REGIONAL FRAMEWORK
2. Regional human trafficking instruments
2.3 African developments
Taking cognizance of human trafficking as a growing global phenomenon, the Regional Economic Communities of the AU (RECs) developed anti trafficking initiatives as early as 1990 and 2000.
627 Permanent Council of the OAS Report of the Secretariat for multidimensional security pursuant to the work plan
to combat trafficking in persons in the Western hemisphere (October 2012-January 2014) available online at http://scm.oas.org/doc_public/ENGLISH/HIST_14/CP32235E07.doc (04-09-2014).
628 Report to the UN General Assembly submitted by the Special Rapporteur on trafficking in persons, especially women and children, Joy Ngozi Ezeilo GE.10-13211(E) (2010) 12 at para 58.
629 Report to the UN General Assembly submitted by the Special Rapporteur on trafficking in persons, especially women and children, Joy Ngozi Ezeilo GE.10-13211(E) (2010) 13 at para 66.
630 Report to the UN General Assembly submitted by the Special Rapporteur on trafficking in persons, especially women and children, Joy Ngozi Ezeilo GE.10-13211(E) (2010) 13 at para 667.
631 Permanent Council of the OAS Report of the Secretariat for multidimensional security pursuant to the work plan
to combat trafficking in persons in the Western hemisphere (October 2012-January 2014) http://scm.oas.org/doc_public/ENGLISH/HIST_14/CP32235E07.doc (04-09-2014).
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These initiatives include the Libreville Common Platform of Action to the Sub-Regional Consultation of the Development of Strategies to Fight Child Trafficking for Exploitative Labour Purposes in West and Central Africa, the Declaration of Action against Trafficking of the Economic Community of West African States (ECOWAS) and the Maputo Consensus and Plan of Action to prevent and respond to trafficking.632
In an additional response to trafficking in persons, the AU adopted the Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and Children November 2006. The Ouagadougou Action Plan is a declaration of the will and joint intent of the African Union and the European Union and their member states to enhance their efforts to fight trafficking with its specific focus on women and children from Africa.633 It provides specific recommendations to be implemented by the Regional Economic Communities (RECs) and member states based on the legal and political basis at regional, continental and global level.634 It further upholds and reinforces the international and regional legal instruments on human rights particularly the conventions on trafficking in person, elimination of discrimination of women, and protection of the rights of the child.635
It declares the joint intent of the AU and the European Union to enhance their efforts to combat trafficking and proposes a three-pronged strategy:636
1) Prevention of trafficking;
2) Protection of victims of trafficking; and
3) Prosecution of those involved in the crime of trafficking and related forms of abuse.
632 African Union AU Commit Campaign Combating Human Trafficking available online at
http://www.au.int/en/sites/default/files/newsevents/workingdocuments/28041-wd-au_commit_strat_-_english.pdf (06-12-2016) 1.
633 African Union AU Commit Campaign Combating Human Trafficking available online at
http://sa.au.int/en/content/au-commit-campaign-combating-human-trafficking-2009-2012 (21-08-2014) 2. 634 African Union AU Commit Campaign Combating Human Trafficking available online at
http://sa.au.int/en/content/au-commit-campaign-combating-human-trafficking-2009-2012 (21-08-2014) 2. 635 Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and Children available online at https://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/ouagadougou_action_plan_to_combat_trafficking_en_1.pdf (06-12-2016) 2. 636African Union Commission Initiative against Trafficking available online at
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The Ougadougou Action Plan also mobilises members to create special anti-trafficking units within their domestic law enforcement organs and to establish special focal points. It advises that direct communication channels should be created between focal points in different countries and special units and that joint training will be given to border patrol officers.637
These regional initiatives were followed by the launch of the African Union Commission Initiative Against Trafficking (AU. COMMIT) on 16 June 2009. AU. COMMIT (in partnership with several United Nations agencies) aims at curbing both the supply and demand for human trafficking. The Campaign included the production of television advertisements, the distribution of 1 000 copies of the Ouagadougou Action Plan, of 1 000 T-shirts with the slogan “AU. COMMIT: Stop Trafficking” and of 1 000 copies of pamphlets, pins, posters, etc. In line with the three main strategies of the Ouagadougou Plan of Action, the AU. COMMIT Campaign was implemented in three phases, focusing in 2009-2010 on prevention of, and response to, trafficking, in 2010-2011 on protection of victims and in 2011-2012 on prosecution of traffickers.638
The second Action Plan 2011-2013 of the Joint Africa-EU Strategy, and in particular the Partnership on Migration, Mobility and Employment (MME), calls for more action to combat trafficking in persons.639 In addition, the AU Plan of Action on Drug Control and Crime Prevention (2007-2012), adopted by the AU Assembly in January 2008, provides for the coordination of activities to fight human trafficking, to protect victims and prosecute offenders.640
After the 7th Annual Joint Consultative Meeting between the African Union Peace and Security Council and the European Union Political and Security Committee in Brussels held on 15 May 2014,641 the parties condemned terrorism in all its forms. A need for greater international and
637 Report to the UN General Assembly submitted by the Special Rapporteur on trafficking in persons, especially women and children, Joy Ngozi Ezeilo GE.10-13211(E) (2010) 11 at para 52.
