Category Archives: Notícias

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Strengthening the Judicial Response to Human Trafficking and Smuggling of Migrants: JUDICIAL COLLOQUIUM

Johannesburg, 15-17 March 2023 – UNODC in collaboration with the South African Judicial Education Institute (SAJEI) convened a Judicial Colloquium Against Trafficking in Persons (TIP) and Smuggling of Migrants (SOM) in Johannesburg, South Africa from the 15 to 17 March, which is part of UNODC priorities in the SADC Region in enhancing the capacity of criminal justice practitioners in the response to human trafficking and smuggling of migrants using human and victim centred approaches under the joint UNODC-SADC Regional Programme (2013 -2023). The Regional Programme aims to support the SADC countries to respond to the evolving threats and challenges related to crime, drugs, and terrorism in all its manifestations.

The objectives of the training were to strengthen capacity of Judicial officers to effectively address trafficking in persons and smuggling of migrants with a special emphasis on vulnerabilities of victims, migrants and the trauma they suffer; strengthen Judicial officers’ understanding of vulnerability and its role in presenting challenges to evidence and using tools that explain psychology and culture with special emphasis on child victims to resolve the evidential challenges and lastly to build the capacity of judicial officers on Sentencing principles on anti-trafficking in persons. The training workshop was in line with UNODC Strategic Vision for Africa 2030, which aims to provide innovative ways to support Member States and stakeholders over the next 10 years to strengthen crime prevention, enhance the effectiveness of criminal justice systems, counter organized crime, and corruption, promote balanced drug control and improve the rule of law. Furthermore, UNODC is committed to gender mainstreaming and exercises a proactive gender perspective in the process of assessing the implications of any planned action for both women and men, hence, the workshop was designed in line with UNODC Gender Strategy.

In the Southern African Development Community (SADC), one unique trend that stands out in the region is that convictions on human trafficking remain low. UNODC has over the years convened Regional Judicial Trainings on Combating Trafficking in Persons for Judges and Magistrates in order to strengthen the adjudication of trafficking in persons cases. The convening of judicial colloquiums on anti-trafficking in persons and anti-smuggling of migrants remains a key intervention in the response to human trafficking and smuggling of migrants in the region.

During the official opening of the workshop, Dr. Gomolemo Moshoeu. Chief Executive Officer, South African Judicial Education Institute (SAJE) said that “judicial education on emerging crimes like human trafficking is extremely important. Complex legislation which we continue to draft, and other legal issues in today’s world require continual education and training. In addition, increasing media scrutiny also require that our judicial decisions are appropriate, fair, and palatable to the general public to whom we account”. UNODC has over the years provided technical support to the Republic of South Africa on the domestication of the Trafficking in Persons Protocol. This support has involved the strengthening the collection and analysis of human trafficking data, supporting the harmonization and operationalization of the Trafficking in Persons Act, building the capacity of criminal justice practitioners on combating trafficking in persons and smuggling of migrants especially front-line law enforcement officers and just recently the development and finalization of the National Policy Framework on combating trafficking in persons.

The outcomes of the workshop include the following: the South African Judicial Education Institute (SAJEI) will continue to collaborate with UNODC to convene Judicial colloquiums for Judges and Magistrates across South Africa especially training of trainers (TOTs) sessions in order to enhance the sustainability of the initiatives, a Regional Judicial Colloquium on address Trafficking in Persons and Smuggling of Migrants will be convened in 2023, SAJEI and UNODC finalized the Anti-Trafficking in Persons Judicial Handbook for Judges and Magistrates in South Africa.

The training workshop was attended by Judges and Magistrates from KwaZulu Natal, Eastern Cape and Western Cape provinces in South Africa; officials from South Africa Judicial Education Institute (SAJE) and UNODC officials.

Group photo of participants

This Judicial Colloquium was held under the Southern Africa Migration Management (SAMM) Project which is a model of ONE-UN approach collaborative effort between 4 UN development and humanitarian agencies: the ILO, the IOM, UNODC and UNHCR. The overall objective of this programme is to improve migration management in the Southern Africa and Indian Ocean region.

