Southern Africa - Angola

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					               GLOBAL REPORT ON TRAFFICKING IN PERSONS

               The following countries are covered in this Any missing information concerning the
                section: Angola, Botswana, the Democratic region was either unavailable or not accessed
                         Ang
                      Repub
                      Republic of the Congo, Lesotho, by UNODC.
                       Malawi, Mozambique, Namibia,
                       Mala
                       South Africa, Swaziland, Zambia
                       and Zimbabwe.
                           Z


                  Angola
                   Institutio
                   Institutional framework                         Services provided to victims
                           does
                   Angola do not have a specific provision         NGOs and international organizations provide
                 criminalizing
                 criminalizin human trafficking. The General       legal protections, medical assistance, and hous-
               Labour Law prohibits compulsory work and            ing and shelter for persons in need, including
                        provisions on the prohibition of forced
               includes prov                                       trafficking victims.
               labour.
               labour
                                                                   One victim trafficked for sexual exploitation was
               Criminal justice response                           repatriated by IOM from South Africa in 2005.
               The country has an inter-ministerial committee      Additional information
               to combat child labour.
                                                                   According to the Southern African Police Chiefs
               Because of the absence of a specific provision on   Organization (SARPCCO), no cases of traffick-
               human trafficking, no prosecutions or convic-       ing in persons were detected in Angola in the
               tions were recorded for trafficking in persons      past few years.
               during the reporting period.
Angola




         120
                                                                                   Southern Africa


Botswana
Institutional framework                             Services provided to victims
Botswana does not have a specific provision                                                -
                                                    There is no information on services pro-
criminalizing human trafficking. The Botswana       vided to victims of trafficking.
Penal Code of 1964 prohibits abduction, kid-
napping, slave trafficking and the buying of        Additional information
women and girls for commercial sex.                                                          n
                                                    There are two shelters for abused women and
                                                    children, including trafficking victims.
Criminal justice response
Because of the absence of a specific provision on
human trafficking, no prosecutions or convic-
tions were recorded for trafficking in persons
during the reporting period.




                                                                                                      Botswana


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                                   GLOBAL REPORT ON TRAFFICKING IN PERSONS


                                   Democra
                                   Democratic Republic
                                         th
                                      of the Congo
                                           Instit
                                           Institutional framework                      Services provided to victims
                                           The Democratic Republic of the Congo
                                                D                                       NGOs and international organizations provide
                                         does not have a specific provision criminal-   legal protection and medical assistance for traf-
                                      izing human trafficking. The sexual violence
                                             hum                                        ficking victims. The Ministry of Social Affairs
                                               pr
                                       statute prohibits child and forced prostitu-     supports local NGO efforts to combat traffick-
                                              pim
                                        tion, pimping and sexual exploitation. The      ing in persons.
Dem. Republic of the Congo


                                             cons
                                        new constitution forbids child soldiering.

                                              j
                                     Criminal justice response
                                              th
                                   Because of the absence of a specific provision on
                                   human trafficking, no prosecutions or convic-
                                           traffic
                                               re
                                   tions were recorded for trafficking in persons
                                   during the reporting period.
                                   Arrests and convictions related to trafficking in
                                   persons were recorded for “unlawful recruit-
                                   ment of child soldiers” and for war crimes and
                                   crimes against humanity in connection with the
                                   recruitment of child soldiers and sexual slavery.
                                   In the latter case, these episodes are under the
                                   jurisdiction of the International Criminal
                                   Court.




                             122
                                                                                    Southern Africa


Lesotho
Institutional framework                              Services provided to victims
Lesotho does not have a specific provision crim-     Local NGOs provide medical assist-
inalizing human trafficking. The provisions of       ance and housing services for traffick-
the Child Protection and Welfare Bill of 2004        ing victims. The Child and Gender
deal with the protection of children in cases such   Protection Unit (Lesotho Royal Mounted
as abduction, child stealing and sexual abuse.       Police) have trained staff providing psycho-
                                                                                              ho-
The Sexual Offences Act No. 29 of 2003 and the       social care and support and play therapy for
                                                                                              apy
provisions of the Labour Code Order No. 24 of        children who have been sexually abused, as well
1992 might be applied to prosecute some forms        as for other victims of abuse.
of trafficking for sexual exploitation and forced
labour.

