STATE OF READINESS REPORT: PREVENTION AND COMBATTING OF TRAFFICKING IN PERSONS BILL 27 October 2010

CONTENT Introduction National Instruction Training Annual report for Intersectoral Committee Particulars of accredited organisations and of provincial DSD officials Refer a child victim of trafficking Refer an adult victim of trafficking Registering a case of trafficking in persons Investigating a case of trafficking in persons

INTRODUCTION The South African Police Service supports the Trafficking in Persons Bill. The Bill consolidates existing legislation. The enactment of the Bill will strengthen measures aimed at combating trafficking in persons and facilitate compliance with our international obligations.

NATIONAL INSTRUCTION Directives in terms of existing legislation have been issued and implemented (eg National Instruction 3 of 2010 on the Care and Protection of Children in terms of the Children’s Act and National Instruction 3 of 2008 on Sexual Offences). In the process of consulting with stakeholders to develop a National Instruction on TIP that will address the matters set out in clause 36(1) of the Bill.

TRAINING ON THE TRAFFICKING IN PERSONS BILL Current training Training workshops are being held for police officials on existing legislation (especially front line officers at Ports of entry and Organized Crime) Training module on TIP forms part of Organized Crime Investigators Course Basic Training addresses existing legislation Training will be reviewed to support the implementation of the TIP Bill

PREPARE ANNUAL REPORT FOR INTERSECTORAL COMMITTEE Information on reported cases of trafficking in persons in terms of existing legislation is at present collected and analysed (for Crime intelligence purposes). Crime definitions in terms of the Bill will be incorporated in CAS, which will provide accurate information on TIP. Information on reported cases of trafficking in persons will be collected.

PARTICULARS OF ACCREDITED ORGANIZATIONS AND PROVINCIAL DSD OFFICIALS Particulars of accredited organisations and provincial DSD officials will be provided to all police stations and will be available at the Community Service Centre of each police station. These particulars will continuously be updated as changes thereto are provided to the Police.

REFERRAL OF A CHILD VICTIM Currently performed in terms of Chapter 18 of the Children’s Act, 2005. Referred to designated social worker in terms of National Instruction 3 of 2010: The Care and Protection of Children in terms of the Children’s Act. Procedure will remain the same in terms of the TIP.

REFERRAL OF AN ADULT VICTIM OF TRAFFICKING Currently there are no formal arrangements to deal with adult victims of trafficking A working relationship is currently being established with the relevant organisations and the DSD which will be incorporated in the National Instruction.

REGISTERING A CASE OF TRAFFICKING IN PERSONS Cases are currently being registered on CAS in terms of existing legislation. Crimes in terms of TIP will be added on the CAS. Case dockets are compiled and investigated in terms of existing directives. The collection of relevant information will be provided for in the National Instruction.

INVESTIGATION Dedicated Human Trafficking desk established within the DPCI to co-ordinate all TIP activities at National level. Dedicated provincial human trafficking coordinators and task teams established. FCS unit investigates the trafficking in children and sexual trafficking Operations to address suspected human trafficking at major brothels and hotspots are ongoing.

COSTING OF THE BILL Main cost drivers: Training R 10 mil Forms R 900 000 Transport R 50 000 Consultations with drafters ongoing (may have an effect on costing) Consultations with consultants ongoing

CHALLENGES Crime definitions can only be placed on CAS once the Bill is enacted. “Referral” of adult victims of trafficking to accredited organizations. Powers of police officials when providing “assistance” to provincial DSD officials. Review of existing training material will take time