PRE-, DURING AND POST SOCCER WORLD CUP 2010 Cornelis ...

Roelofse

Acta Criminologica 24 (3) 2011 Southern African Journal of Criminology

HUMAN TRAFFICKING AS AN ORGANISED CRIME IN SOUTH AFRICA: PRE-, DURING AND POST SOCCER WORLD CUP 2010 Cornelis Roelofse1 ABSTRACT Human trafficking, despite the international culture of human rights, is increasing worldwide. Big events, such as the Olympic Games and the Soccer World Cup are labeled as fruitful opportunities for human traffickers. This article analyses human trafficking within the context of organised crime in South Africa and looks at the potential for human trafficking with the backdrop of the Soccer World Cup of 2010 in South Africa. It is based on a study of some big events that took place elsewhere in the world. It also looks at post-Soccer World Cup trafficking and how to curb this crime in the future. Unfortunately, due to the lack of specific legislation to deal with human trafficking, the real picture of human trafficking in South Africa prior and during the Soccer World Cup 2010 may never fully emerge. In this regard, this article is contextual and not post facto, as the facts will come in bits and pieces over a long time. Some studies (See Gould and Richter, 2010; IANS. 2010) conducted of sex workers (some pre-, during and post-World Soccer Cup 2010) were also analysed to bring human trafficking into context of the article. Due to the lack of a dedicated Act to deal with human trafficking, we may never know what happened prior, during and immediately after the 2010 Soccer World Cup. INTRODUCTION The needs of victims of human trafficking are unique compared to victims of other types of abuse. These victims, often trafficked across international borders, are exposed to extreme forms of dehumanisation and exploitation therefore it is a serious global problem affecting all countries around the world, including South Africa. Human trafficking violates basic human rights and causes immeasurable trauma to victims, their families and communities. It is a phenomenon that John Miller from the United Sates Office to Monitor Human Trafficking calls, “… the greatest human rights challenge of or generation.” (Skinner, 2008: 65). It is important to note that human trafficking does not take place in a vacuum but is a product of an increasing sex obsessed world with billions of dollars been earned from pornographic magazines, television channels and prostitution, all because of slumping morality. It is obviously a very lucrative business. Whereas drugs and other narcotic substances can be used only once, a girl used as a sex slave can be sold over and over. This is the tragedy of this cruel exploitation of the vulnerable people in our societies. The 2010 Soccer World Cup presented an opportunity to syndicates to engage in human trafficking and therefore a coordinated preventative and reactive program including an awareness campaign have received the attention of not only government agencies but NGOs and faith based organisations as well. The threat of trafficking was considered so serious that President Zuma (DefenceWeb, 2010) issued a warning about it in a media statement. The general perception is that when an event of the magnitude of the Soccer World Cup is taking place, criminal elements tend to exploit them to undertake activities such as human trafficking to access illegitimate sources of labour and sexual services. The reality as, this article will show is that trafficking is a crime of significant magnitude that happened before the Soccer World Cup and will continue after it. 1

Professor, Department of Criminology and Criminal Justice, University of Limpopo. Email:[email protected]

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The reason for this is that there is a demand for commercial sex. It is important to note that human trafficking does not take place in a vacuum but it is a product of an increasing sex obsessed world with billions of dollars being earned by selling pornography in magazines, on television channels and an increasing sex trade due to slumping morality. The worldwide pornography trade amounts to 97,6 billion US$. There are 420 million pornographic webpages and the monthly peer to peer downloads amount to 35% of total downloads on the internet (Family Safe Media 2011: 1). This emphasizes the magnitude of the sex trade and gives an understanding of the demand side of the phenomenon. This demand for sex most certainly contributes to the magnitude of human trafficking for sexual exploitation. This article is based on the fact that human trafficking is not a figment of the imagination but is real, and how the Soccer World Cup could have stimulated incidences of human trafficking prior to, and during the 2010 Soccer World Cup in South Africa. It argues though that based on previous experience at big events elsewhere in the world, the awareness campaigns elicited a response from the governments concerned to introduce preventative programs so that the perceived magnitude of the crime never materialised. These programs apparently succeeded in curbing human trafficking to the cities where the events took place. It is hypothetically conjectured that South Africa also did not experience the predicted occurrence of the phenomenon due to prevention programs initiated as a result of advocacy and awareness campaigns. The dark figure of this crime and the fact that we did not have anti-trafficking legislation in place at the time of the Soccer World Cup warrants caution in making swooping statements about the actual frequencies. AIMS AND OBJECTIVES The aim of this article is to give an overview of: - Organised crime and human trafficking in South Africa; - Identifying factors that favour organised crime and human trafficking in South Africa; - Current perceptions that effect estimates of human trafficking at big events and whether these predictions have actually manifested at selected big events and also at the Soccer World Cup; and - Preventive activities employed to curb human trafficking. METHODOLOGY The research is qualitative in nature and essentially consists of a literature study. Primary documents such as police reports, legislation and reports from other researchers and the internet have been used. In addition an interview was conducted with the Director of Stop Trafficking in People, a faith based organization assisting victims of trafficking. The research also looked at two previous major events namely the Soccer World Cup in Germany (2006) and the Vancouver Winter Games in Canada (2010). As predictions of a big potential for trafficking were made for these events, it was necessary to analyse these events to see whether in fact the predictions were correct. The researcher also made contact with the Vancouver Police Vice Unit in order to obtain insight into actual trafficking during the Winter Games. The research design best suited for this study is a dualistic one that is exploratory in order to obtain a broad understanding of the phenomenon on the one hand whilst on the other hand the descriptive approach will assist in describing the phenomenon. “An exploratory-descriptive design will allow the researcher an opportunity to gain a broad understanding of the phenomenon whilst the descriptive component will focus on the ‘how’ and ‘why.” (Neuman, 2002: 22).

