Human trafficking in southern Africa is difficult to quantify due to its covert nature. Still, the United Nations reported a 25% increase in known human trafficking victims in 2022 compared to pre-pandemic levels, with sub-Saharan Africa accounting for 26% of these cases. Human rights specialist Zororai Nkomo explains how companies can help to stem the tide of human trafficking in the region.
What is human trafficking, and what are the different types of trafficking?
Human trafficking is a serious human rights violation where people sell or commodify other human beings for profit. Victims are often recruited, transported, or harboured using force, deception, or coercion for the purposes of labour or sexual exploitation. The definition of trafficking depends on age: when a child is trafficked, the Palermo Protocol – ratified by South Africa – holds that force, fraud, or coercion does not apply since children cannot consent to being exploited. Traffickers often target vulnerable people who are seeking jobs or scholarships or fleeing from political instability and natural disasters. Child marriages, child begging and recruitment into armed conflict also qualify as human trafficking.
How widespread is human trafficking in southern Africa?
There is no comprehensive empirical data to pinpoint the magnitude of the scourge of trafficking in southern Africa. South Africa acts as a source, transit and destination for human trafficking. According to the 2022 Global Trafficking in Persons Report, sexual exploitation is the most common form of trafficking in the region. The International Labour Organisation estimates that over 70 million children in Africa are subjected to forced labour and UNICEF’s 2024 report found that 79 million girls have experienced sexual exploitation. In South Africa, 291 victims were officially identified in 2024: 67 were victims of labour trafficking, 26 were victims of sex trafficking, and 198 cases were unspecified.
Who is most vulnerable to trafficking and why?
Traffickers often target individuals who are vulnerable and easy to exploit, such as children, impoverished and marginalised women, desperate job seekers and those who are psychologically or emotionally vulnerable. While many think trafficking only involves movement across borders or provinces, it can also happen without any movement – for example, when a child forced to work with in their own community. Children who are not in school are especially at risk.
What legislation exists to combat human trafficking in South Africa, and what is enforcement like? Which countries could South Africa learn from?
In 2004, South Africa ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime, commonly known as the Palermo Protocol. In 2013, South Africa promulgated and subsequently enacted the Prevention and Combating of Trafficking in Persons Act 7 of 2013, a strong piece of legislation that aligns with the Palermo Protocol and other international human rights standards. Despite this well-crafted anti-trafficking legislation, enforcement remains weak due to corruption, poor coordination and the complex nature of trafficking networks – making South Africa a hotspot in southern Africa. All players in South Africa’s criminal justice system need to converge and form a single formidable front to tackle the entrenched pandemic of trafficking. South Africa can learn from the United States, the United Kingdom and Germany, which have made sustained efforts to combat this scourge.
How serious is child labour trafficking in South Africa?
It is a serious problem, although reliable data is limited. Many cases go undetected due to unclear definitions and low levels of awareness. In rural areas, traffickers often lure children with false job offers and recruiters are often close friends or family members, making this crime harder to combat.
What can companies do to help stop trafficking in their supply chains and beyond?
South African companies have a critical role in tackling trafficking, especially in high-risk sectors like agriculture and mining. By adopting the United Nations Guiding Principles on Business and Human Rights (UNGPs), companies can promote ethical practices and help protect vulnerable workers, including children.
How can companies identify and eliminate forced labour in supply chains?
Businesses should apply the UNGPs framework for human rights due diligence (HRDD) to assess and address trafficking risks. This involves creating a clear and comprehensive supplier code of conduct, including anti-trafficking clauses to contracts and ensuring that all partners comply with international labour standards.
What are the biggest challenges nonprofit organisations face in combating human trafficking in southern Africa?
One major barrier is the lack of accurate, disaggregated and reliable data on the magnitude and scope of human trafficking in the region. Such data is essential for understanding trends, identifying hotspots and allocating resources and programming interventions effectively. Additionally, anti-trafficking programmes in the Southern African Development Community (SADC) region are poorly coordinated, partly due to porous borders and corruption at most points of entry.
ZORORAI NKOMO | Human rights lawyer | zoronkomo@gmail.com | www.chr.up.ac.za/hrda-student-profiles/zororai-nkomo
