This study was conducted with the aim to critically analyse how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa. In this study the researcher conducted a review of pertinent literature, both international and national, to gain an understanding of the problem being researched. The explanatory sequential mixed-method design was used with the main purpose to use the qualitative data to help explain in more detail the initial quantitative results obtained. The explanatory sequential mixed-methods design assisted the researcher to follow a procedure whereby the mixed-mode survey design was applied to collect data through questionnaires. These questionnaires were in the form of mailed, self-administered surveys and in-person interviews with human trafficking provincial coordinators, police officials and investigators of human trafficking within the nine provinces country wide during the first quantitative phase of this study. The data were analysed and followed up during the second qualitative phase with interview schedules that were used in semi-structured one-on-one interviews with the following persons: police investigators working at the SAPS organised crime units who dealt with and investigated cases of human trafficking where victims were trafficked for sexual exploitation; state prosecutors working at the National Prosecuting Authority who dealt with, identified and prosecuted human trafficking cases where victims were trafficked for sexual exploitation in South Africa; NGOs who work in the field of counter-trafficking and victim assistance; and an international police investigator who dealt with, identified and investigated human trafficking cases where victims were trafficked for sexual exploitation. The researcher is of the opinion that this study (analysing how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa) presents a significant contribution to the identification of human trafficking for sexual exploitation incidents in South Africa and subsequently presents practical guidelines that can be used during the identification of this phenomenon in South Africa. SUMMARY “Modern slavery – be it bonded labour, involuntary servitude, or sexual slavery – is a crime and cannot be tolerated in any culture, community, or country... [It] is an affront to our values and our commitment to human rights.” (US Secretary of State Hillary Rodham Clinton, US Department of State, Trafficking in Persons Report, 2010) This study was conducted with the aim to critically analyse how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa. In this study the researcher conducted a review of pertinent literature, both international and national, to gain an understanding of the problem being researched. Relevant international legislation which informs South African legislation was accordingly considered in order to explain the current legal framework that forms the foundation to address this problem. A survey was conducted to gain insight into the phenomenon of human trafficking in South Africa. Thereafter interviews were conducted in order to understand the meaning provided by individuals to the problem researched. The researcher also explored how the federal police in Australia address the specific problem relating to the identification and investigation of human trafficking, as they have appointed a leading human trafficking task team focusing on this phenomenon in specific. Links and associations were identified through the knowledge and facts gained in this study, exploring past events and theories developed from former research relating to this topic. This formed the foundation of the study in order to describe and explain future application of findings emanating from this research. The explanatory sequential mixed-method design was used with the main purpose to use the qualitative data to help explain in more detail the initial quantitative results obtained. The explanatory sequential mixed-methods design assisted the researcher to follow a procedure whereby the mixed-mode survey design was applied to collect data through questionnaires. These questionnaires were in the form of mailed, self-administered surveys and in-person interviews with human trafficking provincial coordinators, police officials and investigators of human trafficking within the nine provinces country wide during the first quantitative phase of this study. The data were analysed and followed up during the second qualitative phase with interview schedules that were used in semi-structured one-on-one interviews with the following persons: police investigators working at the SAPS organised crime units who dealt with and investigated cases of human trafficking where victims were trafficked for sexual exploitation; state prosecutors working at the National Prosecuting Authority who dealt with, identified and prosecuted human trafficking cases where victims were trafficked for sexual exploitation in South Africa; NGOs who work in the field of counter-trafficking and victim assistance; and an international police investigator who dealt with, identified and investigated human trafficking cases where victims were trafficked for sexual exploitation. Through a critical analysis of the identification process of the phenomenon of human trafficking for sexual exploitation, the purpose of this research was to gain a better understanding of this phenomenon and establish, develop and provide practical guidelines, procedures and recommendations to the South African Police Service to identify these cases more successfully. The specific research objectives and research questions answered in this study to address the research aim were divided into five categories:  Explore and describe the phenomenon of human trafficking.  Determine the nature and extent of the legal arena to criminalise human trafficking, to prevent human trafficking, and to protect trafficking victims upon which South African legislation is based.  Explain how the identification of the phenomenon of human trafficking fits into the policing process.  Explore the current situation regarding the procedures followed to identify the phenomenon of human trafficking for sexual exploitation.  Develop practical guidelines, procedures and recommendations for police officials to identify human trafficking for sexual exploitation incidents more successfully. The trafficking of women and children for commercial sexual purposes lies in the expansion and ever growing sexual entertainment industry, which is most importantly a demand-driven phenomenon. The exploitation of victims for profit through the use of force, fraud or coercion remains the common denominator of this crime and the trade of human beings continues to evolve into new and more multifaceted forms of exploitation, using debt contracts and other means to coerce people for the purpose of profit gain. Women and children are perceived as the most exploitable and controllable and therefore are deemed to be the most in demand to contribute to this expanding and very competitive economic market driven by maximum profit. It is imperative and fundamental to have an understanding of the trafficking of persons as a crime committed against an individual and therefore it is of the utmost importance that police personnel serving in the South African Police Service (one of the key role players within the Criminal Justice System), are conversant with the means of trafficking, what it constitutes and what attributes and features this phenomenon includes. Through the development of practical guidelines, procedures and recommendations for police officials to identify human trafficking for sexual exploitation incidents more successfully, data obtained from both literature and interviews contributed immensely in the identification of incidents of human trafficking in order to prevent and address this crime successfully. The researcher is of the opinion that this study (analysing how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa) presents a significant contribution to the identification of human trafficking for sexual exploitation incidents in South Africa and subsequently presents practical guidelines that can be used during the identification of this phenomenon in South Africa. / Police Practice / D. Litt. et Phil. (Police Science)

