Human trafficking constitutes a gross violation of human rights

Despite adequate laws to address the dimensions of Trafficking in Person (TIP) in South Africa, sex buyers continue to exploit women and children with impunity.

Several adult websites, some advertised on public roadways, are repeatedly implicated in ongoing and successful sex trafficking prosecutions, yet none have been prosecuted.

This is according to Dr Marcell van der Watt, Research Fellow in the Free State Centre for Human Rights (FSCHR) at the University of the Free State (UFS), who was part of a large study on the scope and nature of human trafficking in South Africa. The report from the study, conducted by the US Agency for International Development (USAID) in collaboration with research partners, including Dr Van der Watt, was released this month as South Africa observes Human Rights Month.

The comprehensive multi-year, multi-sectoral, and multidisciplinary Trafficking in Person (TIP) study’s recommendations will help to ensure that South African’s rights are upheld and safeguarded. The evidence of the comprehensive study will elevate data into a more prominent role in public-policy debates and bolster South African institutional capacity to participate in and lead this process through partnership with US institutions and engagement with the Government of South Africa (GOSA).

Findings paint a concerning picture

According to Dr Van der Watt, the goal of the report titled: Research into the nature and scope of trafficking in persons in South Africa: Prevalence insights from the criminal justice system and relevant reporting mechanisms, is to educate policymakers in government, as well as developing and implementing partners, service providers, and others about the scope and nature of trafficking in persons in South Africa.

“The findings from the research confirm that sex trafficking continues to make up most of both reported cases and prosecutions of TIP, while labour trafficking prosecutions, like trends observed internationally, are severely lacking. Extreme violence is meted out by traffickers, while places, where exploitation occurs, are embedded in communities and operate for protracted periods without any meaningful law enforcement intervention. The prominence of consumer‐level demand for commercial sex was evident in potentially thousands of sex buyers who “used the services” of adult and child victims of sex trafficking”, says Dr Van der Watt. 

He added that the findings are but just some of those that paint a concerning picture, especially considering the proposed Bill by the South African government that will make brothels, brothel-keeping, pimping, and sex buying legal in the country. The question we need to ask is: How will this play out in neighbourhoods and communities across the country? And how will this decision affect the issue of GenderBased Violence (GBV) the safety of women and children, and the problem of human trafficking in the country?

Findings and recommendations

The study’s findings show that sex trafficking continues to account for most TIP prosecutions and reported cases, whereas labour trafficking prosecutions are severely inadequate, in line with global trends.

The following recommendations were presented to the Government of South Africa:

• Establishing an integrated information system to support effective monitoring and implementation of the PACOTIP Act and providing evidence on TIP prevalence, as specified in Section 41(1) (b).

• Employ Section 7 of the PACOTIP Act and Sections 11 and 17 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 as legislative tools to reduce the demand that encourages trafficking in persons for sexual exploitation.

• Implement and abide by South African Police Service National Instruction 4 of 2015 to the letter, which is concerned with data integrity, the use of detectives in police stations, and the recording of TIP and associated information on the SAPS crime administration system.

• In addition to financial investigations, asset forfeiture, and a counter-corruption strategy, establish a specialised capacity for proactive, intelligence-led, and court-driven investigations.

• In research and policy discussions about prostitution and pornography, GBV, child abuse, labour violations, and irregular migration, give priority to the legally binding TIP definition and “abuse of vulnerability” as defined in the PACOTIP Act to accurately identify and prevent the undercounting of TIP cases among these phenomena.

• Recognise the National Human Trafficking Hotline as an additional official South African reporting system that accepts TIP reports.

About the Free State Centre for Human Rights (FSCHR)

The FSCHR is an institution that focuses on the connection between human rights and transformation through its critical, interdisciplinary, and contextually involved research, advocacy, and legal practice. Research, advocacy, and litigation at the Centre concentrate on issues in the UFS, Bloemfontein, the Free State province, and Lesotho.

Human Rights and Impoverishment, Human Rights and Democracy, and Human Rights and Identities are the three main areas of research for the FSCHR. Courses offered by the Centre include the Interdisciplinary Masters of Human Rights, a Master’s Degree by Full Dissertation (LLM), and a doctoral programme in Human Rights, including a Doctor of Laws (LLD) and Doctor of Philosophy (PhD). 

The Centre is primarily a research institution for academia, although it also engages in contextual work. In addition to its Research and Postgraduate Divisions, the Centre has a Legal Services Division that works as a Free State-focused public interest litigation unit in collaboration with the UFS Law Clinic and an Advocacy Division that advocates for transformation-related human rights at the UFS.

On the campuses of UFS and more broadly in the Free State Province, Lesotho, and all of South Africa, the Advocacy Division fosters transformation by advocating for and educating about human rights. The FSCHR’s Legal Services Division is a strategic litigation unit for human rights that represents clients in court on their behalf or as amicus curiae to advance social justice, human rights, and transformation. 

The Division focuses on issues that arise in the Free State province regarding evictions, socioeconomic issues, service delivery issues, accountability in municipal and provincial governance, and corruption. The South African Human Rights Commission, Free State province, and the UFS Law Clinic cooperate with the Division’s operations.