Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Forced Labour Convention, 1930 (No. 29) - South Africa (Ratification: 1997)

Articles 1(1) and 2(1) of the Convention. Trafficking in Persons. In its previous comments, the Committee took note of the Prevention and Combating of Trafficking in Persons Act (PCTP Act) of 2013, which prohibits trafficking in persons and related activities, and provides for the protection of victims of trafficking. The PCTP Act also provides for the adoption of a National Policy Framework. The Committee further noted that the National Prosecuting Authority (NPA) was at the advanced stages of finalizing and issuing the directives for the implementation of the PCTP Act. In addition, prosecutors had undertaken training since 2013 on trafficking in persons and related matters. The Committee requested the Government to pursue its efforts to prevent, suppress and combat trafficking in persons.

The Government indicates in its report that it launched the Prevention and Combating of Trafficking in Persons National Policy Framework (NPF) on 25 April 2019, to promote a cooperative and aligned response to trafficking among all government departments and with civil society organizations engaged in assisting and supporting victims of trafficking. The NPF intends to support the implementation of the PCTP Act. Its strategic objectives are to: prevent trafficking in persons, including through awareness-raising and reducing vulnerability to trafficking and re-trafficking; establish a coordinated and cooperative institutional framework to combat trafficking; establish an adequate regulatory framework to combat trafficking; secure resources; and identify potential and presumed victims of trafficking and provide them with comprehensive assistance.

The Committee notes that the NPF contains a national anti-trafficking strategy, which outlines the strategic goals and specific objectives to be achieved to facilitate a comprehensive implementation of the PCTP Act, as well as a national anti-trafficking action plan, detailing how to achieve these goals and objectives.

In its report under the Worst Forms of Child labour Convention, 1999 (No. 182), the Government indicates the establishment of the National Inter-Sectorial Committee on trafficking in persons, consisting of national departmental representatives, the NPA and civil society organizations, which leads the implementation and administration of the PCTP Act at the national level. The Government also indicates in its report under Convention No. 182 that provincial trafficking in persons task teams and provincial rapid response teams were established to deal with and monitor complaints and, pending cases of trafficking in persons, and to provide support to victims.

The Government further indicates, in its report under the present Convention, that South Africa is a primary destination for trafficking in persons in the Southern African region and within Africa at large, and a country of origin and transit for trafficking in persons to Europe and North America. Men and women are trafficked for the purposes of labour and sexual exploitation. The Government reports that foreign male victims of forced labour have been detected on fishing vessels in South African territorial waters. It states that trafficking in persons is rooted in South Africa’s landscape due to the country’s deep structural inequalities and that a cultural shift and a systemic response are needed in this regard, including to detect suspicions of corruption.

The Committee notes the information from the United Nations Office on Drugs and Crime (UNODC) Regional Office for Southern Africa, according to which there is a limited number of shelters for male victims of trafficking in persons in South Africa.

The Committee notes that, although two regulations were adopted in August and October 2015 under sections 43(1)(a) and 43(3) of the PCTP Act, it does not appear that regulations envisaged under section 43(1)(b) and 43(2) of the PCTP Act were formulated and adopted. It notes that regulations under section 43(1)(a) of the PCTP Act relate to the creation of a mechanism to facilitate the implementation of the Act. Regulations under section 43(2) concern the recovery and reflection period for foreign victims of trafficking and their repatriation in their country of origin. Noting the efforts made to combat trafficking in persons, the Committee strongly encourages the Government to continue to take measures in this regard, especially in light of the prevalence of the phenomenon in the country. It requests it to provide information on the implementation and results of the national Policy Framework on prevention and combating of trafficking in persons, including in the areas of prevention of trafficking and identification of victims. It further requests the Government to provide information on the activities of the National Inter-Sectorial Committee on trafficking in persons, as well as of the provincial trafficking in persons task teams and provincial rapid response teams, and on the impact of these activities on the reduction of trafficking in persons. It also requests the Government to indicate the assistance and protection services provided to victims of trafficking, as well as the number of victims that have benefited from such services. Lastly, the Committee requests the Government to provide information on any regulations made under sections 43(1)(b) and 43(2) of the PCTP Ac, and, where possible, to provide a copy of them.

Article 25. Penal sanctions. The Committee previously noted that section 13(a) of the PCTP Act provides that a person convicted of trafficking is liable to a fine or imprisonment, up to life imprisonment. It observed that persons convicted of trafficking in persons might be punished only with a fine. The Committee accordingly requested the Government to provide information on the application of the PCTP Act, in particular on the specific penalties imposed on persons under section 13(a).

The Committee notes the absence of information in the Government’s report in this respect. It notes the 2018/2019 Annual Report of the South African police service, which indicates that between 1 April 2018 and 31 March 2019, a total of 448 victims of trafficking in persons were rescued (page 214). Referring to its 2012 General Survey on the fundamental Conventions, the Committee recalls that the possibility of imposing only a fine on a person committing the offence of trafficking in persons does not constitute a sufficiently effective penalty, in light of the seriousness of the violation and the dissuasive character that the sanction should have (paragraph 319). The Committee urges the Government to take the necessary measures to ensure thorough investigations and prosecutions of the perpetrators of the above-mentioned cases of trafficking in persons that have been uncovered by the South African police service, and to provide information on any convictions and penalties imposed on these perpetrators. It once again requests the Government to supply information on the application in practice of the provisions of the PCTP Act regarding trafficking in persons, including the number of persons convicted, as well as the number and nature of penalties imposed.

The Committee is raising other matters in a request addressed directly to the Government.