Resource manual trafficking in persons by v rivera

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

What to do about Trafficking in persons A resource manual for service providers Produced by

In partnership with

ÂŠ Molo Songololo 2007 P.O. Box 53269, Kenilworth 7745, Cape Town, South Africa Tel: 021 762 5420 email: info@molo.org.za

Written by Karin Koen, Debora Mobilyn and Patric Solomons. Valuable input was provided by UNODC.

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Acknowledgements The resource manual forms part of a broader intervention within the Western Cape Province to prevent trafficking in persons, especially children. The manual is the result of a joint partnership between Molo Songololo and the United Nations Office on Drugs & Crime (UNODC) in Tshwane (Pretoria), South Africa. UNODC is the executing agency that provided oversight to the project. The project was financed via support facilitated by the American Embassy in Pretoria. The manual was written by Karin Koen, Deborah Mobylin and Patric Solomons. Nikelo Makae was responsible for the layout of the report.

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

About Molo Songololo Molo Songololo is a non-profit child rights organisation that strives to advance children’s rights to ensure their protection, development, survival and participation through education, training, advocacy and support services. Key concerns for the organisation include: • The high levels of human rights abuses and crimes committed against children; • The lack of services for the care and protection of poor and vulnerable children; and • The impact of poverty related condition, HIV/AIDS, substance abuse and violence on children. The programmes and activities of the organisation include the following: • Child rights and responsibility education for children; • Life-skills and leadership development for children; • Facilitating child participation in law reform process and in public & social forums; • Providing direct support to child victims of sexual exploitation and trafficking; • Advocacy and lobbying for the care and protection of vulnerable children; • Public awareness and education concerning child rights and protection; • Building capacity of service providers through training workshops; • Creating strategic intervention at community, national and international levels; and • Conducting research on trafficking in children. Since the release of its research report, TRAFFICKING IN CHILDREN FOR THE PURPOSES OF SEXUAL EXPLOITATION – SOUTH AFRICA, 2000; the organisation has increased its efforts to create strategic intervention for the prevention of these human rights abuses against children.

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

About the UNODC The United Nations Office on Drugs and Crime (UNODC) is a global leader in the fight against illicit drugs and international crime. Since its establishments in 1997, UNODC has approximately 500 staff members worldwide. The UNODC Regional Office for Southern Africa covers 11 countries: Angola, Botswana, Democratic Republic of Congo, Lesotho, Malawi, Mozambique, Namibia, South Africa, Swaziland, Zambia and Zimbabwe. The work of UNODC with regard to trafficking in persons is guided by the United Nations Convention against Transnational Organized Crime and its supplementing Protocols, particularly the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. UNODC assists Member States upon request in the ratification and implementation of these international instruments.

Current anti-trafficking projects In addition to the joint project with Molo Songololo on child trafficking in the Western Cape province of South Africa, UNODC has two regional anti-trafficking projects. The joint UNODC and SARPCCO (Southern African Regional Police Chiefs Cooperation Organization) project provides for the development of standardized training curricula for the training of police and prosecuting officers in the identification, investigation and prosecution of cases of trafficking in persons. The other project is in collaboration with SADC (Southern African Development Community). The project aims at supporting the ratification and implementation of the UN instruments on trafficking in persons. SADC and UNODC are working towards adopting a SADC Declaration and Plan of Action on Trafficking in Persons. Additional activities in the project include the assessment of national legislative frameworks and trafficking trends in the region. Together, these two regional projects will assist the countries in the Southern African region in becoming parties to and implementing the Trafficking Protocol, as well as enhance their capacity to combat trafficking in persons.

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Contents Page Introduction

What is “trafficking in persons”?

Understanding & identifying trafficking in persons

A global understanding of trafficking in persons

South Africa adopts broad definition

Trafficking in children prohibited

Trafficking in persons for labour exploitation

Child labour prohibited

Commercial sexual exploitation of children

Health risks for victims

Identifying victims of trafficking in persons

Interviewing a victim of trafficking in persons

Interviewing child victims

Responsibilities of service providers in protecting child victims of trafficking

Guidelines for interviewing victims of trafficking

Possible questions you can ask

Steps in the interviewing process

The South Africa victim’s charter

Legal provisions

International provisions

ADDENDUM 1: PALERMO PROTOCOL

Resource List of key role players

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Introduction Trafficking in persons has been practiced for centuries; however it is in the last decade of the twentieth century that we have witnessed an increase awareness of the problem and the social, political and economic ills that it engenders. This led to an increased focus on efforts to combat trafficking in persons, which is a highly complex phenomenon. Due to the intricacies of trafficking in person, there are no easy answers. Various research reports indicate that trafficking in persons occurs internally in South Africa from city to city, from rural to urban areas as well as across its borders. Trafficking occurs primarily for labour and sexual exploitation. Cross-border trafficking in persons occurs to South Africa from other African countries and some Eastern Europe and Southeast Asian countries. There are also reports that trafficking in persons involving South Africans occurs from South Africa to Western Europe and Southeast Asian destinations. Trafficking in persons is thus a problem, which confronts the South African State and society at large. The consequences of trafficking in persons are numerous and include; political, social and economic consequences at both national as well as international levels. It therefore demands urgent action from governments and civil society. Information and knowledge are important components in efforts aimed to combat and prevent trafficking in persons. The resource guide has been developed to assist service providers and the general public with knowledge and information that will help in attempts to combat and prevent trafficking in persons. The purpose of the resource guide is to: • • • • •

Highlight the nature and complexity of trafficking in persons; Provide service providers with information that will allow them to offer support services to victims of trafficking in persons; Assist service providers in asking the right questions; Provide an overview of South African legislation in relation to Trafficking in persons that can be used to provide protection for victims; and To enable service providers to act with confidence, empathy and decisiveness.

The resource guide generally refers to “trafficked persons” as “victims of trafficking”. However, individuals who are trafficked may sometimes be referred to as “trafficked persons”, “victims of trafficking” or “survivors of trafficking”. The perspectives of those who are trafficked and those who work with trafficked persons may determine whichever term is used. Many people who are trafficked do not see themselves as victims, and may be more comfortable with “trafficked person” or “survivor”.

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

What is “trafficking in persons”? Trafficking in persons involves the organised recruitment and removal of a person from his or her usual place of stay or environment and subsequent exploitation by others. The removal of a person is usually by deception, coercion, abuse of power or force; by those who recruit, procure, transport and receive the unsuspecting victims. In some cases the recruiters and procurers are known to the victims. When a person is trafficked, he or she might be trafficked for various exploitative purposes such as the following: • Labour Exploitation – domestic work, farm work, back-yard industries, illegal manufacturing, car theft and remodelling operations; and pushing drugs and consumable via the informal markets; • Sexual exploitation – prostitution, sex slavery, forced marriages or use in the production of pornography; • Slavery, practices similar to slavery and servitude – when persons are held captive, no chance of escape, treated like a slave and kept in slave-like conditions; and • Other – adoption, removal or organs / body parts. All over the world children, women and men are trafficked into a variety of exploitative situations in both domestic and international economies. Trafficking in persons is fundamentally a violation of a human being’s right to freedom from harm, freedom of movement and freedom from abuse and exploitation. Various individuals, groups of individuals, gangs and syndicates operating in networks are largely responsible for trafficking in persons. These criminal networks often also engage in other criminal activities, such as money laundering, drug trafficking, smuggling and selling counterfeit commodities and consumables. Traffickers view the people they traffic as another commodity that can be trapped, used, traded, sold and rented out for money, protection or some other gain. The trafficking industry’s influence on economies and its ability to generate wealth have led some commentators to see it as a shadow economy in competition with but not entirely excluded from domestic economies or the global economy. South Africa has not escaped the attention of local and foreign traffickers and is in fact the destination of choice for some traffickers. Trafficking in persons is a money-making operation fuelled by demand and supply factors that makes especially women and children vulnerable. The supply factors are usually seen as: • Poverty & lack of job opportunities; • Family break-up & economic stress; • Violence / domestic violence; • Low levels of education and lack of marketable skills; • Peer pressure & consumerism; • Gender discrimination; and • The prospects of a better life in another place. The demand for cheap and exploitable labour and services, including sexual services; by the global formal and informal economies make those from poor and marginalised groups and communities particularly vulnerable to trafficking.

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Understanding and identifying trafficking in persons Trafficking in persons is not always easy to understand or to identify. It involves a process and can consist of a series of acts. Some of these acts might not be illegal under different circumstances. The combination of recruitment/procurement, transportation/movement and exploitation, are the main characteristics of the “process” of trafficking in persons. What is important is the characteristic of “exploitation” that distinguishes this type of trafficking from other forms of trafficking, for example the trafficking of drugs. The element of exploitation is the feature that has led to the process being referred to as “trafficking in persons” rather than “trafficking of persons”. It involves the organised removal of a person through an act of deception or force into an abusive and exploitative situation from which there is no means of escape. This is often coupled with abuse and exploitation, which can sometimes take place during the act of relocating the person. Various role-players may be involved in a trafficking operation. They include: Recruiters; agents; transporters; intermediaries; counterfeiters; employers; pimps; brothel owners; and in some instances friends and family members of the victim of trafficking. Below, we provide a few examples of ways in which trafficking in persons can take place. Please note that it can involve the trafficking of an individual or of groups of people.

Example 1: A bogus employment agent goes to a town in a rural area and recruits young women for work in the city. The agent promises the young women that they will work in a particular setting. They are told of a specific amount of money they will earn every month. He or she also offers to assist the group of young women in getting to the city and to their place of employment. The agent then provides them with transport to the city. In the city they are dropped off at a place where they are kept with other young women and children. It is here that they discover that they have been brought to a domestic worker agency and that they are expected to pay the agency for their transport, the cost of their accommodation and food while they are at the agency. This money they are informed will be deducted from their monthly wages, which is less than the agent promised them. They are given no choice but have to work as domestic worker. They are also guarded so that they cannot leave the premises of the domestic worker agency until they are ‘sold’ to an employer who treats them like a slave.

Example 2: An overseas tourist visits a fairly poor area in a city of another country. There he encounters an eight year-old girl. She is not in school and stays at home to help her mother raise her younger siblings. The tourist approaches her parents and makes them an offer. If they let him, he will arrange for their daughter to be taken to his country where he will raise her as his own child and provide her with an education. The girl’s parents sign a consent form and the man takes her away. He arranges for her flight to his country. Once she is in his home he subjects her to sexual acts, which he records on his video, and his friends watch the recording over the Internet.

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Example 3: A girl, the daughter of a landless peasant, is left in the care of an aunt after her mother dies. Her aunt ill treats her and beats her regularly. When she turns sixteen her aunt takes her to a café operator to work for him and in exchange her aunt will receive a monthly sum, which is part of the girl’s wages. The café operator however never pays the aunt and when she goes to enquire about the money she discovers that the café is in fact a front for a brothel, in which her niece and seven other girls under the age of eighteen years are being prostituted.

Example 4: A young man is living in fairly poor area, with few job opportunities. He has limited education but has learnt to paint buildings through being apprenticed to his uncle since the age of 14. He earns enough money to provide for his basic needs and assist his parents in their household. He wishes to marry a young woman and needs more money. On a working trip to a nearby city he meets a recruiter who promises him better wages and work opportunities in a country bordering his. The young man is excited at the prospect. He agrees to go with the recruiter to the other country. He arranges his own passport and the man promises to organise his work permit if he signs a work contract. All arrangements are made and the young man leaves with the recruiter. Once he arrives in the place where he is expecting to work he discovers that he is expected to work in an illegal assembly plant where stolen cars are delivered and re-assembled for illegal trade in other countries. The place is heavily guarded, secluded and an international crime syndicate runs the operation. He is told stories by the other young men working there of how the syndicate deals with workers who try to escape. They also inform him that some members of the local police station are aware of the operation but receive regular payments from the syndicate.