Mar012023NOCOMMENTS

Makungu Baloyi

Notícias

Migration and Development Forum Kingdom of Eswatini

The Migration Development Forum sought to facilitate the identification and exchange of good practices among different government institutions and cooperation partners that would create an enabling environment towards the effective mobilization of the Emaswati Diaspora. The discussion also focused on youth engagement within the diaspora. With tech com- panies like Twitter and Google opening in Ghana this brings attractive job prospects for youth, including technical skills transfer from Ghanaian diaspora.

The importance of segmentation of diaspora groups was explained and those that left Ghana as economic migrants less than a generation ago versus those with ancestry ties to the country or those who had different reasons to leave Ghana. This helps to personalize the response to why these particular diaspora communities should re-engage with the country and/or return. The purpose of diaspora events is the connection to place, to people and to have fun. It was noted that there are common features between Lesotho and Eswatini: both are kingdoms with a shared common neighbour in South Africa, with a large percentage of labour migrants in South Africa. The need for schemes and incentives as part of policy development and action planning as an interplay between government and private sector interests was outlined during the forum.

There is also a need to foster the entrepreneurial spirit of Emaswati in Eswatini and abroad to see the opportunity to go abroad and make money and the aspirations of Emaswati to then return to Eswatini to build a house and set a business. The panel discussion concluded by outlining the need to create a business ecosystem that involves the interplay between government, business, society, and diaspora communities.

Fev142023NOCOMMENTS

Makungu Baloyi

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Priority setting workshop on the implementation of the national migration policy in Namibia

IOM and the Government of Namibia have been collaborating on a number of initiatives, over the last few years, to maximize the potential of migration for the country’s development. Within the framework of this effort, IOM and the Government of Namibia jointly organized a 2-day Priority setting workshop on the implementation plan of the national migration policy in the current financial year (2023/2024). The workshop aimed to enhance the knowledge of key actors in migration management and identify priorities for the NMP and its implementation strategy in the next three years.

Government officials engaged on a technical exercise where they identified priorities within the NMP. The need to Strengthen the migration policy, legal, and institutional frameworks through the use of the Migration Profile to support well-evidenced and data driven policies was echoed during the workshop. Furthermore, it was encouraged that there be ratification of remaining international conventions of the ILO and UN and the effective implementation of all ratified international and regional instruments and ensure effective harmonization of national migration policy and institutional frameworks with international instruments of the ILO and UN.

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UNHCR and IOM Undertake Joint Screening and Registration on Progress in Comoros

From January to February 2023, UNHCR South Africa Multi-Country Office conducted joint screening with IOM and registration on pro- Gres v4 in Comoros, located in the northern Mozambican channel of the Indian Ocean, for people in need of international protection. This was after 30 migrants travelling to the island of Mayotte, which is part of France, were intercepted by the Comorian coastguard and provided shelter in the gendarmerie on Moheli Island on 8 January 2023. After a meeting between the UN Resident Coordinator Francois Batalingaya and the Minister of Interior, IOM and UNHCR were finally permitted to conduct joint screening to determine if they were of concern to either IOM or UNHCR. All 30 individuals sought asylum and protection in Comoros and were registered in the UNHCR proGres database utilising the Biometric Identity Management System (BIMS).

Furthermore, UNHCR engaged with the Commission Nationale des Droits de l’Homme et des Libertés (CNDHL), which is mandated to ensure that the human rights of vulnerable per- sons like refugees and forcibly displaced people are not violated. CNDHL also advocates with the government and parliament to ratify inter- national instruments relating to human rights in the country. UNHCR informed the CNDHL on developments related to individuals refouled, the extent to which Comoros was meeting its international and domestic obligations and how joint advocacy could be undertaken to pre- vent breaches, improve the protection space and support the government.

