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CONTENTS 1. 2. 3. 4.
About Molo Songololo About UNODC Introduction What is “Trafficking in Persons”? 4.1 Trafficking in Persons and the Trafficking Process 4.2 Examples of Trafficking in Persons 5. Victims of trafficking 5.1 Why do victims remain in a trafficking situation? 6. Health Risks for Trafficked Victims 6.1 Trafficking and HIV/AIDS 7. A Global Understanding of Trafficking in Persons 8. The Palermo Protocol 9. The South African definition of trafficking in persons 7.1 The SALRC Definition on Trafficking in Persons 7.2 The South African Definition on Trafficking in children 7.3 Constitutional Provisions 10. Other relevant South African legal provisions 10.1 Child Care Act 10.2 Sexual Offences Act 10.3 Refugee Act 10.4 Films and Publications Act 10.5 Basic Conditions of Employment Act 11.Interviewing a victim of trafficking in persons 11.1 Steps in the interviewing process 11.2 Guidelines for interviewing 11.3 Possible questions 11.4 Interviewing child victims 11.5 Responsibilities of service providers in protecting child victims 11.6 The South African Victims Charter 12. Key features of the Palermo Protocol 12.1 Part I: Purpose, Scope and Criminalization (Art. 1-5) 12.2 Part II: Protection of Trafficked Persons (Art. 6-8) 12.3 Part III: Prevention, Cooperation and other measures (Art. 9-13) Addendum 1: Addendum 2:
Palermo Protocol Contact List
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1. About Molo Songololo Molo Songololo is a value-based organisation that brings about social transformation concerning the rights, needs and protection of children. Our primary functions are advocacy and lobbying for the rights of children and education about these rights. The organisation was established in 1979, during the International Year of the Child. Molo Songololo has been involved in a number of National and International initiatives to inform, advocate for and to educate about the rights of children. Since 2000, the organisation has included the trafficking and the sexual exploitation of children as components of its work to give voice to vulnerable and those children at risk. The ethos of Molo Songololo is underpinned by the importance of including children as active participants and agents in all aspects of our work. This is especially so in the creation of spaces for children to articulate their concerns and to offer solutions to their problems. Thus Molo Songololo strives to create platforms through lobbying and advocacy on behalf of children using children’s voices to express their concerns and aspirations.
Programmes and activities are focussed around the following focal areas: Child rights and responsibility education for children between the ages of 12 to 18 Child participation in the law reform and policy processes Advocacy for the rights and protection of children in difficult circumstances (child trafficking; child sexual exploitation, child labour Capacitating service providers around trafficking in persons, especially children Rescue, exit, healing and recovery support for child victims of trafficking and children who have been sexually exploited Research and data collection and dissemination Public awareness and social mobilisation
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2. About UNODC The United Nations Office on Drugs and Crime (UNODC) is a global leader in the fight against illicit drugs and international crime. Established in 1997, UNODC has approximately 500 staff members worldwide. The UNODC Regional Office for Southern Africa covers 11 countries: Angola, Botswana, D R 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 addressing Trafficking and Smuggling. UNODC assists Member States upon request in the ratification and implementation of these international instruments.
Current anti-trafficking projects In addition to this 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). This 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. Furthermore, activities in this project include assessment of national legislative frameworks and trafficking trends. Together, these two regional projects will enhance the capacity of the countries in the Southern African region in becoming parties to and implementing the Trafficking Protocol.
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3. Introduction Trafficking in persons has become an international phenomenon that confronts service providers in government and non-government agencies in nearly every country. It is a highly complex phenomenon and there are no easy answers. Today, there is an international commitment to combat trafficking in persons and the exploitation of people that accompanies it. This commitment is expressed not only in terms of criminal law enforcement but also in terms of human and child rights concerns. 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. For law enforcement agencies in some countries it is only a domestic issue, which affects their own citizens within their own country. For many countries however it crosses borders as well as regions. Trafficking in persons occurs internally in South Africa from city to city, from rural to urban areas as well as across its borders. This trafficking occurs primarily for domestic work 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 at combating trafficking in persons. This resource guide has been developed to assist service providers and the general public with knowledge and information that will help in attempts to combat trafficking in persons.
The purpose of this resource guide is to: Highlight the nature and complexity of trafficking in persons Provide service providers with information that will allow them to facilitate for support services to victims of trafficking Assist service providers in asking the right questions Provide an overview of existing South African legislation in relation to trafficking in persons that can be used to provide protection for victims Enable service providers to act with confidence, empathy and decisiveness This resource guide will generally refer to “trafficked persons” as “victims of trafficking”. However, individuals who are trafficked may also 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”.
