Solicitud directa (CEACR) - Adopción: 2018, Publicación: 108ª reunión CIT (2019)

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement measures. The Committee previously noted the Anti Trafficking in Persons Act, 2011 and requested the Government to provide information on its application in practice, indicating the number of investigations, prosecutions and convictions, as well as information on the measures taken to provide protection and assistance to the victims of trafficking.

The Committee notes the statistical data on cases of trafficking provided by the Government in its report for the period of 2012–14. It notes that several cases of trafficking are related to forced labour and sexual exploitation, and that seven trafficking victims have been detected, as well as four perpetrators in 2014. The Government further indicates that a National Anti-Trafficking in Persons Strategic Framework (2014–16), as well an Action Plan, have been adopted to capacitate law enforcement agencies. In July 2015, a workshop was held for stakeholders relating to the data compilation of trafficking in persons cases. The Committee also notes the information contained in the Government’s report to the Human Rights Council of October 2014, that the Ministry of Gender along with the Ministry of Police conducted several awareness raising programmes on trafficking as well as joint awareness operations with the South African Police Service along the border towns and villages (A/HRC/WG.6/21/LSO/1, paragraph 51). The Committee requests the Government to continue to provide information on the measures taken to prevent, suppress and punish trafficking in persons. The Committee also requests the Government to provide information on the measures taken to implement the Anti-Trafficking in Persons Strategic Framework, as well as the Action Plan and to indicate the results achieved in combatting trafficking in persons.

2. Protection and reintegration of victims. The Committee notes the Government’s indication that, although it has not established the victims’ care centre or a fund to protect and rehabilitate victims of trafficking, medical, psychological, and legal and life skills services are accessible to victims at government hospitals and clinics, and the Child Gender and Protection Unit (CGPU) has to provide limited counselling to such groups. The Committee also notes the information contained in the Government’s report to the Human Rights Council as mentioned above, that it has collaborated with civil society organizations to run care centres so as to provide victims of trafficking with assistance, and that the Ministry of Social Development trained 21 officials on the definition of trafficking and basic victim identification. The Committee requests the Government to continue to provide information on the measures taken to provide protection and assistance to victims of trafficking with a view to facilitate their subsequent re-integration into society.

3. Adequate penalties. The Committee previously observed that pursuant to section 5(1) and (2) of the Anti-Trafficking in Persons Act, a person convicted of trafficking could possibly only be convicted to pay a fine. The Committee requested the Government to indicate the manner in which such a provision is applied in practice.

The Committee notes the Government’s indication that there has been no prosecution of trafficking offenders in 2014. The Government pledges to avail the information requested as soon as the cases are disposed of and sanctions imposed on offenders. The Committee notes however, the information contained in the Government’s report to the Human Rights Council that investigations on eight cases have been completed, in five of which the accused have appeared before the courts on remand. Trials are continuing on two cases and one case is complete and a conviction was secured at the trial court though on appeal it was overturned. The Committee requests the Government to provide information on the application in practice of section 5(1) and (2) of the Anti-Trafficking in Persons Act, supplying information on the number of investigations carried out, convictions and the penalties imposed on perpetrators. Please also indicate the measures taken to ensure that law enforcement bodies benefit from adequate training.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. The Committee previously noted that section 314A(1) of the Criminal Procedure and Evidence (Amendment) Act, 1998 enables the Court to replace a sentence of imprisonment or detention for a person convicted of a minor offence (for which the Court may pass a sentence not exceeding 18 months of imprisonment) by an order to perform community services. The Committee requested the Government to indicate whether the imposition of a sentence of community work requires the consent of the convicted person.

The Committee notes the Government’s indication that Rule 16 of the Community Service Sentence Rules 1999 provides for consent of the convicted person to do community work as an alternative sentence. The nature of work performed is mostly agriculture related and/or cleaning of the environment. It is community based, therefore conducted at the instance of the community as a way of the offender showing remorse by giving back to the community. There is no particular organization for the benefit of which the work is carried out, as long as the community in general benefits. The Committee takes note of this information and requests the Government to provide a copy of the Community Service Sentence Rules of 1999.