Challenges and Progress in Combating Human Trafficking in the SADC Region in light of the SADC Protocol on Gender and Development
Written by Gabriela Boloca
Human trafficking is a severe violation of human rights that continues to persist as a global phenomenon, affecting countless individuals across various countries and regions. Human trafficking is mostly considered a hidden crime. There is a lack of data, especially in light of the fact that the majority of the victims come from countries that do not have the capacity or the means to collect data accurately.[1] Human trafficking typically involves the coercive exploitation of vulnerable individuals, often for purposes of forced labor, sexual exploitation, or other forms of exploitation. It is a cross-border crime that affect all regions, including the Southern African Development Community (SADC). Within SADC, human trafficking poses a significant challenge, impeding progress towards gender equality and sustainable development. The complexities surrounding this issue and its cross-border nature necessitate a comprehensive and coordinated response, drawing upon international frameworks and regional protocols. One such protocol is the 2008 SADC Protocol on Gender and Development. By harnessing the provisions and principles enshrined in this protocol, SADC member states can strengthen their efforts to combat human trafficking, safeguard victims, and foster a society that upholds principles of safety, justice, and equality.
The SADC Protocol on Gender and Development defines human trafficking in Article 1:
“‘human trafficking’ means the recruitment, transportation, harbouring or receipt of persons, by means of threat, abuse of power, position of vulnerability, force or other forms of coercion, abduction, fraud or deception to achieve the consent of a person having control over another person for the purpose of amongst other things, sexual and financial exploitation.”
Human trafficking is also a perfect practical illustration of the rational choice theory, influenced by the ideas of Smith and Bentham: the criminal decision-making process is examined in terms of opportunity, benefits, and costs, it is based on the pursuit of pleasure and avoidance of pain and is affected by environmental factors and legislation.[2]
Human trafficking is addressed at both international and regional levels, as well as at the domestic one. In the context of the international level, arguably the most important tool is the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (the so-called Palermo Protocol), to which many SADC member states are signatories. At the regional level, several instruments exist. However, this article is primarily concerned with the aforementioned SADC Protocol on Gender and Development. It is important to consider all policy levels because the fight against human trafficking also involves adapting global norms to the regional and national levels. This localisation process entails tailoring strategies to the African context, with a focus on prevention, victim protection, and addressing social factors. Furthermore, at the regional level, there is an emphasis on understanding the root causes of trafficking and addressing human security needs. Meanwhile, international and national efforts place a strong emphasis on prosecuting traffickers, highlighting the power of law enforcement in combating trafficking.[3] Overall, the fight against human trafficking involves a multifaceted approach that considers local dynamics, prevention measures, victim protection, and law enforcement actions.
Regional and possibly international approaches in addressing human trafficking are also particularly important in light of the cross-border nature of this crime and complement national responses.
There are various reasons for which human trafficking occurs and in Africa the two prevalent ones are forced labour and sexual exploitation.[4] One of the most important steps that have been taken in SADC has been the adoption of the 10 Year SADC Strategic Plan of Action on Combating Trafficking in Persons, especially Women and Children (2009-2019), which has guided and coordinated regional and national actions. Moreover, Article 20(5) of the SADC Protocol on Gender and Development outlines specific actions that States Parties were required to undertake by 2015 in order to combat human trafficking effectively. These actions encompassed various aspects of prevention, response, and cooperation among member states and included enacting anti-trafficking laws, establishing collaboration among law enforcement agencies, improving data collection mechanisms, forming agreements for joint actions, and conducting capacity building and awareness campaigns for law enforcement officials. As a result, almost all SADC States Parties have enacted anti-trafficking laws: Namibia did not meet the 2015 target but adopted in 2018 the Combating of Trafficking in Persons Act, while Angola, Comoros and the DRC still need to put in place legislation addressing specifically the issue.[5] Progress has also been achieved in the context of raising public awareness, with many initiatives taking place each year especially on July 30th, namely the World Day Against Trafficking in Persons.[6] Moreover, another notable development concerns the establishment of bilateral agreements and increased regional cooperation in fighting against human trafficking.[7]
Nevertheless, despite these efforts, human trafficking has continued to occur in the region, especially because of poverty, insecurity, discrimination, violence, and limited implementation of effective strategies. At the regional level, challenges still persist in terms of inadequate resources notwithstanding the efforts made to mitigate them through partnerships with organisations such as the United Nations Office on Drugs and Crime (UNODC) and the European Union (EU). Additionally, the presence of multiple institutions involved in combating this issue further complicates coordination efforts.[8]
Two critical issues exacerbate the situation: corruption and the impact of technology.
