Status quo report

“Programme of Assistance to the South Africa government to prevent, react to

human trafficking and provide support to victims of the crime”

(SA/002/05)

Ref. No: SA/21.031700-05-06

STATUS QUO REPORT

2 March 2010

Outline
1. Background
2. Legal framework

2.1 Human trafficking for sexual purposes

2.2 Human trafficking for forced labour and child labour

2.3 Human trafficking for child pornography

2.4 Human trafficking for removal of organs and body parts

2.5 Cross-cutting offences

2.6 Provisions enabling transnational jurisdiction
3. A coordinated response
4. Tsireledzani counter-trafficking programme

4.1 Deepened knowledge and understanding of trafficking

4.2 Coordination and cooperation

4.2.1 Provincial Task Teams

4.2.2 Case management

4.2.3 Regional coordination

4.3 Capacity building and development

4.3.1 Train-the-Trainer Manual

4.3.2 Interim Training Workshops

4.3.3 Monitoring and Evaluation

4.4 Public awareness and education, Prevention strategy

4.5 Audit and Evaluation

5. Challenges
6. Conclusion

1. Background
The resurfacing of slavery globally in the form of human trafficking due to amongst others, the prevailing socio-economic conditions, immigration patterns and organised criminal activity required urgent responses on the part of the South African government. In 2000, Molo Songololo, a non-governmental organisation focusing on child protection and child trafficking in the Western Cape, issued two research studies on internal trafficking for sexual exploitative practices, viz. ‘The Trafficking of Women into the South African Sex Industry’ and ‘The Trafficking of Children into the South African Sex Industry’.

South Africa signed the United Nations Convention against Transnational Organised Crime and its Supplementary Protocol to prevent, suppress and punish trafficking in Persons, especially women and children (‘Palermo Protocol’) which entered into force on 29 September 2003 and 25 December 2003 respectively, to ensure compliance with international standards to fighting human trafficking.

This action coincided with the conduct of research by the International Organisation for Migration (IOM) in 2003 into cross-border human trafficking for sexual exploitation, in instances where South Africa featured as a destination, transit or country of origin: ‘Seduction, Sale and Slavery: Trafficking in Women & Children for Sexual Exploitation in SA’.
The Tsireledzani programme, as it is now known, was conceptualised as a critical action in coordinating proactive and responsive initiatives against the re-emergence of human slavery.
2. Legal framework
The South African Law Reform Commission (SALRC) prioritised the translation of the international commitments into domestic legislation, as no such crime existed in the criminal justice system. Through various established processes, the Trafficking in Persons Issue Paper (Project 131) produced in March 2004 evolved into the current Prevention and Combatting of Trafficking in Persons Bill.
Practitioners have, however, been making use of a number of pre-existing legal provisions – and some which had to be created – to ensure that action could be taken in the transitional phase to fulfilling the international requirements.
2.1 Human trafficking for sexual purposes

As was the case then – and still is to this day – human trafficking for sexual exploitative purposes remains the most prevalent of this criminal activity. The narrow and outdated common law definition of rape and indecent assault as well as the Sexual Offences Act 23 of 1957 (s2: keeping a brothel, s9: parent/guardian procuring the defilement of child or ward, s10: procurement of a female, s11: conspiracy to defile, s12: detention for the purposes of unlawful carnal intercourse, s13: abduction, s14: sexual offences with youths and s20: living on the earnings of prostitution or assisting in the commission of indecent acts) - which were operative prior to the coming into effect of the transitional chapter 6 in the Criminal Law (Sexual Offences & Related Matters) Amendment Act 32 of 2007 on 16 December 2007 – were also used in respecting of human trafficking for sexual purposes.

The special protection requirements of children found expression in the Child Care Act 74 of 1983, as amended (s50: ill-treatment of a child, s51: unlawful removal of children, s50A: commercial sexual exploitation of children, s52A: prohibition on the employment of certain children) which were strengthened by the introduction of the Children’s Act 38 of 2005 in recognition of developments in this field .It is noteworthy that provisions which make it an offence to traffick children for any purpose in the Children’s Act 38 of 2005 have yet to come into operation.
2.2 Human trafficking for forced labour and child labour

Labour inspectors are empowered to act in terms of the Basic Conditions of Employment Act 75 of 1997 (BCEA) to prevent the continuation of forced labour against any person (s48 (1), while s43 (1) prohibits the employment of children who are (a) under 15 years of age or who are (b) under the minimum school leaving age stipulated in the South African Schools Act 84 of 1996)