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4. What is “Trafficking in Persons”? 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. All over the world children, women and men are trafficked into a variety of exploitative situations, in domestic and international economies. Some human rights bodies and police agencies regard the trafficking industry as one of the “fastest growing and most lucrative enterprises in the world” and it is considered to be “the third largest source of profits for organised crime, behind only drugs and guns.” Criminal syndicates and networks are largely responsible for trafficking in persons. These criminal networks often also engage in other criminal activities, such as money laundering, drug trafficking and the trafficking of counterfeit consumables such as electronic equipment. The trafficking of consumables has led to the perception that these criminal networks view the people they traffic as just another commodity that can be trapped into exploitative and abusive situations to be used, traded, sold and rented for the benefit of traffickers and others in the trafficking chain. 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 traffickers and is in fact the destination of choice for some traffickers. Trafficking in persons is often described in terms of the supply (push) and demand (pull) factors that lead children and adults to leave or be removed from one place to another for the purpose of exploitation. Both supply and demand factors are generally seen as things in society that make people vulnerable to trafficking in persons. The supply factors are usually seen as: Poverty Family–break-up Violence Lack of job opportunities Low levels of education Family pressure Peer pressure Gender discrimination where girls and women are discriminated against For some people, a powerful push factor is the belief that there are better prospects in another place. This belief is sometimes stimulated by false promises and stories from the traffickers. Also, it is supported by the mass marketing and consumerism that is pervading societies globally and reaches from big cities into small rural villages.
4.1 Trafficking in Persons and the Trafficking Process Trafficking in persons is not always easy to understand or to identify. It consists of a series of acts. Some of these acts might not even be illegal under different circumstances. In short, it is the physical relocation of a person through an act of deception or force for the purpose of abuse and/or exploitation. The combination of relocation/movement and the purpose of 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 TIP Resource Document Molo Songololo and UNODC
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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”. Various role-players may be involved in a trafficking operation. The chain of people can include recruiters, agents, transporters, intermediaries, counterfeiters, employers, pimps, brothel owners and in some instances friends and family members of the victim of trafficking.
4.2 Examples of trafficking in persons 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; that they will earn a specific amount of money every month and that he or she is prepared to assist the group of young women in getting to the city and to the place of employment. The agent then provides their 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 there transport, the cost of their accommodation and food while they are at the agency. This money 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 workers and they are also guarded so that they cannot leave the premises of the domestic worker agency.
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 this recording over the Internet. 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.
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Example 4: A young man is living in a 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 however he 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 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 can be seen from the above examples, methods of recruitment vary according to: The demand for services or labour. The type of trafficker or trafficking operation involved. Networks or individuals working in less organised situations may approach potential victims informally, like the agent in Example 1. In such situations the recruiter may appear as a legitimate source of information and can present an opportunity to a vulnerable adult/child of a better life. The agent or recruiter may in fact be a friend of the family or someone known as a community leader or a businessperson. In summary to the aforementioned points: o Trafficking in persons is not restricted to sexual exploitation. o It focuses on conditions of forced labour, servitude, and slavery like practices, each which are defined in international law. o It does not focus on women and girls only, but recognises that women, men, girls and boys can all be victims. o It does not require that a victim crosses an internationally recognised border, taking into account that persons are also being trafficked internally from one region to another within the borders of one country.
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5. Victims of trafficking 5.1 Why do victims remain in a trafficking situation? The main aim of traffickers is to earn money / receive services through the continuous exploitation of their victims. This requires them to protect 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 his/her victim. S/He 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 the victim’s family 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 you can provide them the best care and help them begin the process of restoring their lives. Some important considerations can be: Many trafficking victims do not speak English, Afrikaans or isiXhosa. These promises and dreams 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 deported or sent home. Confidentiality is vital for victims of trafficking. Many victims do not self-identify as victims.
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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 daily. 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 Fear or depression Some foreign victims are unlikely to speak any of the official languages of South Africa Victims may be from provinces other than the Western Cape Lack of identification in the form of an 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 making sure that any 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 towards victims and/or families of victims The threat of shaming victims by exposing circumstances to family Telling victims they will be imprisoned or deported for immigration violations if they contact authorities 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 often they cannot communicate effectively with service providers and they fear that harm will be done to them if they expose people in the trafficking chain.
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6. Health Risks for Trafficked Victims The act of trafficking and the associate human rights violations can have very serious consequences for the victim. Some of these serious injuries can cause lasting health problems and may require long-term treatment. Because trafficked persons 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. Health issues are typically not treated in their early stages, but tend to fester until they become critical, even life-endangering situations.
