DSD Mandate & Progress on the implementation of the

Prevention and Combating of Trafficking in Persons

Act, 2013 (Act No. 7 of 2013)

(The TIP Act)

Presentation to the Parliamentary Select Committee

on Social Services

16 February 2016

Purpose of the Presentation

To brief the Select Committee on Social Services on the draft regulations and directives of the Prevention and Combating of Trafficking in Persons Act (Act No.7 of 2013)

Presentation Outline Introduction & Background – Nature and extent of TIP in SA Trafficking Trends – Study findings The TIP Act Objects of the TIP Act Mandate of the DSD DSD Regulations in the TIP Act DSD Directives in the TIP Act DSD Progress in implementation of the Act Challenges

Introduction & BackgroundThe Nature & Extent of TIP in South Africa

The Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013) – hereafter referred to as the TIP Act

RSA’s obligations concerning the trafficking of persons in terms of international agreements

Gives effect to the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the UN Convention against Transnational Organised Crime, 2000.

Introduction & BackgroundThe Nature & Extent of TIP in South Africa

The crime, by its nature, is hidden and does not lend itself to the normal identification of victims by service providers and members of communities. Understanding of the acts of mobilization, means and exploitation processes and knowledge of the subject are imperative for communities and service providers.

The 1st piece of legislation that addresses the needs of the Victim Empowerment Programme and regulates measures to protect and assist victims of trafficking.

Introduction & BackgroundThe Nature & Extent of TIP in South Africa

The DSD Trafficking In Persons Policy Framework (TIP PF) is based on the obligations of the Prevention and Combating of Trafficking in Persons Act, 2013 (Act No.7 of 2013), hereafter refer to as TIP Act.

The TIP PF seeks to regulate the requirements and procedures that social service providers, organizations and institutions need to comply with when providing services to victims of TIP. Also addresses the management of the organization and non-compliance.

Introduction & BackgroundThe Nature & Extent of TIP in South Africa

According to the UNODC’s Global Report on Trafficking in Persons: Global Patterns (2012) “trafficking in persons is widespread worldwide and Africa is predominantly a region of origin for persons in trafficking”.

Molo Songololo research (2008) – “South Africa is seen as a source, transit and destination country for trafficking in persons”.

Allais (2004) “Women and children are most often victims of TIP and men are targeted in other instances”

Trafficking TrendsThe Nature & Extent of TIP in South Africa

UN Global Rpt (2012) Most common form is sexual exploitation (79%) and women trafficking other women is a norm in other countries. 18% for forced labour but not easily detected. 20% victims are children.

US Dept of State Rpt (2008) 800 000 trafficked across national borders annually and millions within borders of their own countries.

IOM S.A. Study Findings (2008)The Nature & Extent of TIP in South Africa

Recruitment from rural areas and informal settlements to Jhb, CT, Pta, Bloemfontein and Dbn urban centres.

Adolescent girls & young women leaving exploitative situations are vulnerable to the sex industry.

Boys under 18 lured into pornography. Men & boys recruited to farm labour. Children from CHHs, undocumented and those from poor rural

and informal settlements are vulnerable. Muti related crimes in Limpopo, Mpumalanga, KZN & FS.

THE TIP ACTThe Nature & Extent of TIP in South

DOJCD continued to coordinate activities towards the implementation of the Act. Collaboration in respect of the management of trafficking in persons matters has taken place at various levels.

Full implementation of the Act commenced on the 9th August 2015 following a proclamation by the Office of the State President on the 7th August and an earlier process of finalizing the regulations and directives by various government departments including DSD.

In his proclamation the State President announced that all the sections, except 15, 16 and 31(2)(b)(ii) which all speak to issuing of a visitor’s visa by DHA and repatriation of an adult victim, will be implemented.

OBJECTS OF THE ACT (a) to give effect to the Republic’s obligations concerning the trafficking in persons

in terms of international agreements;(b) provide for the prosecution of persons who commit offences referred to in the

Act and for appropriate penalties;(c) to provide for the prevention of trafficking in persons and for the protection of

and assistance to victims of trafficking;(d) provide services to victims of trafficking;(e) provide for effective enforcement measures; (f) Provide for the co-ordinated implementation, application and administration of

the Act, including the development of a draft national policy framework; and (g) Combat trafficking in persons in a co-ordinated manner.

Roles & Responsibilities of Departments1. Department of Justice & Constitutional Development Lead department in implementation of the Act Establishment of integrated information system for effective monitoringEnsure availability of resourcesProsecution of traffickers through the NPA2. South African Police ServicesDevelopment and issuing of national instructions Build capacity within the police service.

Roles & Responsibilities of Departments3. Department of International Relations and CooperationRepatriation of foreign victims4. Department of LabourDevelopment and issuing of directives on the manner in which labour inspectors should comply with the Act.5. Department of Home AffairsIssuing of temporary visas to foreign victims for the recovery and reflection periodAlso involved in repatriation

MANDATE OF DSD ON THE TIP ACT• To make provision for temporary safe care of TIP victims where they can be accommodated for short intervention before

referral to an accredited organization.• Accreditation of organizations and programmes to provide services to victims.• Identification and Protection of victims of Trafficking.• Assessment of victims of trafficking and issuing of a letter of recognition.• To report on services provided and data collected on adult victims of trafficking (both the national/international victims).• Funding of organizations within available resources.• Develop and monitor implementation of the Norms and Minimum Standards.• Ensure the availability of programmes and quality services for victims.• Conduct Developmental Quality Assurance (DQA).