Corruption is inextricably linked to human trafficking. Nevertheless, the correlation is often overlooked when policies are devised and implemented.[9] Law enforcement corruption can facilitate traffickers in recruiting, transporting, and exploiting victims. Similarly, corrupt criminal justice authorities can hinder investigations, prosecutions, and the protection of trafficking victims. Moreover, corruption within the private sector, including inter alia travel agencies, model agencies, and marriage bureaus can also facilitate the perpetuation of human trafficking.[10]
In the SADC region, similar to the rest of the world, corruption is a prominent challenge. In 2017, according to the Transparency International Corruption Perceptions Index (TI-CPI), the SADC bloc demonstrated a concerning trend in terms of corruption. Out of the surveyed 180 countries, 11 SADC countries scored below the average CPI score of 50/100. The index ranked Angola as the most corrupt country within the SADC, occupying the 167th position out of 180 countries, with a score of 19. Following closely behind is the Democratic Republic of Congo (DRC) at 161/180 (score 21), Zimbabwe at 157/180 (score 22), and Mozambique at 153/180 (score 25).[11] In 2022, some improvements were discernible. As an illustration, Angola has made remarkable progress in combating corruption, as evidenced by its significant improvement in the Corruption Perceptions Index (CPI). With a score of 33/100, Angola has gained 14 points since 2018, positioning itself at a rank of 116 out of 180 countries. This positive development can be attributed to President João Lourenço's unwavering dedication to eradicating systemic corruption within the country, evidenced through the implementation of stronger laws and measures aimed at tackling corruption head-on. Botswana stands out as one of the top-performing countries in the region when it comes to combating corruption, primarily thanks to its robust democratic system, which continuously enhances legislative and policy frameworks. On the other hand, Mozambique still faces significant challenges in addressing corruption, as reflected in its CPI ranking of 142 out of 180 countries. With a score of 26/100, the country has much room for improvement in combating corrupt practices. Similarly, the DRC finds itself struggling with corruption, occupying the 166th position in the CPI rankings with a score of 20/100, and Zimbabwe, with a score of 23/100, ranks 157th out of 180 countries in the CPI.[12]
The second issue concerns the challenges brought about by the technological revolution. Indeed, traffickers use social media platforms as means to recruit and manipulate people through, for instance, posting fraudulent employment opportunities, luring potential victims with promises of work prospects. Moreover, criminals leverage the power of the internet to facilitate the logistics of victim transportation and lodging, as well as to obscure the illicit proceeds derived from their illegal activities. The online realm allows them to accomplish these tasks with speed and anonymity, utilising falsified identities for their operations.[13] The cyber risks are also, notably, felt heavier in Africa, where there is a lack of efficient network and security infrastructure.[14] As an example, South Africa ranks third globally in terms of the highest number of cyber-attack victims.[15] In particular, Africa faces challenges in the cyber-world due to factors such as a lack of technical expertise, inadequate monitoring and protection of national infrastructure, limited cybersecurity education and awareness, and a scarcity of initiatives and established frameworks.
The combination of all these factors hinders the effectiveness of regional cooperation in fighting against human trafficking. Moreover, the adopted strategies and measures themselves are confronted with obstacles. As an example, in Botswana, there continues to exist organised syndicates involved in the trafficking of women within the country, as well as the transportation of women from nearby nations like Zimbabwe and South Africa, with the intention of subjecting them to sexual exploitation.[16] Therefore, to effectively meet the requirements of the SADC Protocol on Gender and Development, member states have to address institutional capacity gaps, allocate adequate resources, and, where still necessary, enact legislation specifically targeting human trafficking.[17]
By addressing these challenges and strengthening their response, SADC member states can enhance their efforts to combat human trafficking, protect victims, and create a society that upholds principles of safety, justice, and equality. The SADC Protocol on Gender and Development serves as a crucial framework, guiding the region towards a comprehensive and coordinated approach to tackle human trafficking and advance gender equality.
Bibliography
Hannah E. Britton and Laura A. Dean, “Policy Responses to Human Trafficking in Southern Africa: Domesticating International Norms,” Human Rights Review 15, (2014), 308. 2 Motseki Morero Moses, “An exploration of corruption and human trafficking: The south african case,” Cogent Social Sciences 8, no. 1 (2022), 6.
Motseki Morero Moses, “An exploration of corruption and human trafficking: The south african case,” Cogent Social Sciences 8, no. 1 (2022), 6.
Britton and Dean, “Policy Responses,” 306.
Calyton Hazvinei Vhumbunu, “Combating Human Trafficking in the Southern African Development Community: Strategies, Challenges, and Opportunities,” Strategic Review for Southern Africa 42, no. 2 (2020), 182.
Ibid, 191.
Ibid, 193.
Ibid.
Ibid, 194.
Moses, “An exploration of corruption,” 1.
Ibid, 2.
“Growing menace of corruption in Southern Africa,” New African, November 1st, 2018, https://newafricanmagazine.com/20617/.
Transparency International, "Corruption Perceptions Index 2022,” last accessed July 13th, 2023, https://www.transparency.org/en/cpi/2022/.
United Nations Office on Drugs and Crime, “The Internet has Revolutionized Human Trafficking and Young People are Especially Vulnerable,” (July 30th, 2022).
Andreas Vassilakos and Ronald Martin, “Understanding The Challenge of Cybersecurity in Africa: A Holistic Analysis of Southern African Development Community (SADC) and Foundation for Future Research,” Holistica Journal of Business and Public Administration 14, no. 1 (2023), 163.
Ibid, 167.
Vhumbunu, “Combating Human Trafficking,” 195.
Ibid, 197.
Written by Gabriela Boloca (Programme Intern with Africa Legal Aid)
Published by Africa Legal Aid
The views expressed on this blog are those of the contributors. They are not necessarily the views of AFLA, its editors, or its board.