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The recently published research report on Human Trafficking by the Human Sciences Research Council (HSRC) highlights the need for proper legislation, formal statistics, greater education and awareness, as well as shelters and safe houses for victims of trafficking.
Although certain elements of the new Trafficking in Persons Bill, currently before the Justice Portfolio Committee, are set to be fast-tracked for the Fifa World Cup, other areas of concern will remain lacking during this time and for a long time still, as these require regulations and have financial implications.
The Democratic Alliance (DA) will be taking this matter up with the chair of the portfolio committee on Justice.
The new Bill includes provisions for national data collection and information management regarding trafficking in persons statistics. This is most welcome, as there is an urgent need for national level data and information management systems. The HSRC report states that there is an, "overall lack of systematically gathered quantitative data curtailed efforts to provide sound estimates of any aspect of trafficking."
It is, however, unlikely that the Bill's provisions could be implemented any time soon as this function is delegated to an "accredited organisation" which is yet to be defined. The Bill would also require the submission of an annual report on human trafficking information, which especially in the case of child trafficking, requires the establishment of an integrated information system - which is yet to be established.
Up to date statistics are vital in the fight against crime and the DA is concerned that proper data collection on human trafficking crimes will be a long while in the making.
Other concerning elements that will most likely not be in place for the World Cup - when human trafficking is expected to increase substantially - include: adequate public awareness programmes, safe houses and accommodation for victims, housing of foreign or locally displaced victims if it is deemed unsafe to repatriate them.
What will happen, for example, to a foreign victim of trafficking, if it is not safe to send them home? Also, norms and standards for those organisations that are tasked with providing services to adult victims require regulations and accreditation certificates, meaning that the organisations that ought to be supporting victims will most likely not be accredited to do so within the next few months.
We are in this situation, because the ANC government has up until now, been slow off the mark in taking appropriate measures against human trafficking. South Africa was even on an international human trafficking watch list, as a result of the government not fully complying with the minimum standards for the elimination of trafficking in persons, between 2005 and 2008.
The current Bill is only on the agenda as a result of pressure from opposition parties as it was not listed as priority legislation in the committee's strategic plan for 2010.
Although the Minister of Justice and Constitutional Development, Jeff Radebe, reckons that the current legislation, although fragmented, deals with human trafficking as a crime, the Justice department, in briefing Parliament stated that current legislation:
Does not address the trafficking of adults for purposes other than sexual exploitation
Does not adequately address the prevention of human trafficking
Does not adequately address the protection of victims of human trafficking
Does not provide for a number of offences related to human trafficking (such as debt bondage, using the services of victims of human trafficking and issues relating to travel documents)
The new Bill seeks to address these issues.
I will be writing to the Chair of the Portfolio Committee on Justice and Constitutional Development, requesting a debate on possible interim measures for those aspects that will not be implemented by June as well as requesting that those aspects of the Bill that require more time to implement, have time-lines attached so that the Bill's good intentions become a reality without delay.
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