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VI. Criminal Justice responses to the smuggling <strong>of</strong> migrants <strong>and</strong><br />
trafficking in persons, <strong>and</strong> links to Transnational Organised Crime<br />
A. Introduction<br />
95. South Africa recognises the existence <strong>of</strong> human<br />
smuggling activities. These crimes are perpetuated<br />
by transnational syndicates.<br />
B. Protocol against the smuggling <strong>of</strong> migrants<br />
96. The Government <strong>of</strong> South Africa has established<br />
an inter-departmental committee on the Transnational<br />
Organised Crime Convention (TOC) <strong>and</strong><br />
supplementary protocols. The Government has<br />
also conducted a study on smuggling <strong>of</strong> migrants<br />
that led to the development <strong>of</strong> a draft Green<br />
Paper on Smuggling <strong>of</strong> Migrants. In the interim,<br />
there is the Immigration Act, 2002, as well as the<br />
Prevention <strong>and</strong> Combating <strong>of</strong> Corrupt Activities<br />
Act, 2004, which are being used to address certain<br />
aspects relating to the smuggling <strong>of</strong> migrants.<br />
97. A bill to combat the smuggling <strong>of</strong> migrants is to<br />
be drafted in the near future.<br />
C. Protocol on trafficking in persons<br />
98. South Africa’s responses to dealing with human<br />
trafficking is illustrated with its signing <strong>and</strong><br />
ratifying <strong>of</strong> the Protocol to Prevent, Suppress <strong>and</strong><br />
Punish Trafficking in Persons, especially Women<br />
<strong>and</strong> Children.<br />
99. The South African Law Reform Commission<br />
(SALRC) was m<strong>and</strong>ated to investigate the issue <strong>of</strong><br />
trafficking in persons for purposes <strong>of</strong> law reform.<br />
The investigation was aimed at addressing trafficking<br />
in persons in the South African context<br />
by recommending legislative <strong>and</strong> non-legislative<br />
measures in order to facilitate the effective prosecution<br />
<strong>of</strong> traffickers <strong>and</strong> the protection <strong>of</strong> victims<br />
<strong>of</strong> trafficking. The SALRC has finalised its proposals<br />
which resulted in the tabling <strong>of</strong> a comprehensive<br />
Prevention <strong>and</strong> Combating <strong>of</strong> Trafficking in<br />
Persons Bill before Parliament in the middle <strong>of</strong><br />
March 2010. This Bill deals with human trafficking<br />
in all its manifestations. This will make a signifi-<br />
South Africa recognises the existence <strong>of</strong> human smuggling<br />
activities. These crimes are perpetuated by transnational<br />
syndicates.<br />
21 Country Report
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