MANDATE OF DSD ON TIP ACT Cont…• Ensure that Individual Development Plan (IDP) and Care Plans are in

place.• Develop Directives in collaboration with SAPS, NPA and Home

Affairs.• Assist in Repatriation of domestic and foreign victims of human

trafficking. (ISS involvement in dealing with foreign victims and South Africans trafficked abroad)

• Administration of the Act ( Contribute in development of National Policy Framework).

• Develop Regulations and Miscellaneous Matters.

REGULATIONS IN TERMS OF SECTION 43(3) OF THE PREVENTION AND COMBATING OF TRAFFICKING IN PERSONS ACT, 2013 (Act No. 7 of 2013)

In terms of Section 43(3) the Minister of Social Development must make regulations regarding the following:

•The manner in which victims of trafficking are to be assessed before the issuing of a letter of recognition by the provincial Heads of the Department of Social Development.

•The manner in which the provincial heads may withdraw the letter of recognition, the lodging of an appeal by the affected victim and the manner in which the MEC of Social Development must deal with the victim’s appeal.

REGULATIONS IN TERMS OF SECTION 43(3) OF THE PREVENTION AND COMBATING OF TRAFFICKING IN PERSONS ACT, 2013 (Act No. 7 of 2013) Cont…

• Development of a system of accreditation of organisations that provide services to victims of trafficking and specific programmes. Development of the norms and minimum standards for services, the circumstances in which the accredited organisations qualify for financial awards and the monitoring and evaluation system to maintain quality service for the victims.

• The manner in which victims are to be referred from Social Development to the Department of Home Affairs and to be returned back to their countries of origin or areas within the Republic of South Africa from where they were trafficked.

DIRECTIVES ISSUED IN TERMS OF SECTION 44(6) OF THE ACT

The Director-General: Social Development has, under section 44(6) of the Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013), to issue the directives on:

(a)the manner in which victims of trafficking must be identified, interviewed and treated, with particular attention to the vulnerability of children; and (b)the referral of victims of trafficking to social, health care and psychological services. In terms of section 44(11) the national instructions or directives must provide that adequate disciplinary steps are taken against any police official, prosecutor or other functionary who fails to comply with any duty imposed on him or her in terms of this Act or the national instructions or directives issued in terms of this Act.

DSD PROGRESS ON IMPLEMENTATION OF TIP ACT

ELEMENT PROGRESSSect 25(4) - Information Management Tool for Monitoring and Evaluation.

The VEP Information Management System has been finalized for electronic collection of data. Provinces are being trained.

Sect 40 - DSD Trafficking in Persons Policy Framework (TIP-PF)

Document was finalized in September 2013 and reviewed in 2014 to align the sections in the Policy with specific sections in the Act. All nine provinces were trained on the latest version between August and December 2015.

Sect 44(6) - DSD Directives connected to identification, interviewing and referral of TIP victims.

Document finalized in July 2014. Submitted to Parliament on 4 June 2015. Submission approved by the DG for publication of Directives in DSD website.

Sect 26(1)(2)(3) – Three models for accreditation and registration of service providers (1). Temporary safe care; 2. Accommodation, counselling & reintegration; 3. Rehabilitation & therapeutic services or Education & skills development). NB. Programme aimed at reception, care and development of a child in Models 2 & 3.

The three Models were developed and they form part of the TIP Policy Framework. Covered in the Policy Framework training.

DSD PROGRESS ON IMPLEMENTATION OF TIP ACT Cont…

ELEMENT PROGRESS

Sect 43(3) – DSD Trafficking in Persons Regulations.

Finalised and published in Gazette for public comments in March 2015. Submitted to Parliament on 4 June 2015. Published in Gazette on 23 October 2015 following announcement of full implementation of the Act which commenced on the National Women’s Day, 9th August 2015.

Sect 25 - Norms and Minimum Standards for Accredited Organisations

Developed and approved by DSD senior management. They form part of the Regulations in the Government Gazette.

Rehabilitation of victims trafficking in shelters (HWSETA accredited 9 Week Restoration and Healing Programme) Developed for rehabilitation of victims as they are always found to have been traumatized by the trafficking experience and have developed addiction to substances.

Service providers, mainly shelters, are being trained by provinces on the rehabilitation programme.

DSD PROGRESS ON IMPLEMENTATION OF TIP ACT Cont…

ELEMENT PROGRESSEducation and Awareness raising on the crime of trafficking

Provinces are continuously raising awareness through the GBV Command Centre, Everyday Heroes Brand, Qaphela! Introduced beginning of 2015. National DSD held a successful Round Table Discussion on 20 February 2015. The 16 Days Campaign in Wepener, FS, focused mainly of TIP as the town is situated on the border with Lesotho. Provinces held campaigns during the HT Week in Oct and 16 Days in Nov/Dec 2015.

Sect 24 - Accreditation of organisations to provide services to victims of trafficking.

Now that the Regulations were published in the Gazette all pre-accredited organizations (shelters) will be reassessed in terms of the Act. i.e. the 30 shelters that have been pre-accredited. (13 in 2010/11 and 17 in 2012/13). These shelters have been servicing TIP victims since 2010.

CHALLENGES• Identification and assessment of victims of human trafficking. Victims

trafficked for labour exploitation the most difficult to detect.

• Collection of data on victims.

• Security measures for shelters accommodating victims of trafficking need to be strengthened. High walls, electric fence, CCTV cameras, alarm system with panic buttons etc.

• Readiness of the provinces in implementing the TIP Act especially regarding human and financial resources.

• Shelter services for male victims.

PLANS TO MITIGATE CHALLENGES

Continuous capacity building for service providers. Training on the Victim Empowerment Management System (Data

collection). Six shelters were recommended for CARA funding to strengthen

their security measures. To bid for additional resources from Treasury. Mobilizing provinces to establish shelters for male victims

THANK YOU FOR THE OPPORTUNITY!