scholarly journals CHEAP LIVES: Countering human trafficking - considerations and constraints

2006 ◽  
Author(s):  
Chandré Gould
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
South African ◽  
Sexual Exploitation ◽  
Law Reform ◽  
Clear Understanding ◽  
Law Enforcement Agencies ◽  
Discussion Paper ◽  
Public Comment ◽  
Women And Children

In May 2006 the South African Law Reform Commission released a discussion paper and draft legislation on human trafficking for public comment by the end of June this year. In order to successfully identify, investigate and prosecute cases of trafficking, law enforcement agencies need a clear understanding of what constitutes trafficking. But human trafficking is a slippery concept – frequently confused with human smuggling or used as a blanket term for the sexual exploitation of women and children. In evaluating national and international research on the issue, this article finds that understanding the extent and nature of the problem is complicated, not only by contending definitions, but also by the lack of representative data about trafficking nationally and internationally.

scholarly journals COUNTERING THE ‘SCOURGE’: The time for evidence and reason on human trafficking

2016 ◽  
Author(s):  
Chandré Gould
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
South African ◽  
Sex Work ◽  
Large Scale ◽  
Sexual Exploitation ◽  
State Intervention ◽  
Depth Study ◽  
Women And Children ◽  
African Media

Since the late 1990s South African media have drawn attention to the problem of human trafficking and called for state intervention to stop the practice. Reports by several non-governmental organisations have referred to the growing plague of human trafficking, particularly that of women and children for purposes of sexual exploitation. A recent, in-depth study of the sex work industry in Cape Town by the ISS and SWEAT calls into question allegations that there is large-scale trafficking into the sex work industry and suggests that a law enforcement approach may not be the most appropriate way to counter the problem.

PERSEFEKTIF IN HUMAN TRAFFICKING CRIME LAW NUMBER 39 OF 1999 ON HUMAN RIGHTS CASE AGAINST CHILD TRAFFICKING IN MEDAN

2020 ◽  
Vol 2 (1) ◽  
pp. 46-51
Author(s):  
Ida Monika Putu Ayu Dewi
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Criminal Law ◽  
Sexual Exploitation ◽  
Trafficking In Persons ◽  
The People ◽  
Public Company ◽  
Legal Sanctions ◽  
Women And Children ◽  
Human Rights Violation

Laws are the norms that govern all human actions that can be done and should not be carried out both written and unwritten and have sanctions, so that the entry into force of these rules can be forced or coercive and binding for all the people of Indonesia. The most obvious form of manifestation of legal sanctions appear in criminal law. In criminal law there are various forms of crimes and violations, one of the crimes listed in the criminal law, namely the crime of Human Trafficking is often perpetrated against women and children. Human Trafficking is any act of trafficking offenders that contains one or more acts, the recruitment, transportation between regions and countries, alienation, departure, reception. With the threat of the use of verbal and physical abuse, abduction, fraud, deception, abuse of a position of vulnerability, example when a person has no other choice, isolated, drug dependence, forest traps, and others, giving or receiving of payments or benefits women and children used for the purpose of prostitution and sexual exploitation. These crimes often involving women and children into slavery. Trafficking in persons is a modern form of human slavery and is one of the worst forms of violation of human dignity (Public Company Act No. 21 of 2007, on the Eradication of Trafficking in Persons). Crime human trafficking crime has been agreed by the international community as a form of human rights violation.  

The History of the Global Anti-Human Trafficking Agenda, with a Focus on Prostitution and Sexual Exploitation

2021 ◽  
pp. 151-161
Author(s):  
Heli Askola
Keyword(s):  
Human Trafficking ◽  
Sexual Exploitation ◽  
Early History ◽  
White Slavery ◽  
Government Organizations ◽  
Trafficking In Women ◽  
Recent Developments ◽  
History Of ◽  
Women And Children ◽  
International Instruments

Heli Askola examines the early history of international instruments for the suppression of the trafficking in women and children involved in so called ‘white slavery’ as precursors to the more recent developments relating to human trafficking. She challenges the notion of the linear progression in the development of the law and illustrates that the contests between various NGOs and government organizations meant that this development was neither smooth nor uncontested.

scholarly journals Reversing the 'syndrome of secrecy': Peremptory reporting obligations in cases of child abuse and neglect

2021 ◽  
Author(s):  
Mildred Bekink
Keyword(s):  
Child Abuse ◽  
Law Enforcement ◽  
Child Maltreatment ◽  
South African ◽  
Child Abuse And Neglect ◽  
Mandatory Reporting ◽  
Law Enforcement Agencies ◽  
Abuse And Neglect ◽  
Reporting Laws ◽  
Do So

