TRAFFICKING AND EXPLOITATION OF WOMEN IN AFRICA
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TRAFFICKING AND EXPLOITATION OF
WOMEN IN AFRICA
TIME FOR REGIONAL ACTION TO STOP
THE TRAFFIC By Joy Ngozi Ezeilo
INTRODUCTORY REMARKS
Trafficking is a complex phenomenon caused by a diverse set of
circumstances that is related, but not limited to a person‟s status,
income disparities, discrimination and asymmetries of information
as well as political, social and economic disadvantages. Human
trafficking can be considered from a number of different
perspectives including: human rights; crime control and criminal
justice; migration; and labour.
Almost every country of the world is affected either as a source,
transit, and/or destination country for women, children, and men
trafficked for the purposes of sexual or labor exploitation
(domestic servitude and bonded labor). Trafficking occurs within
and across national borders, often with one consignment of people
crossing many borders to reach their final destination.
INTRODUCTORY REMARKS
Available information suggests that trafficking in women
especially within the West and Central Africa for sexual and
economic exploitation is on the rise. Despite the problem of
quality, reliable data it is widely agreed that most
internationally trafficked people are women and children of
low socio-economic status, and the primary trafficking flows
are from developing countries to more affluent countries.
Internally, numbers can be even harder to obtain, and it is
suggested that current numbers are greatly underestimated.
SOME FACTS AND FIGURES ABOUT
TRAFFICKING
"Some 2.5 million people throughout the world are at any
given time recruited, entrapped, transported and exploited-a
process called human trafficking-according to estimates of
international experts." (UNODC: 2008)
Annually, according to U.S. Government-sponsored research
completed in 2006, approximately 800,000 women and
children are trafficked across national borders, which does
not include millions trafficked within their own countries.
Approximately 80 percent of transnational victims are
women and girls and up to 50 percent are minors (TIP
Report: 2007)
SOME FACTS AND FIGURES ABOUT
TRAFFICKING
Trafficking in persons has become a global business, reaping huge
profits for traffickers and organized crime syndicates, generating
massive human rights violations, and causing serious problems for
governments. And what we do not know according to GAATW-
June 2002- (website: http://www.inet.co.th/org/gaatw): How many
people are being trafficked and the financial scale of the industry?
It is difficult to estimate the number of people trafficked, as most
of this movement is irregular and unregulated.
Trafficking also differs according to region in terms of who is
trafficked, the sectors in which they work, and their areas of
origin and destination. Women especially younger women in West
and Central Africa for exploitation primarily in domestic services
and the sex industry.
SOME FACTS AND FIGURES ABOUT
TRAFFICKING
As has been observed Trafficking in the African region is at
significant levels and takes a number of forms, such as for
domestic work, farm labour and forced prostitution. Countries
can be those of origin, destination and/or transit, with trafficking
occurring within and across national borders, and to other regions
such as Western Europe. The situation of internal conflict in some
parts of Africa has resulted in many young girls and boys being
abducted from areas affected by the insurgency and being forced
to serve as soldiers or as sexual slaves to the rebel commanders
and soldiers. – See the Global Alliance Against Traffic in Women
(GAATW), June 2002.
TRAFFICKING &EXPLIOTATION OF
WOMEN IN AFRICA
A Source to Europe and a Route to Asia.
Inter-country trafficking persists
Trafficking within national borders is on large scale.