6.1 Trafficking and HIV/AIDS Trafficking in women and girls is progressively being linked to the spread of HIV/AIDS. This link has important consequences for individual and public health. Forced into commercial sex work, women who are trafficked are at high risk for contracting sexually transmitted diseases, which increase the risk for contracting HIV. Also, they are often subject to violent or dangerous sex practices that allow the virus to enter the body more easily. Finally, trafficking is contributing to new strains of the virus that are resistant to treatment. The nature of trafficking causes women to have sex against their will and leaves them vulnerable to conditions where the virus can be easily spread. Health issues for 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 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, confusion, Feelings of helplessness, shame, humiliation, shock, denial or disbelief, Cultural shock from finding themselves in a strange country or with employers from a culture different to theirs.
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7. A Global understanding of Trafficking in Persons The term “trafficking” was used as early as by the end of the 19th Century. 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 Traffic was adopted. Nevertheless, whilst trafficking in persons have been in existence for a considerable time it is only since 2000 that we have a comprehensive legal definition of what constitute “trafficking in persons”. Non-governmental organisations and government agencies across the world have been concerned with the phenomenon of trafficking in persons for a number of years. However, there are different interpretations of what it is and how it should be defined. This resulted into a lack of a uniform understanding and definition which have in many instances created difficulties for these agencies, especially as trafficking in persons has sometimes been confused with smuggling of migrants, or even with prostitution. Fortunately, this problem has now been resolved through the adoption of a United Nations Protocol. The definition on trafficking in persons is provided in the United Nations’ Supplementary Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime. This protocol is commonly known as the Palermo Protocol. The UN Convention also has a Supplementary Protocol to Prevent, Suppress and Punish the Smuggling of Migrants by Land, Sea or Air. 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.
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8. The Palermo Protocol The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, was adopted in December 2000 in Palermo, Italy. It represents a direct attempt at comprehensively defining trafficking in persons in international law. It was designed as a tool for combating cross border trafficking through judicial and law enforcement means. It supplements the UN Convention Against Transnational Organised Crime. South Africa signed and ratified the UN Convention and the Palermo Protocol in February 2004. Since then it has begun a legislative process that will culminate into anti-trafficking legislation. Article 3 of the Palermo Protocol provides a working definition for trafficking in persons. This definition reads as follows: 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 eighteen years of age.
The Palermo Protocol then also provides us with indicators for what acts constitute the crime of “trafficking in persons”. Even though trafficking has a long history, it is now accepted that it covers three elements, which are: o Recruitment, transportation, transferring, harbouring or receipt of a person o Means of threat, use of force, coercion, abduction, fraud, deception etc o Purpose or act of exploitation, including sexual exploitation, forced labour, slavery and slavery like practices 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. 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.
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 of persons.
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9. The South African Definition of Trafficking in Persons 9.1
South African Law Reform Commission - Definition of trafficking in persons
Introduction Since the South African government’s ratification of the 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 Anti-Trafficking legislation. The South African Law Reform Commission (SALRC), established by the South African Law Commission Act, 1973 (Act 19 of 1973) published an Issue Paper in 2004 and circulated it widely for public comment. From there a Discussion Paper detailing the comments was compiled. This Discussion Paper contains preliminary recommendations and draft legislation, which is also available for public comment. Provincial workshops were conducted in the recent past. The outcomes of the consultations will form the basis of the report stage after which the SALRC will produce a Discussion Paper containing final recommendations and the final draft legislation, which will be submitted to the Minster of Justice who may then introduce it to Parliament. We include the definition of trafficking as it is defined in the Draft Legislation. “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 authourity 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; “UN protocol to prevent, suppress and punish trafficking in persons” means the United Nations Protocol To Prevent, Suppress And Punish Trafficking In Persons, Especially Women And Children, Supplementing The United Nations Convention Against Transnational Organised Crime, 2000. “victim of trafficking” means any person who is a victim of the offence of trafficking in persons Source: Discussion Paper 111; Project 103 Trafficking in persons, SALRC, 2006
9.2
The South African Definition of trafficking in children: The Children’s Act: No. 38 of 2005
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The Children’s Act no 38 of 2005 addresses certain aspects related to trafficking in children. This 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 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, (b) Includes the adoption of a child facilitated or secured through illegal means;
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9.3
Constitutional Provisions
Introduction 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 child protection. According to this provision: Every child has the right: (1a) to a name and a nationality from birth; (1b) to appropriate alternative care when removed from the family environment; (1c) to basic nutrition, shelter, basic health care services and social services; (1d) to be protected from maltreatment, neglect, abuse or degradation; (1e) to 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; (ii) treated in a manner, and kept in conditions, that take account of the child's age; (1 h) to 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 (1 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.” Source: Children’s Act: No. 38 of 2005
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10. Other relevant South African legal provisions Whilst South Africa currently does not have legislation that specifically prohibits trafficking in persons, 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 Children's Act No.38 of 2005 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 specifically 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 offences related to trafficking in children.
