The committee welcomes the introduction early last week of the Prevention and Combating of Human Trafficking Bill and the subsequent briefing on the contents of the bill by the Department of Justice which took place yesterday.
We think that the bill is a step in the right direction. Trafficking in persons flourishes because it is extremely lucrative and as traffickers are rarely held accountable for their actions, there are relatively few risks attached. It is estimated that up to a million people are trafficked worldwide each year, of which approximately 80 percent are women and children trafficked for the purposes of sexual exploitation. But people are trafficked for other reasons too, such as forced labour, organ harvesting, etc.
Anticipation of an increase in trafficking, especially for sexual purposes, ahead of the 2010 FIFA World Cup, has focused attention on South Africa’s ability to deal with trafficking. It is unfortunate that South Africa does not yet have a comprehensive legislative framework to address human trafficking but legislation of this type is complicated, requiring that a number of affected government departments give their input.
However, the committee is satisfied that although fragmented and not comprehensive, there is existing law that can be used to prosecute traffickers. A particular concern is that the World Cup will see an increase of trafficking for sexual purposes. The Criminal Law (Sexual Offences and Related Matters) Amendment Act, which came into operation in December 2007, for instance specifically criminalises trafficking for sexual purposes.
While prosecution of perpetrators may be covered by other existing laws, the gap largely lies in measures to prevent and combat trafficking, as well as protection and assistance of trafficking victims.
The Prevention and Combating of Human Trafficking Bill aims to combat and eventually, put an end to human trafficking in South Africa. It establishes a legal framework that does more than just create an offence of trafficking in persons. It also contains measures that provide a framework to prevent trafficking and protect and assist trafficking victims.
While comprehensive legislation is desirable, the committee believes that it cannot be rushed.
The committee has asked the Department of Justice to bring together a cluster of departments affected by the legislation to come together and compile a report and brief it soon on operational plans that will ensure that the existing laws are used to prosecute trafficking perpetrators. Once it has been briefed, the committee will formulate recommendations on how it can strengthen and support these plans.
Enquiries:
Modise Kabeli
Cell: 082 077 4682
Issued by: Parliament of South Africa
25 March 2010
Source: Parliament of South Africa (http://www.parliament.gov.za/live/index.php)
