54
Fransic, 2017). Du Plessis and Collins (2010) argue that structures such as task teams are incompetent and complicated due to the lack of anti-trafficking legislation, the lack of a clear mandate, and the controversial and questionable ability of National Prosecuting Authority (NPA) to function at a provincial and lower level. An analysis of this system suggests that this legislation focuses on trafficking for sexual exploitation in ignorance of other forms such as human trafficking for labour exploitation.
2.12 Efforts by the Southern African Development Community Regions in Responding
55
Table 2.3: SADC countries that are signatories to the United Nations Convention against Transnational Organised Crime and Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (signature and reification)
Source: SADC Secretariat (2016)
Table 2.3 presents data on the SADC countries that signed and/or ratified an international instrument against human trafficking, clearly illustrating that all these countries have signed this protocol. However, evidence has shown that the problem of human trafficking is escalating regardless of the decision by countries in the SADC region to sign the protocol against human trafficking.
2.12.1 Joint SADC legislation against human trafficking8
Attempts by SADC states to counteract human trafficking involve the establishment of legislation. A particular focus is to safeguard women and children in these countries. A joint effort by SADC countries to criminalise human trafficking is the 10-year SADC Strategic Plan of Action on Combating Trafficking in Persons, especially women and children (2009-2019).
This legislation emphasises eight main areas in legislative and policy measures.
8 SADC legislation that is part of the discussion comprises a selection of the relevant enacted laws.
56
Hitherto, 13 SADC countries have enacted legislation to counteract human trafficking. By 2016, two member states were still in the process of establishing such legislation, namely the Democratic Republic of Congo (DRC) and Zambia (refer to Table 2.4) (SADC Secretariat, 2016). Although the SADC regions had implemented legislation, most countries still have to establish regulations to guide these laws (SADC Secretariat, 2016). However, the fact that SADC states have implemented legislation pertaining to human trafficking demonstrates that the region is endeavouring to suppress this crime in the region.
Table 2.4: International and national legal frameworks on human trafficking in the Southern African Development Community Member States
Source: SADC Secretariat (2016)
57
Table 2.4 above illustrates the legislation signed and ratified by the SADC States. Most of these countries by now should have been able to identify victims, prosecuted and convicted the traffickers in bulk, however, little is known with regards to the success of the SADC in prosecuting and convicting traffickers.
2.12.1.1 Training for skills enhancement and capacity building
It is acknowledged that, in responding to human trafficking, role-players need the necessary knowledge and skills to combat this crime efficiently. The legislation thus makes provision for the necessary training of relevant structures, and this includes reviewing existing resources and better equipping law enforcement officers, among others (SADC Secretariat, 2016). The criticality of this legislation is that training should be provided by to appropriate structures such as IMO, the Southern African Police Chiefs’ Cooperation Organisation (SARPCCO), UNODC, and USA embassies in partnership with the SADC Secretariat (SADC Secretariat, 2016). This study argues that one of the weapons that are critical in successfully suppressing human trafficking is by equipping all stakeholders responding to human trafficking, particularly, in busy places such as DPA.
2.12.1.2 Prevention and raising public awareness
There is a dire need for the public to receive education on human trafficking. It is assumed that if society can engage in awareness programmes against human trafficking, they will obtain in- depth knowledge about the problem. Ordinary citizens will thus be equipped to avoid or protect their children against human trafficking. In this regard, social media is seen as one of the most powerful sources that could be utilised to disseminate human trafficking awareness information. Awareness campaigns play a massive part in educating people about ways to prevent trafficking and to identify threatening situations. Strengthening the attempts of awareness programmes could improve people’s awareness and increase their level of cautiousness (SADC Secretariat, 2016).
2.12.1.3 Victim support and witness protection
It is enshrined in this legislation that victims of human trafficking should be safeguarded against re-victimisation and that witnesses should be protected against the threat of human trafficking syndicates who might retaliate and take revenge if their victims have been rescued.
58
Support structures such as counselling and assisting victimised individuals to reintegrate into their communities are core in these endeavours (SADC Secretariat, 2016).
2.12.1.4 Coordination and Regional Cooperation
The integration of regions and their collaboration in counteracting human trafficking play a vital role in ensuring positive responses to cross-broader crimes such as human trafficking (SADC Secretariat, 2016). According to this legislation, the complexity of the nature of this crime requires a joint effort that will comprise attempts to investigate, prosecute and initiate campaigns against this crime collaboratively. Legislation should thus recognise the importance of platforms such as the Joint Permanent Commissions on Defence and Security as they provide opportunities for inter-state coordination. Working together could trace perpetrators and ensure that human trafficking is identifiable through the efforts of all the countries that experience this threat (SADC Secretariat, 2016).
2.12.1.5 Research and information sharing
Knowledge sharing among SADC states will facilitate the development of effective legislation to counteract traffickers’ ability to develop and employ new trafficking strategies continually.
It is therefore critical to study the developing trends in human trafficking (SADC Secretariat, 2016). This knowledge should be spread across the region to lessen the task of reducing the rate of this crime. Criminals develop new modus operandi (MO), and the region should stay strong and ready to face their onslaught by creating a strong platform for the sharing of information (SADC Secretariat, 2016).
2.12.1.6 Resource mobilisation
There is a dire need for the development and utilisation of resources and to address current inadequacies in this regard (SADC Secretariat, 2016). The legislation is thus of paramount importance to prepare countries in this region to combat the scourge of human trafficking effectively. The national budget should be sensitive to this issue and promoting the availability of funds to rehabilitate and reintegrate survivors and to ensure sufficient resources. The study argues that joint budgeting could be a solution and could ensure the committed involvement of all the countries in the region if they contribute funds towards this endeavour (SADC Secretariat, 2016).
59 2.12.1.7 Monitoring and evaluation
This element insists that continual joint reflection is required if SADC states are committed to curtailing human trafficking. Monitoring, evaluating and reporting on the development and progress of programmes is cardinal, and an exchange of ideas should occur regularly to ensure that the lessons learnt from past experiences are shared among the law enforcement unit of the states. To this end, reflection and monitoring are important because they provide a platform for continuous learning. This study thus argues that if projects are accurately monitored, human trafficking could be successfully hampered (SADC Secretariat, 2016).
However, in all these endeavours it should be noted that legislation mostly ignores men as potential and actual victims of human trafficking. It appears that the assumptions that drive legislation are generally derived from international instruments such as the United Nations Protocol to supplement the 2000 Convention against Transnational Organised Crime (known as the Palermo Protocol) and the Victims of Trafficking and Violence Protection Act of 2000.
The study by Kiss, Pocock, Naisanguansri, Suos, Dickson, Thuy and Borland (2015) that was conducted in Cambodia, Thailand, and Vietnam suggests that men are highly vulnerable as they fall prey to trafficking for labour in industries and the fishing sector in countries such as Indonesia and China. This shows the importance of including the trafficking of males legislative frameworks.
The review of related legislation revealed that the policing of human trafficking by the SAPS and NGOs is mainly ineffective as insufficient resources and ineffective strategies in response to this crime are not yielding positive results. This was demonstrated by the exposure of a limited legislative platform for NGOs to aid the SAPS in their task. It is thus contended that the legislative framework should be augmented to create a stronger platform from which the SAPS and NGOs could be equipped with adequate knowledge, skills, resources and information to assist them in responding effectively to human trafficking in the DPA.