Internal trafficking, mostly from rural to urban areas persist
Women & Children trafficked for various exploitative
activities
AFRICAN
INMIGRATION
AFRICANS to
TOWARD SPAIN
EUROPE VIA The
Desert
Principales voies d’accès
Nord Africains
Subsahariens
Subsahariens
Subsahariens
Africains de
l’Est
ROUTES VIA THE SEA
ROUTES
ROUTES
Algérie
Mauritania
Senegal Niger
MALI
Gambia
Tchad
Guinea
Bisau BURKINA FASO
Guinea
BENIN
NIGERIA
Sierra
Leone
COTE
Liberia D’IVOIRE GHANA
Central African Republic
CAMEROUN
Equatorial Guinea
Congolese Repulic
Congo
• Red: domestic work + informal urbain GABON
sector,
• Blue: fishing sector (sea, lake, river),
• Brown: mining sector,
• Green:agricultural sector Démocratic Republic
of Congo
• White: other sectors of activity
FACTORS THAT PROMOTES
TRAFFICKING IN AFRICA
Africa has become a major source and supplier of trafficked persons around the
world and increasing number of women and girls, men and boys are trafficked
within and outside the region. The following are some of the root causes and
factors that promotes trafficking especially on women and children:
Poor governance that creates a climate in which traffickers can prosper, due to
an ineffective, absent or corrupt public administration;
Cultural and religious practices of fostering children in Africa which promotes
trafficking especially the practice of sending children to other relatives for
purposes of education or apprenticeship;
Conflicts that has engulfed most part of Africa has increased vulnerability of
persons to trafficking especially women and children;
FACTORS THAT PROMOTES
TRAFFICKING IN AFRICA
Poverty/High unemployment and human insecurity- freedom from fear and
want and livelihood challenges. Economic pressures and persistent poverty in
Africa are leading to a resurgence of human trafficking especially on women and
children for forced prostitution, domestic labour and sexual exploitation;
Gender inequalities- sex discrimination in employment and stereotypes about
women as sex objects and chattels to be bought and sold;
Role of ICT: Use of information technology, including internet, for the
purposes of exploitation of the prostitution of others, for trafficking in women,
for sex ;
Tourism exploiting women and children and for child pornography, paedophilia
and any other forms of sexual exploitation of children;
Illiteracy coupled with lack of awareness
International Frameworks for Combating
Trafficking in Women and Girls
The UN Convention Against Transnational and organized
Crime and the supplementary Protocol to Prevent, Suppress
And Punish Trafficking in Persons, Especially Women And
Children 2000 (known as Palermo Protocol), The Protocol
came into force 25th December 2003 and specifically
addresses trafficking in persons and defines “Trafficking in
Persons” in its Article 3 as follows:
TRAFFICKING DEFINED
The recruitment, harbouring, transportation, transfer,
harbouring or receipt of persons, be means of the threat or
use of force or other forms of coercion, of abduction, of
fraud, of deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of payments or
benefits to achieve the consent of a person having control
over another person, for the purpose of exploitation shall
include at 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.
RELEVANT INTERNATIONAL HUMAN
RIGHTS LAW ON TRAFFICKING
Universal Declaration on Human Rights (1948) ; The International
Covenant on Civil and Political Rights (1966): specifically articles
2, 3, 7, 8, 9, 12, 14,and 26; The International Covenant on
Economic Social and Cultural Rights (1966): specifically articles
2, 3, 6, 7, 10, 11, and 12; The Convention on elimination of all
forms of Discrimination Against Women (1979): specifically
articles 2, 6, 9, 11, 12, 14, 15, and 16 ; The UN Convention on
the Rights of the Child (1989): specifically articles 7, 16, 19, 28,
31, 32, 34, 35, 36, 37, and 39;The Optional Protocol to the
Convention on the Rights of the Child on the Sale of Children,
Child Prostitution and Child Pornography (2000): specifically
articles 1, 2, 3, 8.
RELEVANT INTERNATIONAL HUMAN
RIGHTS LAW ON TRAFFICKING
Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment (1984) specifically articles 1, 3, 13, and 14
The Convention on the Elimination of all forms of Racial Discrimination (1965)
specifically articles 2, 5,and 6
The ILO Convention on Forced or Compulsory Labour No C.29 (1930)
specifically articles 1, 2,and 6;
The UN General Assembly Declaration on Violence Against Women (1993)
specifically articles 2 and 3;
The UN resolution adopted by the General Assembly (A/61/144) 19th
December 2006 on Trafficking in Women and girls particularly the need for
global efforts, including international cooperation and technical assistance
programmes, to eradicate trafficking in persons, especially women and
children, demand the strong political commitment, shared responsibility and
active cooperation of all Governments of countries of origin, transit and
destination;
INTERNATIONAL ACTION/COOPERATION
Establishment in 2007 of the United Nations Global Initiative
to Fight Human Trafficking (UNGIFT) to coordinate actions
among governments, United Nations Organs, Civil Society,
Non-Governmental Organizations and the Private Sector in
order to fully ensure protection, prosecution and prevention
in dealing with human trafficking.