Section 31 (3) of the South African Schools Act provides that “learners must attend school until the last school day of the year in which they reach the age of 15 or the ninth grade, whichever is the first”.
The BCEA provides further protection to employed children who are under the age of 18 years by requiring that they “may not be employed in work (a) that is inappropriate for (them) or (b) that places at risk the child’s well-being, education, physical or mental health or spiritual, moral or social development”.
2.3 Human trafficking for Child Pornography

In addition to evaluating and setting appropriate age-restrictions for films and other publications, the Films and Publications Board (FPB) exercises its mandate to in terms of the Films and Publications Act 65 of 1996, as amended to prevent the production and circulation of child pornography.

2.4 Human trafficking for removal of organs and body parts

The removal of organs and body parts which is not performed in terms of the Human Tissue Act 65 of 1983 is punishable by law.

2.5 Cross-cutting offences

The charges which can be framed, irrespective of which form of human trafficking is alleged, include kidnapping, abduction, assault (common & with intent to commit grievous bodily harm), murder, crimen iniuria. In cases of corruption, both the common law crime of extortion and the provisions of the Corruption Act 94 of 1992 find application.

The Prevention of Organised Crime Act 121 of 1998 has specific reference to patterns of criminal gang activity as evidenced by ‘offences occurring within 3 years of each other, either on the same occasion or on separate occasions’; patterns of racketeering activity‘ in relation to offences occurring within 10 years of each other, excluding any period of imprisonment’. This would include living on the earnings of prostitution (s 20(1) of Sexual Offences Act. Proceedings in terms of the civil and criminal asset forfeiture are outlined in Chapter 5 and 6 of the Act.
The Department of Home Affairs has embarked on a case management initiative to improve the management of immigration offences such as the violation of Asylum-seeker and permits in terms of the Refugee Act 130 of 1998. The other offences targeted are: the infringement of Immigration Act 13 of 1996, as amended with particular reference to Passports and Travel Documents Regulations, the provision of licence/authorisation to conduct business, letting/selling/making available immovable property, the facilitation of the business/profession/occupation, the facilitation of receipt of public services to illegal foreigners and the impersonation of an Immigration Officer.
2.6 Provisions enabling transnational criminal justice/jurisdiction

In addition to treaties and other agreements between countries, specific reference is made to the Extradition Act 67 of 1962 and the International Cooperation in Criminal Matters Act 75 of 1996 to facilitate the prosecution of alleged perpetrators of human trafficking in South Africa and the securing of evidence and witness testimony from other jurisdictions.

3. A coordinated response

At a one-day workshop hosted by the SOCA Unit on 6 December 2003, stakeholders were in agreement that the critical actions going forward in this arena were:

• 
  An audit the strategies being implemented against human trafficking, where they existed
  

• 
  The initiation of a discussion of the gaps and the mechanisms to be employed in closing those gaps
  
• 
  An assessment the impact of the absence of data and how this information could reliably be obtained
  
• 
  What the various role-players had been able to accomplish within the limited and almost non-existent policy and legal framework
  
• 
  An examination of the pros and cons of fast tracking interim legislation, while a more comprehensive investigation was being undertaken by the South African Law Reform Commission (SALRC)
  

A ten-member Trafficking in Persons Inter-sectoral Task Team (“the National Task Team”) was established: National Prosecuting Authority (SOCA Unit), Department of Justice and Constitutional Development (Legislation), SAPS (Organised Crime Unit and Ports of Entry Policing), Department of Home Affairs (Inspectorate), Department of Social Development (Victim Empowerment), Department of Labour (Employment Standards), International Organisation for Migration (IOM), Molo Songololo (non-governmental organization specialising in child protection) and United Nations Office on Drugs and Crime (UNODC).