Makungu Baloyi

Notícias

UNHCR and IOM Undertake Joint Screening and Registration on Progress in Comoros

Dez092022NOCOMMENTS

Makungu Baloyi

Notícias

Draft Law Proposes Compensation for Victims of Trafficking in Mozambique

A revised draft law on trafficking in persons proposes the creation of a fund to compensate victims of this crime in Mozambique, in line with the spirit of the Trafficking in Persons Protocol which stipulates procedures to ensure that victims have access to compensation.

Mozambique is just the latest country seeking to adopt this specification into national legislation. With a population of about 30 million, Mozambique is a country of origin, transit and destination for victims of human trafficking, who are often part of wider mixed migration flows. Tete province, for example, located on the border with Malawi, is a key transit area of the “Southern Route” used by irregular migrants from the Horn of Africa and beyond, trying to reach South Africa. This route is believed to be targeted by human traffickers seeking to recruit or transfer victims of different nationalities.

Mozambican victims, on the other hand, are often detected in Eswatini with which the country shares a 430km border. The desire for people for a better life and more financial stability often makes people prey to manipulation by traffickers. “People in Mozambique believe that South Africa is the Eldorado,” said Ms. Amabelia Chuquela, Assistant Attorney-General in Mozambique and coordinator of the National Reference Group on Trafficking in Persons.

The proposed compensation mechanism for victims of trafficking is, according to Ms. Chuquela, an innovation drawn from the experiences of other countries, including Egypt, that provide an emolument to enable victims to re-establish their lives.

This is supported by Article 6, paragraph 6 of the Trafficking in Persons Protocol which obligates state parties to ensure that domestic legal systems include provisions that offer victims of trafficking the possibility of obtaining compensation for damages suffered.

Compensation can be in the form of restitution provisions in criminal law, victim compensation funds supported by the state or civil remedies enabling victims to initiate legal action against an offender in order to obtain damages as a result of the harm suffered.

“It is important that states put in place ways that enable victims to be compensated for the grave harms they have suffered and the lost opportunities as a result of their ordeal,” commented Ms. Zoi Sakelliadou, Crime Prevention and Criminal Justice Officer at UNODC. “It is now imperative to ensure that victims have effective access to remedies such as compensation funds.”

Among the major advocates for compensation is the UN Special Rapporteur on Trafficking in Persons. However, Ms Sakellioadou said just as important is “making compensation accessible and meaningful.”

Thankfully, civil society groups across the world are stepping forward to support victims of trafficking to access compensation and research into the issue of remedies is growing, she said.

In Mozambique the proposal gained ground, thanks to a case that placed human trafficking high up the Government’s agenda, leading to a review of the 2008 trafficking in persons legislation.

The case involved the trafficking for sexual exploitation of three Mozambican women, who were promised the opportunity to study and to work in a hair salon in South Africa. Eventually, cooperation between the authorities in Mozambique and South Africa led to the perpetrators being convicted of trafficking for practices similar to slavery and forced labour.

With support from the United Nations Office on Drugs and Crime (UNODC), Mozambique had ratified both the United Nations Trafficking in Persons Protocol and the Migrant Smuggling Protocol in September 2006.

Despite this major achievement, Ms. Chuquela emphasized the complexity inherent in identifying the crime of trafficking in persons as well its victims. “Every day the perpetrators change their modus operandi,” she said.

However, Mozambique’s internal dynamics also play a role. For example, instability to the north of the country has led to claims of citizens being coerced to join terrorist groups. Traffickers are also alleged to have targeted internally displaced persons. In the same region, a link is often made between trafficking and the removal of organs.

In addition, recent cyclones on the Mozambique coast displaced thousands, rendering them vulnerable to exploitation. This is compounded by a lack of adequate resource for the fight against trafficking in persons and migrant smuggling by criminal justice institutions.

But UNODC has been on hand to assist the Government, including by supporting legislative reforms as well as providing capacity building, along with data collection and analysis.