COMMITMENTS OF AFRICAN COUNTRIES ON
TRAFFICKING AND ACTION TAKEN TO MEET THOSE
COMMITMENTS
Regional Frameworks and Initiatives for Combating Human
Trafficking especially onWomen and Children
Trafficking is a grave violation of human rights especially the right to
liberty, and the right not to be held in slavery or involuntary servitude;
the right to be free from cruel and inhumane treatment, the right to be
free from violence, and the right to health;
Thus, there are regional legal frameworks designed to fight trafficking in
women
The African Charter on Human and Peoples Rights (1981) – see articles: 2,
5, 15, 18, 60 and 61;
The African Charter on the Rights and Welfare of the Child, (1990)- see
articles: 3, 15, 16, 21, 24, 25, 27, and 29;
The Protocol to the African Charter on the Rights of Women in Africa
(2003)- see articles: 2, 3, 4, 11, 13 and 24.
COMMITMENTS OF AFRICAN COUNTRIES ON
TRAFFICKING AND ACTION TAKEN TO MEET THOSE
COMMITMENTS
African Charter on the Rights and Welfare of the Child (1990- Art
29) and the Protocol to the African Charter on the Rights of
Women in Africa- Article 4 (2) (g) prohibits trafficking in children
and women and require state to prosecute the perpetrators of such
trafficking and protect those at risk.
Article 18 (3): The State shall ensure the elimination of every
discrimination against women and also ensure the protection of
the rights of women and the child as stipulated in international
declarations and conventions.
2006 AU/EU Ouagadougou Action Plan to Combat Trafficking in
Human Beings, especially women and children.
COMMITMENTS OF AFRICAN COUNTRIES ON
TRAFFICKING AND ACTION TAKEN TO MEET THOSE
COMMITMENTS
Revised AU Plan of Action on Drugs Control and Crime Prevention
(2007 – 2012) Adopted a the 3rd Session of the AU Conference of
Ministers for Drug Control and Crime Prevention held 3- 7th
December, 2007 is aimed at combating trafficking from crime control
perspectives. The Plan recognized that in a number of African countries,
drugs, crime and corruption are undermining development efforts.
High levels of income inequality, a high share of youth in population,
high rates of urbanization, low levels of criminal justice resources,
firearms proliferation, wars and civil conflicts as well as weak controls
over criminal activities leave Africa vulnerable to organized crime, drug
trafficking, trafficking in human beings, money laundering and
corruption. Crime, in a broad sense, inhibits development in Africa by
destroying human and social capital, drives away business and
investments, and undermines the ability of the State to promote
development1
COMMITMENTS OF AFRICAN COUNTRIES ON
TRAFFICKING AND ACTION TAKEN TO MEET THOSE
COMMITMENTS
DECISION ON STRENGTHENING THE COOPERATION
BETWEEN THE UNITED NATIONS AND THE AFRICAN
UNION IN COMBATING TRAFFICKING IN HUMAN BEINGS
Adopted at the Assembly of the African Union, 11th Ordinary
Session, 30 June – 1 July 2008, Sharm El-Sheikh, Egypt (
Assembly/AU/Dec.207(XI)
The Recent Resolution DIRECTS the Permanent
Representatives of the Member States of the African Union to the
United Nations in New York to propose and start negotiations on a
Global Action Plan for combating trafficking in human beings
under the auspices of the President of the United Nations General
Assembly,
DECISION ON STRENGTHENING THE COOPERATION
BETWEEN THE UNITED NATIONS AND THE AFRICAN UNION
IN COMBATING TRAFFICKING IN HUMAN BEINGS
taking the 2006 Ouagadougou Action Plan and other regional Action
Plans, in particular the ECOWAS Initial Action Plan Against Trafficking
in Persons as a basis for the African position, and to coordinate with
other interested Member States with similar action plans or similar
positions towards achieving our objectives- See Paragraph 7
And REQUESTS the Commission to provide all necessary support to
the Permanent Representatives in New York throughout the negotiation
process and to intensify its interaction with all organs and stakeholders
dealing with this issue with a view to ensuring the early adoption of the
proposed Global Action Plan, and to present a Progress Report, to the
next Ordinary Session of the Assembly in January 2009. (See paragraph
8)
Also relevant is the AU Migration Framework for Africa;
Sub Regional Initiatives- examples from
West Africa- ECOWAS and SADC Regions
ECOWAS Declaration to combat Trafficking in Persons
(2001) and the ECOWAS Initial Action Plan Against
Trafficking in Persons Adopted on the 17th of December
2001at a Ministerial meeting in Dakar Senegal Ministers of
Foreign Affairs of the ECOWAS countries.
