human trafficking

It is of utmost importance to, first, look at the definition of the term ‘human trafficking’. Trafficking in person or human trafficking (HT) refers to the recruitment, transportation, transfer, harboring, or receipt of person, by means of the threat or use of force or other form of coercion, of abduction, of fraud, of deception, of the abuse of power or of position of vulnerability or of the giving or receiving of payment or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.

HT invariably involves forcible movement of a person from one place to another and forcible utilisation of their services with the intention of inducting them into trade for commercial gains. The word ‘forcible’ signifies that the action is against the person’s will or that consensus is obtained by making deceptive claims and false allurements. In some cases, consensus is obtained because of the victim’s social conditioning; where the victim is not even aware that he/she is being exploited.

The Namibia Constitution and relevant principles of international customary, humanitarian and human rights outlaw slavery and other slavery-like practices while the Prevention of Organised Crime Act 2004 (Act 29 of 2004), which was implemented only around 2009, specifically criminalises slavery and slavery-like practice such as HT servitude, forced labour, including forced prostitution and child labour as well as other exploitative practices. The Government of Namibia has put in place certain administrative mechanisms such as Nampol’s Women and Child Protection Unit (WCPU) and Ministry of Gender Equality and Child Welfare (MGECW).

However, Namibia is among several Southern African Development Community countries suspected of having a serious HT problem. A small number of cases of HT, including instance of both labour and sexual exploitation, have been reported. The researchers have found several cases of suspected trafficking. For example, when trucks are stopped at border posts, individuals are sometimes found hidden inside. It is also important to note that HT does not only refer to cross border movements, but it also includes all coercive intra-country movements. In one intra-country case, a Walvis Bay mother reportedly ‘sold’ her teenage daughter to work as a prostitute against her will, while in one cross-border instance, a former Caprivi Chief Regional Officer is facing the wrath of the Zambian law after he was allegedly caught trafficking four children from remote village in Senanga in Zambia’s western province to Namibia.

Currently, Namibia is facing deep-rooted social problems, such as poverty, unemployment and gender inequalities as well as discrimination of certain ethno-linguistic minorities which have continued to cause and exacerbate the country’s scourge. Female and child poverty as well as chronic marginalisation of minorities are pervasive in the country thereby creating a fertile ground for human trafficking and other abusive practices.

Regional integration, with improved road infrastructures and modern forms of telecommunications, has led to an accelerated increase in illicit movement of people involving Namibian’s neighboring countries such as Angola, Zambia, Zimbabwe, Botswana and South Africa. This scheme of things has turned Namibia into a hub for human trafficking, slavery and or slave-like practices. Some existing reports have also uncovered how pimps, long distance truck drivers, drug traffickers, professional prostitutes and organised crime syndicates operated between the borders of several Southern African countries.

Furthermore, on 10 September 2009, the United States Department of Labour produced a statistical account on the prevalence of the worst forms of child labour in Namibia. According to the report, some Namibian children work in agriculture, raising or tending livestock, charcoal production and domestic service, such as house cleaning, cooking, and child care in exchange for food, shelter, and sometimes clothes and money while others as young as 12 years old are involved in commercial sexual exploitation. This indicates that the largest percentage of Namibian children is trafficked within the country for domestic servitude and to engage in prostitution.

Finally, considering these factors, Namibia needs to decisively act in accelerating public awareness about human trafficking. There is a need to implement the preventive and curative responses aimed at empowering the most vulnerable sectors of our society in order to ensure that illicit practices would not be engaged into with impunity.

- Steven Mvula is Public Relations and Media Liaison Officer at Namibia’s National Society for Human Rights.

Jose Antonio* admits he has never been employed in the formal sector. For the past ten years, Antonio has plied his trade at Ressano Garcia, the busiest border post between South Africa and Mozambique, assisting undocumented migrants to travel across the border. "It's easy when you have enough money," says Antonio.

