The subject of human trafficking has been widely studied, but primarily from the perspective of the victims. This study, rather than focusing on the victims, focused on the NGOs that are part of the counter-trafficking movement. In a content analysis of the websites of 24 counter-trafficking organizations, the priorities of faith-based NGOs and secular NGOs were compared. Additionally, the study examined which theory of development a secular or faithbased organization was more likely to adopt. Findings indicate that the priorities of faith-based and secular NGOs do differ; secular NGOs mention more concrete priorities while faith-based NGOs are more vague. Secular NGOs also leaned more towards the radical theory of development, while faith-based NGOs did not seem to follow any particular theory of development. / Department of Sociology

Transnational security threats are among the most pressing and complicated problems facing both governmental and non-governmental actors in today's world. Human trafficking is one example of contemporary transnational security threat that is relatively less studied compared to other transnational security threats. Because transnational security threats such as human trafficking exist above and outside the boundaries of state control, it may be supposed that a greater degree of supranationalism in the policy responses to them would yield better results in combatting these modern-day ills. Anti-trafficking efforts from the Association of Southeast Asian Nations and the European Union are examined to assess the impact of degree of supranationalism present in the respective policy responses to determine if any advantage is gained from aligning supranational policies to transnational problems. This question is not answered conclusively due to a lack of supranationalism present in key areas of EU governance responsible for law enforcement efforts.

Human trafficking has been reported to be on the increase in the Eastern Cape Province of South Africa with girls as young as ten years old being trafficked from and within the Province for sexual and labour purposes, and marriage. Human traffickers operate in rural areas, small towns and cities such as Port Elizabeth and East London. However, research on the role of the law enforcement authorities and the civil society organisations in the fight against trafficking in Eastern Cape Province is largely unknown. Situated within the Security Governance Theory, and using the intensive research design, this research reports on the role of the law enforcement authorities and the civil society organisations in the fight against human trafficking in Eastern Cape Province with emphasis on rural-urban differentiation. The challenges which law enforcement authorities and the civil society organisations faced are also discussed. The study, among other things, found that both the law enforcement sector and civil society organisations in the Province ensured that security, criminal justice, physical, emotional, psychological, health and spiritual needs of rescued victims of trafficking were met. The study further established that there was little progress in the fight against human trafficking, more especially in the rural areas of the Province, due to inadequate cooperation among anti-trafficking organisations and the lack of resources.

Human trafficking is a social problem that has left no state or country immune to its effects. Literature indicates that human trafficking causes economic social and physical disruptions. Families are left broken and communities divided and children left homeless. Its victims are mostly women and children who come from low socio-economic status. Studies have been conducted on the roles of Non-Governmental Organisation`s across the globe but reports on the roles of NGOs in the Eastern Cape are unknown. This study reports on the roles of Non-Governmental Organisation`s (caregivers) in the Eastern Cape. This investigation is an exploratory qualitative study. A purposeful sampling strategy was used to recruit the Non-governmental organization (caregivers). In depth open ended interviews were conducted. The theories of Interpretative Phenomenological Analysis (IPA) and socio-ecological theory were used to discuss the findings of the study. The findings of the study were categorized into four main themes including; knowledge of human trafficking, causes of human trafficking, roles of non-governmental organization (caregivers) in the Eastern Cape and strategies available in the Eastern Cape Province. The findings showed that human trafficking is present in the Eastern Cape. Abused and neglected children are more likely to become potential victims of human trafficking. The caregivers play a huge vital role in the fight against human trafficking. Lastly, the strategies implemented are not as effective as they would have been if adequate legislation was passed against human trafficking.

This research is aimed at evaluating the adequacy and effectiveness of the legal framework dealing with human trafficking in South Africa. To achieve this purpose, a comprehensive diachronic as well as contemporary overview of the punishment and prevention of human trafficking in South Africa as well as in the legal systems of the US, Germany and Nigeria is provided. An overview of the history of slavery and an analysis of the modern conceptualisation of human trafficking indicate that human trafficking is a highly complex concept, and that there are various approaches to the understanding of the concept of human trafficking. There are various definitions of trafficking found in international instruments of which the most important has been identified as that contained in the Palermo Protocol. The definitions vary also because trafficking is closely related to the phenomena of migration, slavery and smuggling of humans. The study further identifies some significant root causes of trafficking generally, as well as specific, to the four selected regions. It was found that in South Africa – similar to the history of slavery in the jurisdictions of the US, Germany and Nigeria – colonisation and the institution of slavery and, more particularly in South Africa, the legacy of the apartheid regime has had an impact on modern human trafficking. The research concedes that although common-law crimes, statutes and transitional legislation can be utilized to challenge some trafficking elements, these offences are not comprehensive enough to amply deal with the crime’s complexities and provide only a fragmented approach to combating the crime. The study shows that South Africa needs to adopt specific and comprehensive anti-trafficking legislation that is based essentially on the provisions of the Palermo Protocol, that is, the draft TIP Bill. Although the Bill is a major improvement on the provisions in the Palermo Protocol as well as on certain aspects of the anti-trafficking legislation in the US, Germany and Nigeria, the Bill can still be improved, especially with regard to more effective victim assistance and the combating of local-specific vulnerability factors. Anti-trafficking efforts undertaken in the US, Germany and Nigeria which may be of value also for the adoption of anti-trafficking legislation, law enforcement and other strategies in South Africa, are further identified. iv The research further establishes also that international, regional and sub-regional instruments on trafficking and related aspects of trafficking provide guidelines for developing effective strategies to deal with trafficking within the region. The counter-trafficking strategies as found in treaties (including conventions), protocols, declarations and resolutions – those focussing specifically on combating trafficking and those with a human-rights focus – oblige states to prosecute traffickers, protect people vulnerable to trafficking as well as those already trafficked and create structures for prevention. Regional instruments specifically formulated to combat trafficking as well as instruments that make reference to the issue of trafficking in persons may further provide the basis for long-term strategies to combat human trafficking. However, it was found that although South Africa has adopted many cooperative mechanisms in the form of direct bilateral or multilateral agreements, as well as international and regional treaties and conventions, the jurisdiction has not as yet implemented comprehensive strategies to combat human trafficking. The introduction of legislation to combat human trafficking, and various other strategies envisaged in the TIP Bill and also recommendations suggested in this thesis, should be considered by parliament as a matter of priority. A comprehensive response to human trafficking which includes adequate protection of victims is required in terms of various constitutional imperatives identified in this research. / Criminal & Procedural Law / LL.D.