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DEFINITIONS It is prudent to clearly define the main concepts as they are used and contextualised in the deliberations to follow. Slavery: Skinner’s (2008: 21) definition in which he equates people trapped in any form of forced servitude as slaves is accurate and articulates the dilemma of the victims very well. He describes a slave as, “… human being who is forced to work through fraud or threat of violence for no pay beyond subsistence.” In the context of the article it will become clear that when a person is trafficked such a victim enters into a form of slavery; in this instance, sexual slavery. Human Trafficking (HT): The United Nations definition of human trafficking is, “the recruitment, transportation, transfer, harbouring or receipt of persons, by means of a 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." (United Nations, 2010: 1) This definition is confusing to say the least and very ambiguous from a legal perspective since most of the requirements stipulated above falls within the elements of existing crimes such as kidnapping, assault, fraud and others. The author (researcher) defines Human trafficking (HT) as the unlawful limitation or taking away of the freedom of movement of another person or any related activity aimed at the limitation or taking away of such freedom by coercion, force or deceit to get that person to participate in any sexual or labour that the person would not have done without such coercion, force or deceit. This definition focuses on the limitation of freedom through the use of coercion, force or deceit and to participate in activities against the person’s free will. These are the real elements of trafficking. Organised Crime (OC): It is almost impossible to separate organised crime and human trafficking as the crime underworld is intertwined and actually exists because of the proceeds that come from especially drug trafficking, selling of counterfeit products and the sex trade. This connectedness is also confirmed by The United Nations Global Initiative to Fight Human Trafficking (United Nations, 2008: 1) that states “…and traffickers are often part of transnational organised crime groups.” So to look at human trafficking outside the context of organised crime is like studying medicine without studying viruses. Albanese, Das & Verma (2003: 5) uses Interpol’s description of organised crime as a “systematically prepared and planned committing of serious criminal acts with a view to gain financial profits and power…by more than three accomplices united in hierarchy and job division.” This clearly indicates that organised crime is business oriented and that hierarchy and division of labour are inherent components of organised crime. The author defines organised crime as a business with all the inherent practices of planning, hierarchy of authority, division of labour, intelligence, market research,2 organisational culture, discipline and contracting, driven for profit and power but without legal and moral constraints. In this paper organised crime and transnational organised crime have been used interchangeably hence reference to organised crime always also means transnational organised crime. 2

This is highlighted because this aspect of organised crime is pivotal in assessing the scope of trafficking prior, during and after the World Cup.

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HUMAN TRAFFICKING AND ORGANISED CRIME (HUTOC) In order to give expression to this interconnectedness of organised crime and human trafficking, the author makes use of the term “HUTOC.” It is important to further note that human trafficking is not only a transnational affair but sufficient evidence shows that trafficking can take place within the borders of the same country. This is borne out by the following incidents that took place in South Africa where a Nigerian syndicate was involved. The Free State premier, Ace Magashule, is reported to have said: We've noted an increase in incidents of young girls being taken from their homes and promised jobs, but ending up getting involved in prostitution and drug abuse. The government, working with law-enforcement agencies, will work harder to root out human trafficking in this province (Chauke, 2010: 1). This statement follows a raid in Bloemfontein. Having been aware that there has been some trafficking going on the premier summoned some of his MECs and law-enforcement agencies to accompany him on night raids around city. He reportedly said "I found girls locked up in one room and they said they came from Pretoria. I immediately called their parents, who told me their children had been offered jobs in Bloemfontein" (Chauke, 2010: 1). In follow-up investigations, the police arrested six Nigerians. This is a classic case of regional trafficking within the borders of South Africa. It is also not clear whether this was related to the Soccer World Cup. According to the definition of Interpol cited above this is an incident of organised crime as any number of 3 or more criminals working together is labeled as such. Another case of human trafficking surfaced when a police officer, Magda Scholtz from Ermelo made some follow-up enquiries after women were arrested for prostitution. Questioning the women she found out that they were in fact victims of human trafficking (Bryson, 2010). Radio Sonder Grense, (2010) during a news bulletin, reported on the incident and stated that 9 Nigerians have been arrested in connection with the incident. A gain we have a Nigerian organised crime group involved. Bryson (2010) further writes that the women claimed that their identity documents had been taken from them and that they were forced to take drugs. The report also states that one of the women who agreed to testify against the traffickers but declined to enter a witness protection program was found strangled near the place where the women lived. The way in which the women were treated characterises the abuse of human rights of victims. This tendency is also borne out by Lansink (2006: 28) when she states, Trafficking in persons is a serious crime and violation of human rights. In recent years, it has been put on top of the international policy agenda as a result of the apparent increase in trafficking, the gross violation of human rights associated with it, the involvement of organised crime syndicates and the national and international efforts to combat trafficking. Within the context of the definition of human trafficking, the freewill of an individual is the primary right that is violated. This violation is quite clearly occurred in the two examples cited above. The free will is not only violated through force or coercion but also through other means. In this regard Preller (2010: 1) quotes Burmudez who says that [s]ubstances are provided as an additional means of control particularly in sexual exploitation. From the evidence presented above is clear that trafficking within South Africa and across our borders is already taking place and that Nigerian and other syndicates are active within the country and Southern Africa. It is therefore essential that a brief overview of organised crime in