ABSTRACT Mandatory reporting laws are a controversial mechanism that require members of particular occupations to report cases of serious child maltreatment that they encounter in the course of their work to welfare or law enforcement agencies. In April 2019 a video went viral in which a woman filmed her colleague beating toddlers at a crèche in Gauteng. The crèche was closed, and arrests were made, including of the videographer. Given extent of violence and abuse against South African children, this paper investigates whether South African law adequately provides for the liability of those compelled to report child abuse but who fail to do so, why mandated reporters fail to report abuse, and how South Africa's mandatory reporting rules should be amended to better serve their purpose.

scholarly journals The Relevance of Theology and Legal policy in South African society in connection with violence against women

2021 ◽  
Vol 45 (1) ◽  
Author(s):  
Doniwen Pietersen
Keyword(s):  
Law Enforcement ◽  
South African ◽  
Violence Against Women ◽  
Well Being ◽  
African Society ◽  
Law Enforcement Agencies ◽  
South African Society ◽  
Faith Based ◽  
Care Approach ◽  
The Church

The theological question raised in this article violence against women theologically, drawing and incorporating the South African government’s response to it in terms of legislation and policing strategies and the need for greater participation of communities to combat gender-related crimes. The caretaker approach of the church as the custodian of the Hebrew Bible was also highlighted. Even though a church-based care approach may be limited, it still has the potential to support the efforts of law-enforcement agencies. When women in communities do not feel safe and fear violence at the hands of men, they are forced to resort to the state to provide protection. Crime, including crime against women, draws on insecurities about the level of safety and well-being in communities. It cannot be prevented or eliminated by the police alone but by the concerted collaboration of the private sector, NGOs, faith-based organisations such as churches and the community itself.

scholarly journals Should South Africa Criminalise Ukuthwala Leading to Forced Marriages and Child Marriages?

2021 ◽  
Vol 24 ◽  
pp. 1-27
Author(s):  
Lea Mwambene ◽  
Roberta Hlalisa Mgidlana
Keyword(s):  
South Africa ◽  
South African ◽  
Field Research ◽  
Law Reform ◽  
Cultural Significance ◽  
Discussion Paper ◽  
Awareness Campaigns ◽  
Research Findings ◽  
Public Consultations ◽  
Research Show

In 2014 the South African Law Reform Commission (SALRC)released a Discussion Paper on the practice of ukuthwala. TheDiscussion paper was revised and released again in 2015 toinclude public consultations and the proposed Prohibition ofForced Marriages and Child Marriages Bill (Prohibition Bill). TheProhibition Bill introduces an expanded crime of forcedmarriages and child marriages, including because of ukuthwala.In view of the SALRC's proposed Prohibition Bill, this paperinvestigates whether South Africa should criminalise ukuthwalaor not. The paper also examines the advantages anddisadvantages of criminalising breaches of ukuthwala in theprotection of women and girls affected by the practice by drawingupon the field research findings from the community where theS v Jezile 2015 2 SACR 452 (WCC) case originated. Amongother findings, the field research show that the practice ofukuthwala is deeply rooted in the communities where it is stillprevalent to the extent that the approach taken by the ProhibitionBill, expecting the victims to report their own parents or familymembers to law enforcement agents, might force the practice togo underground. Ultimately, we suspect that this might make itmore difficult to protect women and children's rights violationsassociated with ukuthwala. We therefore recommend that toeffectively address the malpractices surrounding ukuthwala, theprocess of law reform look at the elements of ukuthwala, theprocedure that is followed, appreciate the cultural significance ofthe practice, as well as understand the merits and demerits ofthe customary delictual claims that are already used bycommunities where processes of the practice have beenbreached. In this way, communities will be more receptive to anygovernment's efforts that are aimed at addressing forced andchild marriages linked to ukuthwala. In addition, we submit thatunless government prioritises awareness campaigns into thecommunities that are going to be affected by the proposed lawreform, such law, will again be what Himonga calls "paper law".

scholarly journals COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN: AN EFFORT OF HANDLING AND LEGAL PROTECTION

2019 ◽  
Vol 8 (2) ◽  
pp. 330
Author(s):  
Devi Rahayu ◽  
Syamsul Fatoni
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Sexual Exploitation ◽  
Legal Protection ◽  
Primary Data ◽  
Commercial Sexual Exploitation ◽  
Law Enforcement Agencies ◽  
Governmental Organization ◽  
Interview Method ◽  
Broken Home

