Gov’t crackdowns on human trafficking

Acknowledging the sluggish disposal of human trafficking cases due to legislative gaps in the Anti-Human Trafficking Bill of 2014, the Ministry of Defence, Justice, and Security (MDJS) proposes an amendment draft which would allow more extensive and comprehensive punishments to human traffickers.

MDJS held a two day long public workshop on Tuesday and Wednesday which sought public opinion on what deficiencies the existing anti-human trafficking legislative framework retains that hinder the government’s ability to crackdown on human traffickers.

The ministry also sought to align Botswana with the minimum legislative framework requirements against human trafficking dictated by the United Nations Convention against Transnational Organised Crime (UNTOC) treaty.

Despite Botswana having signed the multilateral treaty in 2002 and amending further supplementary protocol in 2014, the nation still remains Tier 2 ranked according to the 2021 Trafficking in Person Report of June. The Tier 2 ranking denotes that Botswana does not meet the minimum legislative requirements of the Trafficking Victims Protection Act (TVPA) of 2000. The key areas of contention identified in the Anti-Human Trafficking Bill of 2014 by the MDJS were related to allowing for fines in lieu of imprisonment, lax penalties for human trafficking especially in relation to other serious crimes, and the permission of suspended prison sentences for traffickers.

Speaking at the workshop, the acting secretary to the safety and security of the MDJS, Boikhutso Botlhole, informed the public that government has not turned a blind eye to human trafficking but rather it has committed itself to recovering the effects of COVID-19 on anti-human trafficking efforts.

“As at January 2022, Botswana had 20 cases of human trafficking registered before the courts, and we have attained four convictions since the enactment of the Anti-Human Trafficking Act (2014),” Botlhole said.The slow disposal of cases is mainly attributed to the multi-faceted and complex nature of human trafficking case investigations.

In addition, incidents of cross-border trafficking cases often require the administration of the requisite evidential gathering processes through Mutual Legal Assistance (MLA),” she added.

SADC MLA protocol allows member nations to assist in international criminal investigations and prosecutions. However, this process is dependent on the judicial proceedings timeframes of the involved nations, as such delays can be common.

However, in spite of this, Botlhole announced that the government has identified and a total of 78 victims of human trafficking since 2014 and have expatriated 40 of them back to their home countries. Botswana Council of Non-Governmental Organisations (BOCONGO) executive director, Monametsi Sokwe, expressed the magnitude of human trafficking in Africa and what Botswana can do to combat it.

“About 23% of global human trafficking takes place in Africa, roughly nine million cases in our continent alone. Nearly 40% of those cases in Africa are in forced labour, and many of these happen in our own homes. Think about those aunties that work in the family that you aren’t particularly sure how they got there, you may find that they came unwillingly,” Sokwe said. “Even in Botswana you find illegal labour trafficking in the agricultural, mining, and fishing industries, especially among the Basarwa and Zimbabweans of our society,” he said. “Only one country in Africa currently meets the requirements of the Trafficking Victims Protection Act, and that is Namibia. Botswana should take note and benchmark off the standards set by our neighbour,” he added.

Furthermore, Sokwe recommended that Botswana should increase training to members of the judiciary on human trafficking to better equip them with the knowledge to more effectively combat and persecute traffickers, as well as the need for greater participation of victims in the legal investigation process. He also recommended that the government propagate awareness campaigns on human trafficking in rural areas of the country where vulnerable potential victims often originate.

Discussions on the drafting of the Anti-Human Trafficking (Amendment) Bill of 2022 are still on-going but are expected to be tabled by the National Assembly in due time.