Presidency at the official launch of the Tsireledzani Conference: Towards an
Integrated Human Trafficking National Action Plan, at the Southern Sun,
Elangeni in Durban
25 March 2009
Programme Director
Minister Mr Enver Surty,
Executive Mayor Mr Obed Mlaba
European Union Commission Ambassador to South Africa, Mr Lodewijk Briet
Conference Chairperson and Programme Manager in the Department of Justice and
Constitutional Development, Advocate Joyce Maluleke
Conference Organiser and Special Director in the National Prosecuting
Authority, Advocate Thoko Majokweni
Chief Co-ordinator for the Human Trafficking Programme in the National
Prosecuting Authority, Ms Nolwandle Xaba
Department of Home Affairs Inspectorate, Mr Modiri Matthews
Representatives from all Government Departments and the Civil Society
Experts, Researchers, Policy Makers
Members of the media
It is a great pleasure for me to be part of this occasion to formulate an
integrated human trafficking national action plan, and to officially unveil the
Tsireledzani logo, to fight violations of human rights. It is phenomenal that
this is happening within a week of us celebrating Human Rights Day on Saturday,
21 March 2009. I would like to thank the National Prosecution Authority (NPA)
for organising this important three-day meeting.
South Africa is a signatory to the United Nations Convention against
Transnational Organised Crime, as well as its Protocol to Prevent, Suppress and
Punish Trafficking in Persons, especially women and children. The process of
translating South Africa's international commitments into national legislation
is at an advance stage.
As part of the global economy we need to cherish opportunities like these
where we are able as a country in its diversity to come together and share
informed views about where to take the country and within that decisively
contemplate our best foot forward. We then need to hold hands and ensure that
we move forward together using the correct compass and keep checking the radar
to see if we are using the course we have chosen to reach our agreed
destination at the anticipated time.
The conference is being held here in Durban because the province was
identified by the Western Cape-based children's organisation Molo Songololo as
one of the notorious entry, transit and destination points in the country. It
is encouraging though that KwaZulu-Natal has formulated an action plan, whose
implementation is being supported by the Films and Publications Board and the
Airports Company of South Africa. The provincial plan to counter human
trafficking, pornography, prostitution and brothels, will form a model and
reference point for the other provinces, which will soon be establishing their
inter-sectoral task teams this year.
Human trafficking is a crime against humanity. It involves an act of
recruiting, transporting, transferring, harbouring or receiving a person
through a use of force, coercion or other means, for the purpose of exploiting
them. Every year, thousands of men, women and children fall into the hands of
traffickers, in their own countries and abroad. Every country in the world,
including South Africa, is affected by trafficking, whether as a country of
origin, transit or destination for victims.
Scores of women and children still experience severe trauma, abuse and human
rights violations, even during the Human Rights month. Children have gone
missing across the country. There are also those who are being abducted, sold
and bought for exploitation. Molo Songololo would be able to enlighten us about
the extent of this problem, which is becoming a major money making operation
for local and international syndicates.
On Monday, I went to the Eastern Cape to interact with the people of
Lusikisiki about the issue of child abduction, forced and early marriages. The
SABC had reported that in the past two years more than 200 schools girls from
as young as 12 years old had been forced into marriages in Lusikisiki area
alone. We found out that "ukuthwala" or forced marriage was indeed still being
practised in remote villages in the Eastern Cape. This practice exposes our
children to early pregnancies and related illnesses.
The key of course is ensuring protection of all in South Africa in a way
that prioritises the most vulnerable and offender accountability. Determining
and addressing the causal factors of these kinds of transgressions lies at the
root of solutions to the atrocities, inhumanities and systemic challenges that
they generate for us. It is imperative therefore, that we all keep our finger
on the pulse and accumulate knowledge skills and insight into this phenomenon
as this will ensure that we speak and act convincingly and with the authority
we will then have.
The value of these occasional interactions however, lies in the conviction
with which we go out there and implement the actions to which we have
committed. The promise I carry as the Minister in the Presidency is that we
will always get the support of Cabinet and government for as long as we
continue to act in the interest of a better life for all in South Africa.
The following days will require all of us to consider the International and
National Frameworks that both bind and enjoin us to prevent, suppress and
punish trafficking in Persons, especially that which involves women and
children. It is quite an important factor for us to always keep in mind the
complicating factor of the relationship of trafficking in persons and the
dangerous phenomenon of organised crime.
It is when we fail to recognise this connection that we lose both the plot
and the bigger picture creating gaps in our prevention and response systems
leaving both communities and victims to fall into the cracks with little chance
of becoming survivors in the distance.
What the Convention Against Trans-National Organised Crime signed and
ratified by South Africa in 2003 obliges us to Criminalise trafficking as a
significant first step because where this is absent the frame of reference
becomes somewhat loose and undefined and parameters a bit blurred leading to
unbridled anarchy and victimisation matched with frightening impunity and
resultant moral decay.
Secondly, we must ensure that we create the skills and capacity to
investigate cases of human trafficking in a way that does not re-victimise the
victims but sets them upon a path destined to turn them into survivors and
gives them hope for the restoration of their self-respect, bodily integrity and
decent living all of which are likely to have been eroded by their unfortunate
experience. The agencies that are seized with the responsibility of
investigating crimes must be fully equipped and knowledgeable enough to
investigate thoroughly, professionally and expeditiously.
Securing a conviction must be at the centre of their efforts. If they do
this they will instil a lot of confidence in victims and survivors so that they
trust the system better and this will lead to better retention of their cases
in the system. I observe with great appreciation the efforts of South African
Police Services in ensuring that we have a skilled cadre of police and
detectives to perform the necessary functions.
Regarding Prosecutions, there is little doubt that the Criminal Justice
System is heavily reliant on the ability of prosecutors to assist courts to
dispense Justice. By the same token we need to ensure that the judiciary also
measures up to the challenge. This being a fairly new area of the practice of
law we need to ensure that the information flow is both rapid and fluid so that
it reaches all who bear the responsibility to against this new form of
abuse.
The new Sexual Offences Act goes some distance to address one of the most
common forms that this scourge usually takes. It is the only piece of
legislation that is currently applicable which outlaws Human Trafficking. We
are all excited about this as the importance of a legislative framework cannot
be over-emphasised.
I trust that this conference will identify the key action steps in the
development process of the proposed National Plan. The resolutions of this
conference will give the country an early and consultative start on this
deliverable and ensure that it is properly executed.
Thank you.
Issued by: The Presidency
25 March 2009
