COMBATING TRAFFICKING IN PERSONS A 2005 Assessment of the Laws and Measures Relevant to Human Trafficking in selected SADC countries Malawi, Mozambique, South Africa and Zambia November 2007 Table of Contents Acknowledgements . vii Acronyms . .viii Executive Summary . x Chapter 1: Introduction . 1 © 2007, The United Nations Office on Drugs and Crime (UNODC) The assessment’s focus . 1 and the Southern African Development Community (SADC) An overview . 1 Copyright in the assessment as a whole or in part is vested in the SADC and UNODC Outline of the assessment . 1 and no part may be reproduced without express permission in writing. Chapter 2: The UN Organized Crime Convention, its protocols Published by & other relevant international instruments . 6 The United Nations Office on Drugs and Crime The relationship between the Convention and Protocols and the domestic incorporation of their principles . 6 Regional Office for Southern Africa P O Box 12673 The Organized Crime Convention . 6 Hatfield The Protocol on Human Trafficking . 10 0028 The Smuggling Protocol. 11 Pretoria UN Convention on the Rights of the Child . 14 South Africa ILO Conventions Prohibiting Forced Labour and Child Labour . 15 Tel: (+27-12) 342- 2424 Matrix elements for trafficking, organised crime, smuggling and exploitation . 16 Fax: (+27-12) 342- 2356 www.unodc.org Chapter 3: Trafficking Issues and Patterns . 17 Overview of trafficking in the assessment countries . 17 The designations employed and the presentation of the material in this publication do Malawi . 17 not imply the expression of any opinion whatsoever on the part of the Secretariat of the Mozambique . 18 United Nations concerning the legal status of any country, territory, city or area or of its South Africa . 19 authorities, or concerning the delimitation of its frontiers or boundaries. Zambia . 20 This publication has been made possible thanks to contributions Law enforcement cooperation and training . 20 from the Government of the United States of America. Corruption and money laundering . 21 Design and layout: Marketing Support Services (+27-12) 346-2168 Witness/victim security and protection . 22 Editing: Tyrus Text (+27-82) 416-2918 Adoption laws and organisational liability . 23 iii iv Combating Trafficking in Persons Table of Contents v Chapter 4: Key Laws and Measures – Malawi . 24 Corruption – Corrupção . 51 Trafficking in persons . 24 Obstruction of justice . 52 Protection of basic rights and prevention of the exploitation of labour Immigration matters . 52 and children . 25 Liability of commercial carriers and border checks . 52 Offences under criminal law . 26 Prohibited immigrants: Grounds for exclusion . 52 Law Commission on criminal justice reform . 26 Forging documents and assisting unlawful entry . 53 Trafficking in body parts . 27 Entry and work permits . 53 Rape, indecent assault and defilement . 28 Victim and witness assistance. 54 Prostitution . 28 Child pornography and sexual abuse . 30 Chapter 6: Key Laws and Measures – South Africa . 55 Assault and murder . 30 Trafficking in persons . 55 Kidnapping, abduction and slavery . 31 Protection of basic rights and prevention of the exploitation of labour and children . 56 Organised crime and related offences . 31 Offences under criminal law . 56 Participation in an organised crime group . 31 Trafficking in body parts . 57 Money laundering . 32 Murder and assault . 57 Corruption . 35 Intimidation . 58 Obstruction of justice . 37 Sexual offences . 58 Immigration matters . 37 Kidnapping . 61 Liability of commercial carriers and border checks . 37 Organised crime and related offences . 61 Prohibited and undesirable immigrants . 38 Participation in an organised crime group . 61 Forging documents, assisting unlawful entry, forfeit and seizure . 38 Money laundering legislation – POCA and FICA . 63 Entry and work permits . 39 Corruption . 64 Victim and witness assistance. 40 Obstruction of justice . 65 Chapter 5: Key laws and measures – Mozambique . 42 Immigration matters . ..