutes. Questions were used to guide the discussion during the course of the discussions.
A rapid analysis of the field notes was done first, and this suggested patterns in the data and helped in developing themes and codes for the second phase of the analysis. In the second phase of the analysis, data collected were transcribed and the transcripts were edited for accuracy.
The transcripts were imported to Atlas. Transcripts were coded for new categories until the level of saturation was reached that is, no new ideas emerging from the data. Analysis and presentation include illustrative quotations as well as thematic and network mapping of human trafficking and HIV and other related problems.
Confidentiality and anonymity were maintained through the secure storage of data in password-protected computers and under lock and key, and by using pseudonyms or generic summarisation of the data.Fourth Periodic Report of the United States of America to the United Nations Committee on Human Rights Concerning the International Covenant on Civil and Political Rights.
The Pacific Human Rights Law Digest (Volume 5) is a collection of recent human rights case law from across the Pacific for use by legal practitioners, magistrates and judges, policy makers and advocates as precedents and tools for policy initiatives.
marks the 10th anniversary since the Secretariat of the Pacific Community's (SPC's) Regional Rights Resource Team (RRRT) launched its first. Helal, 10, works as a brick maker at a brick kiln outside Kabul. He told Human Rights Watch that the brick mold is heavy and his hands hurt working with wet clay.
Focusing on the criminal justice element of human trafficking and migrant smuggling, the work that UNODC does to combat these crimes is underpinned by the United Nations Convention on Transnational Organized Crime and its protocols on trafficking in persons and migrant smuggling.
Violence against Women Violence against women is an obstacle to the achievement of the objectives of equality, development and peace. Violence against women both violates and impairs or nullifies.
Awareness Understand How Trafficking Victims are Shamed. News outlets often expose and shame women working for illicit massage parlors. Read Polaris' blog post to .