10.1 Child Care Act 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 also states 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.”
Hence, 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 that of 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
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sex industry who facilitate children’s sexual exploitation as well as benefit from it such as those in pornography.
10.2 Sexual Offences Act 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 under eighteen years of age, who: 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.
10.3 Refugee Act: 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.
A situation where a 'found' child has been subjected to exploitation and has been brought into South Africa through activities related to trafficking, would indicate that such a child is 'a child in need of care'. This means, that a child in these circumstances should be able, with the assistance of the Children's Court, 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, or revenge from the traffickers) are 'unwilling to return' to their country of origin.
10.4 Films and Publications Act 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
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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'.
10.5 Basic Conditions of Employment Act 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 further states 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) prohibits the employment of a child if such employment conditions places at risk the child's well being, education, and physical or mental health, or spiritual, moral or social development. Section 48 of this Act prohibits forced labour and highlights that “no person may for his or her own benefit or for the benefit of someone else, cause, demand or impose forced labour.� These sections can be applied for the protection of child victims of trafficking. 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 for the purpose of children's exploitation should automatically be regarded as 'forced labour' and therefore be prosecutable under this provision. The most important of these with regard to trafficking is the UN Protocol on Trafficking in Persons also known as the Palermo Protocol.
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11. 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. 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. Provide the person interviewed with all the relevant information that will enable them to get the necessary support and assistance. If the victim is a child, enlist the help of a social services specialist who is skilled in interviewing child victims.
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11.1 Steps in the interviewing process 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. Step 1 Opening the interview The intention is to establish a situation in which the potential victim is safe enough to express 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 s/he 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 for assistance 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 Source: Protocol for Identification and Assistance to Trafficked persons and Training Kit: Anti Slavery International 2005
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11.2 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 children. In the section below we have included this for your information. 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.
Adapted from: World Health Organisation Ethical and Safety Recommendations for Interviewing Trafficked Women, 2003 Source: WHO - world health organisation Ethical and safety recommendations for interviewing trafficked women, 2003
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11.3
Possible questions
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:
- Can you leave your job or situation if you want? - Can you come and go as you please? - Have you been threatened if you try to leave? - Have you been physically harmed in any way? - What are your working or living conditions like? - Where do you sleep and eat? - Do you sleep in a bed, on a cot or on the floor? - Have you ever been deprived of food, water, sleep or medical care? - Do you have to ask permission to eat, sleep or go to the bathroom? - Are there locks on your doors and windows so you cannot get out? - Has anyone threatened your family? - Where are your identification or documentation? - Is anyone forcing you to do anything that you do not want to do?
Source: Anti Slavery – todays fight for tomorrows freedom: Protocol for identification and assistance to trafficked persons, ‘n training kit – Anti Slavery International 2005
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11.4 Interviewing child victims Trafficked children are often exposed to a number of risk factors (malnutrition, maltreatment including sexual exploitation, exposure to violence, trauma, abandonment, lack of supervision, confinement, persecution, etc.) that warrant immediate intervention by child protection/social welfare authorities in an integrated multidisciplinary response, featuring a joint (law enforcement/child welfare) interview with the child. The express consent of the trafficked child and his/ 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 inquire whether any person or agency has already conducted prior interviews. Double questioning should be avoided and information obtained in one interview should be made available (as appropriate and if applicable) to other responsible actors who need this information with due regard to principles of privacy and confidentiality.
11.5 Responsibilities of service providers in protecting child victims of trafficking Provide (potential) victims with a safe place to stay Provision of support services (e.g. counselling, legal advice, schooling) Identify (potential) victims according to agreed profiles or receive referrals from other agencies who have identified a victim Undertake initial interviews, including joint interviews with the local police to assess risk, harm and create child protection plans Provide advice about who to contact concerning a foreign child victim’s immigration status Assist in the identification of possible traffickers masquerading as relatives or care-givers Ensure contact with police and provision of information to the police Locate relatives in country or other place of origin, and verification of what would be in the best interests of the child Ensure that NGO or other support is available if they are returned to their country or place of origin Provide support and build up a relationship to encourage the child not to leave 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 three ways: Arranging medical treatment Addressing social behaviour and the child’s ability to interact with other people and society at large Providing ongoing education or vocational education
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11.6 The South African Victims Charter
Introduction 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). THE RIGHTS OF A VICTIM OF CRIME If you have been a victim of crime the following rights, as contained in the Constitution and relevant legislation, will be upheld in your contact with the criminal justice system: 1. The right to be treated with fairness and with respect for dignity and privacy; 2. The right to offer information; 3. The right to receive information; 4. The right to protection; 5. The right to assistance; 6. The right to compensation; 7. The right to restitution.
