40 Questions
What method do some traffickers use to groom young children?
Through social media
What do traffickers promise to job seekers to gain their trust?
A job and transportation arrangements
What do traffickers take from their victims under the pretence of safekeeping?
Their ID documents or passports
What is the most important aspect in identifying trafficking?
Showing that the trafficker used certain means to exploit the victims
What is the primary purpose of the trafficking definition?
To define the purpose of exploitation
What is 'exploitation' in the context of trafficking?
At a minimum, the exploitation of prostitution, forced labor, or slavery
What are states parties required to criminalise in their domestic laws?
At a minimum, the exploitation of prostitution, forced labor, or slavery
What freedom do states parties have in their domestic laws?
They are at liberty to add any other form of exploitation or exploitative act
What is the primary difference between servitude and debt bondage?
The way the victim is coerced into compliance
What is the main form of sexual exploitation?
Sex work or prostitution
What is the purpose of including 'any other law' in the definition of sexual exploitation?
To account for growth in sexual exploitation over the Internet
Who can be affected by the harm or threat of harm in servitude?
The trafficked person, their family, or friends
What is the primary mechanism of control in servitude?
Threats of harm
What is unique about the definition of sexual exploitation in the Act?
It is broad enough to capture most forms of sexual exploitation
What is the benefit of the broad definition of sexual exploitation?
It allows for more opportunities for offenders to be held accountable
What is the primary factor that distinguishes servitude from debt bondage?
The presence of threats of harm
What is the public dimension of previously private harm?
The individual's loss of power to consent to harm
What are the two standards that the defence of consent must satisfy?
Informed and freely given
What happens to consent obtained through obstruction agents?
It is legally invalid
What is the quality of consent dependent on?
How we label the quality of consent
Why may a child's consent not be recognised by the law?
Because they are not of the age of consent
What is the issue that arises in cases of subtle forms of duress or coercion?
The question of vulnerability
What is the relationship between vulnerability and the risk of harm?
The greater the vulnerability, the greater the risk of harm
What is the term used to describe the situation where a person providing consent is vulnerable in some way?
Vulnerability
What is the relationship between the definition of trafficking in the Protocol and the Act?
The Act's definition is an addition to the Protocol's definition
What is a specific form of exploitation not mentioned in the Protocol?
Forced marriage
What are the three elements mentioned in Section 4(1) of the Act?
The three conditions discussed earlier
Why is South Africa considered a source, transit, and destination country for trafficking?
Because it experiences all types of trafficking within its borders
What is an example of South Africa being a transit country for trafficking?
Women being trafficked from Namibia to Russia
What can be a factor in the success of combating trafficking in persons?
Active participation of source, transit, and destination countries
What is a characteristic of trafficking in South Africa?
It can occur within the country's borders
What is a possible consequence of the illegal activities present in South Africa?
An increase in human trafficking
What is a condition for considering consent to be involuntary?
The person to whom consent is given is the cause of starvation or lack of a reasonable alternative.
What is a situation in which consent can be overridden?
When the consent goes against public interest, order or morality.
What right is used to determine values in South Africa?
The right to human dignity, freedom and equality.
What is the liberal view on personal autonomy?
Individuals have the right to make decisions that may harm themselves.
What is an example of a value that can be argued for different ends?
Human dignity.
What is a requirement for consent to be considered valid?
The person giving consent is not the cause of starvation or lack of a reasonable alternative.
What is a situation in which abuse of a position of vulnerability can occur?
Any situation where one person has power over another.
What is the relevance of the Bill of Rights in determining values?
It provides a framework for determining values.
Study Notes
Trafficking Methods
- Traffickers use social media to groom young children and convince them to meet, leading to kidnapping and sale to other traffickers.
- Traffickers promise job seekers employment and transportation, but take their ID documents and passports, holding them captive.
The 3 Elements of Trafficking
- The act and means (methods/ways) are used for the purpose of exploitation.
- The definition of exploitation includes, at a minimum, the exploitation of prostitution, forced labor or services, slavery, and servitude.
- States parties are at liberty to add other forms of exploitation to their domestic laws.
Prevention and Combating of Trafficking in Persons Act 7 of 2013
- The Act defines trafficking in persons, with similarities and differences to the Protocol.
- The differences between the Act and Protocol are additions to the definition, not detractions.
- The Act criminalizes forced marriage, illegal adoption, and child abuse, which are not explicitly mentioned in the Protocol.
South African Perspective
- South Africa is a source, transit, and destination country for trafficking.
- Victims can be trafficked from one province to another, and women and children are often trafficked from rural areas to cities.
- South Africa can be a transit country for trafficking, with international syndicates operating in the country.
Types of Trafficking
- Sexual exploitation is a common type of trafficking, often involving prostitution and sex work.
- Servitude is a condition where labor or services are provided through threats of harm or schemes to create fear.
- Debt bondage is different from servitude, as it creates an illusion of voluntary participation to pay off a debt.
Consent
- Consent to the perpetrator's act obtained through coercion or fraud is void.
- Certain groups, such as children and mentally disabled individuals, are deemed incapable of delivering informed consent.
- The quality of consent is not just about whether it is given, but also about how it is given.
- Economic vulnerability can damage the quality of consent, and the greater the vulnerability, the more compelling the evidence of consent should be.
Abuse of a Position of Vulnerability
- For consent to be considered irrelevant, the person to whom consent is given must have abused an existing or created vulnerability to secure an act intended to result in exploitation.
Values
- In all major legal systems, consent can be overridden on the basis of public interest, order, or morality.
- In South Africa, the Constitutional fundamental right of human dignity, freedom, and equality is used to determine values.
- Personal autonomy recognizes the individual's right to make decisions, even if they are high-risk or likely to result in harm.
Learn about tactics used by human traffickers to target and deceive victims, including social media grooming and false job promises. Stay safe and informed!
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