The Border Control Operational Coordinating Committee (BCOCC), whose mandate is the coordination of operational activities by departmental role-players at land, sea and air ports of entries, has since become a member of the National Task Team.
Strategic framework (pillars)

1. Information (Research & Public Education)

2. Capacity Building & Development

3. Victim Support & Integration

4. Legislation & Policy Development

5. Monitoring and Evaluation

6. Liaison & Consultation
European Union Commission funding assistance

The European Union Commission (EC) approached the NPA with a proposal to fund the development of a three-year programme based on the strategic framework to the tune of Euro 6,3 million (exchange rate EUR 1 to R9, 5 as at November 2007). The budget allocations per Result Area are indicated below, with a remaining amount of Euro 177,000,00 allocated to “Contigencies”. The programme outputs would:

• 
  Ensure a deepened understanding of Human Trafficking in South Africa
  
• 
  Develop a multi-sectoral, coordinated prevention and response to trafficking
  
• 
  Increase public awareness and understanding of trafficking in SA and SADC Region
  
• 
  Contribute to better crime investigation and prosecution
  
• 
  Contribute to more effective assistance to victims of trafficking
  

The applicable Financing Agreement was signed by the EC in Brussels on 21 December 2005, however, it incorrectly reflected the contracting party as the Department of Social Development, and not the National Prosecuting Authority. Processes to amendment the founding document translated into a six month delay in its signature by National Treasury on behalf of the South African government on 15 June 2006.

4. Tsireledzani counter-trafficking programme
The institutional arrangements set out in the Financing Agreement included the establishment of a Programme Steering Committee (PSC) to ensure good governance of the programme. The Inter-departmental Management Team (IDMT) passed a special resolution constituting itself as the PSC, with the inclusion of DHA and DoL. The National Prosecuting Authority (SOCA Unit) provides the secretariat for both structures and the PSC includes: Department of Justice and Constitutional Development (Gender), SAPS (Visible Policing), Department of (Basic) Education (Gender Equity Unit), Department of Social Development (Victim Empowerment and Gender), Department of Health (Gender), National Treasury (Integrated Justice Cluster), South African Broadcasting Corporation, Department of Correctional Services (Correctional Programmes), Department of Home Affairs (Inspectorate) and Department of Labour (Employment Standards).
The EC has observer status on the PSC, whose quarterly meetings are hosted by the PCU as the programme Secretariat.
The Programme Coordinating Unit (PCU) was established in January 2008, in terms of the Inception Programme Estimate (PE1) with the appointment of the National Coordinator and the Project Manager. The SOCA Unit appointed an Administrator for the PCU in March 2009. In recognition of the delay in initiating operations, the EC granted a 12-month no cost extension to the programme from December 2009 to December 2010. In spite of the extension, the contracting deadline remained December 2008. This also affected the procurement of goods and services, dealt with in more detail in paragraph 6 below.

4.1 Deepened understanding and knowledge of trafficking (Result Area 1)

Euro 1,460,000,00

A tender procurement process was engaged in which led to the appointment of the Human Sciences Research Council (HSRC) to conduct the 12-month national research study. The neighbouring countries of Zimbabwe, Lesotho and Swaziland were covered in the fieldwork, to the exclusion of Mozambique due to time constraints.

The results to be achieved by the endeavour were elicited in the contractual terms of reference as thus:
Result 1: Appropriate research methodologies and tools developed and researchers trained

Result 2: Knowledge of trafficking trends identified and assessed in order to develop appropriate responses

Result 3: National legislative measures, policy frameworks and women’s and children’s rights instruments identified

Result 4: Counter-trafficking responses regarding human trafficking in the SADC region and other countries with comparative features analysed

Result 5: Identify the profile of the victims and characteristics and motives of the agents in human trafficking

Result 6: Purposes for human trafficking and the key driving factors identified

Result 7: Socio-economic aspects of the demand and cultural values and practices influencing human trafficking are identified

Result 8: Interrelation between human trafficking and migration related issues in the context of globalisation are identified

Result 9: The linkage between organised crime networks, corruption and human trafficking identified

Result 10: Indicators for a national management trafficking information system identified

Result 11: Recommendations on the outcome of the above results

Result 12: Conference held for the stakeholders and general public to present the research findings

The research team was led by a sociologist, Prof. Carol Allais from UNISA and consisted of experts in the following fields: legal, psycho-social, migration, police and organised crime and anthropology (vulnerabilities). Desk-top studies, literature reviews and the development of Research Tools took place as scheduled in the early months of the project. During this period, the proposed research outputs and methodologies were subject to a stringent review by the HSRC Ethics Committee.
However, the fieldwork could only commence in September 2009 – contrary to the indications in the approved Workplan - due to the inability of the HSRC to secure a financial guarantee from the Department of Science and Technology (DST) to enable the release of an advance payment, as required in the service contract. The NPA supported a request for a 2-month no-cost extension of the contract, to enable the HSRC to fulfill all the contractual obligations.
The PCU’s request to the NPA Project Management Office (PMO) in July 2009 for technical support through the secondment of a full-time Project Manager for the research component ensured the accomplishment of the vast scope of contract deliverables.
The research fieldwork was concluded in December 2009 and the draft report was presented to a select group of research methodology and subject matter experts at a closed Consultative Workshop held in Pretoria from 15 to 16 February 2010 to ensure that it is of an international standard.
A National Conference to disseminate the research findings is planned at the Kopanong Hotel and Conference Centre in Benoni, Johannesburg from 23 to 24 March 2010.
4.2 Cooperation and Coordination (Result Area 2) – Euro 1,761,500,00

