Trafficking in human beings: human rights and ... - unesdoc - Unesco

suffi ce to combat traffi cking – policy reforms regarding poverty, migration, gender issues
and involving civil society are all necessary in order to create a framework in which to
combat traffi cking. 16
exploitation of women and children in transit and destination countries. Provide adequate training
for all stakeholders: chief of communities, border offi cials, media, the judiciary and police offi cers to
become sensitive towards traffi cking offences, in particular with regard to the causes of traffi cking,
identifying cases of traffi cking and the prevention methods.
In South Africa: Defi ne precisely the crime of traffi cking in accordance with international standards,
and include expressly all exploitative practices covered by the international defi nition of traffi cking
such as debt bondage, forced labour, and forced prostitution; South Africa established specifi c offences
to criminalize traffi cking for sexual exploitation and child traffi cking for a wide range of purposes. The
Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007 (Act No. 32 of 2007) serves
as the basis to fi ght the traffi cking of persons for purposes of sexual exploitation, while the Children’s Act
2005 (Act No. 38 of 2005) can be used to prosecute cases of child traffi cking. In addition, the South African
Constitution of 1996 prohibits slavery, servitude and bonded labour. Comprehensive legislation based on
the UN Traffi cking Protocol has been drafted and is due to be passed by parliament in 2009 (UNODC
Global Report on Traffi cking in Persons 2008, p. 127).Prioritize the fi ght against human traffi cking as
an issue to be incorporated in the Millennium Development Goals (MDG); Ensure that defi nitions
of traffi cking refl ect the need for special safeguards and care for children, including appropriate legal
protection; Ensure that traffi cked persons are not punished for any offences or activities related to
their having been traffi cked, such as prostitution and immigration violations; Ensure that victims of
traffi cking are protected from summary deportation, or return where there are reasonable grounds to
suspect that such return would present a signifi cant security risk to the traffi cked person or to his/her
family; Consider temporary or permanent residency in countries of transit or destination (refl ection
delay) for traffi cking victims in exchange for testimony against alleged traffi ckers, or on humanitarian
and compassionate grounds; Ensure that victims of traffi cking are offered the possibility of obtaining
compensation for damages suffered; Provide for proportional criminal penalties to be applied to persons
found guilty of traffi cking in aggravating circumstances, including offences involving traffi cking in
children or offences committed or involving complicity by State offi cials; and Proceeds of traffi cking,
and related offences, to be used for the benefi t of traffi cked persons.
For Mozambique: National legislation on traffi cking in persons should, at a minimum: defi ne precisely
the crime of traffi cking in accordance with international standards, and include expressly all exploitative
practices covered by the international defi nition of traffi cking such as debt bondage, forced labour,
and forced prostitution; Mozambique adopted specifi c legislation on traffi cking in persons in April 2008.
Before that, provisions in the criminal code concerning the violation of labour laws, abduction or kidnapping
were used to prosecute some forms of traffi cking in persons. A National Action Plan for Children, which
considers many forms of child abuse, was adopted by the Social Welfare Ministry. (UNODC Global Report
on Traffi cking in Persons 2008, p. 125) ensure that defi nitions of traffi cking refl ect the need for special
safeguards and care for children, including appropriate legal protection; ensure that traffi cked persons
are not punished for any offences or activities related to their having been traffi cked, such as prostitution
and immigration violations; ensure that victims of traffi cking are protected from summary deportation,
or return where there are reasonable grounds to suspect that such return would present a signifi cant
security risk to the traffi cked person or to his/her family; consider temporary or permanent residency
in countries of transit or destination (refl ection delay) for traffi cking victims in exchange for testimony
against alleged traffi ckers, or on humanitarian and compassionate grounds; ensure that victims of
traffi cking are offered the possibility of obtaining compensation for damages suffered; provide for
proportional criminal penalties to be applied to persons found guilty of traffi cking, including offences
involving traffi cking in children or offences committed or involving complicity by State offi cials; and
proceeds of traffi cking, and related offences, to be used for the benefi t of traffi cked persons.
16 See e.g. UNESCO: Human Traffi cking in South Africa: Root Causes and Recommendations,
p. 56-60.
15