Human Trafficking In South Africa Research Articles

Effective Response to Human Trafficking in South Africa: Law as a Toothless Bulldog

Humanitarian concerns owing to the dreadfulness and impact of human trafficking prompted several stakeholders under the umbrella of the United Nations (UN) to approve legal measures to criminalize this menace. Several states that are parties to the UN anti-trafficking protocols and conventions have domesticated some of the provisions of these regulations by enacting comprehensive laws that criminalize the various components of human trafficking. Unfortunately, this approach has not brought about any significant reduction in the crime. This article adopted a qualitative approach and drew from the findings of a broader doctoral study. It evaluates the efficacy of current South African anti-trafficking legislation in the fight against human trafficking in the country. Findings indicate, among others, that anti-trafficking legislation is at best a stop-gap strategy in combating the crime, and not all-encompassing. It concludes that an effective response to human trafficking transcends the enactment of laws. Moreover, laws do not thrive in a vacuum, but rely on a range of factors, particularly the political will to address the underlying causes of a crime, and effective law enforcement capacity.

CORRUPTION AS A FACILITATOR OF HUMAN TRAFFICKING IN SOUTH AFRICA: THE PHENOMENA, CHALLENGES AND EFFECTIVE RESPONSE

Human trafficking and corruption are closely linked criminal activities, whose interrelation is frequently referred to in international fora. Yet, the correlation between the two phenomena, and the actual impact of corruption on human trafficking, are generally neglected in the development and implementation of anti-human trafficking policies and measures. This article attempts to explore and analysis corruption as a facilitator of human trafficking in South Africa. This research was carried out utilising a qualitative approach. Forty interviews were carried out among officials deployed in the Directorate for Priority Crime Investigation (DPCI), the South African Police Service (SAPS), the Department of Home Affairs (DHA), the Department of Social Development (DSD), the Gauteng Provincial Office, as well as with the victims regarding their views and experiences on the law enforcement challenges and effective response to corruption and human trafficking. The interviews were analysed according to the phenomenographic approach to identify the participants’ responses. The key findings indicated that corruption is a common facilitator of human trafficking, the victims are being abducted and kidnapped from the safe houses. The government departments involved in combating human trafficking are the ones facilitating it through corruption. Recommendations are systems and procedures within at-risk sectors for corruption should be tailored to increase transparency, fairness, and accountability, Anonymous reporting mechanisms should be in place for officials to raise concerns or report offers of bribes or use of undue influence by other officials.

Trends, Precipitating Factors and Control of Human Trafficking in South Africa and Zimbabwe

This paper explores the scourge of human trafficking in South Africa and Zimbabwe- two neighboring Southern African nations. Data for this study were obtained from research articles, documents and online articles on trafficking in persons. The paper highlights the trends, push/pull factors, the control, as well as the obstacles to effective control of human trafficking within the two countries. The paper reveals that South Africa is characterized by pull factors, largely due to its position as the economic powerhouse of Southern Africa. Conversely, human trafficking in Zimbabwe is mainly spurred by push factors emanating from acute socio-economic problems. Despite significant efforts in the control of trafficking in persons through legislation and enforcement, loopholes in the trafficking in persons legislation within the two nations, as well as persistent economic challenges in Zimbabwe, are impeding the effective control of human trafficking.

CHALLENGES OF SOCIAL WORKERS PROVIDING SOCIAL SERVICES TO ADULT VICTIMS OF HUMAN TRAFFICKING IN SELECT SHELTERS IN SOUTH AFRICA

Human trafficking is a global multi-million dollar industry which capitalises on the trade in human beings. It inflicts degrading experiences on its victims, hence its characterisation as modern-day slavery. This research aimed to investigate social service provision to adult victims of human trafficking in South Africa. A qualitative approach was used; data were collected using individual interviews and analysed using thematic analysis. The findings indicate that social workers faced challenges such as delays in court cases, complicated trauma, security issues and mistrust – all impacting on service delivery.