As seen above, the examples cited, indicate how the methods of recruitment may vary according to: • The demand for services or labour; • The type of trafficker or trafficking operation involved; • The sophistication of the trafficking organisations involved. For example, less organised networks may approach potential victims informally, like the agent in Example 1. • The ‘big sell’ or the main attraction. In many situations the recruiter may appear as a legitimate source of information and can present an opportunity to a vulnerable adult/child of a better and more glamorous life; and • The identity of the agent or recruiter. Often the agent or recruiter may in fact be a friend of the family or someone known as a community leader or a business person. In summary to the aforementioned points: • Trafficking in persons is not restricted to sexual exploitation; • It focuses on conditions of forced labour, servitude, and slavery like practices, each which are defined in international law; • It does not focus on women and girls only, but recognises that women, men, girls and boys can all be victims; and • It does not require that a victim cross an internationally recognised border. It takes into account that persons are also being trafficked internally from one region to another within the borders of one country.

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

A global understanding of trafficking in persons The term “trafficking” was used as early as the end of the 19th century. Whilst trafficking in persons have been in existence for considerable time it is only since 2000 that we have a more comprehensive legal definition of what constitute “trafficking in persons”. However, there still remain different interpretations of what it is and how it should be defined. In some cases trafficking in persons is: • Mixed up with prostitution; • Confused with smuggling of persons; • Equated with slavery only; and • Conflated mainly with sexual exploitation. The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children was adopted in December 2000 in Palermo Italy. It is also referred to as the Palermo Protocol. The Protocol supplements the United Nations Convention against Transnational Organised Crime. It provides a comprehensive definition of trafficking in persons for international law. South Africa ratified and signed the Palermo Protocol in February 2004. Since then it has begun a legislative process that will culminate into specific anti-trafficking legislation. The Palermo Protocol identifies trafficking in persons as an international crime and defines it as follow;

Article 3 Use of terms - For the purposes of this Protocol: (a)

“Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the use 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 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.

(b)

The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;

(c)

The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set forth in subparagraph (a) of this article;

(d)

“Child” shall mean any person under 18-years of age.

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

The Palermo Protocol’s definition provides us with indicators for what acts constitute the crime of “trafficking in persons”. It is now accepted that trafficking in persons covers three main elements, which are: •

The acts that makes up trafficking in persons; i.e. recruitment, transportation, transfer harbouring or receipt of a person;

•

Means used to recruit and procure; i.e. by threat, use of force, coercion, abduction, fraud, deception, giving or receiving of payment or benefits, etc.; and

•

Purpose, which is exploitation, including sexual exploitation, forced labour, slavery and slavery like practices, removal of organs.

The Protocol recognises that trafficking can take place with a victim’s consent but this is irrelevant where any of the means set out in (the definition) have been used, such as deception or coercion. The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be regarded as “trafficking in persons” even if none of the means outlined in the definition have been used. A child is any person under the age of 18-years. The Palermo Protocol further refers to “victims of trafficking” rather than “trafficked persons” and explicitly links the “supply” to the “demand” and calls on governments to enact legislation that addresses trafficking in persons.

Trafficking in persons and smuggling of migrants Although trafficking and smuggling often share certain characteristics and features; such as irregular migration, recruitment and transportation by criminal groups using corrupt and weak border controls; the implied purpose differs. Smuggling usually involves individual or groups being transported illegally across borders. It is usually voluntary and the relationship between the recruiters, smugglers and persons being smuggled ends once they have crossed borders. With trafficking in persons, the intended purpose is to recruit and procure for further exploitation. Another distinction between the two concepts, is that smuggling is always transnational (across borders), while trafficking can also take place within the borders of a country.

For a more detailed explanation of the Palermo Protocol and the full text see the addendum section of this resource guide. What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

South Africa adopts broad definition Since the South African government’s ratification of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children in February 2004, the country has begun a legislative process that is expected to culminate in specific antitrafficking legislation. It appears as if South Africa will adopt a broader definition of trafficking in persons as reflected in the draft legislation developed through a consultative process by The South African Law Reform Commission. Discussions and literature also suggest that the more expansive definition of ‘exploitation’ proposed for South Africa does not require the involvement of organised criminal groups and syndicates. Reports suggest that in-country trafficking is an issues that is not necessary linked to organised groups and syndicates. Others suggest that the ‘broad definition’ will make it difficult to distinguish forced labour, smuggling of people and prostitution from trafficking in persons. The present South Africa’s working definition of trafficking in persons as reflected in the Draft Legislation is as follow; “Trafficking” means – (a)

the recruitment, sale, supply, procurement, capture, removal, transportation, transfer, harbouring or receipt of persons, within or across the borders the Republic(i)

by any means, including the use of threat, force, intimidation or other forms of coercion, abduction, fraud, deception, abuse of power or the giving or receiving of payments or benefits to achieve the consent of a person having control or authority over another person; or

(ii)

by abusing vulnerability,

For the purpose of exploitation; (b)

includes the adoption of a child facilitated or secured through illegal means; and “trafficks” or “trafficked” has corresponding meaning;

“Victim of trafficking” means any person which is a victim of the offence of trafficking in persons The South African definition at present has an addition concerning the purposes for which trafficking in persons can occur. The definition differs from the Palermo Protocol’s definition as it has the following addition as in point (b); ‘…includes the adoption of a child facilitated or secured through illegal means and ‘trafficks’ or trafficked has corresponding meaning.’ Thus the South African definition of trafficking in persons indicates that children can be trafficked for the purposes of illegal adoption and as such constitutes a criminal offence.

Source: Discussion Paper 111; Project 103 Trafficking in persons What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Trafficking in children prohibited The Children’s Act no 38 of 2005 addresses certain aspects related to trafficking in children. The new act is a result of a law reform process that was initiated when the South African Law Reform Commission was requested in 1997 to investigate and review the Child Care Act of 1983 and to make recommendations to the Minister for Social Development for the reform of this particular branch of the law. The Bill was referred to the office of the Chief State law advisors in August 2003. The Bill dealt with both National and Provincial matters. The joint tagging mechanism recommended the Bill be split into a principal Bill to be dealt with in terms of Section 75 of the Constitution, and an Amendment Bill to be dealt with in terms of Section 76 of the Constitution. The National Council of Provinces approved the principal Bill on 13 December 2005 and the National Assembly on 14 December 2005. It is now called the Children’s Act No 38 of 2005. Although the Act has been signed by the President, this does not mean that the Act is in effect. The new Act will only come into effect (repeal the Child Care Act) when a commencement date is announced in the Government Gazette. The soonest this is likely to happen is 2008. The Child Care Act of 1983 therefore still governs the Child Care and Protection System until the commencement date of the new Children’s Act is announced. Provisions related to trafficking in children have been included in the new Children’s Act. These provisions will be repealed by their incorporation into proposed trafficking legislation. “Trafficking”, in relation to a child(a) Means the recruitment, sale, supply, transportation, transfer, harbouring or receipt of children, within or across the borders of the Republic(i)

By any means, including the use of threat, force or other forms of coercion, abduction, fraud, deception, abuse of power or the giving or receiving of payments or benefits to achieve the consent of a person having control of a child; or

(ii)

Due to a position of vulnerability, for the purpose of exploitation, and

(b) Includes the adoption of a child facilitated or secured through illegal means; “Exploitation”, in relation to a child, includes (a) all forms of slavery or practices similar to slavery, including debt bondage or forced marriages (b) sexual exploitation (c) servitude (d) forced labour of services (e) child labour prohibited (f) removal of body parts

Source: Children’s Act: 38 of 2005 What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Trafficking in persons for labour exploitation It is very difficult to tell trafficking apart from exploitative labour practices. A person who was trafficked to do farm labour or domestic work might experience the same abuse and human rights violations. They will do the same work under the same conditions and will get little or no pay. The difference that separates trafficking from labour exploitation is that the trafficked person was deceived and coerced by recruiters who knew that the person will enter into an exploitative labour situation. However, non-trafficked persons can also be tricked and forced into exploitative labour practices and be deprived of their rights. The table below illustrate the features that can involve forced labour. Route into forced labour •

Birth / decent into slave or bonded status

•

Abduction or kidnapping

•

Sale of a person into ownership of another

•

Physical confinement

•

Psychological abuse

•

Threat of penalty for non-compliance

•

Induced indebtedness

•

Deception

•

False promises about the types and terms of work

•

Retention of identity documents

•

Retention of other valuable possessions

Keeping someone in forced labour •

Actual or threatened

•

Physical or sexual violence

•

Supernatural retaliation

•

Imprisonment or other physical confinement

•

Financial penalties

•

Denunciation to authorities

•

Dismissal

•

Exclusion from future employment

•

Exclusion from community and social life

•

Removal of rights and privileges

•

Deprivation of food, shelter or other necessities

•

Shift to even worse working conditions

•

Loss of social status

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Child labour prohibited Child labour is prohibited in South Africa. It is illegal to employ a child under the age of 15-years or under the minimum school leaving age, grade nine. The Basic Conditions of Employment Act, 57 of 1997 also prohibits work by children between 15 and 18 years that is inappropriate for the age of that child. Any work done by children that is harmful to them, prevents them from going to school, or puts their wellbeing, health and development at risk, is considered child labour. Child labour remains a widespread problem in South Africa. Children are being put to work in the various industries and sectors as: •

Domestic workers;

•

Farm workers;

•

Sweatshop and factory workers;

•

Car-guards,

•

Sweepers;

•

Cleaners;

•

Hawkers; and

•

Prostitutes.

Regulating work of children in the arts, advertising and entertainment Children who work in the film, entertainment, sport and music industries need to seek permission from the Labour Department. This is only allowed under strict conditions that satisfy the child’s education, wellbeing and development. Child trafficking, in the context of child labour: A child has been trafficked if the child has been moved within a country, or across borders, whether by force or not, with the purpose of labour exploitation. Labour exploitation means work for which the child is too young, or which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of the child. At its worst, it would include working in slave-like conditions or the child being subjected to commercial sexual exploitation or another worst form of child labour. Worst forms of child labour The International Labour Organisation’s Worst Forms of Child Labour Convention of 1999 which was ratified by South Africa states that labour exploitation of children includes: • all forms of slavery or practices similar to slavery, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict (Convention 182, Art. 3(a)); • the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances (C182, Art. 3(b)); • the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties (C182, Art. 3(c)); • work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children (C182, Art. 3(d) and C138, Art. 3); • work done by children below minimum age for admission to employment (C138, Art. 2)

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Commercial sexual exploitation of children Commercial sexual exploitation of children (CSEC) involves the sexual abuse, sexual assault and rape of any person below the age of 18 years for reward, gain or payment of any kind to such a person or any other person. It also involves any person who directly of indirectly is a facilitator for the sexual exploitation of a child, or any person who records the sexual abuse, assault and rape of children or who creates sexualised images of children for adult sexual enjoyment. The Stockholm Declaration and Agenda for Action of the World Congress Against Commercial Sexual Exploitation of Children (1996) provided a definition of CSEC: "The commercial sexual exploitation of children is a fundamental violation of children's rights. It comprises sexual abuse by the adult and remuneration in cash or kind to the child or a third person or persons. The child is treated as a sexual object and as a commercial object. The commercial sexual exploitation of children constitutes a form of coercion and violence against children, and amounts to forced labour and a contemporary form of slavery." Commercial sexual exploitation of children involves practices that are demeaning, degrading and often life threatening to children. These children are frequently threatened, beaten, manipulated, bribed, drugged and forced into sexual exploitative situations. There are three main interrelated forms of commercial sexual exploitation of children: • Prostitution; • Pornography; and • Trafficking for sexual purposes. Other forms of sexual exploitation of children include the following: • Child sex tourism; • Early marriages; • Mail order brides; and • Debt bondage. The African Charter on the Rights and Welfare of the Child and the United Nations Convention of the Rights of the Child state that governments have a responsibility and duty to protect all children from commercial sexual exploitation.