Antonio is a human smuggler. Though illegal, this differs significantly from another kind of trade in human beings happening at many border posts - human trafficking. For the human smuggler, their fee-paying clients walk away after crossing the border. In the case of human trafficking, a person travelling to what they thought to be a new job or other opportunity finds themselves trapped and exploited.

Women and girls are most vulnerable, usually forced into the sex industry. According to research by the International Organisation for Migration, some women trafficked from Mozambique are sold for as little as US$150 when they reach their destinations.

Though Antonio is not a human trafficker, the ease with which he is able to transport people across the border from Mozambique into South Africa without proper documents shows just how porous these posts are. This comes at a time when police from both countries say they have stepped up efforts to curb illegal entry during the FIFA World Cup.

Each day, officials from both countries patrol the extensive border attempting to deter people from going through existing fence holes, or cutting more to pass through. However, recent observations by this journalist reveal that one can easily pass through the border post itself, even during peak hours, to freely walk into South Africa and jump into taxis on the other side.

Just for R500 each, a group of women passed through both immigration points without questions; in just a few minutes, they were in a taxi destined to Johannesburg, South Africa's hub and dreamland for many.

This trend is especially worrisome when one considers that the United States' State Department 2009 report on Mozambique recognises that women and girls are trafficked from rural to urban areas of Mozambique, as well as to South Africa, for domestic servitude and commercial sexual exploitation. "Traffickers are typically part of small networks of Mozambican and/or South African citizens; however, the involvement of larger Chinese and Nigerian syndicates has been reported," according to the report.

In April 2008, the Mozambican national parliament passed the final version of a comprehensive human trafficking law, which President Armando Emillio Guebuza signed into law in June of the same year. The law prescribes penalties of between 16 and 20 years' imprisonment for those recruiting or facilitating exploitation of people for the purposes of prostitution or forced labour.
However, critics continue to view the law as not binding. Two years down the line, there have been no convictions, and there are fears that without greater teeth, perpetrators are paying scant attention to what the laws say.

Another factor encouraging Mozambicans to turn to illegal migration methods is the hefty costs of the new biometric passport. At an equivalent of R1 000, it is out of reach of many Mozambicans. The inception of the costly new passport has pushed migration further underground, especially for the most poor. Such a high barrier to legal migration is forcing more people to go the illegal route, which can make people more at risk to human traffickers who exploit the associated vulnerabilities.

As touts like Antonio rush through with their next client, the challenge remains for the governments of Mozambique and South Africa - not only during the time of the World Cup - to curb illegal immigration.

This phenomenon needs leaders from both countries to find lasting solutions to curb illegal entries. This means not only addressing the ease of illegal movement, but also finding ways to empower people economically, so that they are able to find opportunities at home.

- Fred Katerere is a freelance journalist based in Maputo. This article is part of the GL Opinion and Commentary Service, produced as part of the Red Light 2010 Campaign to say no to human trafficking. It is republished here with the permission of Gender Links: www.genderlinks.org.za.

The Minister of Women, Children and Persons with Disabilities, Noluthando Mayende-Sibiya, has warned that human trafficking may be the ‘dark side’ of World Cup celebrations.

Mayende-Sibiya points out that, "We are very concerned as government about the challenge of human trafficking, particularly of women and children for various forms of exploitation."

Mayende-Sibiya’s sentiments were echoed by Basic Education Minister, Angie Motshekga, who argues that, "We firmly believe that trafficking in human persons is a very serious problem undermining our collective effort to end exploitation, oppression, abuse and inequality."

To read the article titled, “Human trafficking - dark side of World Cup,” click here.

The Human Sciences Research Council (HSRC) has urged government and civil society organisations to take serious action against human trafficking in South Africa.

In its latest study released at a National Prosecuting Authority conference, the HSRC stated that, "Human trafficking in South Africa is a serious problem and warrants intervention on all fronts."

The report further argues that, "All documented cases in this last category are women trafficked for both sexual and labour exploitation." It also identified the albino community as vulnerable to human traffickers for the harvesting of body parts, due to the belief that a white skin has potent powers.

To read the article titled, “Govt must tackle trafficking – HSRC,” click here.