sexual health and human rights in the african region - The ICHRP

(e) maintains or hires a person to engage in prostitution or pornography;
(f) adopts or facilitates the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labour, slavery, involuntary service
or debt bondage;
(g) recruits, hires, adopts, transports or abducts- (i) a person, by means of threat
or the use of force, fraud, deceit, violence, coercion or intimidation for the
purpose of removal or sale of organs of the person; or (ii) a child or a disabled
person for the purposes of engaging the child or disabled person in armed
activities. 627
The Tanzanian Act contains provisions for rescuing, rehabilitating and assisting
victims, including assisted repatriation. 628
[61] In South Africa, law that directly addresses human trafficking is to be found in
two pieces of legislation - Children’s Act of 2005 and the Sexual Offences Act of
2007. The Children’s Act incorporates the Palermo Protocol expressly by going
beyond merely stating that one of its purposes is to give effect to the UN
Protocol. 629 The Act says that: ‘The UN Protocol to Prevent Trafficking in Persons
is in force in the Republic of South Africa and its provisions are law in the
Republic, subject to the provisions of this Act’. 630 Effectively, therefore, the
Palermo Protocol, as it relates to the protection of children (but not adults)
against trafficking, has direct effect under South African domestic law. The legal
protection of children from trafficking is intended to comply faithfully with the
obligations of States Parries under the Palermo Protocol. Over and above
annexing the Palermo Protocol as a schedule to the Act, the Act does the
following by way of rendering South Africa compliant with its international law
obligations:
prohibits trafficking by natural or juristic persons 631
prohibits behaviour that facilitates trafficking 632
requires the state to assist victims of trafficking 633
provides for suspension of parental rights where there is reason to believe that a
parent has trafficked the child or facilitated trafficking 634
imposes a positive duty of referral where certain personnel working in the
sphere of immigration, social welfare, and health come into contact with a victim
of trafficking 635
627 Section 4(1) of the Anti-Trafficking in Persons Act (Tanzania).
628 Section 17-24 ibid.
629 Section 281 of the Children’s Act (South Africa).
630 Section 282 ibid.
631 Section 284 ibid.
632 Section 285 ibid.
633 Section 286 ibid.
634 Section 287 ibid.
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