The Plan of Action commits ECOWAS countries to urgent
action against trafficking in persons in 2002 – 2003, setting
achievable goals and objectives. It calls for countries to ratify
and fully implement crucial international instruments of
ECOWAS and the United Nations that strengthen laws
against human trafficking and protect victims of trafficking
especially women and children.
Sub Regional Initiatives- examples from
West Africa- ECOWAS and SADC Regions
The Action Plan calls for new special police units to combat
trafficking of persons. It also aims for training for police, customs
and immigration officials, prosecutors and judges; this training
will focus on the methods used in preventing such trafficking,
prosecuting the traffickers and protection of the rights of victims,
including protecting the victims from the traffickers.
It takes into account human rights and child and gender – sensitive
issues, and encourages cooperation with non – governmental
organizations and other elements of civil society. Under the Plan,
ECOWAS States will set up direct communication between their
border control agencies and expand efforts to gather data on
human trafficking. The information gathered will be shared
between all ECOWAS countries and the United Nations.
Sub Regional Initiatives- examples from
West Africa- ECOWAS and SADC Regions
States will create a task force or agency on trafficking in
persons, as focal points to direct and monitor the ongoing
implementation of the Plan of Action at the national level and
report on a bi – annual basis, to the ECOWAS coordination
structure set up within the ECOWAS Secretariat.
The ECOWAS/ECCAS Joint Plan of Action against
Trafficking in Persons, especially women and
children in West and Central Africa (2006-2009).
Sub Regional Initiatives- examples from West
Africa- ECOWAS and SADC Regions
The Draft Southern African Development Community (SADC) being
proposed by the SADC region has adopted definition similar to Palermo
Protocol 2000 to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children- SADC/CM/2/2008/8.2
In its Article 20 is on Gender Based Violence and 20 (5) stipulates that:
(5) State Parties shall, by 2015:
(a) enact and adopt specific legislative provisions to prevent human
trafficking and provide holistic services to survivors, with the aim of
reintegrating them into society;
(b) put in place mechanisms by which all relevant law enforcement
authorities and institutions may eradicate national, regional and
international human trafficking networks;
Sub Regional Initiatives- examples from
West Africa- ECOWAS and SADC Regions
(c) put in place harmonised data collection mechanisms to improve data
collection and reporting on the types and modes of trafficking to ensure
effective programming and monitoring;
(d) establish bilateral and multilateral agreements to run joint actions
against human trafficking among countries of origin, transit and
destination countries; and
(e) ensure capacity building, awareness raising and sensitisation campaigns
on human trafficking are put in place for law enforcement officials all
parties.
Furthermore, Article 20 (7) provides that State Parties shall establish
special counselling services, legal and Police units to provide dedicated
and sensitive services to survivors of gender
based violence.
Country Level Actions:
Nigeria: National Agency on Trafficking in Persons and Related
Matters (NAPTIP) established by an Act of Parliament in 2003 and
further amended in 2005 to establish Victims Funds amongst
others. NAPTIP remains a shining example from Africa that needs
to be replicated. It is indeed a new approach to combating
trafficking through victim centered approach- For more
information see www.naptip.gov.ng
Ghana: Has started action similar to that of NAPTIP. Nigeria
Egypt: “End Human Trafficking Now” Initiative of Suzan Mubarak
Women‟s International Peace Movement” Has raised awareness on
the issue of trafficking in Africa in cooperation with AU and the
UN.
