1. Dialogue on Child Trafficking,
Pornography and Youth Development
Presenter: Adv. Maemo Machethe
Gaborone International Conference Centre (GICC)
Gaborone, Botswana
13 July 2013

2. Presentation outline
 Background
 SADC Legislative Framework
 African Union Legislative Framework
 International Legal Instruments
 SADC Draft Strategy on Prevention of Illegal Migration,
Smuggling and Trafficking on Human Beings
 Identified Contributors to Human Trafficking
 Identified tactics applied by Traffickers
 Recommendations
 Progress made by Member States
 Conclusion

3. Background
 The Southern African Development Community
(SADC) like other Regional Economic Communities
recognises the pandemic phenomenon of Trafficking
in Human Beings which is canceric to the global
community. SADC has partnered with the East African
Community (EAC) and the Common Market of Eastern
and Southern Africa (COMESA)) within the Tripartite
relation and a plethora of International Organisations
in an effort to combat trafficking in persons especially
women and children

4. Background Continues
 The UN Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and
Children, supplementing the UN Convention Against
Transnational Organised Crime of 2000 (often referred
to as the Palermo Protocol) makes it clear that
trafficking of women and children (for prostitution) is
one of the main concerns of the international
community.

5. Background Continues
 The Protocol defines trafficking as:
‘‘the recruitment, transportation, transfer, harbouring or
receipt of persons by means of the threat or use of force
or other forms of coercion, of abduction, of fraud, of
deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of payments or
benefits to achieve the consent of a person having control
over another person for the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of
the prostitution of others or other forms of sexual
exploitation, forced labour or services, slavery or practices
similar to slavery, servitude or the removal of organs”.

6. SADC Legislative Provisions
 SADC Protocol of Politics, Defence and Security
Co-operation advocates for:
- the development of close corporation between the
Police and State Security Services of State Parties
in order to address cross border crime and
- the development of common foreign policy
approaches on issues of mutual concern and
advance such policy collectively in international fora

7. Legislative Provisions Continues
o SADC Protocol on Gender and Development
- The Protocol defines Human Trafficking in line with
international instruments.

8. African Union Frameworks
 Ouagadougou Action Plan to Combat Trafficking In
Human Beings, Especially Women and Children;
 The African Charter on Human and Peoples Rights
(1981);
 Protocol relating to the Rights of Women (2002)
 The African Charter on the Rights and Welfare of the
Child (1990);
 The African Common Position on Children (Declaration
and Plan of Action 2001);
 - The African Common Position on Migration and
Development (2006);

9. International Legal Instruments
o The UN Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and
Children, supplementing the UN Convention Against
Transnational Organised Crime of 2000 (often
referred to as the Palermo Protocol);
o The Universal Declaration of Human Rights (1948);
o The UN Convention on the Elimination of all Forms of
Discrimination against Women (1979);
o The Beijing Declaration and Platform of Action
(1995);
o - The UN convention on the Rights of the Child
(1989);

10. International Legal Instruments Cont
 The Declaration of the World Summit for
Children (1990);
 ILO Convention on worst form of child labour
(1999);
 A World Fit for Children- UN General Assembly
Special Session on Children (2002)

11. Regional Strategies
 Strategic Indicative Plan for the Organ which
operationalize the SADC Protocol on Politics, Defence
and Security Cooperation (SIPO);
 The Regional Strategic Indicative Plan for the Organ
(RISDP)
 SADC 10 Year Strategic Plan of Action on Combating
Trafficking in Persons, especially Women and Children.

12. Regional Strategies continues
 The Draft Regional Strategy to prevent illegal migration,
smuggling of migrants and trafficking of persons, which
identifies among others the following as contributors to
illegal migration, smuggling and trafficking of persons:
-inadequate border monitoring mechanism, including
proper demarcation and porosity of borders;

13. Identified contributors to illegal migration
and Trafficking continues
- corruption by some officials at the ports of entry
in the Region;
- inadequate coordination between SADC Member
States on migratory issues;
- increase in the numbers of transnational
organised crime syndicates and
- inadequate implementation of relevant
international legal instruments.

14. Identified tactics used by Traffickers
 Perpetrators of trafficking employ among others
the following identified tactics:
- disguising as recruitment agencies offering
better non-existent jobs and other attractive
enterprises;
- disguising as legitimate institutions such as
well recognised tour operators or research
institutions for recruitment;
- children being trafficked and smuggled under
the pretext of being members of a particular
family; and
- the use of containerised trucks to traffic and
smuggle humans.

15. Short term recommendations
 The draft strategy outlines the following short term
recommendations:
- cooperation;
- involvement of the International Community;
- the operationalisation of the SADC Protocol
against Corruption and
- Border Management

16. Long term Strategic recommendations
 The Strategy also advances the following long term
recommendations:
- formulation of Legislation and Policy
measures;
- conducting of training for skills enhancement
and Capacity Building;
- development and enhanced mechanism for
coordination and Regional cooperation;
- undertaking of research and Information
Sharing; and
- conducting of Monitoring and Evaluation

17. Conclusion
o Trafficking in persons especially women and children
in the region requires an integrated coherent approach
that takes into cognizance both regional, continental
and International Legal Instruments. The region
requires a comprehensive data base that will enable
the regional Law Enforcement Agencies to share
information and intelligence to develop mechanisms to
prevent and empower victims of human trafficking.