4.2.1 Provincial Task Teams

The decentralisation of the national programme to provincial level was initiated with the establishment of the Kwa-Zulu Natal Task Team on Human Trafficking, Pornography, Prostitution & Brothels (HPPB) in 24 June 2008. A number of learnings can be drawn from the modified model of an inter-sectoral Task Team, which also has representation from the private sector in the form of the Airports Company South Africa (ACSA), Tourism South Africa and the Southern Sun group of hotels. The KZN office of the Films and Publications Board and the eThekwini Municipality have also joined the team whose membership continues to grow (currently at 75) and the activities of its sub-committees – including the conduct of raids and rescue of victims has generated media articles and public debate about the crime. The team is also on track with the targets it set in the Provincial Action Plan.

Limpopo Trafficking In Persons Task Team

The Provincial Task Team was established on 26 June 2009 in Bela Bela, chaired by the NPA (SOCA Unit and Organised Crime) and consisting of BCOCC, SAPS (Ports of Entry and Organised Crime Unit), Department of Home Affairs, Department of Social Development, Department of Health, Department of Labour, Lawyers for Human Rights (LHR), International Organisation for Migration (IOM) and the South African Council of Churches (SACC).

A strategic planning process to develop a Provincial Action Plan was held in Polokwane from 9 to 11 September 2009. BCOCC arranged the training of 187 border officials at the Musina port of entry in November 2009.
Mpumalanga Trafficking In Persons Task Team

On 21 October 2009, the Provincial Task Team was established in Nelspruit, chaired by the NPA (SOCA) Unit whose role-players include SANDF, DoJCD (Chief Magistrate, Nelspruit), Department of Public Works, Roads and Transport, Department of Cooperative Governance and Traditional Leadership, BCOCC, SAPS (Ports of Entry, Organised Crime Unit and Visible Policing), Department of Home Affairs, Department of Social Development, Department of Health, Department of Education, Department of Labour, International Organisation for Migration (Nelspruit office), Amazing Grace, South African Council of Churches (SACC) and Childline.

This was followed by the hosting of a strategic planning process to develop a Provincial Action Plan in Middeburg from 26 to 27 November 2009.
The establishment of structures in the remaining provinces has been prioritised thus: Western Cape, Eastern Cape, Free State, Gauteng, North West and Northern Cape.
4.2.2 Expert Response Team (ERT)

To ensure expert and efficient response to reported cases of human trafficking, a request will be made for the placement of police investigators (SAPS), prosecutors (NPA), immigration inspectors (DHA), social workers (DSD), forensic health specialists (DoH) and labour inspectors (DoL) on 24-hour call once the Terms of Reference Operating procedures, Referral mechanisms and protocols have been concluded.

It is anticipated that technical support from agencies such as the Films and Publications Board (FPB), Financial Intelligence Centre (FIC), Department of Sports and Tourism, Airports Company South Africa (ACSA) and Southern African Immigration Liaison (SAIL) will be required.
Currently, the methodology and approach to the ERT is being reviewed.
4.2.3 Regional Coordination

The mandate to develop a National Action Plan and facilitate its approval by December 2010 was given to the programme at the “Tsireledzani: Towards an integrated National Action Plan” Conference, Durban, 25 to 27 March 2009. The draft NAP was facilitated by the SOCA Unit’s Programme Management Unit (PMU) based on the three pillars of Prevention, Victim Empowerment and Response. The draft document will be finalised once the timelines, means of verification as well as the important risks and assumptions have been populated. A request for its presentation and discussion will be made to NPA EXCO before its submission to the Office of the NDPP. It will then be submitted to the senior management, the Director-General and the Minister of the Department of Justice and Constitutional Development.