Child Prostitution Sexual exploitation of children through prostitution is an age old and global problem. It has existed for centuries, rooted in historical and cultural practices. It involves the practice of buying and selling of a person under the age of 18 years for sexual purposes. Prostitution of children can be defined as "... the use of a child in sexual activities for remuneration (payment) or any other form of consideration." (Source: Optional Protocol to the Convention on the Rights of the Child) Children (girls and boys) are prostituted in many different settings; these include places such as: The street, parks and open spaces Taxi ranks Shebeens Night clubs Brothels, sex clubs Private homes Hotels Other places What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Health risks for victims The act of trafficking and the associate human rights violations can have very serious consequences for the victim. Some are severe injuries that can cause lasting health problems and may require long-term treatment. Because women/children who have been trafficked may have been subjected to multiple abuses over an extensive period of time, they may suffer health consequences similar to those of victims of prolonged torture. Victims of trafficking may suffer from a number of physical and psychological health issues stemming from inhumane living conditions, poor sanitation, inadequate nutrition, poor personal hygiene; brutal physical and emotional attacks at the hands of their traffickers and others in the trafficking chain, most especially their employers, dangerous workplace conditions, occupational hazards and general lack of quality health care. Preventive health care and primary health care is virtually non-existent for victims. Health issues are normally not treated in their early stages, but tend to fester until they become critical or even life-endangering. Health issues seen in victims of trafficking may include the following: •

Sexually transmitted diseases, HIV/AIDS;

•

Pregnancy, resulting from rape/ prostitution;

•

Infertility from chronic untreated sexually transmitted infections;

•

Chronic back, hearing, cardiovascular or respiratory problems from endless days toiling in dangerous agriculture, sweatshop or domestic work conditions;

•

Weak eyes and other eye problems resulting from working in poorly lit spaces;

•

Malnourishment that can also result in retarded growth and bad dental conditions especially with children and young people;

•

Infectious diseases like tuberculosis;

•

Undetected or untreated diseases, such as diabetes or cancer;

•

Bruises, scars and other signs of physical abuse and torture. Sex-industry victims are often beaten in areas that won’t damage their outward appearance, like their lower back;

•

Substance and/alcohol abuse problems or addictions either from being coerced into drug use by their traffickers or employers or by turning to substance abuse to help cope with or mentally escape their desperate situations;

•

Psychological trauma from daily mental abuse, including depression, stress-related disorders, disorientation and confusion;

•

Feelings of helplessness, shame, humiliation, shock, denial or disbelief; and

•

Cultural shock from finding themselves in a strange country or with employers from a culture different to theirs.

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Trafficking in persons and HIV/AIDS Adding another bleak dimension to the sordid world of sex slavery, young girls who have been trafficked abroad into prostitution are emerging as an AIDS risk factor in their home countries, according to a study, in the Journal of the American Medical Association, lead author, Jay G. Silverman, a professor of human development at Harvard’s School of Public Health. Girls who were forced into prostitution before age 15 and girls traded between brothels were particularly likely to be infected, the study found. Shunned by their families and villages on their return, they sometimes end up selling themselves again, increasing the risk. Brothel owners pay twice as much for young girls, Dr. Silverman said, and charge more for sex with them, sometimes presenting them as virgins, because men think young girls have fewer diseases or believe the myth — common in some countries — that sex with a virgin cures AIDS. The victims of kidnapping and rape may be forced to keep selling themselves. They may also become pregnant and, without treatment, infect their children. Worldwide, about 500,000 young women are trafficked each year, according to the United State Department. Most of the 150,000 trafficked in southern Asia end up working as prostitutes in Indian cities, according to the United States Congressional Research Service. Rights agencies said a decade ago that up to 7,000 women from Nepal were trafficked to India each year; civil strife has presumably increased that number.

Source: http://www.nytyms.com/2007/08/01/world/asia/01hiv.html? What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Identifying victims of trafficking in persons The main aim of traffickers is to make money / receive services through the continuous exploitation of their victims. This requires the protection of their “investment” i.e. to ensure that the victim will continue to work as instructed and not try to escape. Thus the trafficker needs to exert continuous control over the victim. He or she may apply a range of methods to achieve this goal. Some of which might include: •

Isolating the victim;

•

Use of fear and violence;

•

Use of threats and reprisals against victims family; and

•

Psychological imprisonment and torture.

When traffickers use any of the above mentioned control mechanisms the outcome is a system of psychological imprisonment and torture for the victim. It is important to view the situation through the eyes of the victim and to understand their mindset so that you are able to provide them with the best care and help that will begin the process of restoring their lives. She is alone in a foreign place/country; isolated from contact with friends and family; unable to communicate in her own language; denied possession of own identity and or travel documents; denied contact with family; disoriented by constant movement or re location; subject to repeated physical and or sexual abuse.

Trafficked persons have similar experiences: •

Most trafficking victims from foreign countries are not able to communicate in our official languages

•

The promises and dreams of trafficked victims quickly turn to nightmares as victims find themselves trapped in the sex industry, the service industry, in sweatshops or in agricultural fields;

•

Victims of trafficking have a fear or distrust of the government and police because they are afraid of being repatriated to their place of origin;

•

Confidentiality is vital for victims of trafficking; and

•

Many victims do not self-identify as victims.

As a service provider, you may have interacted or treated victims of trafficking without realising their circumstances, and possibly, have lost a chance to help them leave an exploitative situation. A victim of trafficking may look like many of the people you assist on a daily basis.

Source: Protocol for Identification and Assistance to Trafficked persons and Training Kit: Anti Slavery International 2005 What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

You can help trafficking victims get assistance they need by looking beneath the surface for the following cues. •

Evidence of being controlled;

•

Evidence of an inability to move or leave their place of employment;

•

Bruises or other signs of battering;

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Fear or depression;

•

Foreign victims are unlikely to speak any of the official languages of South Africa;

•

Victims may be from provinces other than the Western Cape; and

•

Lack of identification - identity book, passport, refugee or asylum papers.

Traffickers use various techniques to keep victims in an exploitative situation. Some traffickers keep their victims under lock and key. However, the more frequent practice is to use less obvious techniques including:

•

Debt bondage – financial obligations, honour-bound to satisfy debt;

•

Isolation from the public – limiting contact with outsiders and contact is monitored;

•

Isolation from family members and members of their ethnic and religious community;

•

Confiscation of passports, visas and/or identification documents;

•

Use or threat of violence toward victims and/or families of victims;

•

The threat of shaming victims by exposing their circumstances to their family;

•

Telling victims they will be imprisoned or deported if they contact authorities; and

•

Control of the victim’s money, e.g., holding their money for “safe-keeping”.

The result of such techniques is to instil fear in victims. The victim’s isolation is further exacerbated because they cannot communicate effectively with service providers and they fear that they will be harmed if they expose people in the trafficking chain.

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Interviewing a victim of trafficking in persons The main goal during the first interview is to ascertain whether there are grounds to believe that the person has been trafficked and to get as much information from the possible victim of trafficking in order to be able to identify whether a crime has been committed. Below are useful tips that can assist you in the interview. •

By asking the right questions, may help you determine if someone is a victim of trafficking.

•

It is important to talk to a potential victim in a safe and confidential environment.

•

If someone who seems controlling accompanies the victim, you should try to separate the victim from that person. The accompanying person could be the trafficker/someone working for the trafficker.

•

Seek help of a skilled staff member or from another agency who speaks the victim’s language and understands their culture.

•

If the victim is a child, enlist the help of a social services’ specialist who is skilled in interviewing child victims.

•

Provide the person interviewed with all the relevant information that will enable them to get the necessary support and assistance.

•

It is essential to gain trust from a victim of trafficking

Interviewing child victims Trafficked children are often exposed to a number of conditions (malnutrition, injury, psychological and physical trauma, sexual assault, violence, abandonment, confinement, persecution, dysfunctional behaviour, mistrust of officialdom, etc.) that warrant immediate intervention. An integrated multidisciplinary response, featuring a joint (law enforcement/child welfare and support) intervention is recommended. The express consent of the trafficked child and his or her parent or guardian or social welfare service provider should be acquired before conducting the interview. Prior to the interview with the trafficked child, the investigator/officer should enquire whether any person or agency has already conducted prior interviews. Double questioning should be avoided and information obtained in prior interviews should be made available (as appropriate and if applicable) to other responsible actors who need the information. The access to information must take into account principles of privacy and confidentiality. Law enforcement authorities should defer to the guardian for information that does not legally require the first person testimony of the child.

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Responsibilities of service providers in protecting child victims of trafficking: •

Providing victims/potential victims with a safe place to stay;

•

Providing support services (e.g. counselling, legal advice, schooling) to victims,

•

Identifying victims/potential victims according to agreed profiles or receiving referrals from other agencies who have identified them;

•

Undertaking initial interviews, including joint interviews with the local police to assess risk, harm and agree child protection plans;

•

Providing advice about who to contact concerning a foreign child victim’s immigration status;

•

Assisting in the identification of possible traffickers masquerading as relatives or caregivers;

•

Ensuring contact with police and provision of information to the police;

•

Finding relatives in country or place of origin, and verification what would be in the best interests of the child, and if it is safe to return home;

•

Ensuring that NGO or other support is available if they are returned to their country or place of origin; and

•

Providing support and building a trust relationship to encourage the child not to return to the traffickers or exploitative employers/pimps.

Various forms of harm can be inflicted on children. Some can be treated by a health professional in a clinical way, while others require psychosocial attention from other professionals. NGO’s and other agencies helping children to recover can aim to help children recover in four ways: •

Arranging medical treatment;

•

Addressing social behaviour;

•

Addressing the child’s ability to interact with other people and society at large; and

•

Providing ongoing education or vocational education.

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Guidelines for interviewing victims of trafficking The World Health Organisation (WHO) has developed ten guiding principles to be aware of when interviewing women victims of trafficking. These guidelines are also relevant in conducting interviews with men and children. In the section below we have included the guidelines for your information and to assist you in the interview.