Criminal justice response
The Child and Gender Protection Unit (CGPU)
was established by the Lesotho Mounted Police
in November 2002. Currently, the CGPU has
an office in each of the 11 police districts in
Lesotho; three officers (male and female) are
assigned to each office. Cases of trafficking of
women and children fall within the jurisdiction
of this unit.
Because of the absence of a specific provision on
human trafficking, no prosecutions or convic-
tions were recorded for trafficking in persons
during the reporting period. Three convictions
were recorded in 2005 for sexual exploitation
and one conviction in 2004 for child stealing.

                                                                                                        Lesotho


                                                                                                       123
               GLOBAL REPORT ON TRAFFICKING IN PERSONS


               Malawi
                      Institu
                      Institutional framework                       Services provided to victims
                       Malaw does not have a specific provi-
                       Malawi                                       State authorities provide legal protection and
                       sion criminalizing human trafficking.        medical assistance for abused persons, including
                    Some prprovisions of the criminal code, such    trafficking victims. Local NGOs and interna-
                   as abduc
                      abduction, procuring, maintaining a           tional organizations provide legal protection,
                 brothel, fo
                           forced labour and slavery, might be      medical assistance, housing, and rehabilitation
                   used to pprosecute some forms of trafficking     and reintegration services for abused and
                   for sexua exploitation and forced labour.
                       sexual                                       exploited children.
                   The Child Care, Protection and Justice Bill,
                  which defi child trafficking and sets a pen-
                         defines                                    For the 10 convictions reported above for forced
               alty of life i
                            imprisonment for traffickers, has       child labour between 2004 and 2007, the vic-
               been drafted and was awaiting approval in June       tims were all from Malawi and were exploited in
               2008 by the competent authorities.
                             c                                      Malawi or in neighbouring Zambia. One case
                                                                    was reported of a Zimbabwean child exploited
               Criminal justice response                            in Malawi. One Malawian woman, who was a
                                                                    victim of trafficking, was repatriated from
               Authorities report that about 400 child protec-      Europe in 2006.
               tion officers have been appointed to monitor
               trafficking and child labour. A Victim Support       Children have been detected as victims of organ
               Unit established within the police deals with        removal for the purpose of performing rituals.
               abuse cases in general, including trafficking in
               persons.
               Because of the absence of a specific provision on
               human trafficking, no prosecutions or convic-
               tions were recorded for trafficking in persons.
               Authorities reported about 10 convictions for
               forced child labour between 2004 and 2007. In
               these cases, the convicted offenders were citizens
               of Malawi and Zambia. Additionally, six
               Malawian citizens were arrested for organ
               removal in 2006.
Malawi




         124
                                                                                       Southern Africa


Mozambique
Institutional framework                               Services provided to victims
Mozambique adopted specific legislation on            Local NGOs and international organi-
trafficking in persons in April 2008. Before that,    zations provide legal protection, medi-
provisions in the criminal code concerning the        cal and psychosocial assistance, housing
violation of labour laws, abduction or kidnap-        services, repatriation and reunification
ping were used to prosecute some forms of traf-       with families.
ficking in persons. A National Action Plan for
Children, which considers many forms of child         Four adult women were identified by State  y
abuse, was adopted by the Social Welfare Minis-       authorities as victims of trafficking in 2005, two
                                                                                                 05,
try.                                                  in 2006 and one in 2007. All were citizens of
                                                                                                  zens
                                                      Mozambique sheltered and repatriated by IOM y
Criminal justice response                             − six were repatriated from South Africa and one
                                                      from Zimbabwe – and all were victims of sexual
                                                                                                 f
Child Protection Units were established in a few      exploitation and forced labour, with three h
police stations by the Association of Defenders       women trafficked for forced labour, two for
of Child Rights (ADDC). The commonly known            sexual exploitation, and the other six exposed to
‘gabinetes de atendimento’ are help desks sta-        a mixed form of sexual and labour exploitation.
tioned in most police stations where victims of       Two children were repatriated from South Africa
trafficking and domestic violence can report          to Mozambique as victims of trafficking for
their cases and get assistance. There are currently   forced labour.
184 gabinetes de atendimento.
According to the Ministry of the Interior and
the police, there were no official records of cases
of trafficking in persons during the reporting
period.