In parallel, UNODC has supported cooperation between Mozambique and Eswatini. “Due to regular bilateral meetings, cooperation in cross-border anti-trafficking in persons and the smuggling of migrants initiatives are at an advanced stage,” said Ms. Jeptum Bargoria, UNODC’s coordinator of the EU-funded Southern Africa Migration Management (SAMM) project.

Story by Wilson Johwa, UNODC Southern Africa

Nov182022NOCOMMENTS

Makungu Baloyi

Notícias

Regional Case Digest for Southern Africa Assists Judicial Officers to Prosecute Suspected Traffickers

Justice Fiona Mwale

It was a victory for law enforcement against a crime that had originated in cyberspace. The accused, ML, had been using Facebook over a period of four years to lure and groom young girls by promising modelling jobs and money.

He requested them to send him nude pictures and, once received, blackmailed the victims by threatening to expose their identities if they refused to engage in sexual acts with him and the co-accused. In some instances, these acts were filmed.

The accused was eventually sentenced to 25 years’ imprisonment for his guilty plea on 26 counts of, inter alia: sexual assault; extortion; possession of indecent photographs; possession of prohibited visual recordings; and recruiting, harbouring, transferring, and receiving a child while knowingly or recklessly disregarding that the person is a child for the purpose of exploitation.

This case (R v ML & Ors Cr S 63/19) occurred in Seychelles and is featured in a Regional Case Digest launched in 2022 by the United Nations Office on Drugs and Crime (UNODC)’s Southern Africa office. The digest is meant to assist judicial officers to improve the identification of and conviction for the crime of trafficking in persons.

Explaining the significance of the Seychelles case was Justice Fiona Mwale, an experienced judge from Malawi who was commissioned by UNODC to lead a seminar meant to increase the knowledge of judicial officers in identifying and prosecuting the crimes of trafficking in persons and migrant smuggling.

Justice Mwale said the case in Seychelles illustrated that nothing has complicated the fight against human trafficking like the onset of cyberspace. “All you need to commit cybercrime is an IP address,” Justice Mwale noted.

She explained that cybercrime can be cyber-dependent or cyber-enabled. The former can only be enacted using computers, computer networks or other forms of information and communications technology (ICT), such as the creation and spread of malware and hacking to steal sensitive personal or industrial data.

On the other hand, cyber-enabled crimes are traditional crimes that can be increased in their scale or reach using computers, computer networks or other forms of ICT. Unlike cyber-dependent crimes, they can be committed without the use of ICT. Thus, in many instances, a simple cellphone can be used. Even inmates with access to cellphones in prisons have been found to run phishing scams.

However, identifying, investigating, and convicting criminals operating in cyberspace and on digital networks is complex.

According to Justice Mwale, this is because law enforcement authorities cannot easily access and secure evidence – or secure cooperation across borders – in instances where the perpetrator and the victim are in different places.

More significantly, to effectively deal with human trafficking perpetuated through cybercrime – such as the case listed above in Seychelles – there is a need for a certain level of digital expertise, which law enforcement officials do not always have.

The seminar represents just one instance in which UNODC’s Regional Case Digest can help illustrate criminal methodology, helping prosecutors and judicial officers to identify and convict criminals. The digest provides references to challenges specific to Southern Africa, including child trafficking, sexual exploitation, and the significance of customary practices.

The Regional Case Digest was developed in both digital and hard copy versions in the official languages of the Southern Africa region: English, French and Portuguese. Funding for the digest was provided by the European Union through the Southern Africa Migration Management (SAMM) project.

Story by Wilson Johwa, UNODC Southern Africa

Readers Digest. Available in three languages

Set122022NOCOMMENTS

Makungu Baloyi

Notícias

Human Trafficking: Prevalent in Public Discussions but Not in the Courts

Pretoria – South Africa is a preferred country of destination for many types of migrants, including unaccompanied children and smuggled migrants. The crime of trafficking in persons is also an issue of concern, with women and children being major victims.

