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Young South African women and girls are trafficked internally within South African borders and externally outside the borders of South Africa for the purposes of sexual exploitation and other purposes, such as domestic labour, for criminal activities, as well as organ transplants. External trafficking has occurred in this country since colonial times. This was a practice instituted by the colonial authorities to boost the southern African economy by importing cheap labour.

One known notorious incident was the recruitment, with promises of economic prosperity and educational advancement, of Saartje Baartman, who was transported from the Cape Colony and exploited by European citizens in England and France Martens et.

The promises made to her in her country of origin were not fulfilled — instead, her naked live body was displayed as an object of attraction for everybody to view. She eventually died in France, where her private parts were put on display in a museum. Another, less well-known, example involved European girls who were trafficked into the Cape Colony for the purposes of involuntary prostitution to meet the demand of men for prostitutes Molo Songololo, More recently, Mozambican children were trafficked into South Africa to be kept as concubines in the Carletonville mines Martens, ; Martens et.

In the last two decades, increasingly, reports of human trafficking for sexual exploitation have surfaced in the print and visual media, fuelled by the South African Police Service SAPS raids on brothels. One incident that made headlines in was human trafficking for sexual exploitation of Asian women, whose dead bodies were found on a railway track by the SAPS.

These Asian women were brought into the country under false pretences — they were told they would be working in high-end restaurants where they could mingle with and marry rich men. When they arrived in South Africa, they became entangled in debt bondage and their passports were taken from them Reuters, Since then, academic institutions and civil organisations have increasingly been reporting on the subject of internal and external human trafficking for sexual exploitation.

Furthermore, government and non-governmental organisations NGOs are raising awareness on the topic, educating South African citizens about this form of crime. Internal trafficking also has historical origins dating back to the late nineteenth and early twentieth century. At the turn of the century, a criminal leader called Nongoloza Mathebula and his gang abducted and kidnapped women and boys from neighbouring areas to the mine compounds and kept them as sex slaves in the wake of the discovery of sexually transmitted diseases among prostitutes selling their bodies to mine workers Van Onselen, The targeted victims led quiet lives and had been seriously pursuing educational goals.

They were also physically attractive. The jack-rollers would confine them in secluded residences where the victims were repeatedly raped and physically assaulted Mokwena, These practices were not considered human trafficking at the time.

However, South Africa has defined these practices as criminal since becoming a atory to United Nations Human Rights-oriented legislation. Such practices are now classified as trafficking for sexual exploitation in Part 6 Section 71 b of the Criminal Law Sexual Offences and Related Matters Act, Act 32 ofas amended. Internal trafficking is the most commonly reported form of human trafficking in South Africa.

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Human trafficking research reports produced in this country have revealed evidence of children being trafficked from poor socio-economic areas such as rural areas and farms in the Eastern Cape and KwaZulu-Natal to developed parts of the country, such as urban areas in the Western Cape and Gauteng Bermudez, ; Molo Songololo, Another research report has identified case studies of teenagers recruited and transported under false pretences to work as prostitutes in hidden brothels across South Africa Unicef, ; UNODC, In between these research reports, newspapers, television documentaries, workshops, seminars and conferences have provided evidence of the prevalence of internal trafficking.

Furthermore, children as young as ten are being kidnapped and abducted by organised criminal gangs who first feed them drugs in preparation for work as prostitutes Chetty, ; Molo Songololo, ; UNODC, Some of the members of these syndicates were filmed by a crew of the local television programme Special Asment while the syndicates were trafficking children from Durban to Bloemfontein and Johannesburg in Some of these criminals have since been caught by the SAPS.

Although human trafficking occurs for other purposes in this country, sexual exploitation is the most frequently reported reason. Human trafficking for sexual exploitation occurs within a context of high levels of contact crimes interpersonal violent crimes occurring between persons who are known to each other.

As illustrated in Figure 1 below, for the period from tothe SAPS recorded approximately 2. Of these contact crimes, sexual violence comprised of Despite high levels of contact crimes, especially sexual violence against women and children, the South African criminal justice system has been ineffective in its approach to sexually violent crimes affecting women and girls.

Regardless of the large amount of research and scholarly work on human trafficking, there is currently still no specific law to prosecute the crime in the country — South Africa literally does not have a crime called human trafficking. Part six of the Criminal Law Sexual Offences and Related Matters Amendment Act 32 of is reserved to prosecute trafficking in persons for sexual purposes.

South Africa is a hotbed for human trafficking for a variety of other state-related factors. It is reputed among neighbouring countries to be economically advanced and therefore may be seen as potentially offering golden opportunities to poor immigrants. Since South Africa opened its borders to foreign citizens from neighbouring countries such as Zimbabwe, Lesotho, Mozambique and Namibia ina large of documented and undocumented immigrants have entered the country as refugees, asylum seekers and tourists Irish, On arrival in South Africa, many of these immigrants experienced xenophobia from the local population, which creates feelings of insecurity and fear.