COMPLAINTS Victims have the right to complain, in such a case, contact the particular government department or service provider if there are any complaints with regard to the service the victim is receiving, or if the victim’s rights are not being observed. If you are not satisfied with the way in which the complaint is handled, you can also contact organisations such as: a. The Office of the Public Protector b. The South African Human Rights Commission c. The Commission on Gender Equality d. The Independent Complaints Directorate e. Metropolitan Police Offices f. The Health Professions Council of South Africa g. A lawyer of your own choice and at your own expense
For more detailed information relating to any aspect of the Victims’ Charter, please refer to the Minimum Standards on Services for Victims of Crime. This document is available at the offices of role-playing government departments. Source: The Gender Directorate in the Department of Justice and Constitutional Development developed the Service Charter for Victims of Crime in South Africa, in co-operation with the Departments of Social Development, Correctional Services, Education, and Health, as well as with the National Prosecuting Authority, the South African Police Service, the South African Law Reform Commission, the South African Human Rights Commission, the Office of the Public Protector, the Independent Complaints Directorate, members of the Magistrates and Judicial Service Commissions and members of Tshwane. Metro Police.
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12. International Provisions Introduction 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. The most important of these with regard to Trafficking is the UN Protocol on Trafficking in persons, also known as the Palermo Protocol
12.1 Key features of the Palermo Protocol Defines trafficking as a crime against the person, marked by the intent to deceive and to exploit a person’s 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, and to protect, assist, return and reintegrate victims of trafficking in persons, and also to penalise trafficking and related conduct Calls for international cooperation to prevent and combat trafficking in persons 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:
12.2 Part I: Purpose, Scope and Criminalization (Articles 1-5) Articles 1 and 2 set out the basic purpose and scope 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 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 persons criminal offences, if such laws are not already in place (Art.3).
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12.3 Part II: Protection of Trafficked Persons (Articles 6-8) In addition to taking action against traffickers, the Protocol requires ratifying States to take some steps to protect and assist victims of trafficking in persons, such as:
Victims of trafficking in persons should be entitled to confidentiality and have some protection against offenders, in general, and specifically when they provide evidence or assistance to law enforcement or appear as witnesses in prosecutions or similar proceedings Some social benefits, such as housing, medical care and legal or other counselling should be provided for 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 Generally, developed 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 States agreed to accept responsibility to facilitate for the repatriation of their own nationals
12.4 Part III: 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]
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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.
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 TIP Resource Document Molo Songololo and UNODC
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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 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.
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 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.
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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.
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.
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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 nongovernmental 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.
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.
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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.
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 non-refoulement 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 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 TIP Resource Document Molo Songololo and UNODC
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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 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 Secretary-General 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.
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Contact Patric Solomons Pamela Sillolo
Organization Molo Songololo
Telephone 021 7625420
Contact list Western Cape Fax Address 021 762 5431 3 Braeside Road Kenilworth 7700
Charmaine Smith
Molo Songololo Atlantis office
021 572 6595
021 572 6595
021 572 6523
Leonie Caroline
Black Sash
021 461 5607
021 4615918
24 Barrack Street; 4th floor; Burleigh House; Cape Town
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
Wynberg centre; F12; 123 Main Rd; Wynberg 7700 P.O Box 461 Bergvliet 7864
021 638 5520/1
021 637 4423
Rab Buidling; Klipfontein Road; Athlone 7764
Micelle Human Doreen Meisner Julayga Alfred Sufia Bray 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
021 372 7500
021 371 1149
25 Vergelen Way Westridge; Mitchell’s Plain 7798
TIP Resource Document Molo Songololo and UNODC
Areas of work 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 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 Working with issues of child labour including and child trafficking for domestic purposes; lobbying and advocacy around services; shelter and so on. SWEAT works with adult sex workers around health and human rights. Lobbying and advocate for the decriminalisation of adult sex work in South Africa. SWEAT targets adult sex workers through life and work skills training, training service providers, advocacy and lobbying and ongoing research. Working with parents of missing children; trying to locate missing children provide support and counselling to the parents and siblings
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Lydia Futter Nde Ndifonke
IOM International Organisation on Migration
021 425 4038
021 419 5725
80 Strand Street, Cape Town
South African Counter Trafficking Programme, training for law enforcement, information campaign and victim assistance
Nolitha Mzwai Meaka Biggs Judith Cohen
Rape Crisis
021 4471467
021 447 5458
23 Trill Road, Observatory
South African Human Rights Commission
021 426 2277
021 426 2875
Provide support and counselling to victims of sexual violence Dealing with all aspects of Human rights and Chapter 2 of the Bill Of Rights.