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South Africa be presented. Firstly, the groups that have already been identified within the human trafficking networks will be discussed and then the factors favouring organised crime in South Africa. Organised crime groups In the context of the article, three organised crime groups have been selected for discussion, namely the Triads and the Nigerian and Russian groups as evidence, albeit in instances only anecdotal, exists of their involvement in human trafficking in South Africa. Shaw already in 1998 indicated that the three main syndicates in South Africa are the Chinese Triads, Nigerian and Russian syndicates. Seven years later this is confirmed by Kamaldien (2005: 1) who opines that, “Traffickers operating in South Africa include Nigerian networks, Chinese triads, Russian and Bulgarian mafia and various groups of organised criminal syndicates.” The presence of the above mentioned syndicates has thus been evident for a long time. Chinese Triad groups In 2000 the legal Chinese population of South Africa was estimated at 100,000, and Police estimated that the country was home to another 100,000 to 200,000 illegal Chinese. The Triad groups in RSA are mainly Cantonese and Mandarin-speaking groups of which, according to Gastrow (2001: 3), are the: Wo Shing Wo; San Yee On; 14K-Hau; and 14K-Ngai groups. Curtis, (2004: 24), in referring to Chinese organised crime activity in South Africa, says that: Chinese criminal groups, linked to Chinese triad organisations in Hong Kong and Taiwan, have been active, at least since the early 1990s. Operating largely from Johannesburg and Pretoria, they deal in the illicit trade in rhino horn and ivory, money laundering, contraband, and the trafficking of Chinese migrants into South Africa. An interview with Corinne Sandenbergh (2010) director of Stop Trafficking of People (STOP), a faith based NGO revealed that they rescued three Thai girls in Cape Town who were being held against their will in a Cape Town brothel. These girls were repatriated with the help of the International Organisation for Migration (IOM). She confirmed the Triad involvement in trafficking. The international activities of the Triads have also been recorded by Thompson (2003). He, for instance, recorded that three of the Triad groups mentioned above, are also active in human smuggling and trafficking in the United Kingdom and Europe namely, Wo Shing Wo, San Ye On and 14K. Nigerian groups According to Irish and Qhobosheane (2003) there are between forty and hundred thousand illegal Nigerian aliens residing in South Africa. The main operations of Nigerian syndicates involve drug trafficking, prostitution networks, Advanced Fee Fraud (AFF), kidnappings, money laundering and cheque and credit card fraud. Evidence has surfaced of the Nigerian involvement in human trafficking. The Nigerian involvement in South Africa has also been confirmed by a UN Office on Drugs and Crime (2005: 9-10) study that states that “Nigerian males aged between 25 and 35 years were found to be involved in an organised trafficking syndicate in the Johannesburg area and were found to have links to Durban.” During the interview, Sandenbergh (2011) stated that debriefed women, rescued from traffickers, confirmed Nigerian involvement.

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Russian and Eastern European syndicates The normal route used to traffic women into South Africa is to fly them into South Africa (Johannesburg) and then out again to Lesotho Swaziland or Mozambique. They are then brought into the country overland. This is easy to explain as transit passengers are not checked and networks in the bordering states are used to get these women through customs and passport controls. Russian syndicates use this modus operandi to bring trafficked women into South Africa and then they are distributed to clubs in South Africa. Nduru (2011: 1) writes that: “Eastern European women take a similar route into South Africa. They are trafficked by members of the Russian mafia and crime syndicates from Bulgaria, which own clubs in South Africa.” Having indicated that South Africa has been a destination for trafficking it is prudent to explore the history of trafficking of women foe the sex trade to South Africa. SOUTH AFRICA’S HISTORY OF ORGANISED CRIME Human trafficking to South Africa has been part of organised crime for very long. Van Onselen (2007) reports a case in the late 1890s when the secretary to the Jewish Association for the Protection of Girls and Women, accompanied by an officer from Scotland Yard, found a number of women on board the Ionic, a boat destined to sail for Cape Town. The problem also affected the former British colonies in Southern Africa. The discovery of gold in the Transvaal and Orange Free State created the ideal place for prostitution and trafficking. As Van Onselen (2007: 21) so aptly puts it, “In Johannesburg, at that time …men ...outnumbered women ten to one… the perfect environment in which to build an organisation devoted to commercial sex and trafficking in human flesh.” It is therefore no surprise that according to the same author (Van Onselen (2007: 614) the Orange River Colony (post Anglo-Boer War 1899-1901) by 1903 already had an Act to provide for the Suppression of Brothels and Immorality (Ordinance 2 of 1903) and the Transvaal Colony promulgated a similar ordinance in the same year (Ordinance 46 of 1903). It is this very fact (demand for sex) that motivates syndicates to traffic women to countries and cities hosting big events as the number of tourists as the perception may develop that these events will stimulate an increase in the demand for sexual services. The Soccer World Cup will also produce such an incentive. Although organised crime was evident in South Africa since the late 19th century, Transnational Organised Crime in South Africa really caught the attention of the police as a result of the activities of Chinese Triad societies. According to Gastrow (2001: 1): The Chinese criminal elements that caught the attention of police during the 1970s were mainly those involved in the shark fin trade, smuggling of products from endangered species such as rhino horn and illegal gambling operations. By 1990 police were convinced that organised crime groups were making a considerable contribution to the escalating crime problem in South Africa..” Evidence has already been put forward that Triads, Nigerian and Russian syndicates are active in South Africa. What makes South Africa attractive to these criminals?

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GENERAL FACTORS FAVOURING ORGANISED CRIME AND HUMAN TRAFFICKING IN SOUTH AFRICA A number of factors contribute towards interest and activities of organised crime syndicates in this country. Military experience As a former military officer the author dealt with insurgency from neighbouring states. Infiltration routes for arms and insurgents from these countries were established and are still used, but now for criminal activities. The armed insurgency from various groups of whom the most prominent were the armed wings of the African National Congress (ANC) (MK Umkhonto we Sizwe) and the Pan African Congress (PAC) (APLA – Azanian Peoples’ Liberation Army) led to: the establishment of infiltration routes and courier networks through which arms were smuggled; training in the east and connections with Russian, Chinese and Korean as well as African revolutionaries; and apartheid government counter strategies that also involved criminal activities. The result is that connections have been established with former Russian Committee for State Security (KGB) and Triad operatives that have been perpetuated into organised crime operations (Roelofse, 2007). Anecdotal evidence exists that former liberation fighters from Southern Africa were involved in cash heists, gun running, hi-jacking and robbery, drugs, rhino horn and ivory trade as well as smuggling of humans and trafficking. This premise is based on the ease with which South Africa’s borders are penetrated. In addition, … street gangs control local narcotics distribution and have established a mutually advantageous arrangement to divide up the domestic narcotics market with their international suppliers. The gangs, already engaged in internal and cross-border vehicle theft, gun-running, and trade in cannabis and mandrax, presented dealers from outside South Africa with contacts and ready-made networks (Curtis, 2004: 24). It is evident that existing criminal networks are available to expand networks used to smuggle drugs, vehicles and arms to include human trafficking. The armed struggles in neighbouring states and in South Africa created political instability that also facilitated the growth of organised crime and the exploitation of vulnerable groups, notably women and children. Further evidence of military training of traffickers comes from a Zimbabwean immigration official who stated that Nigerians arrested for trafficking, had military backgrounds. This country is being used as a transit for a destination, which is not known. “Some of them have got a military background because it’s only a military trained person who can stand the harsh environment, which they go through" (Zimdiaspora, 2010: 1). Political instability and poverty Political instability, poverty and mass migration from countries to the North of South Africa as well as around 3,7 million AIDS orphans in South Africa (Star Fish, 2010) and the exploitation by organised crime syndicates and corrupt officials in the Department of Home Affairs and the Police create ideal conditions for human trafficking. Obtaining false travel documents, marriage certificates, work permits and even citizenship has been reported over and over in South Africa.