However, like everywhere in the world, human trafficking is characterized by a very low rate of prosecution. While it has always been hard to detect such cases, the onset of the internet and advances in technology have made it even harder to catch those involved. Traffickers use the cover of the web to recruit their victims, to advertise their services and to move the proceeds of their crimes.

On the bright side, the average conviction rate globally has tripled since 2003 when the United Nations Trafficking in Persons Protocol entered into force. But this is off a very low base. Thus, human trafficking is hardly in decline.

In 2018 about 50,000 victims of human trafficking were detected and reported by 148 countries, according to the United Nations Office on Drugs and Crime (UNODC). Even then, the actual number of victims could be higher.

Suspected cases in South Africa are more likely to be in private conversations and on social media than in the courts. This points to the need for improvements in both law enforcement and prosecution, according to the country’s Deputy Minister of Justice and Correctional Services, John Jeffery, expressing what holds true across the world.

This view is also shared by Vincent Ratshibvuma, a judge based in Mpumalanga, one of South Africa’s nine provinces, which borders Mozambique and Eswatini. “That is why I made a case for the NPA (the National Prosecuting Authority) to be trained in such cases since they are the ones who bring cases to court,” he said.

Mr Jeffery and Judge Ratshibvuma were speaking at a colloquium of judicial officers jointly organized by UNODC and the South African Judicial Education Institute (SAJEI). The gathering was meant to familiarize magistrates with the intricacies of trafficking in persons and migrant smuggling.

Mr Jeffery described trafficking in persons as a crime that does not stop at national borders and “that’s why cooperation is important.”

Justice Ratshibvuma noted that all of South Africa’s neighbours had signed the Trafficking in Persons Protocol. The treaty provides for countries to receive practical assistance to draft national anti-trafficking in persons legislation, in addition to creating related strategies and assisting victims. “Unless you have the cooperation of your neighbours fighting trafficking in persons is not going to work,” said Justice Ratshibvuma.

UNODC Southern Africa Regional Representative Jane Marie Ongolo said the organization is involved in the compilation of a Southern African Regional Case Digest to assist with the prosecution of cases. “We realized that, sadly, the highest percentage of crimes in the region relate to trafficking for sexual exploitation, and mostly involve minors,” she said.

UNODC is also cooperating with the South African Police Service to roll out trainings that will reach officers throughout the country. The aim is to close the identified gap in evidence gathering and follow-up.

Teresa Horne, a judicial trainer with SAJEI, elaborated on what she sees as the growing use of ordinary residences and hotels as brothels.

According to Dr Ongolo, Africans continue to move across the continent in search of economic opportunities, hence policymakers need to work at making migration safe, regular and a force that can be harnessed for development, both in the countries of origin and destination.

She said contrary to perceptions that many Africans are making their way to Europe, the vast majority of those thinking about migrating have no interest in leaving the continent and have no intention of moving permanently.

“An argument can be made that migration is etched in Africans’ DNA, that Africans have and will always move within and across the continent, and that they are not about to stop,” Dr Ongolo said.

About the Southern Africa Migration Management (SAMM) project

The judicial colloquium was organized under the SAMM project which is funded by the European Union and is a collaboration of four UN agencies: UNODC, ILO, IOM and UNHCR, under the one-UN model. The overall objective is to improve migration management in the Southern Africa and Indian Ocean region. https://www.sammproject.org/

Story by Wilson Johwa

Makungu Baloyi

Notícias

Human Trafficking: Prevalent in Public Discussions But Not in the Courts

South Africa’s Deputy Minister of Justice and Correctional Services John Jeffery has acknowledged the general low level of prosecution for the crime of trafficking in persons globally, saying in South Africa such cases were usually anecdotal and existed mainly in public discussions, including on social media.

This pointed to the need for improvement in law enforcement and prosecution, he said.

Echoing the same sentiment was Vincent Ratshibvuma, a judge based in Mpumalanga province who said while there was talk of human trafficking being widely prevalence in the province, very few cases were brought to the courts. This was despite Mpumalanga’s proximity to the border with Mozambique and Eswatini.