Este trabalho visa apresentar uma breve contextualização dos desafios e perspectivas do Estado brasileiro na construção de políticas públicas de enfrentamento ao tráfico de pessoas. Trata-se de um caleidoscópio matizado por vivências práticas e teóricas delineadas por cenários onde atua o Estado neoliberal, que replica a lógica do capitalismo, transformando o ser humano em mercadoria de consumo. Porém, à margem das instituições, surgem movimentos que resignificam o presente por meio da produção de, no dizer de Boaventura de Sousa Santos (2000), subjetividades rebeldes que se deslocam através de uma ecologia de saberes reificando um ideal de presente e de futuro, uma vez que traz à evidência da dimensão emancipatória da modernidade diante do projeto de um novo contrato social, mais inclusivo e igualitário.A hipótese norteadora deste trabalho constitui-se pela afirmação de que a Política e o II Plano Nacional de Enfrentamento ao Tráfico de Pessoas não estão sendo capazes de produzir e articular políticas públicas anti-tráfico humano que estejam focadas na proteção integral dos violados. / The present work highlights the challenges and prospects for Brazilian state to cope human trafficking through public policies. The paper is a nuanced kaleidoscope for practical and theoretical experiences outlined in a neoliberal state scenario that replicates the logic of capitalism that turns humans into consumer goods. However, away from governmental institutions, emerge movements reframing this situation. We realise the production of \"rebels subjectivities\" - quoting the term coined by the theoretical Boaventura de Sousa Santos - moving through an ecology of knowledge\" reifying an ideal present and future for this social phenomenon. It brings to evidence the emancipatory dimension of modernity towards a project of a new social contract, more inclusive and egalitarian for all human beings. The guideline hypothesis of this work is that the Brazilian Public Policy and the II National Plan to Combat Trafficking in Persons are not being able to produce and coordinate public policies focused on full protection of victims.