1. DO NO HARM Treat each victim and the situation as if the potential for harm is extreme until there is evidence that suggests otherwise. Do not undertake any interview that will make a victim’s situation worse in the short or longer term. 2. KNOW YOUR SUBJECT AND ASSESS THE RISKS Learn the risks associated with trafficking and each victim’s case before undertaking an interview. 3. PREPARE REFERRAL INFORMATION – DO NOT MAKE PROMISES YOU CANNOT KEEP Be prepared to provide information in the victim’s own language, and the local language (if different) about appropriate legal, health, shelter, social support and security services, and to help with referral if requested. 4. ADEQUATELY SELECT AND PREPARE INTERPRETERS AND CO-WORKERS Weigh the risks and benefits associated with employing interpreters, co-workers and others, and develop adequate methods for screening and training. 5. ENSURE ANONYMITY AND CONFIDENTIALITY Protect a victim’s identity and confidentiality throughout the entire interview process – from the moment there is contact with the victim through the time that details of the case are made public. 6. GET INFORMED CONSENT Make certain that each victim clearly understands the content and purpose of the interview, the intended use of the information, their right not to answer questions, their right to end the interview at any time, and their right to put restrictions on how the information is used. 7. LISTEN TO AND RESPECT EACH VICTIM’S ASSESSMENT OF THEIR SITUATION AND RISKS TO THEIR SAFETY Recognise that each victim will have different concerns, and that the way they view their concerns may be different from how others might assess them. 8. DO NOT RE-TRAUMATISE A VICTIM Do not ask questions intended to provoke an emotionally charged response. Be prepared to respond to a victim’s distress and highlight their strengths. 9. BE PREPARED FOR EMERGENCY INTERVENTION Be prepared to respond if a victim says that they are in imminent danger. 10. PUT INFORMATION COLLECTED TO GOOD USE Use information in a way that benefits a victim or that advances the development of good policies and interventions for trafficked persons generally.

Source: World Health Organisation Ethical and Safety Recommendations for Interviewing Trafficked Women, 2003 What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Possible questions you can ask The following are sample questions service providers can ask in screening an individual to determine if he/she is a potential victim of trafficking. Before you ask the victim any sensitive questions, try to get the victim alone if they came to you accompanied by someone who could be a trafficker posing as a spouse, other family member or employer. However, when requesting time alone, you should do so in a manner that does not raise suspicions. Questions you can ask to determine whether someone is a victim:

1. Can you leave your job or situation if you want to? 2. Can you come and go as you please? 3. Have you been threatened if you try to leave? 4. Have you been physically harmed in any way? 5. What is your working or living conditions like? 6. Where do you sleep and eat? 7. Do you sleep in a bed, on a cot or on the floor? 8. Have you ever been deprived of food, water, sleep or medical care? 9. Do you have to ask permission to eat, sleep or go to the bathroom? 10. Are there locks on your doors and windows so you cannot get out? 11. Has anyone threatened your family? 12. Has your identification or documentation been taken from you? 13. Is anyone forcing you to do anything that you do not want to do?

The main goal during the first interview is to ascertain whether there are grounds to believe that the person has been trafficked. It is also to obtain enough information from the possible victim of trafficking in order to determine if a crime had been committed. It is important to provide the person interviewed with all the relevant information that will enable them to obtain appropriate support and assistance. Here we include some steps of how to conduct the FIRST interview.

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Steps in the interviewing process: Step 1. Opening the interview The intention is to establish a situation in which the potential victim is feeling safe enough to tell his/her story. Step 2. Giving information The best way to achieve a successful opening is by making it very clear what you are doing and what he/she can expect. Step 3. Gathering information This step is to determine whether you have sufficient reason to believe that the person is a victim of trafficking and to determine what immediate support and assistance measures are needed. Step 4. Updating information By giving information at this stage your goal is the same as when giving information in earlier stages: to make sure that the possible victim is safe and to build a relationship of trust so that the person and you can work together. Step 5. Joint decisions on future steps to take Decide what further steps to take, a joint approach is useful. Step 6. Taking further steps The main purpose is to ensure that the person is safe and his/her health; physical, mental and social needs are taken care of. Step 7. Closing the interview Gain feedback from the victim and make clear agreement abut follow up.

The South African victim’s charter The Service Charter for Victims of Crime in South Africa (the “Victims’ Charter”) is an important instrument for promoting justice for all. The Victims’ Charter is compliant with the spirit of the South African Constitution, 1996, Act 108 of 1996, and the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 1985 (GA/RES/40/34). Since 1994, and in keeping with the cultivation of a human rights culture, the focus has gradually shifted from an adversarial and retributive criminal justice system to that of Restorative Justice. Central to the concept of Restorative Justice is the recognition of crime as more than an offence against the state, but also as an injury or wrong done to another person. The charter is in line with the National Crime Prevention Strategy’s victim-centred vision for the criminal justice system. The ultimate goal is the empowerment of the victim through meeting victims’ needs, be they material or emotional. The Victims’ Charter and the attached minimum standards document are important instruments elaborating and consolidating rights and obligations relating to services applicable to victims and survivors of crime in South Africa. The Victims’ Charter is consonant with the provisions of section 234 of the Constitution. The key objectives of the Charter is to provide for the consolidation of the present legal framework in South Africa relating to the rights of and services provided to victims of crime and to: • Eliminate secondary victimisation in the criminal justice process; • Ensure that victims remain central to the criminal justice process; • Clarify the service standards that can be expected by and are to be accorded to victims whenever they come into contact with the criminal justice system; and • Make provision for victims’ recourse when standards are not met. THE RIGHTS OF A VICTIM OF CRIME Victims of crime have the following rights, as contained in the Constitution and relevant legislation, which must be upheld when they come into contact with the criminal justice system: • The right to be treated with fairness and with respect for dignity and privacy; • The right to offer information; • The right to receive information; • The right to protection; • The right to assistance; • The right to compensation; and • The right to restitution; COMPLAINTS Victims have the right to complain if they are not satisfied with the way in which their complaint is being handled. Victims can also contact organisations such as: • The Office of the Public Protector; • The South African Human Rights Commission; • The Commission on Gender Equality; • The Independent Complaints Directorate; • Metropolitan Police Offices; • The Health Professions Council of South Africa; and • A lawyer of their own choice and at their own expense.

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Legal provisions in South Africa South Africa has a rights-based approach to the law and especially to victims of crimes. In respect of children this approach finds expression in the constitutional provision in Section 28 of the Constitution that guarantees children protection. According to this provision: Every child has the right to: (1a) a name and a nationality from birth; (1b) appropriate alternative care when removed from the family environment (1c) basic nutrition, shelter, basic health care services and social services; (1d) be protected from maltreatment, neglect, abuse or degradation (1e) be protected from exploitative labour practices (1f) not to be required or permitted to perform work or provide services that(i) are inappropriate for a person of that child's age (ii) place at risk the child's well-being, education, physical or mental health or spiritual, moral or social development (1g) not to be detained except as a measure of last resort, in which case, in addition to the rights a child enjoys under sections 12 and 35, the child may be detained only for the shortest appropriate period of time, and has the right to be (i) kept separately from detained persons over the age of 18 years; and (ii) treated in a manner, and kept in conditions, that take account of the child's age; (h) have a legal practitioner assigned to the child by the state, and at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise result; and (i) not to be used directly in armed conflict, and to be protected in times of armed conflict. The Constitution states further in Section 28(2) that 'a child's best interests’ are of paramount importance in every matter concerning the child.' It further states in Section 28(3) “in this section ‘child’ means a person under the age of 18 years.”

Trafficking in children Whilst South Africa currently does not have legislation in operation that specifically prohibits trafficking in children there are provisions in Section 283 of the Children’s Act No. 38 of 2005. These provisions make it an offence to commit the crime of “trafficking in children”. The Act will probably only be put into force in 2008. The Child Care Act of 1983 therefore still governs the child care and protection system until the new Children's Act can be enforced. The new Act adopts the United Nations’ definition of trafficking in persons as contained in the Palermo Protocol. Section 283 is specifically concerned with the prohibition of trafficking in children and states that: 1. No person may traffic in children. 2. The consent of a child who is a victim of trafficking to the intended exploitation is no defence to a charge of contravening subsection (1). 3. If a court finds that a parent or care-giver of a child or any other person who has parental responsibilities and rights in respect of a child has contravened subsection (1) in respect of that child, the court may – (a) Suspend all parental responsibilities and rights of that parent, care-giver or person pending an inquiry by a children's court; and (b) Put that child in temporary safe care pending the placement of the child in alternative care. South Africa also has legal provisions that allow for the prosecution of offenders for violations related to trafficking in children.

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Commercial sexual exploitation The current Child Care Act deals with child sexual exploitation in Section 50 (A) and defines the commercial sexual exploitation of children as: ”The procurement of a child to perform a sexual act for a financial or other reward payable to the child, the parents or guardian of the child, the procurer or any other person. The Act further states that: ”Any person who participates or is involved in the commercial sexual exploitation of a child shall be guilty of an offence.” In Section 50(A) 2 the Act indicates that: “Any person who is an owner, lessor, manager, tenant or occupier of a property on which commercial sexual exploitation of a child occurs and who, within a reasonable time of gaining information of such occurrence, fails to report such occurrence at a police station, shall be guilty of an offence.” The Act criminalises the actions of those directly involved in child sexual exploitation as well as any person legally linked to a property where such exploitation takes place. It however does not criminalise third party involvement such as those who facilitate child sexual exploitation through coercion and force such as pimps and family members who benefit from children’s sexual exploitation. It also does not criminalise those involved in other aspects of the sex industry that facilitate children’s sexual exploitation as well as benefit from it as in the case of pornography. The Sexual Offences Act provides such criminal sanction as it deals directly with the issues of brothels and ‘unlawful carnal intercourse’, which is limited to sexual intercourse between a male and female person. In terms of Section 3 any person who is directly or indirectly involved in the running of brothel is guilty of an offence. The Act provides sanctions against the actions of any parent or guardian of a child less than eighteen years of age, whom: 1. permits, procures or attempts to procure such child to have unlawful carnal intercourse, or to commit any immoral or indecent act, with any person other than the procurer; or to reside in or to frequent a brothel, or 2. orders, permits, or in any way assists in bringing about, or receives any consideration for, seduction, or prostitution of such a child.

Protection for foreign child victims The Refugee Act provides principles and standards relating to refugees. Section 32 deals with unaccompanied children of foreign nationality and reads in Section 32(1) 1. Any child who appears to qualify for refugee status in terms of section 3, and who is found under circumstances which clearly indicate that he or she is a child in need of care as contemplated in the Child Care Act, 1983 …, must forthwith be brought before the Children's Court for the district in which he or she was found. The Children's Court may order that a child contemplated in subsection (1) be assisted in applying for asylum in terms of this Act.

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A situation where a 'found' child has been subjected to exploitation and through activities related to trafficking brought into South Africa would indicate that such a child is 'a child in need of care'. This means, that a child in these circumstances, with the assistance of the Children's Court, would be able to apply for refugee status. Especially, since it is in the 'child's best interest' not to be sent back into conditions which would most likely allow for trafficking for the purpose of exploitation all over again. Section 3 of the Act defines the circumstances under which a person qualifies for refugee status. It states in Section 3(a) that a person is eligible to apply who “Owing to a well-founded fear of being persecuted by reason of his or her race, tribe, religion, nationality, political opinion or membership of a particular social group, is outside the country of his or her nationality and is unable or unwilling to avail himself or herself of the protection of that country, or, not having a nationality and being outside the country of his or her former habitual residence is unable, owing to such fear, unwilling to return to it.” It could be argued, that children who are victims of trafficking in persons belong to a 'social group' and 'owing to a well-founded fear' (i.e. to be subjected to exploitation again) are 'unwilling to return' to their country of origin.

