Kasane, 11-13 October 2021 – UNODC in collaboration with the Department of Defence, Justice and Security convened a Judicial Training of Trainers Against Trafficking in Persons (TiP) in Kasane, Botswana from the 11 to 13 July, which is part of UNODC priorities in the SADC Region in enhancing the capacity of criminal justice practitioners in the response to human trafficking 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 with a special emphasis on vulnerabilities of victims 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; build the capacity of judicial officers on Sentencing principles on anti-trafficking in persons and lastly to build judicial officers capacity on adult learning principles for effective judicial reasoning.

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 training of trainers for criminal justice practitioners on anti-trafficking in persons remains a key intervention in the response to human trafficking in the region. Hence, such trainings enhance the institutionalization and sustainability of anti-trafficking in persons interventions in the region.

During the official opening of the workshop, Hon. Thomas Mmusi, Minister of Defence, Justice and Security 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. This Training of Trainers workshop on Combating Trafficking in Persons, is therefore, indicative of Botswana’s efforts to ensure that we have an accountable, highly educated, resourceful and competent judiciary”.

UNODC has over the years provided technical support to the Republic of Botswana 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 supporting awareness raising initiatives on combating trafficking in persons.

The outcomes of the workshop include the following: the trained judicial officers will convene workshops whether formal or informal with their colleagues within the next three months; more training on Psycho-social issues related to TIP on the handling of Children and Witnesses will be convened for judicial officers in Botswana as that was identified as a gap during the training; the Ministry of Defence, Justice and Security will collaborate with UNODC to develop human trafficking sentencing guidelines.

Group discussion: Human Trafficking case analyses

Furthermore, after the 3-day training of trainers, the participants were able to describe indicators of human trafficking; critical role of Judicial Officers in Human Trafficking cases and understanding the vulnerabilities including victims and witnesses; distinguish human trafficking from smuggling of migrants; discuss current global debates on the element of exploitation and the  issue of consent; describe and apply key sentencing considerations and describe and apply key principles relating to non-criminalization of trafficked persons. The training workshop was attended by Judges and Magistrates from across all Botswana’s districts; officials from the Ministry of Defence, Justice and Security, officials from, the International Association of Women Judges (IAWJ-Botswana Chapter) and UNODC officials.

This Training of Trainers 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.

The reality of the COVID-19 virus in the Southern Africa region remains very present. Pressing and multidimensional challenges that arose since the outbreak of the pandemic in the first quarter of 2020 continue to be felt by all groups of the population including migrant workers. Migrant domestic workers have been particularly vulnerable to the effects of the pandemic, as many do not have formal contracts or access to social security.

Consequently, the already more severe food insecurity among low-paid workers such as domestic workers worsened during national strict lockdowns for those who had temporarily or permanently lost their employment. In addition, migrant workers often have difficulties accessing government support programs. For example, Human Rights Watch noted in May 2020 that “The South African government’s Covid-19 aid programs, including food parcels, have overlooked refugees and asylum seekers”.[i] Similarly, Botswana media reported that “immigrants were initially excluded from the Botswana government’s food parcels”.[ii]

It is against this background that the International Labour Organization through the Southern Africa Migration Management Project (SAMM) funded by the European Commission launched an income relief activity to benefit migrant domestic workers. This initiative targeting migrant workers was started in Botswana and South Africa during state of emergency and severe lockdown restrictions in the course of 2020. In their calls for help, trade unions and migrant civil society organizations pointed at the serious threat to the survival of groups of migrants, including migrant domestic workers.

Accordingly, and in collaboration with the Botswana Domestic and Allied Workers Union, around four hundred (400) food parcels were distributed to migrant domestic workers in various parts of Botswana. The distribution took place in urban and rural areas in July and August 2020. Foreign nationals working as child minders, cleaners, gardeners and cooks received the relief in the form of food parcels. Many of the beneficiaries were Zimbabwean migrant women working as domestic workers.

In South Africa, more than 900 vulnerable migrant domestic workers living in Gauteng successfully received cash transfer to cover expenses relating to basic needs. These transfers were made available through Izwi Domestic Workers Alliance Project and the Disabled Disabled Migrants Rights Networking Organization. Most recipients used the cash to purchase food for members of their households including school-aged children. Female migrant domestic workers assisted through the ILO income relief grant represent the large majority of the beneficiaries, who included nationals from Lesotho, Malawi, Mozambique, Swaziland, Zambia and Zimbabwe.

More recently, assistance was provided to returning migrant domestic workers in Lesotho. Facemasks, sanitizers and food parcels are being distributed to around 180 migrant domestic workers in several districts of the country.

[i] HRW.2020.South Africa: End Bias in Covid-19 Food Aid. www.hrw.org/news/2020/05/20/south-africa-end-bias-covid-19-food-aid

[ii] VAONEWS. 2020.On the Edge of Starvation, Hundreds of Zimbabweans in Botswana Want to Go Home. www.voanews.com/covid-19-pandemic/edge-starvation-hundreds-zimbabweans-botswana-want-go-home

Nos dias 26 e 27 de julho de 2021, foi organizado um workshop virtual para fortalecer o diálogo social tripartido sobre a governação migratória, organizado no hotel Retaj, nas Comores, pelo Projeto SAMM. Financiado pela Comissão Europeia, este projeto de 4 anos visa melhorar a gestão das migrações na África Austral e na região do Oceano Índico. O Projeto SAMM é implementado pela Organização Internacional do Trabalho (OIT), pela Organização Internacional para as Migrações (OIM), pelo Gabinete das Nações Unidas para a Droga e Crime (UNODC) e pelo Gabinete do Alto Comissariado das Nações Unidas para os Refugiados (ACNUR).

Na cerimónia de abertura contou com a presença do Ministro da Juventude, Emprego, Formação e Integração Profissional, Desporto, Artes e Cultura, do Vice-Presidente do Mouvement des Entreprises Comorians (MODEC), do Secretário-Geral da Confederação dos Trabalhadores comorianos (CTC), bem como do Diretor do Gabinete de Antananarivo. Os especialistas da OIT, juntamente com as outras agências parceiras, também apoiaram os constituintes tripartidos com a sua experiência, especialmente durante as discussões sobre as principais questões nacionais identificadas.

Durante os dois dias foram discutidos vários temas, incluindo a situação da migração laboral na União das Comores, as estatísticas da migração laboral, os direitos dos trabalhadores, a proteção social. Os participantes participaram em debates sobre a identificação dos grandes desafios a nível nacional, foram formuladas recomendações sobre o Trabalho e a Migração Mista no final destes dois dias de Diálogo com o objetivo de desenvolver um roteiro para as próximas ações para que o diálogo social seja eficaz em relação a esta governação da migração