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TSIRELEDZANI: BACKGROUND TO RESEARCH PROJECT AND IMPACT ON POLICY FORMULATION AND IMPLEMENTATION. Research Report Conference, Ekurhuleni 23 March 2010. United Nations Convention Against Transnational Organised Crime

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tsireledzani background to research project and impact on policy formulation and implementation

TSIRELEDZANI: BACKGROUND TO RESEARCH PROJECT AND IMPACT ON POLICY FORMULATION AND IMPLEMENTATION

Research Report Conference, Ekurhuleni 23 March 2010

applicable united nations instruments

United Nations Convention Against Transnational Organised Crime

  • Supplementary Protocol to prevent, suppress and punish trafficking in Persons, especially women and children (‘Palermo Protocol’)
APPLICABLE UNITED NATIONS INSTRUMENTS
sa legal framework
SA LEGAL FRAMEWORK

COMMON LAW

Rape & Indecent Assault (cases prior to Sexual Offences Act), Kidnapping,

Abduction, Assault (common & with intent to commit GBH), Murder, Crimen

iniuria: Extortion

LEGISLATION

Extradition Act 67 of 1962

Corruption Act 94 of 1992

Films and Publications Act 65 of 1996, as amended

sa legal framework4
SA LEGAL FRAMEWORK

Basic Conditions of Employment Act 75 of 1997

Prevention of Organised Crime Act 121 of 1998

Refugee Act 130 of 1998

Immigration Act 13 of 2002, as amended

Children’s Act 38 of 2005 (partly promulgated)

Criminal Law (Sexual Offences & Related Matters) Amendment Act 32 of 2007

Immigration Act 13 of 2002, as amended

l

sa legal framework5
SA LEGAL FRAMEWORK

Children’s Act 38 of 2005 (partly promulgated)

Criminal Law (Sexual Offences & Related Matters) Amendment Act 32 of 2007

International Cooperation in Criminal Matters Act 75 of 1996

Basic Conditions of Employment Act 75 of 1997

Prevention of Organised Crime Act 121 of 1998

Refugee Act 130 of 1998

inter sectoral response

Initiation of SA Law Reform Commission legislation development process

  • Establishment of Trafficking in Persons Inter-sectoral Task Team (“National Task Team”) 2006
  • Identification of 6-pillar strategic framework
  • Development of EC-funded “Programme of Assistance to the South African government to prevent, react to human trafficking and provide support to victims of the crime” : the Tsireledzani Programme
INTER-SECTORAL RESPONSE
tsireledzani programme objectives dec 2007 dec 2010

Ensure a deepened understanding of Human Trafficking in South Africa

  • Develop a multi-sectoral, coordinated prevention and response to trafficking
  • Increase public awareness and understanding of trafficking in SA and SADC Region
  • Contribute to better crime investigation and prosecution
  • Contribute to more effective assistance to victims of trafficking
TSIRELEDZANI PROGRAMME OBJECTIVES (Dec 2007 - Dec 2010)
programme focus areas

Result Area 1: Deepened knowledge and understanding of human trafficking (Research)

  • Result Area 2: Coordination and Cooperation
  • Result Area 3: Capacity-building and Development
  • Result Area 4: Public Awareness and Education, Prevention Strategy
PROGRAMME FOCUS AREAS
research study

12-mth national research study (Extent of Trafficking/Vulnerable Groups, Drivers, Perpetrators, Beneficiaries, etc.)

  • Inclusion of neighbouring states: Zimbabwe, Lesotho and Swaziland
  • Research Reference Group
  • Consultative Workshop in Pta from 15 to 16 Feb 2010
  • National Conference on Research Findings in Jhb from 23 to 24 March 2010
RESEARCH STUDY
provincial task teams

Decentralisation of through activities through JCPS Cluster Structures

  • KWA-ZULU NATAL TASK TEAM ON HUMAN TRAFFICKING, PORNOGRAPHY,PROSTITUTION & BROTHELS (HPPB) (2008)
  • LIMPOPO TRAFFICKING IN PERSONS TASK TEAM (2009)
  • MPUMALANGA TIP TASK TEAM (2009
  • WESTERN CAPE: 03 March -Launch 12/13April
  • NORTH WEST through BCOCC
  • EASTERN CAPE 07 APRIL 2010 –JOINT AND DEVCOM
PROVINCIAL TASK TEAMS
establishment process
One-day Consultative Workshop
  • Determine Roles and Responsibilities of each Stakeholder
  • Identify additional roleplayers e.g. Ministry of Tourism, ACSA, Organised Agriculture and Labour

