South Africa May 2006 |
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| Trafficking in humans comes under spotlight, (Pretoria News, 2006-05-09):-The South African Law Reform Commission (SALRC) is recommending the non-renewable suspension of deportation of victims of human trafficking. The SALRC has, in a discussion paper on trafficking in persons, recommended the provision of proper care and the possibility of temporary or permanent residence or refugee status for such victims. Human trafficking is criminalised in terms of proposed legislation, as is debt bondage, making use of the services of victims of trafficking and facilitating trafficking in people. Included in this proposed Bill are several guiding principles to help determine if a person is a victim of trafficking. "Apart from dealing with the trauma of being trafficked, victims of trafficking are faced with arrest and prosecution for offences committed as a direct result of their situation as victims of trafficking," the discussion paper states. It says that in South Africa victims may be prosecuted for prostitution, even though they were forced into it by their traffickers. They may also be prosecuted for illegal entry into the country. The proposed Bill suggests that the National Director of Public Prosecutions should decide if offences by a victim were committed as a direct result of the person's situation of being trafficked. It also says foreign victims should be provided with a non-renewable suspension of their deportation period as this will allow them to come to terms with their circumstances and to make informed decisions, including whether or not they want to assist in the investigation and prosecution of their traffickers. This decision should rest with the Director-General of the Home Affairs Department, the paper says. If victims should decide to help in the investigation, they should be provided with a temporary residence permit. The commission has taken cognisance of the fact that some victims of trafficking may never be able to return to their countries of origin ... because they may be harmed, killed or trafficked again," the paper states, offering three options for people in this position. One is that the Refugees Act be amended to provide that victims of trafficking who would be in danger if they returned to their countries be able to apply for permanent residence. They should also be allowed to apply for permanent residence in terms of the Immigration Act. Referring to services for victims, it suggests that the Department of Social Development establish centres for adult victims with programmes aimed at counselling and rehabilitation, as well as the reintegration of victims into their families and communities. The proposed Bill also makes a provision enabling the courts, in addition to any punishment given to an offender, to order an offender to compensate the victim. Another issue raised is the deportation of foreign victims. Because they are not identified as victims, but labelled illegal immigrants, they are returned to their countries without an investigation into their circumstances to ensure a protective system is in place so that they are not returned to the same circumstances that made them vulnerable to being trafficked in the first place. "It is proposed that the summary deportation of victims of trafficking be prohibited prior to an investigation being done into their circumstances. Victims of trafficking should therefore be repatriated in terms of a process that takes cognisance of their safety not only during the repatriation process, but also in the countries to which they are to be returned," the commission says. | |
South African Migration Project (SAMP) - Queen's University - http://www.queensu.ca/samp |