The films and publications act, 65 of 1996 as amended 2004 - Child Pornography The Films and Publications Act aims to provide for the classification of certain films and publications and deals with matters arising from the production, possession and distribution of such classified materials. The broad definition of 'publications' makes this Act also applicable to computer software, soundtracks as well as 'any figure, carving, statue or model'. The Act’s definition also includes, 'any picture intended for exhibition through the medium of any mechanical, electronic or other device'. The classification or even refusal thereof for 'publications' and 'films' is aimed at regulating distribution of films and publications based on fundamental constitutional rights. Schedule 1, Section 1(a) of this Act allows for the classification of 'publications' if it contains a visual presentation, simulated or real of a person who is, or is depicted as being, under the age of 18 years, participating in, engaging in or assisting another person to engage in sexual conduct or lewd display of nudity. The same criterion applies to 'films' as described in Schedule 6, Section 1(a) of this Act. This means, that any form of pornographic 'film' or 'publication' depicting children would be classifiable. This could include a catalogue or pamphlet that advertises children for the purpose of sexual exploitation. However, a very narrow definition of sexual conduct limits the applicability of the above criterion. The possession (Section 27) and distribution (Section 28) of child pornographic publications and films are offences. Section 27(a) prohibits any person knowingly producing, importing or being in possession of child pornography, while Section 28(a) prohibits the distribution of child pornography. However, the above classifications and restrictions do not apply 'in respect of a bona fide scientific, documentary, literary' 'film' or 'publication', (Schedule 5 and Schedule10) which leaves a broad scope of interpretation and potential misuse, since it could be argued that the portrayal of child pornography is 'scientific' or 'documentary'.

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The Basic Conditions of Employment Act, 57 of 1997 - Child Labour Child labour is prohibited in the Basic Conditions of Employment Act, 57 of 1997. The Act provides in Chapter 6 for the prohibition of employment and forced labour. Section 14(1) of this Chapter makes it an offence for any person to employ a child under the age of 15 or who is under the minimum school-leaving age in terms of any law. It states further in Section 14(2) that no child may be employed in any kind of 'work' that is inappropriate for the age of that person and Section 14(2) (b) further prohibits the employment of a child if such employment conditions places the child's well being, education, and physical or mental health, or spiritual, moral or social development at risk. Section 48 of the Act prohibits forced labour and highlights that â&#x20AC;&#x153;no person may for his or her own benefit or for the benefit of someone else, cause, demand or impose forced labour.â&#x20AC;? These sections can be applied for the protection of child victims of trafficking in persons. Children forced by traffickers or others into circumstances in which they are exploited and abused are in situations that endanger their well-being, 'physical or mental health, or spiritual, moral or social development'. In addition, any form or method of trafficking in persons for the purpose of children's exploitation should automatically be regarded as 'forced labour' and therefore be prosecutable under this provision.

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

International Provisions At the international level, several instruments relating to trafficking in persons were introduced as far back as 1904 when the international Agreement for the suppression of the white slave trade was adopted. South Africa is also guided by international legal frameworks and is obligated to bring into force provisions in its domestic legislation that it has agreed to by ratifying international rights-based instruments. This has placed an obligation on South Africa to bring domestic laws and policies in line with standards set by these international instruments. The most important of these with regard to trafficking is the UN Protocol on Trafficking in Persons.

Key features of the UN Protocol on trafficking in persons: • • • • • • • •

• •

Defines trafficking as a crime against the person, marked by the intent to deceive and to exploit persons' vulnerability; Expands the range of actions considered part of the trafficking process – recruitment, transportation, transfer, harbouring, and receipt of persons in end-institutions; Addresses a wide range of means used, from blatant force to subtle inducements that capitalise on; Vulnerability, to achieve ‘consent’; Makes consent to the intended exploitation irrelevant, where any of the means outlined in the definition are used; Acknowledges men are also trafficked, though it emphasises trafficking in women and children; Recognises a range of purposes of trafficking in persons, in addition to sexual exploitation; Contains rights-based and protective social, economic, political and legal measures to prevent trafficking in persons, protect, assist, return and reintegrate victims of trafficking in persons, and to penalise trafficking and related conduct; Calls for international cooperation to prevent and combat trafficking in persons; and Obligates States to provide certain services for victims of trafficking in persons that will assist in the recovery and re-integration of victims.

These measures are also important in securing a conviction, as victims who feel isolated and fearful might be reluctant to bring charges. The Protocol specifically binds States to the following:

Part I: Purpose, Scope and Criminal Sanctions (Articles 1-5) Articles 1 and 2 set out the basic purpose of the Protocol. Essentially, the Protocol is intended to "prevent and combat" trafficking in persons and facilitate international cooperation against such trafficking. It provides for: • Criminal offences; • Control and cooperation measures against traffickers; • Provides some measures to protect and assist the victims; • Some issues remain open with respect to the application of the Protocol to purely domestic activities (e.g. movement of victims within a country), which support trafficking in persons across borders. States that ratify the Protocol are obliged to enact domestic laws making activities related to trafficking in person’s activities criminal offences, if such laws are not already in place (Art. 5).

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Important points to know •

•

• •

With the exception of children, who cannot consent, the intention is to distinguish between consensual acts or treatment and those in which abduction, force, fraud, deception or coercion are used or threatened. As with the Convention, the nature and degree of international and organised crime involvement required before the Protocol applies has also been the subject of extensive discussions Generally, domestic officials can deal with cases in which there is little or no international involvement without recourse to the Protocol or Convention. However, requiring too direct a link might make it impossible to use the Protocol provisions in cases where purely domestic offences were committed by foreign offenders or as part of a larger trans-national organised crime operation.

Part 2: Protection of trafficked persons (Articles 6-8) In addition to taking action against traffickers, the Protocol requires States that ratify it to take some steps to protect and assist victims of trafficking in persons, thus: • Victims of trafficking in persons would be entitled to confidentiality and have some

•

• •

protection against offenders, in general and when they provide evidence or assistance to law enforcement or appear as witnesses in prosecutions or similar proceedings. The legal status of victims of trafficking in persons and whether they would eventually be returned to their countries of origin was the subject of extensive discussion during the drafting process. Similar discussions have taken place with respect to the return of smuggled migrants in the Protocol dealing with them, Generally, countries to which persons are often trafficked have taken the position that there should not be a right to remain in their countries as this would provide an incentive both for trafficking in persons and illegal migration. States whose nationals were more likely to be trafficked wanted as much protection and legal status for trafficked persons as possible (Art.6 and 7). States agreed to accept responsibility to facilitate for the repatriation of their own nationals (Art. 8).

Part 3: Prevention, Cooperation and other measures (Articles 9-13) • • • • • • •

Law enforcement agencies of States that ratify the Protocol are required to cooperate with such things as the identification of offenders and victims of trafficking in persons. Sharing information about the methods of offenders and the training of investigators, enforcement and victim support personnel (Art.10) States are also required to implement security and border controls to detect and prevent trafficking in persons. These include: Strengthening their own border controls; Imposing requirements on commercial carriers to check passports and visas (Art.11); Setting standards for the technical quality of passports and other travel documents (Art.12); and Cooperation in establishing the validity of their own documents when used abroad (Art.13).

Important points to know • •

Cooperation between States who ratify is generally mandatory. (Art.11). Social methods of prevention, such as research, awareness raising and social or economic support are also provided for, both by States and in collaboration with nongovernmental organisations (Art.9).

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

ADDENDUM 1: PALERMO PROTOCOL Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, G.A. Res. 25, annex II, U.N. GAOR, 55th Session, Supplementing No. 49, at 60, U.N. Doc. A/45/49 (Vol. I) (2001) entered into force Sept. 9, 2003. Preamble The States Parties to this Protocol, Declaring that effective action to prevent and combat trafficking in persons, especially women and children, requires a comprehensive international approach in the countries of origin, transit and destination that includes measures to prevent such trafficking, to punish the traffickers and to protect the victims of such trafficking, including by protecting their internationally recognized human rights, Taking into account the fact that, despite the existence of a variety of international instruments containing rules and practical measures to combat the exploitation of persons, especially women and children, there is no universal instrument that addresses all aspects of trafficking in persons, Concerned that, in the absence of such an instrument, persons who are vulnerable to trafficking will not be sufficiently protected, Recalling General Assembly resolution 53/111 of 9 December 1998, in which the Assembly decided to establish an open-ended intergovernmental ad hoc committee for the purpose of elaborating a comprehensive international convention against transnational organized crime and of discussing the elaboration of, inter alia, an international instrument addressing trafficking in women and children, Convinced that supplementing the United Nations Convention against Transnational Organized Crime with an international instrument for the prevention, suppression and punishment of trafficking in persons, especially women and children, will be useful in preventing and combating that crime, Have agreed as follows:

I. General Provisions Article 1: Relation with the United Nations Convention against Transnational Organized Crime 1. This Protocol supplements the United Nations Convention against Transnational Organized Crime. It shall be interpreted together with the Convention. 2. The provisions of the Convention shall apply, mutatis mutandis, to this Protocol unless otherwise provided herein. 3. The offences established in accordance with article 5 of this Protocol shall be regarded as offences established in accordance with the Convention.

Article 2: Statement of purpose The purposes of this Protocol are: (a) To prevent and combat trafficking in persons, paying particular attention to women and children; (b) To protect and assist the victims of such trafficking, with full respect for their human rights; and (c) To promote cooperation among States Parties in order to meet those objectives.

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Article 3: Use of terms For the purposes of this Protocol: (a) "Trafficking in persons" shall mean 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 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; (b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used; (c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered "trafficking in persons" even if this does not involve any of the means set forth in subparagraph (a) of this article; (d) "Child" shall mean any person less than eighteen years of age.

Article 4: Scope of application This Protocol shall apply, except as otherwise stated herein, to the prevention, investigation and prosecution of the offences established in accordance with article 5 of this Protocol, where those offences are transnational in nature and involve an organized criminal group, as well as to the protection of victims of such offences.

Article 5: Criminalisation 1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the conduct set forth in article 3 of this Protocol, when committed intentionally. 2. Each State Party shall also adopt such legislative and other measures as may be necessary to establish as criminal offences: (a) Subject to the basic concepts of its legal system, attempting to commit an offence established in accordance with paragraph 1 of this article; (b) Participating as an accomplice in an offence established in accordance with paragraph 1 of this article; and (c) Organizing or directing other persons to commit an offence established in accordance with paragraph 1 of this article.

II. Protection of victims of trafficking in persons Article 6: Assistance to and protection of victims of trafficking in persons 1. In appropriate cases and to the extent possible under its domestic law, each State Party shall protect the privacy and identity of victims of trafficking in persons, including, inter alia, by making legal proceedings relating to such trafficking confidential. 2. Each State Party shall ensure that its domestic legal or administrative system contains measures that provide to victims of trafficking in persons, in appropriate cases: (a) Information on relevant court and administrative proceedings; (b) Assistance to enable their views and concerns to be presented and considered at appropriate stages of criminal proceedings against offenders, in a manner not prejudicial to the rights of the defence. 3. Each State Party shall consider implementing measures to provide for the physical, psychological and social recovery of victims of trafficking in persons, including, in What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

appropriate cases, in cooperation with non-governmental organizations, other relevant organizations and other elements of civil society, and, in particular, the provision of: (a) Appropriate housing; (b) Counselling and information, in particular as regards their legal rights, in a language that the victims of trafficking in persons can understand; (c) Medical, psychological and material assistance; and (d) Employment, educational and training opportunities. 4. Each State Party shall take into account, in applying the provisions of this article, the age, gender and special needs of victims of trafficking in persons, in particular the special needs of children, including appropriate housing, education and care. 5. Each State Party shall endeavour to provide for the physical safety of victims of trafficking in persons while they are within its territory. 6. Each State Party shall ensure that its domestic legal system contains measures that offer victims of trafficking in persons the possibility of obtaining compensation for damage suffered.