638 Report to the UN General Assembly submitted by the Special Rapporteur on trafficking in persons, especially women and children, Joy Ngozi Ezeilo GE.10-13211(E) (2010) 14 at para 73.
639 Joint Africa EU Strategy Action Plan 2011 – 2013 available online at http://www.africa-eu-
partnership.org/sites/default/files/documents/03-jeas_action_plan_en.pdf (24-09-2016).
640 Consultative Workshop on Operationalizing the Ouagadougou Action Plan to Combat Trafficking in Human Beings & Launching of the African Union (AU) Commission Campaign against trafficking in persons available online at https://www.unodc.org/documents/southernafrica/press/Media_Advisory-AU_COMMIT-29-
30_November_2011.pdf (24-09-2016).
641 Joint Communiqué: 7 th Annual Joint Consultative Meeting between the African Union Peace and Security Council and the European Union Political and Security Committee (Brussels, 15 May 2014) available online at
http://www.peaceau.org/uploads/joint-com-15-05-2014.pdf (24-09-2016).
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regional cooperation was expressed in order to dismantle Boko Haram, its affiliates and its funders. The parties also supported the intentions of the UN Security Council in its efforts to take appropriate measures in this regard. The parties also recognised the urgent need to “tackle the serious problem of organized transnational crime involving illicit trafficking and smuggling in human beings, drugs and weapons.” They also renewed their intention of continuing to implement the Action Plan.
The East African Community (EAC) was established by the Treaty for the Establishment of the East African Community (the Treaty)642 which was ratified by the original three member states being Uganda, Kenya and Tanzania and entered force on 7 July 2000. The Republic of Burundi and Republic of Rwanda acceded to the Treaty on 18 June 2007 and the Republic of South Sudan followed suit by ratifying the Treaty during April 2016.
The EAC is one of the most rapidly growing economic regions globally, making it mutually beneficial for member states to increase cooperation in various spheres. The total population of the combined member states of the EAC amounts to 158 million people with an urban population of 22 per cent and a GDP of USD 169.5 billion. The EAC is committed towards an East African Federation, highlighting the determination of the East African member states’ leaders and citizens to create a sustainable and influential East African economy and political region.643 The EAC aims
to protect human rights in its region and is “committed to promoting and protecting human rights in accordance with the African Charter of Peoples Rights” as provided for in article 6 of the Charter which states that—
“[e]very individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained”.
The Council of Ministers adopted the Plan of Action on Promotion and Protection of Human Rights in East Africa (EAC/CM 15/ Decision 36) 644 and by doing so, provided a foundation for
642 The Treaty for the Establishment of the East African Community available online at http://www.eac.int/sites/default/files/docs/treaty_eac_amended-2006_1999.pdf (24-09-2016). 643 The Treaty for the Establishment of the East African Community available online at http://www.eac.int/sites/default/files/docs/treaty_eac_amended-2006_1999.pdf (24-09-2016).
