The transatlantic slave trade has been outlawed for more than 200 years.
However, could it be that slavery still exists, but in a modern form, namely
that of human trafficking for various exploitative purposes?
Investigating the combating of human trafficking from a legal
perspective is a relatively new research field in South Africa. Therefore,
this study, having identified the gap in research on the current South
African legal response to combating human trafficking, strives to make a
contribution to the body of research on this issue.
The aim of the study is threefold: first, to provide a better understanding
of the multifaceted human trafficking crime; secondly, to clarify
obligations to combat human trafficking contained in relevant
international and African regional instruments; and, thirdly, to analyse
the South African legal response for combating trafficking and to assess
whether this response complies with the identified international and
African regional obligations.
The objectives of the research are designed to realise the threefold aim.
As regards the first part of the aim, the objective is to describe and
clarify important issues relating to human trafficking. This is in line with
the reasoning of Gould1 that an in-depth knowledge of the human
trafficking phenomenon is vital for the purpose of an effective response. To realise the second part of the aim, the objective is to review the
historical development of relevant international and African regional
instruments in order to identify, categorise and, as far as possible,
synthesise obligations to combat human trafficking.
Unlike many other studies, the present study draws obligations and
recommended directives and guidelines for combating this crime from
the broader framework of instruments relevant to human trafficking, and
not only from the landmark treaty on human trafficking, namely the
United Nations Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children (Palermo Protocol).
As regards the last part of the aim, the objective is twofold. First, the
current South African legal framework applicable to human trafficking is
described and analysed. This framework comprises three components:
existing general laws that may be applicable to some human trafficking
activities; the first trafficking-specific legislative provisions as contained
in the Childrenâs Act 38 of 2005 and the Criminal Law (Sexual Offences
and Related Matters) Amendment Act 32 of 2007; and the
comprehensive anti-trafficking legislation proposed in the Prevention
and Combating of Trafficking in Persons Bill (B7-2010).
While the first part of the last objective maps out the South Africa antitrafficking
framework, the second part compares this framework with
international and African regional obligations pertaining to domestic
counter-trafficking responses. Finally, based on this comparison, To realise the second part of the aim, the objective is to review the
historical development of relevant international and African regional
instruments in order to identify, categorise and, as far as possible,
synthesise obligations to combat human trafficking.
Unlike many other studies, the present study draws obligations and
recommended directives and guidelines for combating this crime from
the broader framework of instruments relevant to human trafficking, and
not only from the landmark treaty on human trafficking, namely the
United Nations Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children (Palermo Protocol).
As regards the last part of the aim, the objective is twofold. First, the
current South African legal framework applicable to human trafficking is
described and analysed. This framework comprises three components:
existing general laws that may be applicable to some human trafficking
activities; the first trafficking-specific legislative provisions as contained
in the Childrenâs Act 38 of 2005 and the Criminal Law (Sexual Offences
and Related Matters) Amendment Act 32 of 2007; and the
comprehensive anti-trafficking legislation proposed in the Prevention
and Combating of Trafficking in Persons Bill (B7-2010).
While the first part of the last objective maps out the South Africa antitrafficking
framework, the second part compares this framework with
international and African regional obligations pertaining to domestic
counter-trafficking responses. Finally, based on this comparison,recommendations are made for enhancing the South African legal
response designed to combat human trafficking.
By realising the threefold aim of the study, the study can, it is submitted,
make a valuable contribution to research on combating human
trafficking in South Africa from a legal perspective. By making the
research available to the legal fraternity, such research may prove
useful in litigation, in the training of lawyers, and in future law reform.
The study may also be valuable in informing multidisciplinary
stakeholders and service providers dedicated to combating human
trafficking by contributing to a better understanding of the human
trafficking phenomenon. Lastly, the study may be of practical value to
other African countries that are in the process of drafting anti-trafficking
legislation conducive to the African context. These countries may find
some guidance in considering the road travelled by South Africa in the
search for comprehensive anti-trafficking legislation.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:ufs/oai:etd.uovs.ac.za:etd-10042011-114352 |
| Date | 04 October 2011 |
| Creators | Kruger, Hester Beatrix |
| Contributors | Adv L Stuurman, Prof T Verschoor, Prof H Oosthuizen |
| Publisher | University of the Free State |
| Source Sets | South African National ETD Portal |
| Language | en-uk |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://etd.uovs.ac.za//theses/available/etd-10042011-114352/restricted/ |
| Rights | unrestricted, I hereby certify that, if appropriate, I have obtained and attached hereto a written permission statement from the owner(s) of each third party copyrighted matter to be included in my thesis, dissertation, or project report, allowing distribution as specified below. I certify that the version I submitted is the same as that approved by my advisory committee. I hereby grant to University Free State or its agents the non-exclusive license to archive and make accessible, under the conditions specified below, my thesis, dissertation, or project report in whole or in part in all forms of media, now or hereafter known. I retain all other ownership rights to the copyright of the thesis, dissertation or project report. I also retain the right to use in future works (such as articles or books) all or part of this thesis, dissertation, or project report. |
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