Two-day Launch Workshop

  • Establish sub-structures

Three-day Strategic Planning Session

  • Development of Provincial Strategy for Prevention, Response and Support
ESTABLISHMENT PROCESS
responsibilities of provincial task teams
Develop and Implement Provincial Action Plan
  • Raise resources through alignment of departmental budgets and partnerships with business
  • Monitor implementation
  • Report to Provincial DEVCOM, JOINTS and Office of the Premier
RESPONSIBILITIES OF PROVINCIAL TASK TEAMS
learnings from kzn

Direct reports of Human Trafficking cases are rare, with the underlying offences of prostitution,- keeping a brothel and Immigration Offences being reported

  • Exploitation takes place behind the fronts of legitimate businesses, e.g. Massage parlours
  • Common owners identified as well as the movement of women/men, nationalities and ages of the women/men in the brothels
  • Crime difficult to detect as victims are traumatised/threatened (or family)/afraid to talk even when rescued
  • Lack of awareness affects identification of cases
  • Initially difficult to convince departments to allocate resources to human trafficking activities only, as there are no real statistics on these matters
  • Lack of resources: no dedicated staff members and I/O’s are dealing with other complex cases that need special skills for example financial investigations
LEARNINGS FROM KZN
learnings from kzn cont

Limited amount of “trainers”: Lack of skills/ training has led to suspected victims being arrested and placed next to the cell of perpetrators

  • Impoverished rural communities are particularly vulnerable and reaching them is a challenge
  • Proper systems and referral mechanisms need to be developed in respect of the handling of these types of matters to prevent victims losing interest, wanting to go home, drug addiction, security etc.
  • Team building sessions necessary to strengthen multi-agency cooperation
LEARNINGS FROM KZN cont.
kzn successes

Conducted a number of raids and rescued suspected victims

  • Media articles generated public debate about Human Trafficking
  • SAPS FCS on board
  • On track with the targets in the action plan
  • Membership grown to include ACSA,Films and Publications Board and eThekwini Metro
  • sub-committes established led by subject matter experts
KZN SUCCESSES
expert response team immigration offences

Role-players: NPA, SAPS, DHA, DSD, DoH, DoL

  • Support agencies: FPB, FIC, Sports and Tourism, ACSA and SAIL
  • Review of methodology and approach

DHA case management initiative

  • Asylum-seeker and Refugee Act permit
  • Passports and Travel Documents Regulations
  • Facilitation of receipt of public services to illegal foreigners
  • Violation of Immigration Act by

- Provision of licence/authorisation to conduct business

- Letting/selling/making available immovable property

- Facilitation of the business/profession/occupation

- Impersonation of an Immigration Officer

EXPERT RESPONSE TEAM & IMMIGRATION OFFENCES
regional coordination

“Tsireledzani: Towards an integrated National Action Plan” Conference, Durban, 25 to 27 Mar 2009

  • Regional Conference, Johannesburg, 13 to 15 July 2009
  • Mpumalanga Women’s Day Workshop, Nelspruit – 8 to 9 August 2009 (Mozambique, Zimbabwe, Lesotho and Swaziland)
  • TCC/Gender Justice Regional Summit, Cape Town – 8 to 10 Nov 2009 (Angola, Cape Verde, Ghana, Lesotho, Mauritius, Mozambique, Namibia, Rwanda, Zimbabwe)
REGIONAL COORDINATION
southern african region

SADC Protocol on Gender: Human Trafficking classified with HIV & AIDS as key factors countering development

  • “SADC Ministerial Conference on development of the regional strategic plan of action on combatting human trafficking, especially women and children” Maputo, Mozambique, 26 to 28 May 2009
  • Timeframe: 2012
SOUTHERN AFRICAN REGION
africa region instruments

Ouagadougou Plan of Action on Trafficking in Human Beings, especially Women and Children (2006)

  • Prevention and Awareness Raising, Victim Protection and Assistance, Legislative Framework, Policy Development and Law Enforcement, Cooperation and Coordination
  • AU Commit Campaign to consolidate and popularise the African Union’s migration and development initiatives (2009-2012)
  • Continental action Steps
  • Country Action Plans to be based on Prevention, Protection and Prosecution
AFRICA REGION INSTRUMENTS
national action plan