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Apart from these general factors favouring organised crime, South Africa has specific attributes that favour organised crime. These are briefly discussed hereunder. PARTICULAR FACTORS FAVORING ORGANISED CRIME IN SOUTH AFRICA Minnaar (1999) stated at the 9th International Anti-Corruption Conference held in Durban that there were a number of factors that contribute to the growth of organised crime in South Africa, namely: Renewed investor interest; South Africa’s favourable geographical location on the major trafficking routes between the Far and Middle East, the Americas and Europe; South Africa’s accessibility via land, sea and air routes. To this can be added that a number of unmonitored air strips exist close to our Northern borders which makes illegal and unnoticed border crossings very easy; (this has been exploited for instance to take abalone out of South Africa to neighbouring states). A criminogenic market structure. Unsaturated demand for and readily available illicit commodities such as drugs, arms, vehicles, endangered species products and body parts exist (Minnaar, 1999). The large scale presence of illegal aliens/undocumented migrants notably from SADC countries, China, Taiwan and Nigeria that are involved in organised crime adds fuel to the fire. In particular border controls and corruption are critical contributors to the success of organised crime, making it easy to traffic females into South Africa. Border control and corruption The advent of democracy in the country heralded an increase in organised criminal activity. According to Shaw (1998: 2) Senior SAPS officers point out that, when apartheid ended, border controls were weakened, thus creating new potential areas of operation for organised crime. Support for this observation comes from a Parliamentary Portfolio Committee for Home Affairs visit to a number of Southern African Development Community (SADC) countries to study first hand what is happening at our international borders. The Committee reported that: Criminals exploit border control and current control measures are not sufficient to stop, smuggling… or the movement of illegals (sic.) across SADC borders; Resources are lacking, especially at South African border posts where buildings; equipment, toilets facilities are insufficient; Staff morale and discipline is also unsatisfactory at South African border posts; and. Corruption at some border posts also seems to be out of control Parliamentary Portfolio Committee for Home Affairs, 2001: 1). Here is a clear indication of the inefficient border controls at South Africa’s borders that can directly contribute towards human trafficking from neighbouring states or from other countries via these neighbouring states. This point is substantiated in a report from the National Prosecuting Authority (NPA) that states that people are trafficked from within Africa across the extensive land borders of South Africa. The people are mostly from Mozambique and Zimbabwe. “Longer-distance trafficking involve victims trafficked from the Democratic Republic of Congo (DRC), Angola, Rwanda, Kenya, Cameroon, Nigeria and Somalia. All

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documented cases in this last category are women trafficked for both sexual and labour exploitation.” (Human Sciences Research Council, 2010: 1). Poor border controls and corruption present opportunities to syndicates to traffic AIDS orphans and street kids roaming the streets of our cities’ CBDs. Many of these children are not under proper supervision and if they disappear not many people will notice. The distinct possibility therefore exists that they can be trafficked to destinations outside and inside South Africa with fake documents and possibly never be missed. According to Bermudez as quoted by Preller (2010: 1) children who are most vulnerable to recruitment for trafficking are child-headed households due to HIV and AIDS, unregistered children, and children living in impoverished rural areas and informal settlements. Having described the organised crime groups and factors favouring organised crime in South Africa it is necessary to look at the trends of human trafficking at some of the big events of the past and to try and extrapolate the possible occurrence of this crime during the Soccer World Cup. HOW BIG IS THE PROBLEM OF TRAFFICKING? All researchers will agree that the estimates on trafficked persons are no more than educated guesses. The International Labour Organisation (ILO) estimates that around 2,5 million men, women and children are trafficked internally and across borders at any particular time for a variety of reasons. One obvious reason being sexual exploitation. This statement supports the broader definition of Skinner of slavery as people trafficked for a variety of exploitative practices. Lansink (2006) quotes researchers such as Piper and Laczko who found that the figures are mostly just conjectures. Leggett (2004) bluntly states that in South Africa, perceptions on human trafficking are almost entirely based on two studies which in his opinion are methodologically flawed. “The Law Reform Commission Issue Paper, and just about every other document referring to human trafficking in South Africa, draws its ideas about the extent and nature of the local problem almost entirely from two pieces of primary research” (Leggett, 2004: 3). The studies referred to are: A study published in 2000 by the organisation, Molo Songolo This study reflects the opinions and experiences of ten foreign national prostitutes in South Africa. The report reflects, according to Leggett, on accounts of trafficking from 24 African countries. One has to support this criticism as it is highly questionable how these women can provide information on 24 countries (Molo Songolo, 2000: 3). International Organisation for Migration (IOM) Leggett (2004: 6-7) further states that the second is a study published in 2003 by the International Organisation for Migration. “Both pieces of work profess to be preliminary investigations, but in the absence of other research they are being taken as authoritative. They involved at least one common researcher and both suffer from similar methodological problems.” His valid criticism of this report states: The IOM report purports to cover all of Southern Africa (11 countries), but only 25 victims were interviewed, including: 13 refugee women from various countries who were living in the Cape Town area, two Basuto children, two Malawian women, two Mozambican women, and two Thai women. The authors also

