South African anti-trafficking legislation: A critique of control over women's freedom of movement and sexuality

Abstract

abstract The South African Law Reform Commission (SALRC) recently released a Discussion Paper and a Proposed Bill on Trafficking in Persons, which the public is currently commenting on. The Cape Town-based Sex Worker Education and Advocacy Taskforce (SWEAT) is against human trafficking into the sex work industry and has adopted a protocol some time back that outlines the steps the organisation must take if staff members encounter situations of human trafficking. We believe that the tone of the Discussion Paper on Trafficking and Proposed Bill, as it stands, will impact negatively on sex workers, will not be of the utmost assistance to victims of human trafficking and that, more broadly, it is an attempt to control women's freedom of movement and sexuality. This perspective will discuss the SALRC anti-trafficking documents from a gender perspective, the role of the United States State Department and the abolition of sex work movement in current anti-trafficking global trends. It will discuss the likely impact on victims of trafficking if such legislation is enacted and the practical implications for women's freedom of movement and sexuality.