Once the development of the NAP was in motion, the overtures to countries in the region to coordinate counter-trafficking efforts – by sharing best practices and identifying targeted regional interventions - could be initiated in earnest. These include the SADC Protocol on Gender, which classifies human trafficking as one of two key factors along with HIV & AIDS countering the development of women, and the African Union’s Ouagadougou Plan of Action on Trafficking in Human Beings, especially Women and Children signed in 2006.
A Conference on “The implications of implementing laws and strategies to combat human trafficking in Africa through optimising regional and international relationships” was held in Johannesburg from 13 to 15 July 2009.
The conference coincided with the launch of the African Union’s AU Commit Campaign to consolidate and popularise the African Union’s migration and development initiatives, such as the Ouagadougou Plan of Action during the 2009 to 2012 period and to encourage signatories to develop Country Action Plans.
The outcome of the engagement was the adoption of six Continental Action Steps highlighting

the following:

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  the strengthening of Victim Support Mechanisms through the establishment of inter-sectoral task force at regional level
  
• 
  a continental Capacity-building and development programme
  
• 
  National, Local and Regional awareness and education campaigns with government social assistance programmes to reduce vulnerability
  
• 
  the alignment of legislation, especially penalties while improving country cooperation and the exchange of evidence, extradition processes and the repatriation of victims as well as the sharing of databases
  
• 
  the use of intelligence networks to inform the establishment and management of Multi-disciplinary Service Centres
  

In terms of preparing the Africa Group towards the UN Conference of the Parties, the sixth step was sub-divided into six recommendations:

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  Speed up the Ratification of the UN Convention and Protocol by all countries in the region
  
• 
  Integration of Ouagadougou Action Plan within the UNODC Action Plan to ensure a common approach
  
• 
  Establishment of a Permanent Regional Consultative Process to coordinate the efforts of countries of origin, transit and destination (annual or bi-annual meetings)
  
• 
  AU Labour and Social Affairs Commission to call on Member states to develop own country Action Plans as a priority as a precursor to legislation
  
• 
  AU should develop joint declaration with the Arab League to combat trafficking in persons similar to the AU/EU agreement
  

Building on the regional conference, discussion forums to operationalise the Continental Action Plan were held. Representatives from Mozambique, Zimbabwe, Lesotho and Swaziland Mpumalanga participated in the Women’s Day Workshop held in Nelspruit from 8 to 9 August 2009, while a Human Trafficking session was arranged at the TCC/Gender Justice Regional Summit hosted in Cape Town from 8 to 10 Nov 2009 in which Angola, Cape Verde, Ghana, Lesotho, Mauritius, Mozambique, Namibia, Rwanda, Zimbabwe were represented.

On the international front, the Unit was part of the Government of South Africa’s delegation to the 3^rd UN Conference of the Parties to the Convention on Drugs and Crime held in October 2008, and presented on the Panel of Experts on the topic of Victim Support Mechanisms.
4.3 Capacity Building and Development (Result Area 3) – Euro 1,597,000,00

With the objective of enhancing the capacity to investigate and prosecute perpetrators, deliverable was contracted to the IOM in terms of a direct Contribution Agreement, pursuant to negotiations the organisation engaged in with the EC.

The component is divided into three:
4.3.1 Train-the Trainer Manual

A key outcome of the programme is the development of an inter-sectoral training manual for departmental trainers which is accredited by the South African Qualifications Authority (SAQA). The EC entered into a direct contract with the International Organisation for Migration (IOM) to perform this function.

The modules in the final stages of editing are: Basics of Human Trafficking (Core), Irregular migration and migration management aspects of human trafficking (Department of Home Affairs officials), Psychosocial and health aspects of trafficking (for Department of Social Development & Department of Home Affairs officials), Investigation (for police officials) and Legislation (prosecutors and magistrates).
The process of writing the manual has undergone an exhaustive consultation process which included a Stakeholder Consultation Workshop on 10 December 2008 before inception of the writing process, departmental Focus Groups and a Validation Workshop held from 1 to 2 September 2009.
4.3.2 First Phase of Training Workshops

The IOM conducted 60 country-wide workshops from July to December 2008 in terms of the programme, which resulted in 1 200 officials being trained on IOM material, as an interim measure. The five 5 institutional clients which were targeted and benefited from the training were the following: Department of Home Affairs (339 border officials), Department of Social Development (155 social service providers), Department of Health (135 nurses) and Law Enforcement officials (287 members of South African Police Services, National Prosecution Service and Department of Home Affairs).