They have been accused of stealing jobs from South African citizens, for example. As a result, some had their possessions stolen or burned by South African citizens. The insecurity felt by refugee women and girls on arrival in South Africa Chetty, ; Minnaar,Mutongwizo, ; Palmary, ; Prince, aggravates the problem.

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They tend to rely on fellow citizens for economic opportunities instead of assimilating into and seeking help from South African citizens Malapa, However, fellow citizens do not always provide legitimate economic opportunities. In this chapter, the problem statement relating to human trafficking is addressed. A distinction is made between voluntary and involuntary prostitution. A theoretical framework to elucidate the vulnerability of young women and girls to human trafficking is also provided, particularly within the socio-economic and socio-cultural context within which human trafficking in South Africa occurs.

South African responses to human trafficking are identified, taking into the fact that the relevant legislation has not yet been passed into law, because certain social and legal politics are preventing the rapid processing of this law.

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A strategy or policy that could effectively reduce the human trafficking of young women and girls for sexual exploitation in South Africa is proposed. The purpose of writing this chapter is to illustrate the plight of victims of human trafficking for involuntary prostitution.

Given this plight, it is important to research and write about human trafficking for sexual exploitation over other forms of human trafficking. Matters of particular concern are the age of victims of human trafficking for sexual exploitation, the increasing s of sex trafficking victims, socio-cultural factors contributing to the crime, the context within which human trafficking for involuntary prostitution occurs, the limited South African responses to human trafficking, as well as the politics of legal reform hindering the promulgation of the Prevention and Combating of Trafficking in Persons Bill.

When these girls encounter human traffickers who make lucrative offers, or promise them economic prosperity, or when these girls are kidnapped and abducted, they are usually alone, without a capable guardian Lutya, b. Currently, South Africa does not have the means to distinguish between voluntary and involuntary prostitution. Public hearings are still being conducted by the South African Law Reform Commission to debate a suitable approach to prostitution. The country will have to decide whether to legalize or regulate, continue to criminalize or abolish prostitution.

If they cannot be rescued by the police or are not reported missing by family members, victims of sex trafficking cannot be identified easily SALRC, Even though they could be offered help by strangers, victims of sexual exploitation find it difficult to just leave their captors. Although South Africa has made ificant progress with regard to the prevention, protection, prosecution and partnerships to respond to human trafficking, there are still a of ambiguities and gaps in the knowledge of human trafficking in South Africa.

Furthermore, the politics of legal reform are hindering the promulgation of the Prevention and Combating of Trafficking in Persons Bill. The Prevention and Combating of Trafficking in Persons Bill defines human trafficking to include the recruitment, sale, supply, procurement, transportation, transfer, harbouring, disposal, or receipt of persons or the adoption of facilitated or secured through legal or illegal means within and across the borders of the Republic by means of threat, force, intimidation or other forms of coercion, abduction, kidnapping, fraud, deception, debt bondage, abuse of power, or the giving or receiving of payment in order to achieve the consent of the other or by abusing vulnerability for the purpose of exploitation.

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There is, however, still some confusion with regard to the definition of human trafficking. Consequently, it is easy to include any exploitative situation under the umbrella of human trafficking. For instance, a holiday visit of which turns into exploitation could be seen as human trafficking, instead of as a vulnerable situation that could lead to human trafficking if the child was to be removed under false pretences.

Human trafficking has not yet occurred. The child has not yet been recruited, transferred, harboured, deceived or intentionally bought for exploitation, even when the child has been abused sexually, physically and emotionally by the relatives. According to the Prevention and Combating of Trafficking in Person Billsexual exploitation implies the commission of any sexual offences against the victim of human trafficking.

Literally, sexual exploitation implies the act of misusing or mistreating another person through sex. The various ways in which a person could be misused through sex are forced marriage, sex work, forced pregnancy for the purpose of selling the child, as well as personal gratification. Forced marriage and personal gratification are acts that occur within private homes, and that are often perpetrated towards young women and girls who have not been recruited, transported, sold, supplied, procured through deceit, fraud or debt bondage — the essential components of the South African definition of human trafficking.

It seems that a clear distinction between a human trafficking victim and who has been forced into a marriage is lacking, as well as between a human trafficking victim and a young woman or a girl who is sexually exploited by a member of her family. There needs to be legal and social criteria that can be used by social services and criminal justice authorities to identify victims of human trafficking.

Currently, the Prevention and Combating of Trafficking in Persons Bill does not provide clear guidelines pertaining to the victims of human trafficking. Sections 11 and 12 refer to professionals that could assist in the identification, referral and reporting of a victim of trafficking, but these sections fail to describe the characteristics of the victim. A list of factors have been presented by SALRC describing the circumstances within which a victim could be experiencing when encountered by professionals.

It might be best if the Bill requires that all these factors should be present at the time of identification, namely sexual violence, confinement, forcing drugs on the victim, threats by family members, and mental as well as sexual health related problems, to name just a few. However, these factors could be present in a person who has not been trafficked.

