Hidden Chains: The Unseen Evil, #2

Introduction

In the shadows of our global society, a sinister network thrives, preying on the most vulnerable among us—our children.  Hidden Chains  delves into the harrowing realities of human trafficking, organ harvesting, illegal adoptions, and the fabrication of false identities and passport documents. This book exposes the dark underbelly of a system that repeatedly fails to protect those it is meant to safeguard.

Through meticulous research and heart-wrenching testimonies, Hidden Chains reveals how traffickers exploit legal loopholes and systemic weaknesses to perpetuate their heinous crimes. Children, stripped of their identities and rights, are reduced to mere commodities in a ruthless market driven by greed and desperation.

This book is not just a chronicle of suffering but a call to action. It seeks to illuminate the hidden chains that bind countless children worldwide, urging readers to confront the uncomfortable truths and advocate for systemic change. By understanding the complexities and failures of the current system, we can begin to forge a path towards justice and protection for the most innocent among us.

Chapter 1: Human Trafficking

Around the world there is numerous reports of missing persons on a daily basis. But do we know what happens to this missing persons or if they are ever found?

The most recent case that shook South Africa was the disappearance of little Joslin Smith who went missing. But how many more is there that we never hear of? And how can we as normal citizens stop this from happening?

Looking at the statistics is quite scary and some might think it’s not that bad. Just because we don’t hear or see it happening does not mean it doesn’t exist.

https://www.state.gov/reports/2023-trafficking-in-persons-report/south-africa

SOUTH AFRICA (Tier 2 Watch List)

The Government of South Africa does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so.  These efforts included increasing investigations and convictions of traffickers; investigating and prosecuting some allegedly complicit government officials; coordinating with foreign governments on trafficking investigations and repatriation of victims; increasing coordinated labour inspections to investigate forced labour; adopting an anti-trafficking NAP; accrediting two shelters; and expanding awareness-raising activities.  However, the government did not demonstrate overall increasing efforts compared with the previous reporting period, even considering the impact of the COVID-19 pandemic, if any, on its anti-trafficking capacity.  While the government finalized and approved the implementation regulations to operationalize the Prevention and Combating of Trafficking in Persons (PACOTIP) Act’s immigration provisions, the regulations awaited final adoption and were not yet in effect at the end of the reporting period.  Agencies responsible for identifying, referring, and certifying trafficking victims lacked coordination, and knowledge gaps in understanding human trafficking and referral SOPs, likely hindered overall protection efforts.  Law enforcement continued to lack the necessary capacity and training to effectively identify and refer trafficking victims to care.  The government inappropriately penalized victims solely for offenses committed as a direct result of being trafficked, including by detaining potential trafficking victims, even after identification as such by government officials, instead of referring them to care.  Reports of low-level official complicity in trafficking crimes persisted.  Because the government has devoted sufficient resources to a written plan that, if implemented, would constitute significant efforts to meet the minimum standards, South Africa was granted a waiver per the Trafficking Victims Protection Act from an otherwise required downgrade to Tier 3.  Therefore South Africa remained on Tier 2 Watch List for the third consecutive year.

PRIORITIZED RECOMMENDATIONS:

Ensure victims are not inappropriately penalized solely for unlawful acts committed as a direct result of being trafficked.

Increase efforts to investigate, prosecute, and convict officials complicit in trafficking crimes and traffickers within organized crime syndicates, including cases of online exploitation.

Promulgate and implement the Department of Home Affairs (DHA) immigration provisions in chapters 3 and 7 of PACOTIP, including sections 15, 16, and 31(2)(b)(ii) to ensure the issuance of appropriate immigration status and identification documents for trafficking victims.

Increase training for South African Police Service (SAPS) officers on trauma-informed interviewing techniques as well as victim identification and referral SOPs, and train specialized investigators on human trafficking investigations and computer forensics to investigate online exploitation.

Increase resources and training for front-line responders to effectively use victim identification and referral SOPs to identify trafficking victims, including by screening for trafficking indicators among vulnerable populations, such as individuals engaging in commercial sex, children, LGBTQI+ persons, refugees, migrants, and Cuban medical workers, and systematically refer trafficking victims to care.

Increase collaboration between NICTIP, Provincial Task Teams (PTTs), and civil society to integrate referral and response systems and include all stakeholders, including survivors.

Implement policies to remove the requirement for victims to participate in investigations and prosecutions in order to be formally identified and receive trafficking victim status.

Formalize a confidential reporting mechanism for civil society to safely report allegations of official corruption and complicity in trafficking crimes directly to the government for vigorous investigation.

Accredit or establish additional shelters to accommodate the needs of male, LGBTQI+, and child trafficking victims.

Implement and consistently enforce strong regulations and oversight of labor recruitment companies, including by holding fraudulent labor recruiters criminally accountable.

Increase outreach and awareness efforts to vulnerable populations, especially for those engaging in commercial sex, in rural and agricultural communities, and foreign migrants.