This research is aimed at evaluating the adequacy and effectiveness of the legal framework dealing with human trafficking in South Africa. To achieve this purpose, a comprehensive diachronic as well as contemporary overview of the punishment and prevention of human trafficking in South Africa as well as in the legal systems of the US, Germany and Nigeria is provided. An overview of the history of slavery and an analysis of the modern conceptualisation of human trafficking indicate that human trafficking is a highly complex concept, and that there are various approaches to the understanding of the concept of human trafficking. There are various definitions of trafficking found in international instruments of which the most important has been identified as that contained in the Palermo Protocol. The definitions vary also because trafficking is closely related to the phenomena of migration, slavery and smuggling of humans. The study further identifies some significant root causes of trafficking generally, as well as specific, to the four selected regions. It was found that in South Africa – similar to the history of slavery in the jurisdictions of the US, Germany and Nigeria – colonisation and the institution of slavery and, more particularly in South Africa, the legacy of the apartheid regime has had an impact on modern human trafficking. The research concedes that although common-law crimes, statutes and transitional legislation can be utilized to challenge some trafficking elements, these offences are not comprehensive enough to amply deal with the crime’s complexities and provide only a fragmented approach to combating the crime. The study shows that South Africa needs to adopt specific and comprehensive anti-trafficking legislation that is based essentially on the provisions of the Palermo Protocol, that is, the draft TIP Bill. Although the Bill is a major improvement on the provisions in the Palermo Protocol as well as on certain aspects of the anti-trafficking legislation in the US, Germany and Nigeria, the Bill can still be improved, especially with regard to more effective victim assistance and the combating of local-specific vulnerability factors. Anti-trafficking efforts undertaken in the US, Germany and Nigeria which may be of value also for the adoption of anti-trafficking legislation, law enforcement and other strategies in South Africa, are further identified. iv The research further establishes also that international, regional and sub-regional instruments on trafficking and related aspects of trafficking provide guidelines for developing effective strategies to deal with trafficking within the region. The counter-trafficking strategies as found in treaties (including conventions), protocols, declarations and resolutions – those focussing specifically on combating trafficking and those with a human-rights focus – oblige states to prosecute traffickers, protect people vulnerable to trafficking as well as those already trafficked and create structures for prevention. Regional instruments specifically formulated to combat trafficking as well as instruments that make reference to the issue of trafficking in persons may further provide the basis for long-term strategies to combat human trafficking. However, it was found that although South Africa has adopted many cooperative mechanisms in the form of direct bilateral or multilateral agreements, as well as international and regional treaties and conventions, the jurisdiction has not as yet implemented comprehensive strategies to combat human trafficking. The introduction of legislation to combat human trafficking, and various other strategies envisaged in the TIP Bill and also recommendations suggested in this thesis, should be considered by parliament as a matter of priority. A comprehensive response to human trafficking which includes adequate protection of victims is required in terms of various constitutional imperatives identified in this research. / Criminal and Procedural Law / LL. D.

The aim of conducting this research was to obtain a critical understanding of how the South African Police Service (SAPS), law enforcement (LE) and Non-Governmental Organisations (NGOs) understand the concept, policing of Trafficking in Persons (TIP). The study indicates different role players in the policing of TIP. The researcher explored the present and possible future cooperation between SAPS and NGOs in the Cape Town area. The development of policing and legal aspects concerning TIP was explored globally. Research indicates the necessity of a professional partnership approach between SAPS, LE and NGOs, in the policing of TIP. The researcher identified factors that inhibit the effectiveness of policing of TIP. These factors include among others the lack of training in the identification of TIP and lack of trust between role players. Recommendations to this effect and the implementation of the policing of TIP are made to all concerned, especially SAPS management. / Police Practice / M. Tech. (Policing)