The dissertation offers a complex insight into the workings of provisions regarding the policy in the area of combating human trafficking with a focus on the tools which should guarantee access to justice for victims of human trafficking in the Czech Republic. By means of an event analysis covering the years 1993-2013 and using the theoretical premises of Actor-Centred Institutionalism and Social Construction of Target Groups, the paper shows that most institutions and actors active in the observed area of the policy are primarily focused on criminal repression rather than the rights and needs of human trafficking victims. Even the position of the victim is rather weak in the observed segment of the policy in comparison to the declaratory stances. In relation to actors and institutions, the position of the victims is strengthened by the Act on Social Services and weakened, besides other things, by several institutionalized uses of the human trafficking concept. In practice, the group which reaches help and rights is narrowed by them, and, at the same time, they act as an uncertainty factor in the work of Law Enforcement Authorities and other actors. A part of the dissertation is comprised of recommendations, which proceed from a theoretical base of public policy as well as an extensive critical...

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.

En Amérique du Nord, la lutte contre la traite d'êtres humains s'avère d'une grande complexité. Les États doivent développer les stratégies nécessaires pour faire face aux multiples manifestations qui accompagnent le phénomène et exigent une approche holistique, interdisciplinaire et à long terme. Les stratégies nord-américaines de prévention de la traite comportent plusieurs lacunes qui vulnérabilisent certains groupes. Tandis que les mesures déjà en place s'attaquent peu aux causes premières du phénomène, plusieurs réformes essentielles afin de diminuer la vulnérabilité de ces personnes, notamment l'assouplissement des politiques migratoires restrictives, tardent à être implantées. Parallèlement, les stratégies de protection présentent des lacunes qui augmentent les risques de revictimisation des victimes de traite d'êtres humains. D'une part, les autorités n'identifient pas adéquatement toutes les victimes. D'autre part, certaines victimes, bien qu'identifiées, se retrouvent sans protection, soit parce que celle-ci est accordée de façon conditionnelle, soit parce que les mécanismes d'assistance demeurent incomplets. / In North America, the fight against human trafficking is of the utmost complexity. In order to tackle the numerous aspects surrounding this phenomenon, States must develop strategies using a holistic, interdisciplinary and long term approach. North American trafficking prevention strategies comprise many deficiencies which cause certain groups of individuals to be more vulnerable. While the measures already in place fail to target the root causes of the phenomenon, many reforms essential to the diminution of those persons ' vulnerability, namely the alleviation of restrictive migration policies, have yet to take place. Similarly, deficiencies existing in protection strategies increase the risks of revictimisation of human trafficking victims. On the one hand, state authorities fail to adequately identify all the victims. On the other hand, some victims, although identified as such, remain without protection, either because it is granted on a conditional basis or because support mechanisms remain insufficient.

En Amérique du Nord, la lutte contre la traite d'êtres humains s'avère d'une grande complexité. Les États doivent développer les stratégies nécessaires pour faire face aux multiples manifestations qui accompagnent le phénomène et exigent une approche holistique, interdisciplinaire et à long terme. Les stratégies nord-américaines de prévention de la traite comportent plusieurs lacunes qui vulnérabilisent certains groupes. Tandis que les mesures déjà en place s'attaquent peu aux causes premières du phénomène, plusieurs réformes essentielles afin de diminuer la vulnérabilité de ces personnes, notamment l'assouplissement des politiques migratoires restrictives, tardent à être implantées. Parallèlement, les stratégies de protection présentent des lacunes qui augmentent les risques de revictimisation des victimes de traite d'êtres humains. D'une part, les autorités n'identifient pas adéquatement toutes les victimes. D'autre part, certaines victimes, bien qu'identifiées, se retrouvent sans protection, soit parce que celle-ci est accordée de façon conditionnelle, soit parce que les mécanismes d'assistance demeurent incomplets. / In North America, the fight against human trafficking is of the utmost complexity. In order to tackle the numerous aspects surrounding this phenomenon, States must develop strategies using a holistic, interdisciplinary and long term approach. North American trafficking prevention strategies comprise many deficiencies which cause certain groups of individuals to be more vulnerable. While the measures already in place fail to target the root causes of the phenomenon, many reforms essential to the diminution of those persons ' vulnerability, namely the alleviation of restrictive migration policies, have yet to take place. Similarly, deficiencies existing in protection strategies increase the risks of revictimisation of human trafficking victims. On the one hand, state authorities fail to adequately identify all the victims. On the other hand, some victims, although identified as such, remain without protection, either because it is granted on a conditional basis or because support mechanisms remain insufficient.