                                                                                                            Mozambique


                                                                                                           125
                GLOBAL REPORT ON TRAFFICKING IN PERSONS


                Namibia
                        Institu
                        Institutional framework                        Services provided to victims
                         Nami does not have a specific provi-
                         Namibia                                       Local NGOs provide legal protection and medi-
                         sion criminalizing human trafficking.         cal and psychosocial assistance to persons in
                      Kidnapping, child labour, enticing a
                      Kidnap                                           need and victims of abuses, including victims of
                     woman to a brothel for the purpose of pros-       trafficking in persons. There have been no (offi-
                   titution an other offences can be used to
                             and                                       cial) reports of people being trafficked to, from
                     prosecute some forms of trafficking in per-       or within the country.
                     sons. The Child Care and Protection Act is
                     awaiting adoption and contains specific ref-
                               a
                   erences to child trafficking. A draft Action
                              on
                 Programme o the Elimination of Child Labour
                in Namibia, w which includes proposed strategies
                against child trafficking, is expected to be
                adopted b the Ministry of Labour and Social
                 d     d by h
                Welfare in 2008.

                Criminal justice response
                The Women and Children Protection Police
                Unit is trained to assist victims of sexual assault.
                Fifteen officers are part of this unit, which was
                established in 2000. Because of the absence of a
                specific provision on human trafficking, no
                prosecutions or convictions were recorded for
                trafficking in persons during the reporting
                period.
Namibia




          126
                                                                                          Southern Africa


South Africa
Institutional framework                              Services provided to victims
South Africa established specific offences to        State authorities provide legal protec-
criminalize trafficking for sexual exploitation      tion, temporary stay permits, medical
and child trafficking for a wide range of pur-       and psychosocial support, housing and
poses. The Criminal Law (Sexual Offences and         shelter for victims of trafficking in per-
Related Matters) Amendment Act 2007 (Act             sons. NGOs and international organiza-    za-
No. 32 of 2007) serves as the basis to fight the     tions also offer legal protection, medical and
                                                                                                cal
trafficking of persons for purposes of sexual        psychosocial support, and housing and shelter.
exploitation, while the Children’s Act 2005 (Act     IOM provides assisted voluntary return and rn
No. 38 of 2005) can be used to prosecute cases       reintegration services.
of child trafficking. In addition, the South Afri-
can Constitution of 1996 prohibits slavery, ser-
                                                      Fig. 57: Victims of trafficking in persons
vitude and bonded labour. Comprehensive                        sheltered by IOM in South Africa, by
legislation based on the UN Trafficking Protocol               age and gender (2004-2006)
has been drafted and is due to be passed by par-       70
liament in 2009.
                                                       60                                         3
Criminal justice response                              50                                        14
A Trafficking Desk was established within the
                                                       40
Organized Crime Unit of the South African
Police Services. The Sexual Offences and Com-          30                         7
munity Affairs Unit belonging to the National                                                    44
                                                       20
Prosecution Service (NPS) deals with the pre-
vention of sexual offences through effective                     22              25
                                                       10
prosecutions.
                                                        0
Due to the absence of legislation covering the                  2004            2005            2006



                                                                                                              South Africa
reporting period, no prosecutions and convic-                      Wom en         Girls       Boys
tions were recorded up to 2007.
                                                      Source: IOM’s Counter Trafficking Programme − SACTAP



                                                     Additional information
                                                     Three South African victims were repatriated
                                                     from Zimbabwe and the Middle East. Although
                                                     police and NGOs generally refer cases of traf-
                                                     ficking to IOM, which is the only institution
                                                     collecting data on victims of trafficking in per-
                                                     sons in South Africa, not all cases of trafficking
                                                     brought to the attention of the police are referred
                                                     to IOM.




                                                                                                             127
                     GLOBAL REPORT ON TRAFFICKING IN PERSONS

                      Fig. 58: Victims of trafficking in persons shel-            About 12 shelters in 2006 were managed by
                               tered by IOM in South Africa, by form            IOM in a cooperative agreement with the South-
                               of exploitation (2005-2006)                      ern African Counter-Trafficking Assistance Pro-
                      70                                                        gramme (SACTAP). These shelters did not
                                 Forced labour                                  exclusively house victims of trafficking but also
                      60         Sexual exploitation                            cared for victims of domestic violence and desti-
                                                                20              tute women and children.
                      50

                      40

                      30               7
                      20                                        41
                                       25
                      10

                       0
                                     2005                     2006
                           Source: IOM’s Counter Trafficking Programme −
                                            SACTAP


                      Fig. 59: Victims of trafficking in persons sheltered by IOM in South Africa, by country of citizenship
                               (2005-2006)
                                                                                    Mozam bique, 5

                                                                                          Zim babw e, 4

                                                                                             Other Southern
                                                                                                Africa, 2

