Activist Networking against the Exploitation of the

Child Domestic Workers (Anex CDW)

Submission to Department of Justice and Constitutional Development

Publication of Prevention and Combating of Trafficking in Persons Bill

  1. Introduction

Activist Networking against the Exploitation of Child Domestic Labour (Anex CDW)

is a Child Rights organisation that focuses on Child labour Anex CDW was established in 2003 to counteract the exploitation of especially the girl child, who is involved in cheap labour or domestic trafficking from the rural areas to the urban areas. The sole purpose of employing these children is to exploit them as domestic workers. The advocacy and lobbying strategies of the organisation have focused on placing the issue of in-country trafficking for the purpose of labour within the realm of counter trafficking strategies both at national and provincial level. Our working experience in relation to victims of in-country trafficking includes extraction of victims, placement in a place of safety and reintegration of the survivor to their place of origin. The latter was accomplished by collaborating with government agencies as well as civil society organizations.

Our organisational counter trafficking programme adopted a three pronged approach to reach our desired outcome:

  • Combating Trafficking Coalition

Our organization has been instrumental in the establishing of the Western Cape Provincial Task Team against Human Trafficking now known as the Combating Trafficking Coalition. The objective of this forum has been to collectively and holistically combat human trafficking at a provincial level targeting the three P’s: prevention, prosecution and protection strategies. The latter is supported by the specific mandates of member organizations. This organisation has a membership of 14 organisations.The coordination of the CTC is located within Anex CDW .

  • Managing the toll free Counter Human Trafficking Helpline

Anex CDW has adopted the Counter Human Trafficking Helpline to form part of the organisational counter trafficking strategy.The data from the helpline clearly indicates the correlation between awareness raising and reporting. The data analysis directs the type of intervention strategies.

  • Awareness Raising and training

Our innovative awareness raising campaigns target an array of communities and service providers within the province. Information on domestic and cross border trafficking are circulated through Blitz campaigns, awareness raising events as well as the broad distribution of resource packs to service providers. In addition to this the organisation has engaged in training and capacity building with SAPS, the refugee community, health care workers, the faith based community.

All of these awareness raising activities are directed towards promoting the Human Trafficking Helpline as a source of information and to report cases within a secure, confidential and anonymous space.

Note:

As an NGO Anex CDW would like to acknowledge the work done by the SALRC in putting together the bill and therefore welcome the opportunity to respond by giving input and highlighting our concerns over the Bill. The comments made stem from working experiences within the realm of child labour and trafficking.

Our work within the realm of child labour has brought us into contact with child victims of trafficking and our first hand experience has highlighted the impact of the lack of comprehensive legislation and the limited access and availability of resources to assist victims of trafficking it is based on this premise that the organisation is making a submission

Comments from Anex CDW

2. Chapter 1: Definitions and Objects of the ACT

We request that the definition of child trafficking should be included under the definitions as the bill makes reference to child trafficking particularly in Chapter3 (3) (a) and Chapter 4. We further recommend that all provisions within the bill related to child trafficking be contained in a separate chapter.

2.1 Definition 1 “abuse of vulnerability”.

We at Anex have reviewed this definition and request that the term should broadly include other factors which may attribute to an individual’s vulnerability these are not limited to but may include:

-Nationality

-Ethnicity

-Political instability

-Gender

-Race

3. Chapter 2: Prevention of Trafficking of Persons

With reference to the specific provision set out in(3) (C) (2) which promotes the creation of programmes and other measures to discourage the demand and supply of victims of trafficking, with a specific focus on women and children.

Anex advocates for the inclusion of a provision that addresses the feminization of poverty, given the fact that,“approximately 80% of victims of human trafficking are women and girls of whom 50% are minors the vast majority of those trafficked under 18 years of age are girls”(UNESCO, 2007). A recommendation would be the creation of economically sustainable programmes for women, while educational programmes encouraging the girl child to complete education would be viable means which could possibly address and tackle the susceptibility of and women and girls to human trafficking.

Where prevention in child trafficking is concerned programmes should be closely aligned with addressing child labour paying close attention to the plight of the girl child as child trafficking and child labour are interlinked. As experience highlights that child labour is often symptomatic of child trafficking.

