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

equires the decision to repatriate a trafficked child to take into account the
possibility of further harm following repatriation 636
requires due assistance to be rendered to trafficked child who is to be repatriated,
including financial assistance 637
provides for the recognition as domestic crime, a trafficking crime committed
outside South Africa by a citizen or permanent resident of South Africa. 638
[62] The South African Sexual Offences Act of 2007 addresses trafficking, but only in
relation to trafficking for sexual exploitation. Section 70(1) of the Sexual Offences
Act says that the provisions of the Act relating to trafficking are transitional
pending adoption of legislation in compliance with Palermo Protocol. The Act
criminalizes trafficking for sexual exploitation using standards that are adopted
from the Palermo Protocol. A bill on human trafficking and not just trafficking
for sexual exploitation is currently before Parliament.
[63] The Nigerian Trafficking in Persons (Prohibition) Law Enforcement and
Administration Act of 2005 prohibits human traffic for exploitation. Section 50 of
the Nigerian Trafficking in Persons Act, which derives from article 3 of the
Palermo Protocol, defines trafficking as including:
…all acts and attempted acts involved in the recruitment, transportation within or
across Nigerian borders, purchase, sale, transfer, receipt or harbouring of a person
involving the use of deception, coercion or debt bondage for the purpose of placing
or holding the person whether for or not in involuntary servitude (domestic, sexual
or reproductive) in force or bonded labour, or in slavery-like conditions.
[64] The definition of trafficking under the Nigerian Trafficking in Persons Act is
intended to capture the particular types of intranational as well as international
trafficking that take place in Nigeria. Nigeria is a major source, transit and
destination for trafficked persons, with women and children as the most
trafficked persons. 639 While sexual exploitation is the main reason for
international trafficking, a holistic response to trafficking must also seek to
combat trafficking for economic exploitation within the country’s borders,
especially in the domestic, farm, mining and illegal drugs sectors as sexual
exploitation and economic exploitation often co-exist.
[65] The Nigerian Act establishes a National Agency for Prohibition of Traffic in
Persons. This Agency is charged with various functions that are intended to
implement and render the Act effective, including: enforcing and administering
the Act, through inter alia, investigating and prosecuting offenders; co-operating
635 Sections 288 and 289 ibid.
636 Section 290 ibid.
637 Section 290 of the Act.
638 Section 291 of the Act.
639 United States Department of States Report of 2001
182