WHAT HAS WORKED WELL?
Some Examples of What Works:
Multi- Agency Task Force on Trafficking- for better coordination
and there must be good communication strategy
Special Anti-Trafficking Unit or Agency- like NAPTIP in Nigeria
National Rapporteurs to gather, exchange, and process
information on human trafficking as well as monitor action.
Specific legislation to deal with issue of trafficking in persons and
related matters
Training for Law enforcement agencies to identify cases of human
trafficking, investigate them and prosecute as the case may be. To
facilitate their work, the Law enforcement agencies particularly
the Police must be equipped including ability to use high tech to
track and arrest offenders.
WHAT HAS WORKED ?
Some Examples of What Works:
Victims of Trafficking Funds- has been set up by Nigeria- NAPTIP
Tracing and ceasing money made by traffickers from the illicit
trade in human beings
To enhance information-sharing and data-collection capacities as a
way of promoting cooperation to combat trafficking in persons,
including through the systematic collection of sex- and age-
disaggregated data”.
Human Rights Standards for treatment of victims of trafficking
Counselling, Psycho- social support, medical and legal services are
required towards victims rehabilitation and re-integration
CHALLENGES/OBSTACLES AND
CONSTRAINTS
When it comes to the challenges associated with tackling human
trafficking, lack of reliable and complete data are a major problem,
especially in Africa. Other challenges include:
Since trafficking is mostly a cross border phenomenon, no one state can
tackle it alone and cooperation is therefore required;
When trafficking is internal, cultural and historical internal migratory
patterns and family/community support systems intersect to make
identification and intervention difficult;
Movement or operations of traffickers is clandestine which makes
detection difficult;
Often community or family are involved in the trafficking, making the
situation more complex;
Victims are often hidden in the unregulated sectors of the community
and economy doing sex work, domestic work, begging, armed conflicts,
or farm labour;
CHALLENGES/OBSTACLES AND
CONSTRAINTS
Trafficking is intertwined with other criminal activities such as
smuggling, drugs and arms trafficking;
There exists limited political will to combat trafficking. There are
for example many agreements and conventions signed, but little is
generally being done on implementation;
Many countries have limited resources for law enforcement and
re-integration of victims;
The root causes of trafficking, such as wide spread poverty, gender
discrimination, conflicts, corruption and restrictive immigration
policies of favored countries for migrants, are insufficiently
tackled;
Other crimes are involved in trafficking (e.g. falsification of travel
documents and smuggling) which often criminalizes actual
victims.
Critical Issues on Trafficking that should be
considered in setting an Agenda
Migration and Linkages toTrafficking;
Linkages to HIV and AIDS;
Linkages to Conflict;
Linkages to Growing Poverty/Economic Recession worldwide;
Linkages to other forms of gender based violence and gender
inequality;
The problem of demand that encourages trafficking needs to be
studied more deeply;
The Root Causes ofTrafficking that needs to be addressed;
Dearth of Research; and
International regional and sub- regional Cooperation's- context
and coordination.
Lessons Learned
International Cooperation and coordination is critical and no
one country can go it alone;
Crime alone perspective would not work in combating
human trafficking. We need multi-levels approach that will
focus on perspectives including: human rights; crime control
and criminal justice; migration; and labour;
Victims centered approach is crucial for rehabilitation and
full integration of victims to assume constructive roles in the
society.
RECOMMENDATIONS
African governments should ratify the Palermo Protocol and other
human rights instruments at international and regional levels that
is aimed at combating human trafficking especially the Protocol on
the Rights ofWomen in Africa;
Member states to have effective law that to tackle all aspects and
forms of trafficking including related criminal activity that may
occur at different stages of trafficking;
National Plan of Action to combat trafficking: The African Union
should encourage countries in Africa to develop and implement
comprehensive national plan of action on combating all forms of
trafficking and provide necessary technical assistance towards that;
Sub regional cooperation and coordination is required to combat
inter- state trafficking within the continent. A good model is
action taken by ECOWAS.