                                                                                                   India, 9
                                               Thailand, 60
South Africa




                                                                                               Congo, 7

                                                                                           Other African
                                                                                            Regions, 3

                                                                             South Africa, 3

                                                     Source: IOM’s Counter Trafficking Programme − SACTAP




               128
                                                                                    Southern Africa


Swaziland
Institutional framework                              Services provided to victims
Swaziland does not have a specific provision on      There are no referral mechanisms for
human trafficking. A draft law, the Sexual           victims of trafficking in Swaziland or
Offences and Domestic Violence Bill, which           any other specific services provided by
would specifically criminalize sex trafficking and   the State, NGOs or international organ-
mandate psychological services for victims, was      izations.
due to be presented to Parliament in 2007 but
was still pending as of mid-2008.

Criminal justice response
The Royal Swaziland Police Service has a Domes-
tic Violence, Child Protection and Sexual
Offences Unit dealing, inter alia, with traffick-
ing cases. Because of the absence of a specific
provision on human trafficking, no prosecutions
or convictions were recorded for trafficking in
persons.




                                                                                                       Swaziland


                                                                                                      129
               GLOBAL REPORT ON TRAFFICKING IN PERSONS


               Zambia
                      Institutional framework
                      Institu                                       Fig. 60: Victims of trafficking in persons
                                                                             sheltered in Zambia, by age and gender
                       Zamb has had some provisions in
                       Zambia                                                (2004-2006)
                       place on child trafficking and human         30
                    trafficking
                    traffickin since 2005, although trafficking                               1
                          spe
                   is not specifically defined in law.              25

                  Criminal justice response                         20                       13

                    The Task Force on Human Trafficking,            15
                   chaired by the Ministry of Home Affairs,
                            b
                       established within the Police Victims
                  was establ                                        10
               Support Unit (VSU). The VSU’s mandate is to                                   13               2
                                                                     5                                        1
               offer victim ssupport in cases relating to sexual
                                                                                                              5
               violence, pro
                          property grabbing and trafficking in                 2
                                                                     0
               persons and to offer legal advice to victims.
                                                                             2004           2005            2006
               Additionally, the Child Labour Unit, working
                                                                                   Girls    Boys        Wom en
               under the Ministry of Labour, is composed of 50
               officers and monitors the worst forms of child               Sources: IOM-Zambia and MAPODE
               labour, including girls forced into prostitution.
                                                                    Fig. 61: Victims of trafficking in persons shel-
               One woman was prosecuted in 2005 and two                      tered in Zambia, by country of citizen-
               men in 2006 for trafficking in persons. No con-               ship (2005-2006)
               victions were recorded prior to 2006. However,
               one conviction was recorded in 2005 for an epi-
               sode of trafficking prosecuted through immigra-
               tion offences.                                                              Zam bia, 5

               Services provided to victims
                                                                                                          East
               State authorities provide legal protection for                                            Asia, 2
               victims of trafficking in persons. Additionally,
                                                                                                        Other, 1
               the State supports NGOs and international                     DR Congo,
               organizations in providing medical and psycho-                    14
               social support, and housing and shelter for vic-
               tims of trafficking in persons.
Zambia




                                                                            Sources: IOM-Zambia and MAPODE



                                                                   Additional information
                                                                   The victims reported above refer to those shel-
                                                                   tered by IOM plus victims sheltered by
                                                                   MAPODE. The five Zambian victims were
                                                                   repatriated by IOM from Angola in 2006. In
                                                                   2007, two Afghani boys were returned to
                                                                   Afghanistan from Zambia; they were intercepted
         130                                                       in the process of being trafficked to Europe.
                                                                                      Southern Africa


Zimbabwe
Institutional framework                             Services provided to victims
Zimbabwe does not have a specific provision on      NGOs and international organizations
human trafficking. The Zimbabwean Criminal          provide medical and psychosocial sup-
Code criminalizes sexual exploitation.              port and housing and shelter for vic-
                                                    tims of trafficking in persons. IOM also
Criminal justice response                           offers business training and income gener-  er-
Because of the absence of a specific provision on   ating projects. In the last few years, victims have
                                                                                                ms
human trafficking, no prosecutions or convic-       been sheltered by IOM and repatriated from   d
tions were recorded for trafficking in persons.     neighbouring countries.
One Zimbabwean citizen was convicted of sexual
exploitation in 2006.




                                                                                                           Zimbabwe


                                                                                                          131

				
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