Article 7: Status of victims of trafficking in persons in receiving States 1. In addition to taking measures pursuant to article 6 of this Protocol, each State Party shall consider adopting legislative or other appropriate measures that permit victims of trafficking in persons to remain in its territory, temporarily or permanently, in appropriate cases. 2. In implementing the provision contained in paragraph 1 of this article, each State Party shall give appropriate consideration to humanitarian and compassionate factors.

Article 8: Repatriation of victims of trafficking in persons 1. The State Party of which a victim of trafficking in persons is a national or in which the person had the right of permanent residence at the time of entry into the territory of the receiving State Party shall facilitate and accept, with due regard for the safety of that person, the return of that person without undue or unreasonable delay. 2. When a State Party returns a victim of trafficking in persons to a State Party of which that person is a national or in which he or she had, at the time of entry into the territory of the receiving State Party, the right of permanent residence, such return shall be with due regard for the safety of that person and for the status of any legal proceedings related to the fact that the person is a victim of trafficking and shall preferably be voluntary. 3. At the request of a receiving State Party, a requested State Party shall, without undue or unreasonable delay, verify whether a person who is a victim of trafficking in persons is its national or had the right of permanent residence in its territory at the time of entry into the territory of the receiving State Party. 4. In order to facilitate the return of a victim of trafficking in persons who is without proper documentation, the State Party of which that person is a national or in which he or she had the right of permanent residence at the time of entry into the territory of the receiving State Party shall agree to issue, at the request of the receiving State Party, such travel documents or other authorization as may be necessary to enable the person to travel to and re-enter its territory. 5. This article shall be without prejudice to any right afforded to victims of trafficking in persons by any domestic law of the receiving State Party. 6. This article shall be without prejudice to any applicable bilateral or multilateral agreement or arrangement that governs, in whole or in part, the return of victims of trafficking in persons. What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

III. Prevention, cooperation and other measures Article 9: Prevention of trafficking in persons 1. States Parties shall establish comprehensive policies, programmes and other measures: (a) To prevent and combat trafficking in persons; and (b) To protect victims of trafficking in persons, especially women and children, from revictimization. 2. States Parties shall endeavour to undertake measures such as research, information and mass media campaigns and social and economic initiatives to prevent and combat trafficking in persons. 3. Policies, programmes and other measures established in accordance with this article shall, as appropriate, include cooperation with non-governmental organizations, other relevant organizations and other elements of civil society. 4. States Parties shall take or strengthen measures, including through bilateral or multilateral cooperation, to alleviate the factors that make persons, especially women and children, vulnerable to trafficking, such as poverty, underdevelopment and lack of equal opportunity. 5. States Parties shall adopt or strengthen legislative or other measures, such as educational, social or cultural measures, including through bilateral and multilateral cooperation, to discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking.

Article 10: Information exchange and training 1. Law enforcement, immigration or other relevant authorities of States Parties shall, as appropriate, cooperate with one another by exchanging information, in accordance with their domestic law, to enable them to determine: (a) Whether individuals crossing or attempting to cross an international border with travel documents belonging to other persons or without travel documents are perpetrators or victims of trafficking in persons; (b) The types of travel document that individuals have used or attempted to use to cross an international border for the purpose of trafficking in persons; and (c) The means and methods used by organized criminal groups for the purpose of trafficking in persons, including the recruitment and transportation of victims, routes and links between and among individuals and groups engaged in such trafficking, and possible measures for detecting them. 2. States Parties shall provide or strengthen training for law enforcement, immigration and other relevant officials in the prevention of trafficking in persons. The training should focus on methods used in preventing such trafficking, prosecuting the traffickers and protecting the rights of the victims, including protecting the victims from the traffickers. The training should also take into account the need to consider human rights and child- and gender-sensitive issues and it should encourage cooperation with non-governmental organizations, other relevant organizations and other elements of civil society. 3. A State Party that receives information shall comply with any request by the State Party that transmitted the information that places restrictions on its use.

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Article 11: Border measures 1. Without prejudice to international commitments in relation to the free movement of people, States Parties shall strengthen, to the extent possible, such border controls as may be necessary to prevent and detect trafficking in persons. 2. Each State Party shall adopt legislative or other appropriate measures to prevent, to the extent possible, means of transport operated by commercial carriers from being used in the commission of offences established in accordance with article 5 of this Protocol. 3. Where appropriate, and without prejudice to applicable international conventions, such measures shall include establishing the obligation of commercial carriers, including any transportation company or the owner or operator of any means of transport, to ascertain that all passengers are in possession of the travel documents required for entry into the receiving State. 4. Each State Party shall take the necessary measures, in accordance with its domestic law, to provide for sanctions in cases of violation of the obligation set forth in paragraph 3 of this article. 5. Each State Party shall consider taking measures that permit, in accordance with its domestic law, the denial of entry or revocation of visas of persons implicated in the commission of offences established in accordance with this Protocol. 6. Without prejudice to article 27 of the Convention, States Parties shall consider strengthening cooperation among border control agencies by, inter alia, establishing and maintaining direct channels of communication.

Article 12: Security and control of documents Each State Party shall take such measures as may be necessary, within available means: (a) To ensure that travel or identity documents issued by it are of such quality that they cannot easily be misused and cannot readily be falsified or unlawfully altered, replicated or issued; and (b) To ensure the integrity and security of travel or identity documents issued by or on behalf of the State Party and to prevent their unlawful creation, issuance and use.

Article 13: Legitimacy and validity of documents At the request of another State Party, a State Party shall, in accordance with its domestic law, verify within a reasonable time the legitimacy and validity of travel or identity documents issued or purported to have been issued in its name and suspected of being used for trafficking in persons.

IV. Final provisions Article 14: Saving clause 1. Nothing in this Protocol shall affect the rights, obligations and responsibilities of States and individuals under international law, including international humanitarian law and international human rights law and, in particular, where applicable, the 1951 Convention and the 1967 Protocol relating to the Status of Refugees and the principle of nonrefoulement as contained therein. 2. The measures set forth in this Protocol shall be interpreted and applied in a way that is not discriminatory to persons on the ground that they are victims of trafficking in persons. The interpretation and application of those measures shall be consistent with internationally recognized principles of non-discrimination.

Article 15: Settlement of disputes l. States Parties shall endeavour to settle disputes concerning the interpretation or application of this Protocol through negotiation. 2. Any dispute between two or more States Parties concerning the interpretation or application of this Protocol that cannot be settled through negotiation within a reasonable What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

time shall, at the request of one of those States Parties, be submitted to arbitration. If, six months after the date of the request for arbitration, those States Parties are unable to agree on the organization of the arbitration, any one of those States Parties may refer the dispute to the International Court of Justice by request in accordance with the Statute of the Court. 3. Each State Party may, at the time of signature, ratification, acceptance or approval of or accession to this Protocol, declare that it does not consider itself bound by paragraph 2 of this article. The other States Parties shall not be bound by paragraph 2 of this article with respect to any State Party that has made such a reservation. 4. Any State Party that has made a reservation in accordance with paragraph 3 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.

Article 16: Signature, ratification, acceptance, approval and accession 1. This Protocol shall be open to all States for signature from 12 to 15 December 2000 in Palermo, Italy, and thereafter at United Nations Headquarters in New York until 12 December 2002. 2. This Protocol shall also be open for signature by regional economic integration organizations provided that at least one member. State of such organization has signed this Protocol in accordance with paragraph 1 of this article. 3. This Protocol is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. A regional economic integration organization may deposit its instrument of ratification, acceptance or approval if at least one of its member States has done likewise. In that instrument of ratification, acceptance or approval, such organization shall declare the extent of its competence with respect to the matters governed by this Protocol. Such organization shall also inform the depositary of any relevant modification in the extent of its competence. 4. This Protocol is open for accession by any State or any regional economic integration organization of which at least one member State is a Party to this Protocol. Instruments of accession shall be deposited with the Secretary-General of the United Nations. At the time of its accession, a regional economic integration organization shall declare the extent of its competence with respect to matters governed by this Protocol. Such organization shall also inform the depositary of any relevant modification in the extent of its competence.

Article 17: Entry into force 1. This Protocol shall enter into force on the ninetieth day after the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession, except that it shall not enter into force before the entry into force of the Convention. For the purpose of this paragraph, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization. 2. For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Protocol after the deposit of the fortieth instrument of such action, this Protocol shall enter into force on the thirtieth day after the date of deposit by such State or organization of the relevant instrument or on the date this Protocol enters into force pursuant to paragraph 1 of this article, whichever is the later.

Article 18: Amendment 1. After the expiry of five years from the entry into force of this Protocol, a State Party to the Protocol may propose an amendment and file it with the Secretary-General of the United Nations, who shall thereupon communicate the proposed amendment to the States Parties and to the Conference of the Parties to the Convention for the purpose of considering and deciding on the proposal. The States Parties to this Protocol meeting at the Conference of the Parties shall make every effort to achieve consensus on each amendment. If all efforts at consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, require for its adoption a two-thirds majority vote of the States Parties to What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

this Protocol present and voting at the meeting of the Conference of the Parties. 2. Regional economic integration organizations, in matters within their competence, shall exercise their right to vote under this article with a number of votes equal to the number of their member States that are Parties to this Protocol. Such organizations shall not exercise their right to vote if their member States exercise theirs and vice versa. 3. An amendment adopted in accordance with paragraph 1 of this article is subject to ratification, acceptance or approval by States Parties. 4. An amendment adopted in accordance with paragraph 1 of this article shall enter into force in respect of a State Party ninety days after the date of the deposit with the SecretaryGeneral of the United Nations of an instrument of ratification, acceptance or approval of such amendment. 5. When an amendment enters into force, it shall be binding on those States Parties, which have expressed their consent to be bound by it. Other States Parties shall still be bound by the provisions of this Protocol and any earlier amendments that they have ratified, accepted or approved.

Article 19: Denunciation 1. A State Party may denounce this Protocol by written notification to the Secretary-General of the United Nations. Such denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General. 2. A regional economic integration organization shall cease to be a Party to this Protocol when all of its member States have denounced it.

Article 20: Depositary and languages 1. The Secretary-General of the United Nations is designated depositary of this Protocol. 2. The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Protocol.

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Contact list Western Cape Contact

Organization

Telephone

Fax

Address

Areas of work

Patric Solomons Pamela Silolo

Molo Songololo

021 7625420

021 762 5431

3 Braeside Road Kenilworth 7700

Lorna Houston Abraham Nicolas Leonie Caroline

Molo Songololo Atlantis office

021 572 6595

021 572 6523

Child Trafficking; Sexual Exploitation of children; child prostitution; facilitating for services for children trafficked; lobbying and advocacy; child rights education Child sexual exploitation; facilitating for the provision services therapeutic services to child victims of

Black Sash

021 461 5607

021 4615918

Julaine Olkers

CRTF- Refugee Centre STOP - Standing together to oppose pornography ANEX child domestic workers

021 762 9670

021 7612294

021 715 3216 083 463 4762

021 715 6706

24 Barrack Street; 4th floor; Burleigh House; Cape Town Wynberg centre; F12; 123 Main Rd; Wynberg 7700 P.O Box 461 Bergvliet 7864

Focus on social security Issues Child Support Grant; old age pension referrals RAF ; labour issues; lobbying from national; Assisting refugees and displaced persons with support services Lobbying the media; government; around issues of pornography; general education & awareness raising

021 638 3111

021 637 4423

334 A Klipfontein road; Gatesville 7764

Working with issues of child labour including and child trafficking for domestic purposes; lobbying and advocacy around services; shelter and so on.