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mention interviews with over 200 non-trafficked people about the issue, although these are not detailed in the footnotes. The scepticism with which Leggett views these studies and the occurrence of trafficking can be substantiated. The fact that predictions of trafficking prior to events do not match the actual statistical evidence of reported cases are borne out by the facts surrounding two major events scrutinised as part of the research for this article. ANALYSES OF TWO MAJOR EVENTS In order to obtain insight into HUTOC experiences at other major events two particular events have been reviewed. The Soccer World Cup in Germany, 2006 The United States passed the Trafficking Victims Protection Act in 2000 which, amongst other objectives, serves to classify countries according to set criteria in the way they handle and report trafficking. The Act was designed as a mechanism to act against traffickers and bring them to justice. The Act also seeks to afford victims of trafficking with support and protection. Garcia from the Council of Hemispheric Affairs writes, “The annual assessments mandated by the act were based on information coming from a variety of sources, including American embassies, foreign government officials, NGOs and international organisations. Based on a threshold of 100 or more victims, State Department officials endeavour to determine whether a given country serves as a source, transit point, or destination for trafficking victims” (Garcia, 2010: 1). In this classification there are three levels. Tier 1 countries comply, Tier 2 countries partially comply and Tier 3 countries are basically non-compliant. Germany is a Tier 1 country. Security arrangements for the Soccer World Cup hosted by Germany also dealt with human trafficking. The German authorities’ thinking at the time had been influenced by a European Parliament resolution on forced prostitution passed in March 2006. Frontline Consulting (2009) in a report for the Canadian government on the potential for human trafficking and sex work during the Vancouver Winter Games, wrote that the European Union gave credence to the myth of increased demand for sexual services during big events. The EU Parliament had noted that from “past experience… [W]e have seen an increase in human trafficking.” In the preamble to a resolution they stated, “ …any major sporting event at which large numbers of people congregate results in a temporary increase in the demand for sexual services” (Frontline Consulting, 2009: 41). Despite the European Parliament’s statement, the International Organization for Migration report on the Soccer World Cup in Germany states that all data and information gathered strongly suggested that the predicted increase in trafficking prior and during the 2006 Soccer World Cup in Germany did not occur. It is concluded that of the 40000 estimate was unfounded and unrealistic (Frontline Consulting, 2009:42). Gould and Richter (2010: 1) also states that before the 2006 Soccer World Cup in Germany, media reports convinced the public that 40 000 women and children would be trafficked into Germany to meet the demand of an estimated three million soccer spectators. However, researchers only found evidence of five cases of trafficking for sex purposes. Vancouver Winter Olympic Games in Canada, 2010 Concerning the Winter Olympic Games what is important to note is that Canada had a Tier 1 rating as opposed to the Tier 2 rating for the Soccer World Cup. Yet in Vancouver Down Town East Side (DTES) Aboriginal women “…are driven into [domestic trafficking] by poverty, and

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conditions on the reserve… and DTES… is an economically deprived inner city neighbourhood with residents battling with homelessness, poverty, drug addiction and HIV/AIDS” (Frontline Consultancy, 2009: ii). These are the exact same conditions that are encountered by a number of women and children in South Africa that make them vulnerable to sex trafficking. This makes the Vancouver Winter Olympic Games a far better option for comparison with the Soccer World Cup 2010 in South Africa than the Soccer World Cup in Germany. The author established contact with the Police in Vancouver to establish what the extent of human trafficking was during the Vancouver Winter Games. Officer Sanders from the Vancouver Police Vice Unit stated: “I will say we did not see the influx of sex trade provisions coming into the city… All rumours or suggestions that numerous females would be trafficked into Vancouver…did not happen.” (Canadian Royal Mounted Police, 2010: 1). So, like in Germany, the predictions of large scale trafficking did not occur. Post-Soccer World Cup 2010 initial findings South Africa did not have any anti-trafficking legislation in place (although legislation had been drafted) by the time the Soccer World Cup occurred in July 2010. Therefore it is obviously not easy to assess the scope of this specific crime accurately. Once again one can only speculate that the predictions could have been vastly exaggerated or that the awareness campaigns and prevention measures were responsible for the results. The reason prevention is put in place is to reduce crime, so once the measures produce a positive result, surely one can deduce that it is as a result of prevention. Prevention measures employed are also based on perceptions about trafficking that preceded the events mentioned above. Yet the reality after the Soccer World Cup 2010 seems to indicate the opposite. Although the survey found that there was an increase in the online advertisement by sex workers there was not a commensurate increase in demand. The survey carried out by the United Nations Population Fund (UNFPA) and the Cape Town-based lobby group Sex Worker Education and Advocacy Taskforce (SWEAT) among 663 sex workers in Johannesburg, Cape Town and Durban, found no major increase in demand during or since the World Cup (IANS, 2010: 1). In addition to these findings Modise (2010: 1) quotes Richter who conducted interviews with 60 sex workers around four major football venues: Hillbrow, Sandton, Rustenburg and Cape Town before, during and after the Soccer World Cup 2010. Many sex workers expected an increase in clients and foreign currency but threequarters of them said there was no change in working conditions and about 16 per cent said that they got fewer clients. This does not mean that trafficking did not take place but it does indicate that the influx of football fans did not stimulate the demand for commercial sex and one can deduct that the demand side did not increase and therefore possibly also victims of trafficking were not abused at an increased level. This argument must be qualified because traffickers did not have this information beforehand and they might have trafficked women in the hope of an increased demand. The definition that the author offered of organised crime that operates as a business and therefore they also do market research, surely indicates that they would have learnt from other big events. As indicated above the German and Vancouver experiences indicated that the estimates were completely way off the mark on the one hand or that the estimates, and the police programs and lobbying contributed to a heightened risk for traffickers. Therefore they did not