Draft National Action Plan (NAP) based on Prevention, Victim Empowerment and Response Model finalised

  • Presentation to NPA EXCO by SOCA Special Director
  • Sign-off by NDPP
  • Submission to DoJCD senior management, JCPS Cluster and Minister
  • Approval by DoJCD Minister
  • Launch by Dec 2010
NATIONAL ACTION PLAN
coordination with other stakeholder initiatives

Human Trafficking Awareness Week – 4 to 10 Oct 2009

  • Strategy for International Events cf. 2010 FIFA SWC

1. Core Team: LOC, NPA, DHA and SAPS (Organised Crime)

2. Sub-Committees: Prevention & Public Awareness, Response, Victim Support and Monitoring & Evaluation

IDMT/CGE/UNICEF Launch of “Red Card” Campaign in Mpumalanga

  • Prevention & Combatting of Trafficking In Persons Bill

1. Policy development led by DoJCD

2. Costing of draft Bill with consultants

3. Drafting of Charge Sheets in terms of the Bill with NPS

COORDINATION WITH OTHER STAKEHOLDER INITIATIVES
capacity building and development

First Phase of Training Workshops

  • 60 country-wide workshops held from July to Dec 2008 in which

1 200 officials trained on IOM material, as an interim measure

  • 5 institutional clients targeted:

1. Home Affairs (339 border officials)

2. Social Development (155 social service providers)

3. Health (135 nurses)

4. Justice & Constitutional Development (NPA & LCMC)

5. Law Enforcement officials (SAPS, NPS, DHA)

(287 law enforcement officials)

  • 100 labour officials, 31 Journalists
  • Legal NGOs Workshop – Jhb, March 2009
CAPACITY BUILDING AND DEVELOPMENT
capacity building development cont

SAQA-accredited Curriculum for departmental Trainers

  • Modules
  • Basics of Human Trafficking (Core)
  • Irregular migration and migration management aspects of human trafficking (for DHA)
  • Psychosocial and health aspects of trafficking (for DSD & DoH)
  • Investigation (for SAPS)
  • Legislation (for DoJCD incl. NPA and LCMC)

Consultation Process

  • Stakeholder Consultation Workshop
  • Departmental Focus Groups
  • Validation Workshop
CAPACITY BUILDING & DEVELOPMENT Cont.
complementing training programmes

NPA

  • 645 prosecutors trained in 23 sessions in 2008 and 2009 on Part 6 – ss 70 to 71: Transitional provisions relating to trafficking in persons (adults and children) for sexual purposes only of the new Sexual Offences Act 2007
  • Mpumalanga prosecutors: Office of the SPP in Middelburg in 2009

BCOCC

  • 187 Multi-sectoral border control stakeholders in Limpopo in Nov 2009
Complementing training programmes
public education awareness

Desktop Study on past and existing campaigns

  • Baseline Study to determine awareness levels and inform messaging, relevant tools
  • Banners, pamphlets and vehicle licence disk holders developed
  • Plannedwww.tsireledzani.org website
  • Design of awareness tools for vulnerable groups and general public for ‘low cost-high impact’ in progress (Peer education Worksheets, Radio drama & talk show, Newspaper story boards, Industrial theatre, DVD)
PUBLIC EDUCATION & AWARENESS
impact on policy formulation
IMPACT ON POLICY FORMULATION
  • Policies on Knowledge and Information Management and sharing: importance of collation of disaggregated data for MIS
  • Policies on co-ordination at national, regional and international level wrt prevention and disruption
  • Policies to reduce Vulnerability through mainstreaming strategies to counter drivers of TIP into Economic and Rural Development Plans
  • Policies on management of victims to prevent re-victimisation/ victims becoming traffickers: appropriate standards of care and support
impact on implementation strategies
Impact on Implementation strategies

Input into Design, Development and management of Trafficking Information Management Systems

Development of appropriate responses ito prevention, response, support and partnership

Enhance consistency and sustainability in National and Regional Action Plans- linkages with UN Global Plan of Action

Development of systems and procedures in support of implementation of legislation

ms malebo kotu rammopo

Ms Malebo Kotu-Rammopo

National Coordinator – Tsireledzani Programme Coordinating Unit (PCU)

SOCA Unit, National Prosecuting Authority

mgkoturammopo@npa.gov.za