Response to Human Trafficking in South Africa: Beyond the Criminal Justice System

This article evaluates the efforts of the South African criminal justice system in combating human trafficking. The phenomenon of human trafficking has been a resonating issue of concern to the South African State. Several women, children, and to a lesser degree men have been entrapped in the web of exploitation produced via trafficking, in the country. Steps have been taken by the State to combat the scourge by enlisting human trafficking among crimes that require an effective criminal justice response, including the enactment of an anti-trafficking law for it to be combated. But then, instead of diminishing, the menace is still on the rise. From the findings of a broader doctoral study on ‘examining human trafficking and the response of the South African criminal justice system’, using mixed-method approach, it was discovered (amongst others) that the South African criminal justice system cannot effectively combat human trafficking in the country. Specifically, the study found that the triggering factors that engendered the vulnerability and eventual exploitation of people through trafficking fall outside the scope of the justice system. Findings also indicated a strong linkage between failure of social institutions and a rise in human trafficking in the country. The study further make recommendations for an enduring approach.

Sex Work, Migration, and Human Trafficking in South Africa: From polarised arguments to potential partnerships

In South Africa, the conflation of sex work with human trafficking means that migrant/mobile sex workers are often framed as victims of trafficking while arguments for the decriminalisation of sex work are discounted due to claims about the risks of increased trafficking. This is despite the lack of clear evidence that trafficking, including in the sex industry, is a widespread problem. Sex worker organisations have called for an evidence-based approach whereby migration, sex work, and trafficking are distinguished and the debate moves beyond the polarised divisions over sex work. This paper takes up this argument by drawing on research with sex workers and a sex worker organisation in South Africa, as well as reflections shared at two Sex Workers’ Anti-trafficking Research Symposiums. In so doing, the authors propose the further development of a Sex Work, Exploitation, and Migration/Mobility Model that takes into consideration the complexities of the quotidian experiences of migration and selling sex. This, we suggest, could enable a more effective and productive partnership between sex worker organisations and other stakeholder groups, including anti-trafficking and labour rights organisations, trade unions, and others to protect the rights and well-being of all those involved in sex work.

Long-term criminal justice response to human trafficking in south africa: an impossible mission

ABSTRACTThis article explores the propriety of long-term efforts of the South African criminal justice system in combating human trafficking. Though a crime of global dimension, human trafficking has been a reverberating issue of concern to the South African State. Steps have been taken by the State to address this menace, especially from the legal standpoint, and the enlistment of human trafficking among crimes that require an effective criminal justice approach to deal with; yet, the menace has persisted. From a broader doctoral study, using qualitative method, it was discovered (amongst others) that as currently structured, the South African criminal justice system cannot effect a long-term combating strategies against human trafficking. Findings also indicate that the solution to the precipitating factors that fuel the trade in human commodity lies outside the scope and mandate of the criminal justice system. The study further recommends that for an effective response, it is expedient for the State to first address the socio-economic, cultural and political nuances that fuel the trade, rather than mount impracticable pressure on its criminal justice institutions to perform an unrealistic task.

The role of the military in combating human trafficking: A South African perspective

Human trafficking is a complex and diverse crime affecting both individuals and countries across the world. As a significant facet of transnational organised crime and one of the most lucrative criminal enterprises globally, human trafficking was ranked in 2015 as the second most profitable crime around the world, making it the fastest-growing source of revenue for organised criminal operations internationally. In 2015 South Africa implemented comprehensive anti-trafficking legislation. Before such legislation was enacted, the South African government also ratified several international and regional human-rights instruments in terms of which specific duties are imposed upon the state to effectively combat and punish the crime including the protection of the rights of victims. The focus of this article is the desired role of the military in combating human trafficking in South Africa. In 2004, the North Atlantic Treaty Organisation adopted a Policy on Combating Trafficking in Human Beings of 2004. The policy sets out various strategies for ensuring regional co-operation in combating human trafficking. It is suggested that the South African National Defence Force takes the initiative in formulating a similar policy in order to effect better co-operation amongst nation states in Africa, especially in the southern region of Africa, to combat human trafficking. In order to meaningfully address the role of the Defence Force in the fight against human trafficking and to develop evidence-based strategies and policies, regional coordination in combating trafficking is paramount. This article will examine current legislation, instruments and strategies as regards human trafficking in order to make further recommendations for counter-trafficking policy standards and best practices for the South African National Defence Force.