<p>This article examines efforts to protect and deal with government, law enforcement agencies and assistants or NGOs in preventing and eradicating commercial sexual exploitation of children (CSEC). In Indonesia there are many child trafficking in border areas and cities like Surabaya, which are identified as sending, transit and destination cities. The research type used is  the juridical empirical study namely the effectiveness research of regulations enforcement on child protection. Primary data obtained from experience experienced by children and the family, law enforcement, government and companion Non Governmental Organization (NGO). Data collection techniques carried out by the interview method and FGD. The results showed that the commercial sexual exploitation of children is an act of human trafficking because the purpose of sexual action is to obtain money or other goods with the children, sex service users, liaison and related parties. The highest educated victims of Commercial Sexual Exploitation of Children (CSEC) are high school and are in an economically inadequate condition, broken home, and the influence of uncontrolled social media.</p><p> </p>

scholarly journals Tinjauan Literatur Pemerdagangan dan Eksploitasi Kanak- Kanak di Asia Tenggara

2018 ◽  
Author(s):  
NORRUZEYATI CHE MOHD NASIR ◽  
MOHAMMAD RAHIM KAMALUDDIN
Keyword(s):  
Human Trafficking ◽  
Sexual Exploitation ◽  
High Risk Group ◽  
Early Marriage ◽  
Child Victims ◽  
International Labor Organization ◽  
Child Trafficking ◽  
Debt Bondage ◽  
Women And Children ◽  
Forced Labour

Human trafficking is a modern form of slavery and organized crime that violates human rights and threatens public and national security. The International Labor Organization (ILO) estimates that there are 40.3 million people have been the victims of human trafficking, with the majority of them are women and children. Children are the most vulnerable and high risk group to be sexually exploited through child marriage and economically exploited as forced labour and beggars. The establishment of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children in 2000, was an international effort to combat this crime. Countries in Southeast Asia are also confronted with this crisis especially involving children and have been identified either as a source, destination or transit countries in the case of human trafficking. While the issue is very alarming, the accurate assessment of child victims is yet to be found due to the clandestine nature of the crime. There are many factors such as poverty, debt bondage, traditional practices that encourage early marriage, low level of education, fraudulent documents and collaboration between the recruiter and family, leader or related agencies have contributed significantly towards the existing child trafficking and sexual exploitation issues. This articles aims to present issues pertaining to child trafficking and exploitation. With that in mind, the current study employs library research as a research design in order to gather information from various sources such as journal articles, books, reports, and conference proceedings. It is highly expected that this article would provide exposure and in-depth understanding regarding child trafficiking and exploitation to related agencies. In-depth understanding is vital to develop related policies and guidelines to curb this transnational crime.  

scholarly journals HUMAN TRAFFICKING AND PROSTITUTION: BAND OF BROTHERS

2009 ◽  
Author(s):  
Louis Botha ◽  
Delene Strydom
Keyword(s):  
South Africa ◽  
Human Trafficking ◽  
South African ◽  
Sexual Offences ◽  
World Cup ◽  
Full Compliance ◽  
Task Team ◽  
Women And Children ◽  
Global Initiative ◽  
Palermo Protocol

On 14 December 2000 South Africa signed the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (‘the Palermo Protocol’), and on 20 February 2004 ratified it. In so doing, South Africa committed itself to criminalising trafficking and developing legislation to combat it. On 3 October 2007 Essop Pahad, speaking at the Global Initiative to Counter Human Trafficking International Forum, said the National Prosecuting Authority had been tasked with coordinating this process and had formed an inter-sectoral task team to oversee the development of legislation. He further stated that provisions on trafficking had already been included in the Children's Bill and that the revised Sexual Offences Act would have a chapter dealing specifically with trafficking for sexual purposes. On 16 December 2007 the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 came into effect. It contains a chapter specifically dealing with trafficking as well as a section specifically addressing the issue of trafficking for sexual purposes. Although these provisions are only temporary, as they are not in full compliance with the Palermo Protocol, the South African government made an attempt to deal with the problem of trafficking, which up to that point had not been regulated by adequate legislation. In March 2009 Manto Tshabalala-Msimang, then Minister in the Presidency, stated that ‘the process of translating South Africa's international commitments into national legislation is at an advance (sic) stage’. In 2008 government considered the idea of legalising prostitution for the duration of the 2010 FIFA World Cup. If prostitution were legalised, either for the duration of the World Cup or at any time thereafter, it would contradict the provisions of Part 6 of Act 32 of 2007 and nullify the work that has been done in an attempt to curb this crime of trafficking.

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