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operate at the predicted or expected extent volume-wise. This is a hidden crime and difficult to detect but it also seems that the precautions taken in South Africa had the same effect as the other two events analysed. It is thus prudent to look at what South Africa did to curb human trafficking and also what can be done in addition to prevent this crime in the future. PREVENTION Prevention of HUTOC requires a multi-pronged approach but probably the first requirement is sound legislation. Legislation As far as the Soccer World Cup 2010 was concerned, South Africa developed an elaborate security plan (Minnaar & Van Jaarsveld, 2010). However, we still do not have a specific act on trafficking and hence has a tier 2 classification because, due to the absence of a specific act to deal with trafficking, we cannot accurately report on it. Current acts of trafficking are dealt with under other legislations that are discussed hereunder. Some specific agreements and acts used in the fight against human trafficking need to be mentioned. The United Nations Convention against Transnational Organized Crime, as adopted in Palermo, Italy in December 2000 – referred to as the Palermo Protocol (United Nations Office on Drugs and Crime, 2000) – galvanised international action against organised crime. This was followed up with an annexure to the document called ‘The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.’ The Annexure calls for: …effective action to prevent and combat trafficking in persons, especially women and children, requires a comprehensive international approach in the countries of origin, transit and destination that includes measures to prevent such trafficking, to punish the traffickers and to protect the victims of such trafficking, including by protecting their internationally recognised human rights” (United Nations, 2000: 1). South Africa has responded rather sluggishly to the UN protocol. Almost ten years have passed since the Protocol was supported by South Arica yet at the time of the Soccer World Cup no specific Act to deal with human trafficking was in place. This makes it impossible to accurately account for this “crime” as it will be left to investigators and the operators of the Crime Administration System (CAS) to decide under which law(s) to initiate prosecutions. However, there are some excellent laws in place to deal with organised crime and in this way also helps to deal with Human trafficking and in particular with prosecuting syndicates involved in such activities. The South African position and some existing laws dealing with the prevention of organised crime and therefore per se also with human trafficking perpetrated by organised crime groups are dealt with hereunder. The Protocol to Prevent Trafficking in Persons At present, South Africa does not have an anti-trafficking act as required by the protocol. This makes and accurate assessment of the scope of trafficking virtually impossible as perpetrators are charged under other laws. Perpetrators can therefore not be charged under a particular law and this makes law enforcement and prosecutions a fragmented and uncoordinated effort. The Criminal Law (Sexual Offences and Related Matters Amendment Act) Act, 2007 for instance

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also touches on child prostitution and includes male rape in its definitions. Sections 10, 11 and 17 specifically criminalise the Promotion of sexual offence with children and Child prostitution. However, the Law Reform Commission drafted a Bill and released it for comments during May 2006. The Bill has, however, not yet been passed into law. This is the reason why South Africa only had a Tier 2 rating under the American TVPA, since South Africa cannot yet accurate report on trafficking due to this absence of specific legislation dealing with human trafficking. Prevention of Organised Crime Act, 1998 (Act No 121 of 1998) This Act took effect in January 1999 and introduced a number of measures to combat organised crime, money laundering and criminal gang activities. The Act provides for the confiscation of criminal assets and also for the civil forfeiture of certain assets. It further provides for a Criminal Assets Recovery Account and a Criminal Assets Recovery Committee. One of the objectives of the Committee is to advise Cabinet on issues around the rendering of financial assistance to law enforcement agencies in order to combat organised crime, money laundering, criminal gang activities and crime in general. In the context of HUTOC, it is important that organised crime be policed in an effective manner because syndicates normally involve themselves in a variety of activities. Drug syndicates may also be involved in human trafficking and vice versa. The Regulation of Interception of Communications and Provision of Communicationrelated Information Act, 2002 (Act No 70 of 2002) This Act regulates the interception of certain communications, the monitoring of certain signals and radio frequency spectrums and the provision of certain communication-related information. The Act also regulates the applications for, and the issuing of directions for authorising the interception of communications, etc. Some countries have gone against the general norm of legalising prostitution or to prosecute only on the supply side. By intercepting telephone calls and internet communications it is possible for the police and intelligence agencies to monitor syndicates and to gather intelligence on crime being planned which obviously may also help in identifying human trafficking activities. Although there is as yet not a law specifically dealing with human trafficking, current legislation, of which the most apparent ones, pertaining to organised crime and human trafficking mentioned above, create a legal basis for law enforcement agencies to act against traffickers within the context of organised crime. These laws can be used to deal with organised crime but our commitment to international protocols on trafficking dictates that a specific law on trafficking must be approved. The laws mentioned above are inadequate in one respect though and it is necessary to focus on this in order to indicate the discriminatory principles entrenched in laws dealing with sexual offences. Sex workers are criminalised but their customers not. Criminalising the demand side of sex is a disputed paradigm but has nonetheless been implemented by a number of countries. Criminalisation on demand side According to the Human Development Index of the United Nations (2009: 1), the Nordic countries find themselves in the top 20. Sweden is number one in the world, Iceland is third, Norway is seventh and Finland and Denmark, respectively in 12th and 16th place. Sweden and Finland has adopted legislation that criminalises the demand side for sex. These countries are advanced and have low crime rates. Sweden and Finland have had great success in curbing the demand for prostitution by criminalising the demand side. There are obviously different schools of thought on criminalising the demand side for sex. Hughes, Eleanor and Carlson (2004: 1)

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reports that, “Sweden is unique in that it is the first country to pass a law exclusively criminalising the buyers of commercial sex acts. In Sweden, under the ‘Act Prohibiting the Purchase of Sexual Services’ passed in 1998, prostitution was defined as a form of male violence against women.” According to the Swedish government, there has been a “dramatic drop in the number of women in street prostitution,” and a decrease in the number of men who buy sexual services (Hughes, 2004: 30). Another Nordic country, Finland passed legislation in October 2003, on public order that criminalised the buying of sex services in public places. “Previously, selling sex acts was illegal, but purchasing them was not. Now, both are illegal. In Helsinki, the law is being used to crackdown on street prostitution (Hughes, 2004: 30). In Sweden, the new stance has huge public support with surveys indicating an 80% approval rate. The result in Sweden is that there is a reduction in soliciting on the streets. The fact that this approach is used by some of the most advanced countries in the world should serve as some barometer for the rest of the world in how to deal with the problem on the demand side for sex. Apart from the legal prescriptions other preventative measures should also be looked at. Moral revival Young women and girls are at the bottom of the victim scale. They are molested, raped, abused, trafficked, drugged and kept as sex slaves, economically exploited and treated with disrespect and as inferior. We live in a sex-obsessed world in which women are often just viewed as objects for sexual pleasure. It is time society looks at the system of total freedom and realizes that freedom without responsibility equals degeneration. Bromberg (1997) in a paper presented at the Conference on prostitution at the California State University lamented about a general immorality when she states “ …that a climate of immorality is everywhere evident in the society, and obviously not only in the lives of prostitutes. This pervasive cultural climate of immorality (cheating, lying, manipulating, and exploiting others to serve one’s own ends) contributes to the oppressions that feminists condemn.” Social gender roles As feminist theorists, Siegel (2003: 321) and Ellis (1989) so aptly describe, the patriarchal system inbreeds a social bias towards inequality and male dominance. Respect for one another as equal beings must be nurtured in the home and school and in communities. This does not mean that role differentiation in relationships should not form part of socialisation but it must be done on the basis of equality and must be demonstrated in the parental relationship in the home. Police training according to the news article, if we look at the case in Ermelo, Mpumalanga, it seems as if the initiative of Warrant Officer Scholtz, referred to earlier, came as an afterthought. This seems to confirm a statement from President Zuma, quoted by DefenceWeb, about training and investigation of police to handle human trafficking: “There are competent human trafficking investigators in every Organised Crime Unit and regular training workshops are presented to the police, especially to front line officers working at ports of entry” (2010: 1). Warrant Officer Scholtz obviously was alerted by the women’s position and used her skills to in fact determine that the women were trafficked. This is an example of reactive policing that uncovered a crime that would have been hidden and the women would have been criminalised for prostitution. Poverty eradication Poor women have the least options top exercise in order to survive and many are driven by the demand for sex into the grim world of prostitution. This brings them into contact with the world