Human trafficking is an old practice that has become a matter of global concern irrespective whether a country is a country of origin where people are trafficked from; a country of transit where people are trafficked through and a country of destination where people are trafficked to. In 2009, the UN Office on Crime and Drugs stated that 66% females, 22% of children and 12% of men are trafficked. In Africa, human trafficking is identified as a problem in roughly one in three of the countries. According to the Salvation Army, at least 2,000,000 people are trafficked each year and of the estimated number, Africa accounts for 450,000. Furthermore, statistics reveal that 30% of cases handled by the Southern Africa Counter-Trafficking Assistance Programme (SACTAP) involved SADC nationals. The purpose of this study was therefore to determine whether there is a need for an effective legislative response to human trafficking in SADC. This was established by tracing the evolvement of trafficking from its conceptualization as slavery to its evolvement to human trafficking. Further, by investigating the measures taken within the SADC region to address human trafficking both at the national and regional levels and a comparative study between different regions and between selected SADC countries was conducted. In the summary of key findings, it was found that the definition of human trafficking as laid out in the Palermo Protocol cannot sufficiently and adequately combat human trafficking in SADC countries in its current form due to a number of reasons. Furthermore, at the institutional level it was found that the Protocols adopted by SADC do not afford all victims of trafficking protection and the Plan of Action is non-binding and faces implementation problems. At SADC country levels it was found that although twelve of the fifteen countries adopted anti-trafficking legislation, these countries struggle with compliance and implementation mechanisms, which show, that mere passing of legislation does not automatically translate to compliance. This study therefore concluded by proposing a number of options that can be explored in order to effectively prevent, and combat human trafficking in SADC. Even though this study does not offer a blueprint solution, it contributes towards the development of a model that will better be suited to address human trafficking problems at the SADC level. / Public, Constitutional and International Law / LL. M.

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.

Les espaces maritimes font l’objet de nombreuses atteintes qui mettent en péril leur sécurité. Les faits illicites des États d’une part, et l’accroissement de la criminalité d’autre part, sont de nature à faire peser des risques dommageables importants pour la sécurité de la navigation, du milieu marin et des utilisateurs de la mer. Le Chapitre VII de la Charte des Nations Unies, qui n’a pas en principe pour vocation la protection de la sécurité maritime, est régulièrement mis en oeuvre par le Conseil de sécurité en mer au cours de ses missions de maintien de la paix. A cet effet, il arrive parfois qu’il participe indirectement par ricochet à la protection des espaces maritimes contre les faits illicites des États à cette occasion. Au cours de cette dernière décennie le Conseil de sécurité utilise également le Chapitre VII pour directement protéger les espaces maritimes contre les actes de criminalité qui s’y produisent. Il se dégage ainsi une pratique ambivalente du Conseil de sécurité de mise à disposition du Chapitre VII au service de la sécurité maritime qui est révélatrice d’une contribution du droit de la sécurité collective à la consolidation du droit de la mer. / Maritime areas are subject to many violations that represent real threats to them. Wrongful Acts of States on the one hand, and the increasing number of crimes on the other hand, contribute to endanger the safety of the navigational system, but also of the marine environment and of the sea users. Although, its main purpose is not to take care of the maritime security, the Chapter VII from the Charter of the United Nations is often used by the Security Council, when they implement peace-keeping missions.Therefore, it can sometimes indirectly participate and protect maritime areas from the wrongful acts committed by some States. During the last ten years, the Security Council has also resorted to Chapter VII in order to protect the maritime areas from the criminal acts that take place there. The impression which emerges from this is that of an ambivalent policy, which is indicative of the collective security’s contribution to the Law of the Sea.

No description available.