The US State Department has released its 2024 Trafficking in Persons Report, which notes that South Africa “does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so.”
The report places countries into one of four tiers, based on the government of the country’s effort to meet the Trafficking Victims Protection Act (TVPA) minimum standards, aimed at eliminating human trafficking. Tier 1 is the highest ranking, indicating the government has demonstrated “appreciable progress,” and represents a responsibility to continue combating human trafficking.
Rankings reflect an assessment of the enactment of laws prohibiting severe forms of trafficking, the implementation of those laws through “vigorous prosecution,” proactive victim identification measures, victim protection efforts and partnerships with NGOs among others, according to the State Department.
South Africa has been ranked as a Tier 2 country, which means while the government “does not fully meet the TVPA’s minimum standards,” there is a concerted effort to bring South Africa into compliance with the standards. The report notes “the government demonstrated overall increasing efforts compared with the previous reporting period,” which resulted in an upgrade to Tier 2 status. The demonstrated efforts include the increase in prosecutions of traffickers, the identification of victims, and “increasing the number of shelters available to assist trafficking victims.”
There were, however, several areas where the minimum standards were not met. The report notes that “agencies responsible for identifying, referring, and certifying trafficking victims lacked coordination.” Furthermore, gaps in the understanding of human trafficking and referral procedures “likely hindered overall protection efforts.”
Victim Services “remained insufficient,” with notable delays in the granting of official status “resulted in some victims being unable to access timely emergency shelter and services.” The effort of law enforcement showed a continuous lack of necessary capacity and training, which resulted in ineffective identification and referral of victims to the necessary care facilities. Low-level corruption and “complicity in trafficking crimes” have persisted, which has hindered the overall effort to combat trafficking.
Among the prioritised recommendations the report lists, is to increase efforts by authorities to investigate and prosecute trafficking crimes. Further, prosecutors should “seek adequate penalties for convicted traffickers, including complicit officials, which should involve significant prison terms.”
Authorities must effectively implement the standard procedures for victim identification and referral to care and focus on proactive identification of trafficking victims through screening, particularly through trafficking indicators during law enforcement operations and labour inspections. The vulnerable populations identified by the report include migrant workers, individuals in the commercial sex trade, refugees, asylum seekers, and Cuban government-affiliated medical workers.
The report recommends that government “promulgate and implement the Department of Home Affairs (DHA) immigration provisions in Chapters 3 and 7 of PACOTIP, including Sections 15, 16, and 31(2)(b)(ii) to ensure the issuance of appropriate immigration status and identification documents for trafficking victims.” This should be done along with a significant increase in resources and training for South African Police Service officers and Department of Social Development (DSD) officials, allowing them to effectively make use of victim identification and referral procedures. Of particular importance is training in “trauma-informed interviewing techniques.”
Noting some of the government’s success, the report lists three main areas, prosecution, protection and prevention.
Prosecution
Government has increased efforts in anti-trafficking law enforcement, with the Prevention and Combating of Trafficking in Persons Act (PACOTIP) hailed for imposing penalties deemed “sufficiently stringent.” The act is further praised as it corresponds “with those for other grave crimes, such as rape.” However, PACOTIP’s immigration provisions, Section 15 and 16, have not formally been adopted by parliament, with these viewed as critical sections requiring action.
The Criminal Law Amendment Act (CLAA) prescribes penalties for the sexual trafficking of children and adults, with penalties up to life imprisonment. Amendment of the Basic Conditions of Employment, introduced in 2014, prescribes penalties and criminalises forced labour.
The National Prosecuting Authority was applauded for prosecuting 123 suspects, up from 30 in the previous reporting period. Prosecution of 109 suspects continued from the previous period. Authorities however, reported difficulties in the gathering of evidence for trafficking cases, highlighting the need for “improved co-ordination between investigators and prosecutors.”
Observers noted that investigators and prosecutors have had competing priorities, particularly involving other crime cases, with a backlog of cases as a result.
Protection
Government has increased screening for trafficking indicators, especially among the most vulnerable populations, namely irregular migrants and individuals involved in commercial sex. The Department of Home Affairs reported screening 46 migrants for trafficking. Additionally, DSD social workers and civil society groups coordinated to carry out screening for trafficking indicators during law enforcement operations at establishments associated with the commercial sex trade.
Civil society groups reported an increase in collaboration with law enforcement, with officers possessing an increased awareness for human trafficking crimes.
Government was reported to have provided shelter, food, medical care and psycho-social support to trafficking victims, with the assistance of interpreters. Government oversight of NGO multi-purpose shelters increase from 18 shelters to 19, with one shelter now operated by government.
The report notes with concern that “by law trafficking victims were not required to participate in the investigation and prosecution of traffickers; however, in practice, many victims had to report to law enforcement to access services.”
Of particular concern was a previous lack of training and agency awareness, which delayed victims’ ability to receive care, increasing the likelihood that victims were found by their traffickers. Further, while foreign victims were entitled to the same level of care as South African victims, they faced additional barriers to access necessary care and justice.
Prevention
Government’s efforts to prevent trafficking remained mixed, with efforts coordinated through the National Inter-ministerial Committee for Trafficking in Persons (NICTIP), which only met quarterly, the State Department found. Three new agencies joined the NICTIP, namely the Border Management Authority, the Anti-Money Laundering Integrated Task Team, and the Financial Intelligence Centre.
“The government did not comprehensively monitor or investigate forced labour of adults or children in the agricultural, mining, and construction sectors, and labour inspectors lacked necessary training to effectively identify trafficking,” the State Department report said. KwaZulu-Natal proved to be a difficult province for inspectors, who have the legal authority to investigate private farms, but were unable to do so “due to safety concerns.”
While the Labour Inspectorate conducted 303 877 inspections, it did not report any cases of forced labour. Anti-trafficking training has been provided to labour inspectors, with assistance from international organisations.
Observers noted DHA rarely provided vulnerable migrants with the necessary immigration documentation, which resulted in children being unable to enrol in schools, increasing vulnerabilities to trafficking.
While the SAPS operates a crime hotline where reports of potential trafficking can be made, it only resulted in 14 investigations and one confirmed trafficking case. The majority of trafficking-related calls were referred to the NGO-operated National Human Trafficking Hotline (NHTH). The NHTH received 3 613 calls, identifying 42 victims of trafficking, down from 50 in the previous period of reporting.
Government has continued to raised awareness throughout the country, in collaboration with international organisations. “Observers noted increased awareness raising efforts on child labour and forced labour in agriculture.” The South African National Defence Force, which patrols the country’s land borders and regularly intercepts irregular migrants, operates a hotline for reporting incidents of sexual exploitation by soldiers. However, they did not report whether they received any calls. International observers noted 74 allegations of sexual exploitation with indications of trafficking, by SANDF peacekeepers deployed to the Democratic Republic of Congo (DRC) since 2015.
Cuban government-affiliated medical workers remain a concern, with 432 reported to be in South Africa at the end of 2022. While they are in control of their own passports and credentials, it is not clear if they control their own bank accounts. In 2022, a report informed by testimony from 18 former workers revealed 45% were under constant surveillance, 48% were subject to “movement restrictions”, 72% reported threats of violence and 80% reported being exploited. Additionally, 50% reported being forced to enrol in the programme by Cuban authorities.
The report lays clear that while the government has made significant effort to address human trafficking, there is still much room for improvement.