644Plan of Action on Promotion and Protection of Human Rights in East Africa (EAC/CM 15/ Decision 36) available at EAC Secretariat available online at
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policy making and the development of strategies and measures that would address the promotion and protection of human rights in the EAC region. The EAC Plan of Action on Human Rights (Plan of Action) was adopted in May 2008 and is guided by the Treaty for the Establishment of the East African Community. The Plan of Action inter alia reinforces the principles of human rights as reflected in the Universal Declaration of Human Rights (1948), the African Charter on Human and Peoples’ Rights on the establishment of the African Court of Human Rights and People’s Rights (1998) and the Treaty for the Establishment of the East African Community (1999).645
Activities envisaged by the Plan of Action include the development of training measures for human rights role-players and agencies as well as for judges, judiciaries, policy makers, civil society and legislators. It also advocates for the establishment of national human rights institutions which are “compliant with the Paris Principles and where institutions exist, to strengthen them in line with these Principles”.646 It calls for annual meetings to be held by the heads of national human rights commissions in order to exchange information, experience and views and also to share progress on human rights experience. Other activities include the development and review of best practices reviews on the promotion and protection of human rights in the EAC region.647
The African Union expanded the AU. COMMIT Campaign to the EAC region during December 2010 and Director Mayiyegun stated that:
“[m]any African States are yet to ratify the Trafficking in Persons Protocol and or fully implement it with specific legislation in their respective domain and today I urge our IGAD and EAC Member States to galvanize your commitments to this cause, also by ratifying the mentioned Protocol and to
645 Framework of the EAC Plan of Action on Promotion and Protection on Human Rights in East Africa (Annex IV) available online on
http://federation.eac.int/index.php?option=com_docman&task=doc_details&gid=132&Itemid=136 2 at 3.0. (24-09- 2016).
646 Framework of the EAC Plan of Action on Promotion and Protection on Human Rights in East Africa (Annex IV) available online on
http://federation.eac.int/index.php?option=com_docman&task=doc_details&gid=132&Itemid=136 2 at 3.0. (24-09- 2016).
647 Framework of the EAC Plan of Action on Promotion and Protection on Human Rights in East Africa (Annex IV) available online on
http://federation.eac.int/index.php?option=com_docman&task=doc_details&gid=132&Itemid=136 2 at 3.0. (24-09- 2016) at 5.0.
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join us in implementing the Ouadadougou Action Plan in addressing this crime, in securing justice for victims on and from our continent, and in ending impunity for traffickers.”648
The AU. COMMIT campaign was officially launched for the EAC during December 2011 and an operationalisation workshop was held directly thereafter in order to demonstrate regional commitment with regards to the need for immediate anti-trafficking legislature.649
The East African Legal Assembly (EALA) passed a resolution on 20 August 2016 to call for urgent action to prevent trafficking in persons and to protect victims of the Crime of Trafficking in Persons and Prosecution of Perpetrators of Trafficking in Persons in the East African Community.650 It acknowledged the grave human rights violations caused by human trafficking, the root causes of trafficking such as vulnerability due to unemployment, harmful traditional practices such as child sacrifices, displacement of persons, greed and corruption as well as the necessity for cooperation among states to effectively combat trafficking in persons in noting that all EAC member states have signed the Palermo Protocol and the UNTOC.651 The Council urged EAC member states to enforce comprehensive anti-trafficking policies and legislation that reflect the Palermo Protocol in order to prevent trafficking in persons, protect victims, prosecute trafficking offenders and advance cooperation between various role-players in order to implement anti-trafficking measures in EAC partner states.652 The Council also—
“operationalized Article 27 of the Treaty for Establishment of the East African Community and concludes a protocol to extend the jurisdiction of the East African Court of Justice to handle human rights cases which encompass trafficking in persons”.653
648 The Africa-EU Partnership Launch of the AU. COMMIT Campaign Against Human Trafficking in the Horn and
East Africa (6 December 2010) available online at http://www.africa-eu-partnership.org/en/newsroom/all- news/launch-aucommit-campaign-against-human-trafficking-horn-and-east-africa (25-09-2016).
649 Europafrica.net Operationalizing the Ouagadougou Action Plan to combat trafficking in human beings available online at https://europafrica.net/2011/05/24/operationalizing-the-ouagadougou-action-plan-to-combat-trafficking-in- human-beings/ (27-09-2016).
650 Resolution of the East African Legislative Assembly EALA/RES/3/5/2015. 651 Resolution of the East African Legislative Assembly EALA/RES/3/5/2015 2.
652 Resolution of the East African Legislative Assembly EALA/RES/3/5/2015 2 at para 1. 653 Resolution of the East African Legislative Assembly EALA/RES/3/5/2015 3 at para 5.