“That is why I made a case for the NPA (the National Prosecuting Authority) to be trained in such cases since they are the ones who bring cases to court,” he said.

Mr Jeffery and Judge Ratshibvuma were speaking at a colloquium of judicial officers jointly organized by United Nations Office on Drugs and Crime (UNODC) and the South African Judicial Education Institute (SAJEI). The three-day gathering was held in Johannesburg and meant to familiarize magistrates with the intricacies of trafficking in persons and migrants smuggling.

South Africa is a preferred country of destination for many types of migrants, including smuggled migrants, with the trafficking of persons believed to be rife.

Mr Jeffery described trafficking in persons as a crime that does not stop at national borders and “that’s why cooperation is important.”

Judge Ratshibvuma noted that all of South Africa’s neighbours had signed the Trafficking Protocol. “Unless you have the cooperation of your neighbours fighting trafficking in persons is not going to work,” he said.

UNODC Southern Africa Regional Jane Marie Ongolo said the organization was involved in the compilation of a Southern African Regional Case Digest to assist with the prosecution of cases. “We realized that, sadly, the highest percentage of crimes in the region relate to trafficking for sexual exploitation. And mostly involves minors,” she said.

UNODC was also cooperating with the South African Police Service to roll out of training for law enforcement officials. The aim was to close the identified gap in evidence gathering and follow-up.

Teresa Horne, a judicial trainer with SAJEI, elaborated on the trend towards the growing use of ordinary residents and hotels as brothels.

According to Ms Ongolo, Africans continue to move across the continent in search of economic opportunities, policymakers need to work at making migration safe, regular and a force that can be harnessed for development, both in countries of origin and destination.

Contrary to perceptions that many Africans are making their way to Europe, the vast majority of those thinking about migrating have no interest in leaving the continent and have no intention of moving permanently.

“An argument can be made that migration in etched in Africans’ DNA, that Africans have and will always move within and across the continent, and that they are not about to stop,” Ms Ongolo said.

About the Southern Africa Migration Management (SAMM) project

By Wilson Johwa

Nov052021NOCOMMENTS

Makungu Baloyi

Notícias

Namibia Trafficking in Persons Action Plan – stakeholder engagement

3- 4 November, Windhoek, Namibia

UNODC, under the Southern Africa Migration Management (SAMM) Project supported the validation of the Government of Namibia Trafficking in Persons National Action Plan (2022-2026). The Action Plan development was spearheaded by the Ministry of Gender Equality, Poverty Eradication and Social Welfare. It is however developed and implemented by a multisectoral team represented by the Ministry of Foreign Affairs, the Ministry of Social Services, Prosecutors, Namibia Police (NAMPOL), Civil Society led by the Salvation Army.

The consultative and validation meeting was a 2 day event, on 3 and 4 November in Windhoek, Namibia and it brought together 30 key players from the above institutions as well as from the United Nation Agencies (IOM) and Development Community (US Embassy). This high turnout and very active engagement demonstrated the importance the Government accords issues of Trafficking in Persons. The National Action Plan is a four year plan that is aimed at sustaining the government efforts implemented in the just concluded first NAP. It now moves from creation of laws to establishment of systems and operationalization of the various aspects in TIP including victim protection.

The first day was spent going through the document, chapter by chapter with the participants providing significant input. At the end of the day, the Implementation Matrix was overhauled and a new one proposed for development, that was more focused and concise. The UNODC team worked on this in the evening/night and presented a new draft to a smaller committee that met on Wednesday 3 November 2021, which was approved with minimal comments. The Ministry of Gender and UNODC will now work towards finalizing the document, and digital commentary, before a final document is presented to the Minister, late December 2021.

Namibia is rated as a tier 1 country in terms of addressing and combating TIP, which is a laudable achievement and it is hoped that this National Action Plan will significantly contribute to sustaining this momentum and good achievements over the years.

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