Khayelitsha SOCA Wynberg SOCA Mitchells plain SOCA Cape Town SOCA Goodwood SOCA
021 360 1435
021 360 1413
Steve Biko Road Khayelistha;
Prosecuting sexual offences
021 799 5962
021 761 4518
5th floor Wynberg Court
Prosecuting sexual offences
021 370 4200
021 371 3063
Prosecuting sexual offences
021 461 5910
021 592 4064
021 592 5433
021 592 6120
Magistrates court 1st avenue Mitchell’s Plain 9 -11 Parade Street, Cape Town Voortrekker Road Good Wood, 7459
021 872 3127
Prosecution of Sexual Offences
130 York street George
Prosecution of Sexual Offences
Mr. Manda Prins
Beaufort west
044 802 5822 044 873 2023 023 415 1787
Bellville
021 948 4998
021 872 9116 021 872 7648 044 802 5861 044 874 1108 023 414 4658 021 948 3921
Hoof straat Paarl
Mr. Redlinghuys
Paarl SOCA George
Prosecution of Sexual Offences Prosecution of Sexual Offences
Worcester
023 342 2325
023 347 5024
Church Street Beaufort West Cnr Voortrekker & Landros Street Bellville 14 Adderley street Worcester
Prosecution Services Mr Vusi Mahlangu Deidre Rossouw Janet Kellerman
Prosecution Service Ms Dlamini
Prosecution Services
TIP Resource Document Molo Songololo and UNODC
Prosecution of Sexual Offences Prosecution of Sexual Offences
Prosecution of Sexual Offences
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Office on the Rights of the child Office On the Rights of the child
Derek Schroeder
021 483 4004
021 483 4783
14 Queen Victoria Street Union Building 6th Floor Cape Town
Main streaming children’s Rights within government departments
Children Support Services and Children’s Rights organisations Cape Town and surrounding areas Safeline
Liz Jones
021 696 0303
021 696 0308
Sam Waterhouse
RAPCAN
021 7122330
021 712 2365
Lona
ACVV (Afrikaans Vroue Christelike Vereeninging)
021 462 1060
021 465 0401
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 – 26 A Gugulethu 7750
Counseling for victims of sexual violence; domestic violence and child abuse; family enrichment program; training of counselors; police training; public education; reintegration
Marina Genus
Childline Lifeline
021 461 1113
021 461 6400
Child Line Help Line
021 461 1113 0800 055 555
56 Roeland street; Cape Town, 8000 NOT AVAILABLE
counseling to victims both adults and children; 24 hour counseling Counseling help line
021 461 4600
Mandisa Ngonono
Tutuzela Rape Care Centre
021 690 1011
021 691 6190
GF Jooste Hospital Mannenberg; 7767
Provide immediate support services to survivors of rape; facilitate for statement taking procedures at the hospital
Allan Jackson
Child Welfare Society Gatesville
021 638 5277
Lower Klipfontein road Gatesville
Child protection and safety; foster care and adoption; parenting and giving advice; training and residential care
021 638 3127
TIP Resource Document Molo Songololo and UNODC
First Wembley building Belgravia Road Athlone
Child sexual Abuse; counseling adult- child sexual abuse; court preparation; group therapy; 24 hour crisis line DP Marais Centre, c/o Main Lobby and Advocacy, training on and White road Retreat, 7945 child abuse; court preparation; referral service 61 Caledon Street Cape Town 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
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Eye on the Child Hanover Park
Mrs. Rumble
6912084
6912821
7 Pine Close; Hanover Park
Referrals service with powers to remove children working in area of Hanover Park,
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
044 874 5013
60 Victoria street; George;
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
New Life
023 415 1964
023 415 1964
Donkin Street Beaufort West
Nicro
023 415 3677
023 415 3677
Cnr church & Donkin Street Beaufort West
BADISA
023 414 3568
023 414 4976
20 Brand Street Beaufort West
021 483 5045
021 483 4783
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
Dept Social Services
TIP Resource Document Molo Songololo and UNODC
14 Queen Victoria Street; Cape Town
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
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protection in to the welfare system
Athlone Brenda Marshall
Dept Social Services
021696 8039/8
021 696 8072
Melofin Centre; Klipfontein Road; Athlone
Same as above
Mitchell’s Plain Shanaaz Cloete
Dept Social Services
021 370 4580
021 371 2189
Same as above
Langa Mrs. Malgas
Dept Social Services
021 694 1860
021 694 1863
Ward 18 & 19 Lentegeur Psychiatric Hospital Highlands Drive Lentegeur Mitchells Plain Old Day hospital building Harlem Street Langa