PROSECUTION

The government maintained anti-trafficking law enforcement efforts.  PACOTIP criminalized sex trafficking and labor trafficking and prescribed penalties of up to life imprisonment, a fine of up to 100 million South African rand ($5.9 million), or both.  The penalties were sufficiently stringent and, with respect to sex trafficking, commensurate with those for other serious crimes, such as rape.  The implementing regulations for PACOTIP’s immigration provisions found in sections 15, 16, and 31(2)(b)(ii) were finalized and approved by the Minister of Home Affairs, but not yet formally adopted by parliament and promulgated; therefore, critical sections of the act remained inactive for the tenth consecutive year.  The Criminal Law (Sexual Offenses and related matters) Amendment Act of 2007 (CLAA) also criminalized the sex trafficking of children and adults and prescribed penalties of up to life in prison.  The Basic Conditions of Employment Act of 1997 (BCEA), amended in 2014, criminalized forced labour and prescribed maximum penalties of three to six years’ imprisonment.  In addition, the Children’s Amendment Act of 2005 prescribed penalties of five years to life imprisonment or fines for the use, procurement, or offer of a child for slavery, commercial sexual exploitation, or to commit crimes.  Prosecutors sometimes relied on the Prevention of Organized Crime Act of 1998, in combination with CLAA, which added additional charges – such as money laundering, racketeering, or criminal gang activity – and increased penalties of convicted defendants.

The Directorate for Priority Crime Investigation (DPCI, or Hawks), a division of SAPS, initiated 29 trafficking case investigations – 19 for sex trafficking, eight for labour trafficking, and two for unspecified forms of trafficking – and continued 35 case investigations from previous reporting periods.  This compared with initiating 18 case investigations in the previous reporting period.  The National Prosecuting Authority (NPA) initiated 15 prosecutions of 30 suspects and continued 28 prosecutions of 74 suspects from prior reporting periods, compared with nine prosecutions with 16 suspects during the previous reporting period.  The government convicted 14 traffickers in eight cases, including two forced labour cases, under trafficking or immigration-related charges, compared with convicting 11 traffickers in the previous reporting period.  Judges sentenced traffickers from 15 years to life imprisonment.  The government reported two convictions were upheld on appeal and seven individuals were acquitted, which were appealed by the government and remained ongoing.  The government initiated prosecutions of two South African traffickers for forced labour in agriculture; their associates, two Mozambican recruiters, fraudulently recruited and transported 39 victims, including children, from Mozambique and were convicted for illegal entry, which included a sentence of three months’ imprisonment and a fine.  The case remained ongoing.

The government recognized official complicity as a key challenge in addressing all transnational crime, including human trafficking, and investigated and prosecuted government officials during the reporting period.  The government prosecuted the co-defendant of an acting judge, who was deceased before criminal proceedings began, for multiple trafficking-related crimes.  The government charged three SAPS officers for extorting potential trafficking victims in a case reported in 2021; the case remained ongoing.  Two NPA prosecutors were implicated in a potential corruption scheme for obstructing efforts to hold a high-profile, public figure accountable for alleged child sex trafficking over several years; the government did not report any actions taken against the prosecutors.  Observers and government officials continued to report widespread corruption particularly among DHA, the Department of Social Development (DSD), SAPS, and DPCI.  Observers reported high-level law enforcement officials obstructed trafficking investigations.  DHA arrested 22 immigration officials for corruption related to facilitating illegal entry, transportation, and harbouring of foreign nationals.  Observers also reported in exchange for bribes, lower-level officials warned traffickers of operations by law enforcement, immigration officials facilitated undocumented entry for traffickers at land and air border points, and DSD returned survivors to traffickers instead of referring them to care.  Observers reported some SAPS officers were unwilling to investigate cases, particularly of children forced to engage in street vending or begging, and relied on NGOs to obtain victims’ statements and build cases.  Observers reported cases of sex trafficking of Basotho women from Lesotho in South African brothels; however, due to alleged official complicity of both Basotho and South African officials linked to the brothels, they continued to operate with impunity.  Given mistrust in law enforcement, civil society reported the need for a trusted, high-level government contact to receive reports of officials complicit in human trafficking crimes to facilitate investigations and to avoid retribution.  The government reported the existence of several secure mechanisms to report corruption, but did not specify if any were sensitive to the specific considerations of human trafficking crimes.

Law enforcement agencies lacked sufficient resources and training to adequately and appropriately investigate all reported trafficking cases.  SAPS officers sometimes conflated GBV and human trafficking crimes.  Observers reported law enforcement had insufficient training in trauma-informed interviewing and victim care, resulting in cases of DPCI investigators re traumatizing victims or not taking victims’ statements.  The lack of clarity on case status, low prospect of success, and sometimes years-long delays in cases dissuaded some victims from participating in trials.  DPCI had a national anti-trafficking coordinator, four investigators to provide operational support, and provincial anti-trafficking coordinators in all nine districts; however, there were no officers or staff solely dedicated to anti-trafficking efforts.  SAPS created an anti-trafficking unit within its General Detectives section, which primarily handled trafficking crimes involving adult victims.