RECOMMENDATIONS
AU to Increase cooperation and capacity of member states to handle
readmission and reintegration of trafficking victims in line with human
rights
Establish dedicated Anti- trafficking agencies/units in every country and
inter-agency working group for coordination of all efforts aimed at
combating trafficking. Such Anti- agency must have specialized units on
counseling medical, legal and psychosocial support for victims;
Specialist trainings on law enforcement especially for investigators,
immigration officials, prosecutors and judges;
Strengthening of border and immigration control including sharing of
intelligence through Interpol while adopting fairer immigration laws and
policies to encourage legal migration;
Increase public awareness about trafficking in women and children and
condemning it as an act of violence.
RECOMMENDATIONS
Also, there is need to increased education and awareness at source,
transit and destination countries to expose the risks involved;
Africa Countries acting in concert and as individual countries should
take urgent action to address the root causes of trafficking such as
growing poverty and youth unemployment and gender inequalities that
increases women and girls vulnerability to trafficking;
The African Union should map out resources for applied research to
gather quantitative and qualitative data on the scale, seriousness and
trends on trafficking in the African region;
Governments, intergovernmental and non-governmental organizations
should collaborate and take steps to ensure that measures adopted for
the purpose of preventing and combating trafficking in persons does not
have an adverse impact on the rights and dignity of persons, including
those who have been trafficked.
Governments of Africa must pay attention to internal trafficking, which
is currently being neglected due to pressure from Europe and America.
CONFISCATING PROCEEDS OF CRIME
The Recommended principles and guidelines on human
rights and human trafficking (2002) developed by the Office
of the High Commissioner on Human Rights provide that
effective and proportionate sanctions shall be applied to
individuals and legal persons found guilty of trafficking or of
its component or related offences. States shall, in appropriate
cases, freeze and confiscate the assets of individuals and legal
persons involved in trafficking. To the extent possible,
confiscated assets shall be used to support and compensate
victims of trafficking. In order to deal with the proceeds of
the crime we need:
See Guidelines 15 and 16
CONFISCATING PROCEEDS OF CRIME
Effective Proceeds of Crime laws aimed at depriving
criminals of the proceeds of their crimes;
In order to confiscate the proceeds of a trafficker in the home
country, cooperation has to be strengthened between the
local police and other more specialized institutions, such as
the Nigeria Economic and Financial Crimes Commission
(EFCC), to investigate it and track these proceeds.
For proceeds in a foreign country, Police has to cooperate
with foreign police to share information and intelligence.
For tracking proceeds across several countries work with
Interpol, Europol or its equivalent in any region to trace and
confiscate such proceeds of crime.
SOME CONCLUSIONS
Africa has become a major source and supplier of trafficked
persons around the world and increasing number of women
and girls, men and boys are trafficked within and outside the
region; and we need to battle and change this reality and
image of Africa concerning human trafficking;
There is need for AU to enhance cooperation and
coordination between it and the Africa Commission on
Human and Peoples Rights and all other organs and
stakeholders dealing with this important issue in the
continent and beyond.
SOME CONCLUSIONS
Africa leaders should tackle with determination some of the
influencing factors in trafficking such as growing poverty and low
standard of living; gender Inequality and the low status of women;
demand for commercial sex (sex tourism) and cheap labour; the
inadequacy of laws and law enforcement. We now need refreshing
new ideas and insights into this phenomenon. I hope that together
we can examine our „solutions‟ of the past and begin to try to
propose better ways of looking to the future.
Stop the Traffic! Together We
Can!
THANK YOU FOR TAKING ACTION TO
STOP THE TRAFFIC!
JOY NGOZI EZEILO
United Nations Special Rapporteur on Trafficking
especially on women and children
Founding Director, Women Aid Collective (WACOL)
Also: Senior Lecturer, Department of Public &
Private Law, Faculty of Law, University of Nigeria,
Enugu Campus.
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