Gugulethu Ms M Nogoduka
Dept Social Services
021 638 5151
021 638 5117
Cnr NY 2 & NY3 Gugulethu 7750
Same as above
Atlantis Mr Cesar Sauls
Dept Social Services
021 577 1084
021 577 3209
C/ Neil & Thomas Street Industrial Area; Atlantis
Same as above
Beaufort west Mr Pike
Dept Social Services
023 414 3204
023 414 2128
117 Donkin street; Beaufort west 6970
Same as above
Bellville Mr Q Arendse
Dept Social Services
021 940 7100
021 948 3024
107 Voortrekker road Bellville
Same as above
George
Dept Social Services
044 874 2010
044 873 5422
Rentzberghof 42 Courtney Street; George 6530
Same as above
Khayelitsha
Dept Social Services
021 361 4970 021 364 1330
021 364 1337
Same as above
Vredendal
Dept Social Services Dept Social Services
027 213 2096
027 213 2142
023 342 2400
023 347 5181
Lingelethu Council Bonga Drive Site B Khayelitsha c/o Waterkant & Tuin Street Vredendal;7620 C/o Fairbain & Glaezer Streets Worcester 6850
Worcester
TIP Resource Document Molo Songololo and UNODC
Same as above
Same as above Same as above
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Wynberg Neville Dampies
Dept Social Services
021 710 9800
021 761 9998
c/ Maynard & Station road; Wynberg 7824
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
Support services Felicia Cupido Daphne Jansen
The Mitchells Plain Network opposing Violence Against Women
021 376 2780
TIP Resource Document Molo Songololo and UNODC
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
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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
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
Salvation Army
021 638 5511
021 637 0226
Po Box 38186; Gatesville; 7766
TIP Resource Document Molo Songololo and UNODC
Provide a shelter service to victims of Trafficking; 24 Hour line; counseling; referrals and accommodation Provide a sheltering service to women and
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Tracy Livesey
Care Haven
Linda Fugard Jess Ollie
Sisters Incorporated
021 797 4190
021 797 4190
PO Box 2330; Clarenheich; 7440
Elizabeth Petersen Nadine Stamboul Alice or Jenny
St Anne’s Hommes
021 448 6792
021 448 8518
Place of Hope
021 697 2019
021 696 9366
PO Box 43363; Woodstock; 7195 PO Box 14598; Lansdowne; 7780
Pam Jackson
Ons Plek
021 4486529 021 465 4829
021 448 3153 021 461 0530
4 Albertus Road Cape Town
Sandra Morreira
Homestead
021 419 9763
021 419 2600
150 Strand Street; Cape Town; 8001
Marge Bellan
Inter outreach Ministries Shelter
021 447 1008
021 447 7320
22 Barrington road, Observatory
Magrieta Ruiters
United Sanctuary Against Abuse
021 572 8662
021 572 8662
12 Kent Crescent, Atlantis
Providing shelter to victims of domestic violence as well family counseling
Lorenzo Davids
City Mission
021 691 9574
021 691 9598
2 Belmore Avenue; Hanover Park; 7764
Provide a Sheltering Service to children in difficult circumstances from ages 12 – 18
044 801 7631
Private bag x 6529 George 6530
Counseling service; skills development rehabilitation
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
Shelters: Southern Cape; Breede River Valley Southern cape Willem Rossouw Die bult jeug 044 801 7620 sentrum Breede river Valley S Webb Steinhal 023 230 1031 children’s Home
TIP Resource Document Molo Songololo and UNODC
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
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Breederiver Valley Rhoda Papp Victim empowerment Mcgregor Beaufort West
083 617 2351 023 625 1600
023 625 1689
26 Langstraat;
Provide a counseling and trauma
023 414 2765
023
Prince Valley Beaufort West
Provide shelter for abused women and children
Women’s Legal Center
021421 1380
021 421 1386
Litigate cases to advance women rights; lobbying and advocacy; court support
Aids Legal Network
021 447 8435
021 447 9946
4 th Floor Pearl House Adderley Street Heerengracht; Cape Town; 8001 6 suite Waverley Business Park; Dane Street; Mowbray; 7700
Jackie Gallinetti
Community Law Centre
021 959 2353
021 959 2411
New social sciences building University of the Western Cape; Bellville
Research & advocacy and lobbying around human rights
Chantel Fortuin
Legal Resource Centre
021 423 8285
021 423 0935
023 414 2480
023 414 2470
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;
I Baartman
Prince Valley Women’s Forum
Legal Support and other Services Michelle o Sullivan
Johanna Kehler Sandy Okkers
Karroo: Beaufort West Karoo Centre for Vuyiswa Jantjies Human Rights