An additional 100 labour officials, 31 Journalists and (number) representatives from Legal NGO which provide legal assistance to illegal migrants were also trained.
The training of prosecutors and magistrates – as components of the Department of Justice & Constitutional Development and (LCMC) - on the legislation will be implemented on its promulgation.
As part of capacitating prosecutors to apply the Criminal Law (Sexual Offences and related matters) Amendment Act 32 of 2007 effectively, the SOCA Unit and the NPS have to date trained 645 prosecutors during 23 sessions in 2008 and 2009. As referred to in para 2.1 above, sections 70 to 71 (contained in Part 6) relating to trafficking in persons (adults and children) for sexual purposes formed a segment of the training. These provisions will be repealed once the draft comprehensive legislation is promulgated.
4.3.3 Monitoring and Evaluation

This component consists in country-wide follow-up visits to trainees in the criminal justice and social welfare sector. Monitoring and evaluation is conducted and trainees are provided with support in facilitating the integration of the training in their respective departments. A final report on the evaluation is being compiled by the IOM.

4.4 Public Awareness and Education, Prevention Strategy (Result Area 4)

Euro 1,394,500,00

An international tender procurement process was instituted which led to the appointment of the International Training Centre of the International Labour Organisation (ITC-ILO) in Turin, Italy to implement a 12-month contract with effect from December 2008. The component is implemented from the ILO regional office in Pretoria.

The expected results were outlined in the Terms of Reference:

Result 1: Baseline awareness study prior to campaign and evaluation of impact at its conclusion

Result 2: Tested prevention and other messages developed specifically for each different target audience and each different geographical area identified

Result 3: Communication campaign materials produced and distributed in selected official languages and regional languages such as Portuguese

Result 4: Increased awareness of human trafficking and positive behaviour change with all the stakeholders, focusing on vulnerable groups including at least women, children and the LSM 1-5 target groups

Result 5: Increased and accurate reported incidents of human trafficking in South Africa

Result 6: Increased accuracy and inclusion of preventative messages in media reports and communication from Ministers and key government officials on human trafficking
To date, a Desktop Study on past and existing campaigns on human trafficking and other socially relevant issues, such as Khomanani on HIV and AIDS to decipher best practices has been concluded. This was followed by a Baseline Study in Western Cape (Cape Town), Eastern Cape (East London, Queenstown and Peddie), Gauteng (Johannesburg CBD, Berea, Yeoville and Hillbrow), Kwa-Zulu Natal (Durban CBD, Umlazi, Newlands East, Wentworth, Ndwedwe and Pietermaritzburg) and Limpopo (Beit Bridge and Musina) to determine the levels of awareness on human trafficking in order to inform the appropriate messaging and selection of relevant publicity tools.
Some of the materials developed include banners, pamphlets and vehicle licence disk holders. The www.tsireledzani.org inter-sectoral website will be hosted by the NPA once all technical processes have been completed. The design of ‘low cost-high impact’ awareness tools – in addition to peer education worksheets, a radio drama followed by a talk show and newspaper story boards - to reach vulnerable groups and the general public, such as Industrial theatre and its recording on DVD will require a 2-month no-cost extension until April 2010.
The International Organisation for Migration (IOM) has spearheaded – in partnership with NPA, SABC (METRO FM), the Sowetan newspaper, Kaizer Chiefs Football Club, ILO, UNODC, United States Consulate and civil society organisations - the Human Trafficking Awareness Week since 2006, with the objective to mobilise the public and private sectors, civil society organisations and media to spread awareness of the crime and promote appropriate responses to it. The theme for 2009 was “Human trafficking is real – Tsireledzani!”
As one of the key stakeholders in the national, provincial Task Teams, and the Programme Steering Committee, the Department of Home Affairs engaged in a number of internal and external activities to educate employees and the public about human trafficking during the campaign.
Posters, flyers, 500 T-shirts and a video documentary were obtained from IOM for circulation at the Head Office and 5 offices within each province. The DVD was also put on the intranet for staff to view during operational hours, accompanied by internal messages from the CDI Inspectorate regarding human trafficking and the links with corrupt staff, as shown on the documentary.
In terms of capacity-building, Inspectorate Officials attended an Advanced Human Trafficking Workshop at Leriba Lodge. The Chief Director: Inspectorate participated in the Shift TV show on SABC and the Director: Central Law Enforcement appeared on Morning Live Show on the 5^th and the 9^th October 2009 respectively.
The FIFA 2010 Organising Committee approached the programme with a proposal to develop and implement a counter-trafficking strategy for the Soccer World Cup. In terms of the strategic vision for the programme, the initiative could then form a basis for similar interventions with respect to all international events hosted by the country. At an operational level, the IDMT is preparing to launch the “Red Card” Campaign together with the Commission on Gender Equality and UNICEF on 16 April 2010 in Nelspruit, Mpumalanga.
4.5 Evaluation and Audit (Result Area 5) – Euro 290,000,00