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of crime and organised crime syndicates. From this point on they lose control over their personal lives and become easy targets for trafficking. Economic empowerment leads to greater opportunity and greater choice. Economic emancipation is necessary to change the lives of poverty stricken women. Government must create the climate for economic growth and the economic progress of women. Intelligence HUTOC cannot be combated without proper crime information and intelligence. In the South African context this means the full utilisation of the resources of Interpol and the Southern African Regional Policing Coordinating Committee’s resources to obtain information. Sweet (2010) aptly describes the change in American thinking on intelligence after the 9/11 events. The whole idea of cooperation between intelligence agencies, public and private sectors as well as with the public has been identified as a priority to prevent future attacks. This obviously applies equally to other crimes such as drug and human trafficking. Griffiths (2010) reiterates this point when he states that policing in New Zealand has developed a new model that is based on intelligence and problem-solving within a police/community partnership. A shift in police strategy from conventional/classic investigations to more unconventional/covert police strategies and an integrated approach as referred to above to counter similar methods used by perpetrators, is suggested. Saturation As far as the 2010 Soccer World Cup was concerned, 40 000 extra police officers were deployed in the areas immediately around the venues. Saturation of such the areas with police and security officers is a very effective way to deal with street solicitation but not with brothels away from the event centres. To sustain a saturation mode is in most instances not possible due to limited resources, high operational costs. Typically police agencies use random saturation strategies in order to flood identified flashpoints or crime ‘hotspots’ in an unpredictable pattern to achieve the element of surprise. Awareness and lobbying for action It is clear from the information put forward the predicted human trafficking for big events did not occur. The author is convinced that it is not because of the lack of motive on the side of organised crime groups but precisely because of the scope of the problem worldwide and the lobbying for action by mainly NGOs, faith based and feminist organisations. This lead to governments responding to these activist programs and making resources available to put preventative measures in place. For instance, before the 2006 Soccer World Cup, Germany ran four major campaigns distributing thousands of leaflets and putting up thousands of posters. The Red Card for Sexual Exploitation and Forced Prostitution alone distributed 100 000 leaflets, 10 000 posters and 40 000 stickers (Frontline Consultancy, 2009). Had that not happened, human trafficking would in all probability have taken place in the numbers as predicted. Faith based organisations also responded to the problem in very encouraging ways. In South Africa the same trend (as Germany) emerged. The South African Catholic Bishops’ Conference designed and distributed a poster. In addition, the Catholic Church in South Africa created the Counter Trafficking in Persons Desk (CTIP), a joint project of the Leadership Conference of Consecrated Life and the Southern African Catholic Bishops’ Conference (Southern African Catholic Bishops’ Conference, 2010: 1).

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Making use of technology as part of awareness programs such as the internet came from Helderberg Rape Crisis Centre, an affiliate of STOP, that placed a letter on Facebook stating: “Raising awareness is one of the main tools to combat human trafficking” (Nel, 2010: 1). The above examples indicate how serious these organisations viewed the problem at the time of the Soccer World Cup in South Africa in 2010 and their zeal to do something about it. During the interview with STOP Director, Corinne Sandenbergh (2010) confirmed that they launched branches all over the country: We want to be active throughout South Africa and starting with the areas where there will be FIFA matches for the World Cup. We want to raise this issue and keep on raising it so that government and the public will be aware of the dilemma of the victims. We also concentrate on schools to make young girls aware of the dangers. We already launched branches in all provinces. For instance the Limpopo branches in Polokwane and Louis Trichardt were launched in October last year already. In fact the researcher observed that STOP had erected a very large billboard on the main road (N1 South) into Polokwane to raise awareness just before the Soccer world Cup. As can be gathered from the above, in South Africa government, faith based organisations and NGOs raised awareness pre-, during and post the Soccer World Cup of 2010. Hopefully these campaigns will have the long-term desired affects in the prevention of human trafficking, particularly for sex work. CONCLUSION There is no doubt that human trafficking is already taking place within South Africa and also across its borders. There already exists a demand and there are large numbers of underprivileged women that can and do fall prey to the crime of trafficking. Strong lobbying by NGOs and faith based organisations has helped to focus government agencies on the problem – the same results being observed in Germany (2006 Soccer world Cup) and Vancouver (Olympic Winter Games 2010). The main problem will remain South Africa’s ability to report accurately on the phenomenon due to the continued absence of specific legislation to combat human trafficking. LIST OF REFERENCES Albenese, J.S. Das, D.K. &Verma, A. (2003). Organized Crime. Upper Saddle River: Prentice Hall. Berry, L., Curtis, G.E., Gibbs, J.N., Hudson, R.A., Karacan, T., Kollars, N., Miro, R. & Nations, J. (2004). Hospitable to organized crime and terrorism, Washington DC, Library of Congress. Available at: http://www.loc.gov/rr/frd/pdf-files/Nats_Hospitable.pdf (accessed on 7 June 2010.) Bromberg, S. (1997). Feminist issues in prostitution. Paper presented to the 1997 International Conference on Prostitution at Cal State University, Northridge. Available at: http://www.feministissues.com/ (accessed on 22 July 2010). Bryson, D. (2010). Ermelo prostitutes were victims of trafficking gangs, The Star. 21 April. Available at: http://www.thestar.co.za/index.php?fArticleId=5433136 (accessed on 22 April 2010). Chauke, A. (2010). Police trail human traffickers: Six Nigerians behind bars. The Times. Available at: http://www.timeslive.co.za/local/article330960.ece (accessed on 8 March 2010).