Nicole Fick

Sex Workers Advocacy Task Team

021 448 7875

021 448 7857

Community House; 41 Salt River Road; 7725

Michelle & Micheal Ohlson

Concerned Parents For Missing Children IOM International Organisation on Migration Rape Crisis

021 372 7500

021 371 1149

021 425 4038

021 419 5725

25 Vergelen way Westridge; Mitchellâ&#x20AC;&#x2122;s Plain 7798 80 Strand Street, Cape Town

021 4471467

021 447 5458

South African Human Rights Commission

021 426 2277

021 426 2875

SWEAT works with adult sex workers around health and human rights. Advocate for decriminalisation of adult sex work, provide life-skills life training and capacity building for service providers and conducts research. Working with parents of missing children; trying to locate missing children provide support and counselling to the parents and siblings South African Counter Trafficking Programme, training for law enforcement, information campaign and victim assistance Provide support and counselling to victims of sexual violence Dealing with all aspects of Human rights and Chapter 2 of the Bill Of Rights.

Micelle Human Doreen Meisner

Julayga Alfred

Lydia Futter Nde Ndifonke Nolitha Mzwai Judith Cohen

23 Trill Road, Observatory

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Prosecution Services Mr Vusi Mahlangu Deidre Rossouw Janet Kellerman

Khayelitsha SOCA Wynberg SOCA Mitchells plain SOCA Cape Town SOCA Goodwood SOCA

021 360 1435

021 360 1413

021 799 5962

021 761 4518

021 370 4200

021 371 3063

021 461 5910

021 592 4064

021 592 5433

021 592 6120

Prosecution Services Mr. Redlinghuys

Paarl SOCA George

021 872 3127

Mr. Manda Prins

Beaufort west

044 802 5822 044 873 2023 023 415 1787

021 872 9116 021 872 7648 044 802 5861 044 874 1108 023 414 4658

Bellville

021 948 4998

021 948 3921

Worcester

023 342 2325

023 347 5024

Prosecution Service Ms Dlamini

Steve Biko Road Khayelistha; 5th floor Wynberg Court

Prosecuting sexual offences

Magistrates court 1st avenue Mitchell’s Plain 9 -11 Parade Street, Cape Town Voortrekker Road Good Wood, 7459

Prosecuting sexual offences

Hoof straat Paarl

Prosecution of Sexual Offences

130 York street George

Prosecution of Sexual Offences

Church Street Beaufort West Cnr Voortrekker & Landros Street Bellville 14 Adderley street Worcester

Prosecution of Sexual Offences

14 Queen Victoria Street Union Building 6th Floor Cape Town

Main streaming children’s Rights within government departments

Prosecuting sexual offences

Prosecution of Sexual Offences Prosecution of Sexual Offences

Office on the Rights of the child Office On the Rights of the child

Derek Schroeder

021 483 4004

021 483 4783

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Children Support Services and Childrenâ&#x20AC;&#x2122;s Rights Organisations - Cape Town & surrounding areas Safeline

Liz Jones

021 696 0303

021 696 0308

First Wembley building Belgravia Road Athlone

Carol Bower Sam Waterhouse Lona

RAPCAN

021 7122330

021 712 2365

ACVV (Afrikaans Vroue Christelike Vereeninging)

021 462 1060

021 465 0401

DP Marais Centre, c/o Main and White road Retreat, 7945 61 Caledon Street Cape Town

Mrs Mckenzie

021 3924147

021 3924148

Corner of Simonsig & Boschendal way; Westridge; Mitchells Plain 7785

same as above

Ntombi Mcoyi

ACVV (Afrikaans Vroue Christelike Vereeninging) Ilitha Labantu

021 633 2383

021 638 2956

NY 22 â&#x20AC;&#x201C; 26 A Gugulethu 7750

Marina Genus

Childline Lifeline

021 461 1113

021 461 6400

Child Line Help Line Tutuzela Rape Care Centre

021 461 1113 0800 055 555 021 690 1011

56 Roeland street; Cape Town, 8000 NOT AVAILABLE

Counseling for victims of sexual violence; domestic violence and child abuse; family enrichment program; training of counselors; police training; public education; reintegration counseling to victims both adults and children; 24 hour counseling Counseling help line

021 461 4600 021 691 6190

Mandisa Ngonono

Allan Jackson

Eye on the Child Hanover Park

Child Welfare Society Gatesville

021 638 3127

Mrs. Rumble

6912084

Child sexual Abuse; counseling adult- child sexual abuse; court preparation; group therapy; 24 hour crisis line Lobby and Advocacy, training on child abuse; court preparation; referral service General social work; work with children under the age of 12; has powers to remove children; facilitate for support services; work with children in difficult circumstances

GF Jooste Hospital Mannenberg; 7767

Provide immediate support services to survivors of rape; facilitate for statement taking procedures at the hospital

021 638 5277

Lower Klipfontein road Gatesville

Child protection and safety; foster care and adoption; parenting and giving advice; training and residential care

6912821

7 Pine Close; Hanover Park

Referrals service with powers to remove children working in area of Hanover Park,

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Organisations: Southern Cape George Chantal Clark

Child Welfare Society

044 533 2257

044 5330662

Po box 442 plettenberg Bay

Beverley Cloete

BADISA

044 874 5013

60 Victoria street; George;

New Life

023 415 1964

Donkin Street Beaufort West

Nicro

023 415 3677

Cnr church & Donkin Street Beaufort West

BADISA

023 414 3568

023 414 4976

20 Brand Street Beaufort West

Child protection and safety; foster care and adoption; parenting and giving advice; training and residential care Child protection and safety; foster care and adoption; parenting and giving advice; training and residential care

Beaufort West Mev Strydom

Hannah Wildscut

provide support services counseling skills development to homeless children Provide support to victims of domestic and or sexual violence; also works with perpetrators of domestic violence; deals with young offenders through a diversion program Provides a counseling service to children; trauma debriefing; removal of children and placement of children

Government Departments - Department of Social Services Cape Town Sharon Kouta

021 483 5045

021 483 4783

14 Queen Victoria Street; Cape Town

Athlone Brenda Marshall Mitchellâ&#x20AC;&#x2122;s Plain Shanaaz Cloete

021696 8039/8

021 696 8072

Melofin Centre; Klipfontein Road; Athlone

021 370 4580

021 371 2189

Ward 18 & 19 Lentegeur Psychiatric Hospital Highlands Drive Lentegeur Mitchells Plain

Same as above

Langa Mrs. Malgas Gugulethu Ms M Nogoduka

021 694 1860

021 694 1863

Old Day hospital building Harlem Street Langa

Same as above

021 638 5151

021 638 5117

Cnr NY 2 & NY3 Gugulethu 7750

Same as above

Atlantis

021 577 1084

021 577 3209

C/ Neil & Thomas Street Industrial Area; Atlantis

Same as above

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

The Department is committed to social transformation, reduce poverty; care and protection of those in need Same as above

Mr Cesar Sauls Beaufort west Mr Pike Bellville Mr Q Arendse George Khayelitsha

Vredendal Worcester Wynberg Neville Dampies

023 414 3204

023 414 2128

117 Donkin street; Beaufort west 6970

Same as above

021 940 7100

021 948 3024

107 Voortrekker road Bellville

Same as above

044 874 2010 021 361 4970 021 364 1330

044 873 5422 021 364 1337

Same as above Same as above

027 213 2096 023 342 2400 021 710 9800

027 213 2142 023 347 5181 021 761 9998

Rentzberghof 42 Courtney Street; George 6530 Lingelethu Council Bonga Drive Site B Khayelitsha c/o Waterkant & Tuin Street Vredendal;7620 c/o Fairbain & Glaezer Streets Worcester 6850 c/ Maynard & Station road; Wynberg 7824

Same as above Same as above Same as above

Department of Labour Cape Town Thobile Lamati Ms Qamalta Vredendal Latvious Mhlinza Beaufort West Jeff Oosthuizen Ms R Van Rens BERG George Mr BC Bacela Worcester Mitchells Plain Mr K Adams Athlone Ms S Jacobs Bellville Mr A Juta Atlantis Mr M Mars

021 441 8019

021 441 8136

Thomas Boydell Building Parade Street Cape Town

027 213 2141

027 213 2945

Cnr Tuin & Dorp Street Vredendal; 8160

023 414 3427

021 414 3425

82 Bird Street Beaufort West 6970

044 801 1200

044 873 2568

Magisterial Office 130 York Street; George; 6530

023 374 3345 021 376 1774

021 347 0152 021 376 1775

PO BOX 227 Worcester; 6850 Morgenster shopping mall Mitchells plain

021 697 1233/4

021 697 5042

Shop 11; 1st Floor city Centre Building; Klipfontein road Athlone 7764

021 941 7000

021 941 7063

BSE building c/ 89 Voortekker road & Boston street Bellville; 7530

021 572 7018

021 572 7017

Old magistrate building c/ Grosvenor Avenue& Meteren Circle Avondale Atlantis; 7349

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Support services Felicia Cupido Daphne Jansen

The Mitchells Plain Network opposing Violence Against Women

021 376 2780

The Beaconvale Community Centre 2 Rambler Street, Beacon Valley; Mitchells Plain

One to one counseling for abused women, life skills training for learners

Caroline Davids

Western Cape Network on Violence Against Women

021 633 5287

021637 7051

Klipfontein Road, Opposite Nico Malan Nursing College, Avalon Building Mannenberg

Counseling for abused women and children and accommodation

Loretta Thomas

Kraaifontein Support Group Saartjie Baartman Shelter

021 988 5921

9889393

021 633 5287

021 637 9432

27 Verster Street, Kraaifontein 7570 PO Box 38401; Gatesville; 7766

Fatima Williams

Trauma Centre for survivors of violence and torture

021 465 7373

021 462 3143

Cowley House; 126 Chap Street Woodstock

Counseling, Psychological Support and safe homes Provides a service to victims of trafficking including counseling and other support services. Trauma counseling to individuals and groups; training and capacity building; workshop and courses in understanding violence and trauma Counseling: HIV/AIDS

Petula Chamberlain

National Institute for Crime Prevention and Reintegration of Offenders (NICRO) Western Cape Anti Crime Forum

021 422 1690

021 424 6879

4 Buite singel; Cape Town 8001

021 699 0913

021 699 1048 021 6381974

Sinov

Gaynor Wasser

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Trauma debriefing; counseling; legal assistance to women who are victims of domestic and sexual violence

Counseling referrals and intervention; training with police; dealing with victims of sexual and domestic violence