Lobbying and advocacy around issues surrounding HIV/AIDS; Human Rights including Capacity Building; has a Legal Advisor on board
South African Police and Child Protection Services Family violence & child protection and sexual offences unit
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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
10 111 Telephone
Fax
Western cape Athlone Woodstock Atlantis Bellville Cape Town Claremont Grassy Park Gugulethu
021697 9200 021 021572 1811 021 918 3000 021 467 8000 021 657 2240 021 700 3900 021 638 5101/ 021 637 5997
021 696 9777 021 572 3956 021918 3084 021 467 8074 021 657 2296 021 706 5884 021 633 3193 021 637 0219
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Wynberg Sea Point Mitchells Plain
021 799 1300 021 430 3700 021 370 1600
021 799 1370 021 439 8484 021 370 1630
Southern Cape Cornville Thembalethu Pacaltdorp
044 803 3300 044 880 2540 044 8780410
044 803 3338 044 880 2350 044 878 0551
044 533 2100
044 533 3472
Plettenberg Karroo
023 414 2157
023 4144159
Beaufort West Merweville Murraysburg
023 501 4005 049 844 0136/26
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 Joy Mehlomakulu
Organization 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
TIP Resource Document Molo Songololo and 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
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Deputy Min Malusi Gigaba
Department of Home Affairs
012 810 8911
012 392 1071/88
Deals with issues of immigration; refuguees; unaccompanied minors and migration related areas
Department Of Justice
012 334 0720
012 334 0669
Momentum Centre , 329 Pretorius Street (c/o Pretorius and Prinsloo Streets), PRETORIA
Modjaji Mokwela
Film & Publication Board
011 483 0971
011 483 1084
87 Central street Houghton Johannesburg
The Films and Publications Act, 34 of 1999 and the 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.
Mabel Rantla & Khomotso Gabedi
Presidency: Office on the Rights of the Child
012 300 5500
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
National Prosecuting Authority
012 845 6149
012 843 2155
GVM building Hatley & Weawind; Silverton 0002
South African Law Reform Commission
084 583 7092 012 3929540/67
012 320 0936
12th floor Sanlam centre, Cnr Andries & Schoeman Street; Pretoria
• • •
Access to Justice for All Enhancing Organisational Efficiency Transforming Justice, State and Society
Judiciary and Protection Services Adv Thoko Majoweni & Adv Nolwandle Qaba
Secretariat for the National Task Team Adv Louisa Stuurman
Under the directorship of the Department of justice. Heads up the SEXUAL AFFAIRS AND COMMUNITY AFFAIRS UNIT, the NPA – 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 The SALRC aims to do research with reference to all branches of the law of the Republic and to study and investigate all such branches in order to make recommendations for the development, improvement, modernisation or reform thereof; In short, the Commission is an advisory body whose aim is the renewal and improvement of the law of
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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
P.O Box 21184 Dawn park Boksburg Regional office for Southern Africa – 1059 Schoeman Street; 2nd floor Hatfield 0028 826 Government Avenue; Arcadia 0083
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
Non Governmental Organisations and International Organisations Thabisile Msezane Ray Nelson
SITHABILE child & youth care UNODC
011 969 5938
011 9695938
012 342 2424
012 342 2356
Jonathan Martin
International Organisation on Migration
012 342 2789/1961
012 342 0932
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
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
123 Osborn Road Durban;
Lobbying & Advocacy around child abuse and neglect; including sexual exploitation; research and development; providing service counseling and information and distribution.
011 403 7182
011 403 7188
P.O.Box 72175 Braamfontein
The Commission’s role is to advance gender equality in all spheres of society and make recommendations on
Chapter 9 Institutions Rev Bafana Khumalo
Commission on Gender Equality
TIP Resource Document Molo Songololo and UNODC
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0001
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
TIP Resource Document Molo Songololo and 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
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