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DefenceWeb. (2010). Zuma warns about human trafficking risk. Available at: http: //www.defenceweb.co.za/index.php?option=com_content&view=article&id=8122: zumawarns-of-human-trafficking-risk&catid=52: Human%20Security&Itemid=114 (accessed on 21July 2010). Ellis, L. (1989). Theories of rape: Enquiries into causes of sexual aggression. New York: Hemisphere Publishing. Family Safe Media Statistics. (2011). Internet Pornography: Facts and figures. Alabama Policy Institute. Available at: http://www.familysafemedia.com/pornography_statistics.html (accessed on 25 May 2011). Frontline Consulting. (2009). Human trafficking, sex work safety and the 2010 Games: Assessments and recommendations. Available at: www.pivotlegal.org/pdfs/excerptsfromhtswsandthe2010games.pdf (accessed on 22 April 2010). Gould, C. & Richter, M. (2010). The need for evidence to assess concerns about human trafficking during the 2010 World Cup. ISS Today. Available at: http://www.iss.co.za/iss_today.php?ID=917. (accessed on 21 November 2011). Griffiths, C. (2010). Community Policing: Improving effectiveness via tasking and coordination and control strategies. New Zealand Police Research Symposium Paper 2010. Garcia, G. (2010). The State Department Human Trafficking Report: Raw ideology rather than bona fide research. Available at: http://www.coha.org/the-state-department-humantrafficking-report-raw-ideology-rather-than-bona-fide-research/ (accessed on 19 April 2010). Gastrow, P. (2001). Triad societies and Chinese organised crime in South Africa. ISS Occasional Paper No. 48. Pretoria: Institute for Security Studies. Hughes, D.M., Eleanor, M. & Carlson, O.M. (2004). Best practices to address demand side of sex trafficking. Available at: http: //www.uri.edu/artsci/wms/hughes/demand_sex_trafficking.pdf (accessed on 22 July 2010). Human Sciences Research Council. (2010). Tsireledzani: Understanding the dimensions of human trafficking in Southern Africa. Available at: http://www.hsrc.ac.za/Document3562.phtml (accessed on: 22 November 2011). IANS. (2010) No rise in prostitution during FIFA World Cup 2010. http://www.sify.com/news/no-rise-in-prostitution-during-fifa-world-cup-2010-newsinternational-kkvx4medgah.html (accessed on 4 April 2010). Irish, J, & Qhobosheane, K. (2003). Penetrating state and business. Organised crime in South Africa. 2. Pretoria: Institute for Security Studies. Kamaldien, Y. (2005) South Africa linked in the global human trafficking. Available at: http://ipsnews.net/africa/nota.asp?idnews=27772 (accessed on 21 November 2011). Lansink, A. (2006). Human Rights focus on trafficked women: An international law and feminist perspective. Agenda 70. Leggett, T. (2004). Hidden agendas: The risks of human trafficking legislation. South African Crime Quarterly, 9. Pretoria: Institute for Security StudiesAvailable at: http//www.issafrica.org/pubs/CrimeQ/No.9/Leggett.htm (accessed on 3 March 2010). Minnaar, A. (1999). A symbiotic relationship? Organised Crime and corruption in South Africa. Presentation to Workshop No. 5: Organised Crime & Corruption. Presentation to the 9th International Anti-corruption Conference: Global Integrity: 2000 and beyond -

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Fish. (2010). HIV/AIDS facts & figures. Available at: http: //www.starfishcharity.org/general-content.aspx?id_Content=193 (accessed on 28 July 2010). Southern African Catholic Bishops’ Conference. (2010). Human trafficking in South Africa 2010 and beyond. Available at: http://www.sacbc.org.za/Site/index.php?option=com_content&view=article&id=286: human-trafficking-in-south-africa-2010-and-beyond&catid=7:weekly-feature&Itemid=11 (accessed on 28 April 2010). Sweet, K. (2010). Information sharing between police and intelligence agencies. In G. Cordner, A. Cordner & D. Das (eds). Urbanization, policing and security: Global perspectives. Boca Raton: CRC Press. Thompson, T. (2003). Gangs: A journey into the heart of the British underworld, London: Hodder & Stoughton. United Nations Office on Drugs and Crime. (2000). The United Nations Convention against Transnational Organised Crime in Palermo, Italy, in December 2000. Available at: http://www.unodc.org/unodc/en/treaties/CTOC/index.html (accessed on 28 July 2010). United Nations. (2000). UN Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations convention against transnational organized crime. New York. United Nations. United Nations Global Initiative to Fight Human Trafficking. (2008). Trafficking in persons for the purpose of organ removal. The Vienna Forum to fight human trafficking, 13-15 February 2008. Background Paper. Workshop 011. Vienna: United Nations Office on Drugs and Crime (UNODC). United Nations. (2009). Human Development Index of the United Nations. Available at: http: //hdr.undp.org/en/statistics/ (accessed on: 22 April 2010). United Nations. (2010). Gender and human trafficking. Available at http://www.unescap.org/esid/gad/issues/trafficking/index.asp (accessed on 8 March 2010). Van Onselen, C. (2007). The fox and the flies. London: Jonathan Cpe. Zimdiaspora, (2011). Nigerian arrested for human trafficking in Zimbabwe. Available at: http://zimdiaspora.com/index.php?option=com_content&view=article&id=3507: nigerian-arrested-for-human-trafficking-in-zimbabwe&catid=38: travel-tips&Itemid=18 . (Accessed on: 22 November 2011). Interviews Sandenberg, C. (2010). Director of Stop Trafficking of People. Telephonic interview conducted on 10 March 2010. Emails Canadian Royal Mounted Police Canada, Vancouver Vice squad. (2010). E-mail copies handed to author at IPES conference in Malta by Dr Stephen Perrot. 15 March 2010. [email protected]. Vancouver. Sandenbergh. H. E-mail: Sandenbergh, Herkie, Dr [[email protected]] Opened 28 April 2010.

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