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Legally speaking, to be defined as a victim of human trafficking a person should have experienced crimes vital in the definition of human trafficking, at least social dislocation, and should be unfamiliar with the environment within which she was or is confined. According to the South African Constitution ofa girl is any female person, daughter, or young woman under the age of This person may still be residing with her parents, in a hostel or heading a household.

Girls as young as seven are abducted, kidnapped or misled by traffickers to accept offers that promise to yield financial incentives. A set of gendered factors place girls in more vulnerable situations for abduction and kidnapping by human traffickers for sexual exploitation.

Some girls have been abducted and kidnapped on their way to school, running an errand for their parents or venturing outside with friends Lutya, a. Secondly, the desire to own the latest labels and technological gadgets pushes some girls into pursuing their materialistic hopes. If they are offered a job, such girls may accept the job with little or no scrutiny in the hope of generating an income in order to reach this materialistic goal Lutya, a. In essence, any person under the age of 18 is vulnerable to human trafficking in three ways: legally if the person is financially inadequately equipped to reside independently and in pursuit of financial independencesocially if the person is in need of social affirmation and individually if the person hopes to obtain affirmation of her physical aesthetic attributes.

A prostitute is working on a voluntary basis if her decision to perform sex work has not been influenced, forced on her or coerced by anyone. She is working as a prostitute involuntarily if another person has forced, confined and manipulated her to work as a prostitute. By contrast, involuntary prostitution refers to any sex work that is performed indoors or outdoors where the prostitute works under the supervision and monitoring of another person.

The money obtained from selling sex is taken by the monitor or supervisor pimp. The difference between these two concepts is that a voluntary prostitute exercises agency by deciding on the job, area and type of client to serve, whilst an involuntary prostitute is forced to do the work in a chosen area and to serve clients preferred by the supervisor or monitor.

In the context of human trafficking for sexual exploitation victim precipitation thus occurs when the victim accepts recruitment, travels with a chaperone and allows herself to be transported with or without the documentation required by immigration officials. In addition, the lack of a reasonable solution to socio-economic challenges facing her, the potential victim may seek help from traffickers. Eventually, the time spent by the victim in the company of human traffickers may provide traffickers with opportunities for the victimisation of girls.

Victim vulnerability is best explained when a person is surrounded by factors that could result in victimisation. It is attributed to a variety of internal and external factors that are multidimensional, such as their age and lack of maturity, which affects young women and girls more than adults, whilst socio-economic factors create potential victimisation for both children and adults Clark, These lifestyles place them within close proximity to human traffickers. Closeness to human traffickers of potential victims may not result in actual victimisation: some young girls do not accept offers from strangers.

The contextual situation within which girls entertain themselves, coupled with their immaturity and the absence of a capable guardian, may make it easier for traffickers to recruit them successfully. Eccentric behaviours by a potential victim do not necessarily create vulnerability to victimisation, but poor control of feelings, inadequate social skills and confrontational responses to problematic situations may increase vulnerability to victimisation Nettlebeck et al The factors that drive most young women and girls to shebeens and bars, and into crime and promiscuity such as unfavourable home and family conditions, including a lack of parental supervision and monitoring, inter-parental violence, sibling violence and parental use of intoxicating substances combined with socio-economic challenges exacerbate the vulnerability of young women and girls to human traffickers Clark, ; Lutya, b ; Lutya, Although victims of human trafficking are often caught by surprise at the turn of events at the places of destination, the acceptance of a job provided through illegal means of which some young women and girls may be unaware can be regarded as victim precipitation.

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By asking for help from human traffickers, the victim precipitates the occurrence of the crime. However, the victim may not be aware of the consequences of her actions, because the negative consequences of accepting or asking for help from human traffickers may be hidden, and she may fail to recognise a legal or conventional solution to her contextual and situational problems.

Prior to accepting jobs from human traffickers, victims are often confronted with socio-economic and individual challenges such as unemployment and poverty, domestic violence, a lack of knowledge of the crime, stereotyped perceptions of prostitutes, as well as socio-cultural factors hindering access to opportunities for economic advancement. Faced with such factors, they may accept non-existent opportunities that they believe could rescue them from this context.

In turn, they are opening up chances for sexual exploitation. There is sometimes a relationship between a human trafficker and the victim, enabling them to interact, communicate and associate on a regular basis UNODC, During this process, both parties play roles that define the existence of this relationship UNODC, An association between a human trafficker and a victim cannot always be construed as inappropriate, due to the quality of a relationship between the human trafficker and the victim.

As stated above, human traffickers can range from close associates to strangers and apparently legitimate employment institutions. Therefore, the victimisation of a young woman or girl in the process should not be blamed on the victim. Blaming the victim implies that the victimised young woman or girl behaved outside social norms by associating with a relative, friend, neighbour or seeking the services of employment agencies Tyakume, Vulnerability, a persistent search for better opportunities and interaction with persons that might turn out to be traffickers feature strongly in the lives of many young South African women and girls.

Constantly battling to define themselves in socially acceptable ways, to rid themselves of socio-economic weakness, vulnerability and susceptibility to victimisation, they could precipitate victimisation and associate with persons that increase their chances of becoming victims.

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