The enforcement of anti-human trafficking law in South Africa: a case of an aircraft without a pilot

This article evaluates the effectiveness of current law enforcement efforts in combating human trafficking in South Africa. Based on a broader empirical doctoral study, it was discovered that as currently structured, the South African Police Service (SAPS) cannot be effective in the enforcement of anti-trafficking law in the country. Combating human trafficking among other things, requires a formidable law enforcement agency that is explicitly proficient in the modus operandi of the crime; the sophisticated cum dynamic nature of the forces and factors that fuel the illicit trade in a vacillating milieu. Unfortunately, academic writings on this observable position in South Africa are scanty. Therefore, an article of this nature is not just timely but urgent. Findings from the study (among others) revealed that a wide-gap exist in the capacity of the SAPS, and other relevant stakeholders, to enforce anti-trafficking law in the country. Hence, it was recommended that for a result-oriented approach, South Africa needs to establish a specialised law enforcement agency distinct from the regular police structure to enforce anti-trafficking law in the country.

Counter-trafficking governance in South Africa: an analysis of the role of the KwaZulu-Natal human trafficking, prostitution, pornography and brothels task team

ABSTRACTDetermining the efficacy of available counter-trafficking strategies is just as important as understanding the phenomenon of human trafficking itself. This is so if anti-trafficking practitioners wish to make in-roads in preventing and combating human trafficking in South Africa. At the heart of the matter are the ways in which counter-trafficking governance is structured in the South African context. In this article we use the KwaZulu-Natal intersectoral task team, an un-resourced agency of provincial government mandated to prevent and combat human trafficking, as a case study to analyse the ‘4P model’ of counter-trafficking favoured in South Africa. We find that while such an integrated model has great potential, issues of institutional cooperation and coordination, pervasive public official corruption and budgetary constraints hamper its current impact and efficacy. We conclude that these issues must be addressed by South African policy-makers once legislation has been promulgated.

COMMUNITY POLICING AS A MECHANISM IN COMBATING HUMAN TRAFFICKING IN SOUTH AFRICA: GETTING THE PRIORITIES RIGHT

This article evaluates the current community-policing initiative in response to human trafficking in South Africa. Though community policing is evident in policing operations in the country, in recent times it has practically lost its face value and somehow has become unconvincing, particularly in response to human trafficking. Despite its global construction, human trafficking has been a resonating problem in South Africa. Its impacts have generated a myriad concerns, most of which revolve around the ineffectiveness of current policing tactics in combating its scourge. Profoundly, human trafficking often flourishes where there are gaps in social control especially due to asymmetric relationships between the police and the public in a dynamic milieu. This article is drawn from an analysis of a broader doctoral study on examining human trafficking and the response of the South African criminal justice system, and it utilises the mixed methods approach. Findings from this study suggest that for an effective or result-oriented approach, current community-based counter-trafficking strategies in South Africa need to be reviewed to embrace and reflect the true ideals of community policing initiatives.

Of Nigerians, albinos, satanists and anecdotes: A critical review of the HSRC report on human trafficking

The deluge of news articles about human trafficking in South Africa, and the media preoccupation with trafficking in the run-up to the 2010 FIFA World Cup, could lead an observer to believe that South Africa is a 'hotbed' of human trafficking. Yet, there are no baseline data about the extent or nature of the problem. The Human Sciences Research Council (HSRC) released a research report in March this year that purports to provide 'the first comprehensive assessment of human trafficking in South Africa.' The report is beset with methodological problems and assumptions. It is based on very little original research. The authors of this review argue that it represents a missed opportunity to provide much needed information about human trafficking in South Africa and fuels sensationalism about human trafficking.