4. Chapter 3 Offences and penalties

We would like to draw attention to the interpretation of the provision on penalties in this chapter to mean that the imposition of a fine as a punitive measure appears to takeprimacy and overweigh the penalty of a jail conviction. This poses some concerns given the fact that human trafficking is the thirdmost lucrative crime in the world second to drug trafficking and guns. (U.S TIP report 2006). With fines imposed this penalty may in certain instances perpetuate the crime rather than curtail it as the perpetrators would “pay their way out” of a severe penalty with ease. This may imply that the state is more interested in recouping assets as opposed to imposing harsher penalties to serve as a deterrent, taking into consideration that these crimes are committed by organised crime.

10 (1) – to word it as “or and a fine” contentious, the option of a fine throughout most provisions in this chapter is problematic and implies that the crime is not of a serious nature

5. Chapter 4 Identification and protection of foreign victims of trafficking

5.1 In the reporting and referral of child victims of trafficking we feel that other structures and support systems within the civil society sector or faith based sector should be included in the definition.

5.2 we feel thatclauses 11 (3)(b) and 12 (3)(b) are both problematic as this causes suspicion on those wanting to report a case of trafficking and this inevitably may discourage an individual to report cases of human trafficking. The onus should be on the police to validate or investigate a reported case and not on the person reporting. Although it is important to place a burden on proof on reporting the suspicion the use of the term reporting in “good faith” becomes problematic to substantiate.

5.312(1) (b) (a) We disagree and object to the fact that the victim should have to give consent when reporting a case. The data from the helpline and our working experience informs us that cases are normally reported by a third party, because the victim is

  1. Does not know about victim assistance services or cannot access a helpline
  2. The victims /victim’s family are usually intimidated by the trafficker so they often receive violent threats if they try to escape from their exploitative conditions
  3. Trafficked victims often experience extreme physical torture and psychological trauma. A common Psychological condition trafficked victims suffer from is Stockholm syndrome which is a Psychological disorder caused by severe trauma which causes trafficked victims to identify and often defend their traffickers.
  4. Often trafficked victims are not aware that they are being trafficked, because of the lack of education and awareness raising around the issue.

If reporting is dependant upon consent from the victim then extent to which victims are assistedwill remain low.

6 Chapter 5 Status of Foreign victims of trafficking

16 (1) We are in agreement with the 90 day period and feel that the time stipulated to is sufficient for recovery and reflection of the trafficked victim.

7 Chapter 6 Services to adult victims of trafficking

We would like to commend the SALRC for this particular section, as this is significant in measuring the scale of human trafficking. We support the provision on datacollection and information management. (24) (1) (2). It has been our experience at the helpline that pertinent information relating to trends and the extent of trafficking can be extracted and the data collection can inform intervention and prevention strategies as well.

8. Chapter 7 Compensation

compensation recouped from the perpetrators to repatriate as well as compensate victims is a positive initiative however one has to question whether it is genuinely in the best interests of the victim as the processes involved for victims to access compensation is a civil matter and will prove to be very expensive and time consuming, which places the victim precarious position especially in instances where the victim is only allowed to be in the country for a period of 90 days. This chapter seems to apply to the cross border victim, and questions are been raised about the availability and means by which compensation will be allocated to a victim of in-country trafficking.

9. Chapter 10 Administration of the Act

9.1 Within clause 37 (8) (2), TheDepartment of housing is excluded from the inter-sectoral committee,

9.2(5). We feel that a civil society organisation mandated by civil society should be included in the Inter-sectoral Committee.

9.3The inter sectoral committee should be duplicated at provincial level to promote the implementation of a national stratregy at provincial level.

10. General Concerns

As a children’s rights organisation we strongly motivate for the inclusion of provisions in the bill that would further protect this vulnerable group them by dealing with the issue in a separate chapter, although definitions of child trafficking are spelt out in the Children’s Act, the Trafficking in Person’s legislation needs to exclusively address this matter separately. Our concerns also rest with directly addressing in-country trafficking which a marginalised feature of trafficking which, when looking at the socio–economic and cultural milieu is challenging to curtail. Lastly our concerns and recommendations around prosecution and compensation would hope for an outcome that empowers and most importantly protects the victims of this crime.

11. Conclusion

Anex CDW is grateful for this opportunity and trust that due consideration will be given to our concerns and comments.

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