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SOUTH AFRICA’s STRATEGY TO COUNTER HUMAN TRAFFICKING

SOUTH AFRICA’s STRATEGY TO COUNTER HUMAN TRAFFICKING. MEDIA BRIEFING SESSION 13 August 2008. INTERNATIONAL FRAMEWORK. United Nations Convention Against Transnational Organised Crime – 29 September 2003

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SOUTH AFRICA’s STRATEGY TO COUNTER HUMAN TRAFFICKING

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

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

  3. PALERMO PROTOCOL • 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

  4. UN DEFINITION - Article 3 of the Protocol • 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

  5. INTERIM LEGISLATION - Criminal Law (Sexual Offences) Amendment Act 32 of 2007 • 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

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

  7. EXISTING LEGISLATION • 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

  8. LEGAL FRAMEWORK – COMMON LAW • Rape (cases prior to Sexual Offences Act 2007) • Indecent Assault (cases prior to Sexual Offences Act 2007) • Kidnapping ‘wrongful and intentional deprivation of the liberty of another’ • 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’ • Assault (common & with intent to commit GBH) • Murder • Extortion: threatening harm to a person to force them to comply with demands

  9. SA-EC Agreement • “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

  10. 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

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

  12. 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 provincial-specific 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 – ENHANCED CO-ORDINATED CROSS-SECTOR RESPONSE

  13. 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 2 cont.

  14. Output 1: SAQA-accredited curriculum for “Train-the-Trainer” workshops 1. Basics of Human Trafficking (Core) Psychosocial and health aspects of trafficking (for DoSD & DoH) Investigation (for SAPS) Legislation (for DoJCD incl. NPA and LCMC) 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 – CAPACITY BUILDING AND DEVELOPMENT

  15. 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 3 cont.

  16. 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/tender/data/d55/AOF86355.htm Ref:EuropeaAid/12708/D/SER/ZA RESULT AREA 4 – PUBLIC EDUCATION & AWARENESS

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

  18. PROGRAMME STEERING COMMITTEE Strategic level Inter-departmental Management Team (IDMT): SOCA Unit-NPA, DoJCD, Ministry of Safety & Security Secretariat, Education, Health, Social Development, Correctional Services, National Treasury By Special Resolution: Home Affairs, Labour TASK TEAM Operational level Technical support to PCU SOCA-NPA, Legislation-DoJCD 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 GOVERNANCE

  19. PROGRAMME ORGANOGRAM

  20. Ms Malebo Kotu-RammopoNational Coordinator Programme Coordinating Unit, SOCA Unit – National Prosecuting Authority mgkoturammopo@npa.gov.za(012) 845-6153 nrqaba@npa.gov.za(012) 845-6149

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