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Other issues addressed by the Council include the development of a policy to guide regional mechanisms aimed at “undertaking an annual assessment of the problem of human trafficking in the EAC region”,654 as well as the increased oversight by member states of overseas recruitment
agencies and the implementation of adoption laws.655 States are also urged to keep record of nationals and to assist trafficking victims. The root causes of trafficking such as poverty and inequalities must also be addressed by member states, according to the Council.656
The East African Gender Equality and Development Bill was recently proposed in order to make provision for gender equality, protection and development in the EAC Community.657 The bill reflects article 6(d) of the Treaty for the Establishment of the EAC which states that there shall be no discrimination against any person on grounds of gender. The bill furthermore highlights that the contribution by both genders in the integration process is “fundamental as are the obligations of Partner States to their commitments under the various instruments and Protocols”.658 Focus is
also placed on “emerging threats such as human trafficking of women, men and children, globalisation and HIV / AIDS.”659
During 2009, the SADC member states gathered to discuss trafficking in persons within the SADC region and a ten-year national action plan was adopted to address this international crisis.660 The Plan was aimed at the development and implementation of national policies to combat trafficking in persons as well as to promote cooperation between member states. The regional plan of action prioritises issues such as regional training for law enforcement, social workers, judges and custom and immigration officials as well as the development and implementation of national policies. It also focusses on
654 Resolution of the East African Legislative Assembly EALA/RES/3/5/2015 para 7. 655 Resolution of the East African Legislative Assembly EALA/RES/3/5/2015 para 6. 656 Resolution of the East African Legislative Assembly EALA/RES/3/5/2015 para 9.
657 EAC Retirement Benefits for Specified Heads of Organs Bill 2016 available online at http://www.eac.int/news- and-media/press-releases/20160204/eac-retirement-benefits-specified-heads-organs-bill-2016 (27-09-2016). 658 EAC Retirement Benefits for Specified Heads of Organs Bill 2016 available online at http://www.eac.int/news- and-media/press-releases/20160204/eac-retirement-benefits-specified-heads-organs-bill-2016 (27-09-2016). 659 EAC Retirement Benefits for Specified Heads of Organs Bill 2016 available online at http://www.eac.int/news- and-media/press-releases/20160204/eac-retirement-benefits-specified-heads-organs-bill-2016 (27-09-2016). 660 SADC 10 Year Strategic Plan of Action on Combating Trafficking in Persons, Especially Women and Children (2009-2019) available online at https://www.sadc.int/opportunities/procurement/procurement-archive/review-10- year-sadc-strategic-plan-action-combating-traffick/ (11-11-2016).
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increasing regional cooperation between member states and other regional and international partners in order to effectively address the increasing issue of human trafficking effectively.
The International Labor Organisation’s Protocol on Forced Labour (1930) was supplemented during 2014 in order to effectively suppress forced labour and the Convention 29661 and Recommendation 203 to the Forced Labour Convention adopted in June 2014.662 These supplementary measures aim to strengthen—
“national policies and plans of action with time-bound measures using a gender- and child sensitive approach to achieve the effective and sustained suppression of forced or compulsory labour in all its forms through prevention, protection and access to remedies, such as compensation of victims, and the sanctioning of perpetrators”.663 Recommendation 203 also advocates for member states to develop
programmes that would lessen discrimination as this “heightens vulnerability to forced or compulsory labour”.664
The ILO issued a Draft Report on Forced Labour and Human Trafficking in the Southern African Development Community665 during its sub-regional conference held in Zambia on the Ratification and Implementation of the new ILO Protocol on Forced Labour during November 2015. The report serves to provide data and information with regards to human rights violations in the 15 SADC member states and aims to report on the successes and progress made by member states with regards to “eradicating forced labour and combatting human trafficking, and to identify further efforts that need to be undertaken in order to achieve measurable progress in the implementation of obligations under the ILO Forced Labour Convention 1930 (No.29) and the Abolition of Forced Labour Convention, 1957 (No.105).”666 It furthermore indicates that the SADC members face various regional challenges which include and
661 Article 1(1) of Convention No.29 stipulates that every member state that ratifies the Convention undertakes to “suppress the use of forced or compulsory labour in all its forms within the shortest possible period”.
662 ILO R302 Forced Labour (Supplementary Measures) Recommendation, No 203 (2014) available online at http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_INSTRUMENT_ID:3174688 (28- 09-2016).
663 ILO R302 Forced Labour (Supplementary Measures) Recommendation, No 203 (2014) available online at http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_INSTRUMENT_ID:3174688 (28- 09-2016) at para 1(a).
664 ILO R302 Forced Labour (Supplementary Measures) Recommendation, No 203 (2014) available online at http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_INSTRUMENT_ID:3174688 (28- 09-2016) at para 3(c).
665 Draft Report on Forced Labour and Human Trafficking in the Southern African Development Community available online at http://www.ilo.org/wcmsp5/groups/public/---africa/---ro-
addis_ababa/documents/publication/wcms_425974.pdf (28-09-2016).
666 Draft Report on Forced Labour and Human Trafficking in the Southern African Development Community available online at http://www.ilo.org/wcmsp5/groups/public/---africa/---ro-