The Impact of the Lomé Charter on Combating Trafficking in Persons at Sea: A South African Legal Perspective

Abstract

A major maritime problem on the African continent is the widespread proliferation of threats to maritime security, including trafficking in persons (‘TIP’) at sea. The relevant South African legislationis the Prevention and Combating of Trafficking in Persons Act 7 of 2013. South Africa and other states on the continent have taken several steps to address this scourge; despite those steps, TIP continues. For that reason, and to address many other maritime security threats in Africa, member states of the African Union adopted in 2016 the African Charter on Maritime Security and Safety and Development in Africa (‘the Lomé Charter’), which has yet to come into force. This article analyses the relevant pre-existing international instruments, the TIP provisions of the Lomé Charter and the South African legislation. The South African legislative provisions are then compared with the relevant provisions of the Lomé Charter to establish whether any legal steps are required to ensure that South Africa complies with its TIP-related obligations under the Lomé Charter should South Africa decide to ratify the Lomé Charter and should the Lomé Charter come into force. The legal steps required are that South Africa must, among others, adopt policies that guarantee the availability of resources, either from public funds or by forging public-private partnerships, to invest in equipment, operations and training to combat TIP at sea. In addition, South Africa should join other state parties in adopting guidelines and modalities to assist them in fulfilling their obligations in the Lomé Charter.