Shelters and Places of Safety Rose Cox Natasha Calvert

Saarrtjie Baartman Shelter

021 633 5287

021 637 9432

PO Box 38401; Gatesville; 7766

Margaret Strydom Tracy Livesey

Salvation Army Care Haven

021 638 5511

021 637 0226

Po Box 38186; Gatesville; 7766

Linda Fugard Jess Ollie

Sisters Incorporated

021 797 4190

PO Box 2330; Clarenheich; 7440

Elizabeth Petersen Nadine Stamboul Alice or Jenny

St Anne’s Hommes Place of Hope

021 448 6792

021 448 8518

021 697 2019

021 696 9366

PO Box 43363; Woodstock; 7195 PO Box 14598; Lansdowne; 7780

Pam Jackson

Ons Plek

Sandra Morreira

Homestead

021 4486529 021 465 4829 021 419 9763

021 448 3153 021 461 0530 021 419 2600

Marge Bellan

Inter outreach Ministries Shelter

021 447 1008

021 447 7320

Magrieta Ruiters

United Sanctuary Against Abuse City Mission

021 572 8662

12 Kent Crescent, Atlantis

021 691 9574

021 691 9598

2 Belmore Avenue; Hanover Park; 7764

Providing shelter to victims of domestic violence as well family counseling Provide a Sheltering Service to children in difficult circumstances from ages 12 – 18

Lorenzo Davids

4 Albertus Road Cape Town 150 Strand Street; Cape Town; 8001 22 Barrington road, Observatory

Provide a shelter service to victims of Trafficking; 24 Hour line; counseling; referrals and accommodation Provide a sheltering service to women and children of domestic violence; emergency intake program Provide a sheltering service to women and children of domestic violence; emergency intake program Stroller mom program; emergy shelter to victims of domestic violence Provide a counseling service and accommodation to women and children with problems Shelter for homeless girls; Counseling and support services Shelter for homeless girls; Counseling and support services Provide a sheltering service to victims of sexual exploitation; assisting with the reintegration with family

Shelters: Southern Cape; Breede River Valley Willem Rossouw

Die bult jeug sentrum

044 801 7620

044 801 7631

Private bag x 6529 George 6530

Counseling service; skills development rehabilitation

023 230 1031

023 230 1127

Po Box 17 Tulbagh; 6820

Provide accommodation to children in need of care and protection, counseling service; trauma debriefing; and life skills

Breede River Valley S Webb

Steinhal children’s Home

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Breederiver Valley Rhoda Papp

Victim empowerment Mcgregor

083 617 2351 023 625 1600

023 625 1689

26 Langstraat;

Provide a counseling and trauma

Prince Valley Womenâ&#x20AC;&#x2122;s Forum

023 414 2765

023

Prince Valley Beaufort West

Provide shelter for abused women and children

4th Floor Pearl House Adderley Street Heerengracht; Cape Town; 8001 6 suite Waverley Business Park; Dane Street; Mowbray; 7700

Litigate cases to advance women rights; lobbying and advocacy; court support

Beaufort West Baartman

Legal Support and other Services Michelle o Sullivan

Womenâ&#x20AC;&#x2122;s Legal Center

021421 1380

021 421 1386

Aids Legal Network

021 447 8435

021 447 9946

Jackie Gallinetti

Community Law Centre

021 959 2353

021 959 2411

Chantel Fortuin

Legal Resource Centre

021 423 8285

021 423 0935

023 414 2480

023 414 2470

Johanna Kehler Sandy Okkers

New social sciences building University of the Western Cape; Bellville

Lobbying and advocacy around issues surrounding HIV/AIDS; Human Rights including Capacity Building; has a Legal Advisor on board Research & advocacy and lobbying around human rights

Karroo: Beaufort West Vuyiswa Jantjies

Karoo Centre for Human Rights

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

82 Donkin Street Beaufort West

Lobbying and advocacy and socio economic rights Training and capacity building to advice offices around human rights; consumer issues and so on;

South African Police - Family violence & child protection and sexual offences unit Snr Sup Hermien van Zyl

Captain Swiegelaar

Goodwood

021 592 7092

021 592 7098

Investigate all sexual offences from all ages groups; deal with domestic violence if first reported assault general violence; missing children

Langa FCS Nyanga FCS Steenberg FCS Worcester Delft

021 467 6656 021 376 0303 021 799 1335 023 342 2496 021 918 3078

021 467 6630 021 376 3121 021 799 1345 023 348 6277 021 918 3532

Same as above Same as above Same as above Same as above Same as above

Police Stations Emergency Number: Station Western cape Athlone Woodstock Atlantis Bellville Cape Town Claremont Grassy Park Gugulethu

10 111 Telephone

Fax

Wynberg Sea Point Mitchells Plain

021697 9200 021 021572 1811 021 918 3000 021 467 8000 021 657 2240 021 700 3900 021 638 5101/ 021 637 5997 021 799 1300 021 430 3700 021 370 1600

021 696 9777 021 572 3956 021918 3084 021 467 8074 021 657 2296 021 706 5884 021 633 3193 021 637 0219 021 799 1370 021 439 8484 021 370 1630

Southern Cape Cornville Thembalethu Pacaltdorp Plettenberg

044 803 3300 044 880 2540 044 8780410 044 533 2100

044 803 3338 044 880 2350 044 878 0551 044 533 3472

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Karroo Beaufort West Merweville Murraysburg

023 414 2157 023 501 4005 049 844 0136/26

023 4144159 023 501 4079 049 844 0102

West Coast Vredendal Van Rhynsdorp Villiersdorp Vredenberg

027 201 3200 027 219 1001 028 840 1174 022 713 1310

027 213 3127 027 219 1637 028 840 1176 022 713 5612

National list Contact Person Joy Mehlomakulu

Organisation Department of Labour

Telephone 012 309 4120

Fax number 012 309 4709

Address Laboria House 215 Schoeman Street Pretoria

Dr Maria Mabetoa

Department Social Development

012 312 7546

012 312 7763

Private Bag x901 Pretoria

Deputy Min Malusi Gigaba

Department of Home Affairs

012 810 8911

012 392 1071/88

Department Of Justice

012 334 0720

012 334 0669

Modjaji Mokwela

Film & Publication

011 483 0971

011 483 1084

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Area of work The Department of Labour assumed formal overarching responsibility for child labour, at least in an employment context, when the Basic Conditions of Employment Act was adopted. This Act prohibits certain forms of work by children. The Department is committed to the agenda of social transformation that is embodied in the principle of social justice and the Bill of Rights contained in our Constitution. The Department endeavours to create a better life for the poor, vulnerable and excluded people in our society. The aim is to reduce poverty and to integrate children in need of care and protection in to the welfare system Deals with issues of immigration; refuguees; unaccompanied minors and migration related areas

Momentum Centre , 329 Pretorius Street (c/o Pretorius and Prinsloo Streets), PRETORIA 87 Central street

• Access to Justice for All • Enhancing Organisational Efficiency • Transforming Justice, State and Society The Films and Publications Act, 34 of 1999 and the 50

Board

Mabel Rantla & Khomotso Gabedi

Presidency: Office on the Rights of the Child

012 300 5500

Houghton Johannesburg

Films and Publications Amendment Act, 18 of 2004, establish the Film and Publications Board in terms of Act 65 of 1996 as amended. The objectives of this act are to (1) regulate the creation, production, possession and distribution of certain publications and certain films by means of classification, the imposition of age restrictions and the giving of consumer advice (2) make the exploitative use of children in pornographic publications, films or on the internet punishable.

086 683 5501

Union Building; Room 150 Government Avenue Pretoria; 0001

Overseeing protection and development of children across departments overseeing what dept child do around issues of children; mainstreaming advocacy monitoring &evaluated; capacity ; integrated policy implemented

Judiciary and Protection Services Adv Thoko Majoweni & Adv Nolwandle Qaba Secretariat for the National Task Team

National Prosecuting Authority

012 845 6149

012 843 2155

GVM building Hatley & Weawind; Silverton 0002

Under the directorship of the Department of justice. Heads up the SEXUAL AFFAIRS AND COMMUNITY AFFAIRS UNIT, the NPA â&#x20AC;&#x201C; SOCA unit acts as the secretariat for the national task team on Human Trafficking; this is also a unit that facilitates Policy making around sexual offences

Adv Louisa Stuurman

South African Law Reform Commission

084 583 7092 012 3929540/67

012 320 0936

12th floor Sanlam centre, Cnr Andries & Schoeman Street; Pretoria

The Commission is an advisory body whose aim is the renewal and improvement of the law of South Africa on a continuous basis. SALRC

Supt. Anneke Pienaar

Child Protection Head Office

012 393 2363

012 328 3546

South African Police Services Southern Life 4th Floor 239 Pretorius street; Pretoria 0001

Family violence; child abuse and sexual offences cases; facilitate for counseling and support for victims of child abuse and neglect

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

Non Governmental Organisations and International Organisations SITHABILE child & youth care

011 969 5938

011 9695938

Thabisile Msezane

P.O Box 21184 Dawn park Boksburg

Ray Nelson

UNODC

012 342 2424

012 342 2356

Jonathan Martin

International Organisation on Migration

012 342 2789/1961

012 342 0932

Regional office for Southern Africa â&#x20AC;&#x201C; 1059 Schoeman Street; 2nd floor Hatfield 0028 826 Government Avenue; Arcadia 0083

Eastern Cape Lesley Ann Foster

Masimanyane

043 743 9169

043 743 9176 0833252497

75 St Marks road; Southernwood; East London; 5201

Mpumanlanga Grace Mashaba

Amazing Grace

013 790 0423

Plot 7; Lenasia; Eikenhof; Kibler park 2052

Joan Van Niekerk

Child Line

011 948 8920 031 563 5718

013 790 1789 082 494 9709 011 948 8008 031 573 5718

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

123 Osborn Road Durban;

Provide counseling to child trafficking including support and assistance & facilitate for other services; Conducted research in Southern Africa around human trafficking; member of national task team management, counter human trafficking, rapid humanitarian assistance, facilitation of labor migration, resettlement assistance, demobilization, post-conflict return and reintegration programmes, research and policy development, migration health, mass information and education on migration, training and capacity building Lobbying & advocacy around issues of gender and violence; capacity building around human trafficking; provide a counselling service to victims of sexual and gender based violence(men & women) Lobbying & advocacy around human trafficking issues; capacity building through training of service providers Lobbying & Advocacy around child abuse and neglect; including sexual exploitation; research and development; providing service counseling and information and distribution.

Chapter 9 Institutions Rev Bafana Khumalo

Commission on Gender Equality

011 403 7182

011 403 7188

P.O.Box 72175 Braamfontein 0001

The Commission’s role is to advance gender equality in all spheres of society and make recommendations on any legislation affecting the status of women. The Commission aims to transform society by “exposing gender discrimination in laws, policies and practices; advocating changes in sexist attitudes and gender stereotypes; and instilling respect for women’s rights as human rights

Phethuvuyo Gagai Cameron Jacobs

South African Human Rights Commission

011 484 8300

011 484 7149

29 Princess of Wales Terrace Cnr York & St Andrews; Park Town Johannesburg

Independent Complaints Directorate Public Protector

012 320 0431

012 320 3116

Private Bag x 7419 Pretoria 0001

012 322 2916 0800 11 2040

012 322 5093

228 Visagie Street; Pretoria; 0001

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

The SAHRC is a national institution established to entrench constitutional democracy through the promotion and protection of human rights by: • Addressing human rights violations and seeking effective redress for such violations • Monitoring and assessing the observance of human rights • Educating and training on human rights Investigates with respect to offences and misconduct allegedly committed by members of the South African Police Services. Investigates complaints of abuse of power against public servants such as police or court officials