The EC Delegation has procured the services of Price Waterhouse Coopers to conduct annual audits of the programme. The first audit of the Inception phase spanning from 1 December 2007 to 1 May 2008 (Programme Estimate 1) did not reveal any irregular expenditure. The second audit (first Operational phase from 1 June 2008 to 31 July 2009 captured in Programme Estimate 2) is underway, with the final annual audit being due from January 2011, at the closure of the second Operational Cost Estimate (Programme Estimate 3) in December 2010.

The EC Delegation will soon appoint a service provider to conduct a Mid-Term Review of the programme.
Provision is made in the Financing Agreement for a 2-year closure phase from 2011.
5. Challenges

The inability to record statistics in terms of the Criminal Law (Sexual Offences and related matters) Amendment Act 32 of 2007, due to the transitional nature of the provisions has meant that the crime – as it relates to sexual exploitation - continues to be unquantifiable. A minimal number of cases being investigated and prosecuted in the criminal justice system exists, and the research study has also yielded qualitative, as opposed to quantitative, findings. Effective motivation for the allocation of dedicated resources can thus not be made, at this stage.

From a management perspective, the PCU was seriously understaffed for an 18-month period which led to National Treasury appointing two Finance Managers – for a maximum three months each - as part of the solution to this impediment. The unforeseen variance in the requirements of the position and the available pool of expertise led to the Finance Manager post being filled only with effect from 1 February 2010.
The Workplan initially included a number of activities such as the development of a Trafficking Information Management System (TIMS), the upgrading of Thuthuzela Care Centres (TCCs) and dedicated courts, the allocation of grants to non-governmental organisations as well as the procurement of vehicles and equipment. However, due to contradictions between the Practical Guide to Contract procedures for EC external actions (PRAG) and the PFMA procurement procedures, the decommitment of funds was unavoidable.
At another level, the PRAG 80/20 rule on service contracts which prescribes that 80% of the total expenditure has to be allocated to technical assistance with only the remaining 20% being devoted to activities, limited the piloting and testing of publicity materials in terms of the contract with the ILO, and held back the realisation of this important aspect of the project.
Access to the most appropriate and relevant officials for training purposes as well as the release of official information by departmental officials for research purposes proved to be the most formidable impediment to achieving set target, even though letters of introduction were provided to the service providers.

6. Conclusion

In preparation for the coming into operation of the Prevention & Combatting of Trafficking in Persons Bill, the Vulnerable Groups directorate at DoJCD commenced an inter-sectoral process of developing policy congruent with the legislation in August 2009. Simultaneously, the costing of the draft legislation – to which the preliminary indicators from the programme proved valuable - by consultants was started and concluded in November 2009.

The NPS has also proposed the drafting of Charge Sheets in terms of the draft legislation in order to improve the state of readiness for implementation purposes.
The proposed design of a multi-sectoral database, which could not be carried out due to a mismatch in the government and EC procurement processes must be reconceptualised and aligned to current developments in the integration of information systems to eliminate the statistics gap.
An opportunity presents itself to imprint the Human Trafficking Awareness Week - coordinated by the IOM since 2006 - in the consciousness of South Africans and migrants from neighbouring countries (particularly those in border communities). The immediate past campaign was held from 4 to 10 October 2009 under the programme banner with the theme “Human Trafficking is real – Tsireledzani!”
The Programme has in its 24 months of existence placed the issue of Human Trafficking as a focal point for public debate through participation in talk shows, radio, debates, interviews and panel discussions on the electronic media. Direct interaction with communities has taken place through participation in workshops.
End

Compiled by:

Tsireledzani Programme Coordinating Unit (PCU)

Sexual Offences and Community Affairs (SOCA) Unit

National Prosecuting Authority

Silverton, Pretoria