OVERVIEW OF THE PREVENTION AND COMBATING OF TRAFFICKING IN PERSONS BILL [B ] 31 August 2010

A HUMAN RIGHTS VIOLATION Rights violations S10 - Human dignity (respected & protected) S28 (1) (d) – Protected from maltreatment, neglect, abuse or degradation S28 (1)(f) Work/services – inappropriate, place child at risk Treaty Compliance United Nations Convention on the Rights of the Child (UNCRC) African Charter on the Rights and Welfare of the Child (ACRWC) United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (also known as the Palermo Protocol)

OVERVIEW OF TRAFFICKING Causes Poverty Violence against women and children Concealment of incest and rape Armed conflict Natural disasters Impact of AIDS pandemic on children who are AIDS orphans Types Sexual exploitation Labour exploitation Slavery, practices similar to servitude Adoption Removal of body parts

Worldwide Child Sex Tourism Global Sex Tourism Destinations

CHALLENGES & GAPS Skewed emphasis on cross-border trafficking & trafficking for purposes of sexual exploitation Absence of costing No housing/shelter provision Support services for victims require strengthening – particularly access to health care Child and age of majority Department for Women, Children and Persons with Disabilities – absent as key role player Unclear – lead Department Interpretation services Training norms and standards – absence, timeframes Info systems – problematic Ukuthwala Prostitution

CHAPTER 1 Definitions Trafficking Skewed emphasis on sexual exploitation Expand on forced labour Body parts Objects Poor follow through on protection of victim in Bill Intersectoral Committee – draft national policy framework

CHAPTER 2 Public awareness Role of NGO’s and their involvement – where appropriate “within available resources”

CHAPTER 3 Penalties Require strengthening Disjuncture between length of sentence and payment Minimum sentence requirements – “significance of role”, clause 11 (a) Life threatening

CHAPTER 4 Reporting and referral of children Compulsory reporting Resource implications Training of officials “24 hours”, “reasonable grounds” Immediate removal of child – clause 12 (4) Safety and urgency not reflected for children as for adult victims No link to Section 150 of Children’s Act (No. 38 of 2005) Unclear certificate process for children Child who reaches age of majority – not catered for

CHAPTER 4 Reporting and referral of adult victim Accredited organisation – process, implications, criteria unclear Certification – who? Stigma “may” vs must provide Guarantee for funding of NGO Provision of health care services Require strengthening – medical assessments, treatment, pregnancy, HIV, STDs Drug rehabilitation Link to VEP – Thuthuzela care centres Protection missing from Chapter 4 Shelter & housing – child alone, child with adult, adults

CHAPTER 5 Recovery and reflection 90 days too little Certificate & asylum status – must be linked Temporary residence Implications for children “humanitarian grounds”

CHAPTER 6 Safe houses and victims Lack of funding for shelters Protection Children alone or with family

CHAPTER 7 Compensation Implications for children alone or with family Court “may” vs must

REPEAL OF LEGISLATION Children’s Act (No. 38 of 2005) – Chapter 18 Sexual Offences and Related Matters Act (No. 32 of 2007)

Sexual Offences and Related Matters Amendment Act (No. 32 of 2007) Makes/organises any travel arrangements For or on behalf of a 3rd person (resident within or outside RSA) Intention of facilitating commission of any sexual act with child irrespective of whether act is committed or not, OR Prints/Publishes, in any manner, any information that is intended to promote or facilitate conduct that would constitute a sexual act with child Guilty of offence of promoting child sex tours Child Sex Tourism and 2010 Chapter 7: General provisions (Definition) Supply, recruitment, procurement, capture, removal, transportation, transfer, harbouring, sale, disposal or receiving of a person, within or across the borders of the Republic, by means of — Threat of harm; the threat or use of force, intimidation or other forms of coercion; abduction; fraud; deception or false pretences; the abuse of power or of a position of vulnerability, or the giving or receiving of payments or benefits, Purpose of exploitation, grooming or abuse of a sexual nature of such person whether committed in or outside the borders of the Republic. Trafficking for Sexual Purposes, Involvement in, Commercial Carriers

Children’s Act (No. 38 of 2005) Chapter 18: Trafficking in children Section Purposes of chapter, UN protocol, International co-operation, prohibition, behavior facilitating trafficking, assistance to child who is victim of trafficking, Reporting, Child who is a victim found in the Republic, Repatriation, Extra-territorial jurisdiction