Hon Chairperson, trafficking in humans is slavery. All the fundamental rights in our Constitution are often violated by trafficking in persons. South Africa is a signatory to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. This protocol is commonly referred to as the Palermo Protocol. Signatories to the Palermo Protocol are all required to pass domestic legislation that addresses human trafficking. The protocol is not only aimed at ensuring the prosecution of perpetrators but also requires our domestic legislation to provide for the prevention and combating of human trafficking, as well as the protection and provision of assistance and care to victims of trafficking.
South Africa has existing laws that can be, and have been, successfully used to prosecute perpetrators of trafficking. Some of these laws relate to abduction, kidnapping, common assault, assault with intent to cause grievous bodily harm, extortion, attempted murder and murder, all of which are common law offences. However, existing laws used to prosecute human trafficking are fragmented.
Importantly, the Bill before the House creates a specific offence of trafficking in persons. Essentially, the offence of trafficking in persons criminalises the conduct that includes the delivery, recruitment, transportation, harbouring, selling, exchanging, leasing and receiving of a person accompanied by force or coercion for the purposes of exploitation. Moreover, illegal adoption and forced marriage for the purpose of exploitation are also offences.
The Bill also criminalises debt bondage and the possession, destruction, confiscation, concealment of or tampering with official documents. Perpetrators of trafficking in persons often ensure that their victims have no official documentation, such as passports, identity documents and so on, as a way of keeping them trapped.
Other offences created by the Bill are the use of the services of trafficking victims, facilitation and, more importantly, the liability of carriers - that is aeroplanes, ships, long-distance trains, etc - and permitting unauthorised persons to access victims or the disclosure of certain information relating to a victim of trafficking. For all these offences, penalties and sentences are provided in the Bill - and we say this for our judicial officers.
When we began our consideration of the Bill, we found a provision in it that catered for nongovernmental organisations and civil society organisations accredited by the Minister of Social Development, which would assist and care for victims of trafficking. Such organisations would automatically qualify for international donor funding, as well as resources from our government. However, we quickly realised that this had the potential of being abused.
Let me give you a scenario: Somebody boards a bus in Johannesburg and drives to the border post where people cross, as they normally do from day to day. They are encouraged to board the bus because they will receive free health care, housing, accommodation, grants, etc. Sixty of them board the bus and when this bus reaches Johannesburg, the person driving the bus then contacts the international donor organisations and says he or she needs funding for these 60 persons who have been trafficked. Hence, the committee has seen fit to involve the provincial department of social development in the assessment of victims of trafficking, after which such victims must be referred to the relevant accredited organisation for the necessary assistance and care, including the protective custody of the police, if required, accommodation, counselling and health care.
It is important to note that trafficking in humans flourishes because it is extremely lucrative. It is estimated to be worth about US$32 billion per annum globally. Estimates of the number of trafficking victims vary. For example, the US government estimates that up to a million people are trafficked worldwide each year, of whom approximately 80% are women and children, trafficked for the purpose of sexual exploitation. People are also trafficked for other reasons: forced labour, organ harvesting, etc. Consequently, among other sanctions, the Bill provides for a fine of up to R100 million and/or imprisonment, including life imprisonment.
The Bill also proposes compensation by a convicted person to victims of trafficking, as well as to the state. Payment by a convicted person or a carrier to the victim is made to the Criminal Assets Recovery Account, or Cara. More importantly, the law bypasses the route of our civil courts and grants courts jurisdiction to order a convicted perpetrator to pay compensation to his or her victims as part of the criminal trial. This has been described as revolutionary by some members of the portfolio committee.
The Bill also enables the forfeiture of profit used during or for the commission of a trafficking offence. It seeks to punish landlords who allow their buildings and property to be used for trafficking purposes. I say this again: trafficking in humans is slavery.
A significant feature of this legislation is its multisectoral nature. Entities and state departments that are key role players in this Bill are the Hawks, the SA Police Service, the National Prosecuting Authority, the Departments of Home Affairs, Social Development, International Relations, and, of course, the Department of Justice and Constitutional Development.
The responsibility for the co-ordination of functions relating to the Bill's implementation lies with the Director-General of Justice who, after consultation with other stakeholders and agencies, must, among other things, develop a draft national policy framework; establish an integrated information system to monitor the situation regarding trafficking; develop and review guidelines on identifying victims of trafficking; and establish public awareness programmes. The challenge posed by this multisectoral approach is the ability of the departments and entities to work cohesively. We trust that all these role-players will succeed in doing so. In conclusion, we wish to commend NGOs, faith-based organisations and religious organisations, as well as civil society organisations that played a crucial role in exposing perpetrators and victims of trafficking in South Africa. These organisations also play an important part in ensuring that the welfare of victims of trafficking is provided for. We commend them for their excellent work and trust that this Bill will enhance the work they are doing.
We also want to take this opportunity to place on record the portfolio committee's gratitude for the excellent work done by the drafters of this legislation, namely Ms Steyn and Mr Basit of the Ministry, as well as Ms Williams and Ms Steerman of the Chief State Law Adviser's office and the Law Commission respectively. We commend this Bill to this House and we ask that you approve it. [Applause.]