BRIEFING:THE STATE OF READINESS REPORT BY THE ROLE PLAYER DEPARTMENTS PRESENTATION TO THE JUSTICE AND CONSTITUTIONAL DEVELOPMENT PORTFOLIO COMMITTEE

BRIEFING:THE STATE OF READINESS REPORT BY THE ROLE PLAYER DEPARTMENTS

PRESENTATION TO THE JUSTICE AND CONSTITUTIONAL DEVELOPMENT PORTFOLIO COMMITTEE

STATE OF READINESS

DEPARTMENTS REPORTS

PRESENTATION BY THE DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT (DOJ&CD)

DEPARTMENT OF SOCIAL DEVELOPMENT (DSD)

DEPARTMENT OF LABOUR

DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATION (DIRCO)

SOUTH AFRICAN POLICE SERVICE (SAPS)

STATE OF READINESS REPORTS

OBJECTIVE

To present the “State of Readiness Reports” of the various departments/institutions

BACKGROUND

• Inter-Departmental Coordination efforts on include:

• Working Sessions held to develop Inter-Departmental Plans and

Departmental Plans

• Draft Costing of the Prevention and Combating of Trafficking in Persons

Bill (TIP Bill)

• Consultative processes on the first draft Costing Report – December 2009

circulated to departments and discussed over a working session held in

August 2010

• Workshop to identify gaps and potential challenges in the implementation of the TIP Bill and roles and responsibilities clarification

• Second draft presented to the departments at an inter-departmental working

session in October 2010

• Coordination of training; research and structures at national and provincial levels

• Training Manual developed and will be finalized after passing of the Bill

• Inter-departmental plan developed and circulated to the departments for inputs

List of Institutions/ Departments requested to submit State Readiness Reports are: The Department of Justice and Constitutional Development (DOJ&CD) National Prosecution Authority (NPA) The South African Police Service (SAPS) The Department of International Relations and Cooperation (DIRCO) The Department of Labour The Department of Home Affairs (DOHA) Department of Health (DOH) National Intelligence Agency ( NICOC) COGTA Border Control Operational Coordinating Committee (BCOCC) (SARS) – no real

responsibilities yet outlined

WorkflowVictim of Trafficking

State

Officials

, NGO’s and Individuals

South African Police Service (SAPS)

Reporting of trafficking

matter

Social Development• Social

Practitioners

Accredited Adult Victim Shelters

Accredited Child Protection

Shelters

Intersectoral Committee• Public awareness campaigns• Directives/National Instructions/ Directives/Guidelines• Victims Information System

• National Policy Framework

Home Affairs

NPA: Prosecution

Judiciary

Handling of trafficking

matter

National Reporting

International Relations

Court Process

Court Process

Identifyvictim of human

trafficking

Member of thePublic

State Official

Reporthuman

trafficking matter to

SAPS

Member of thePublic

State Official

Recordhuman

trafficking case

SAPS

Refervictim to

accredited shelter within

24 hours

SAPS

Issue certificate of

victim of humantrafficking

Home Affairs

Issuepermit to victim

of human trafficking

Home Affairs

Issueextended

permit to victim of human trafficking

Home Affairs

Deportvictim of human

trafficking to country of residence

Home Affairs

Investigate human

trafficking case

SAPS

DPCI

Prosecutehuman

trafficking case

NPA

Implementation date of Act

Prosecute compensation order matter

NPA

Child victim

Adult victimObtain

consent of adult to report

human trafficking case

Member of thePublic

State Official

Adult victimconsent

form signed

Human trafficking

case reported

Human trafficking

case opened

Victim sent to accredited

shelterProvide care for victim of human

trafficking

AccreditedShelter

SocialDevelopment

Social services provided to victim of human trafficking

Accredit shelters for victims of

human trafficking

SocialDevelopment

Accreditation applications

Compensation order granted

Database of accredited shelters

Human trafficking

case opened

Human trafficking

case opened

Certificate of Victim of Human

Trafficking

Victim of human trafficking returned to country of residence

Permit issued to victim of human

trafficking

Human trafficking case investigation

concluded

Human trafficker/s acquitted

Human trafficker/s convicted

Figure 1Process Flow Overview for Human Trafficking MattersProcess Flow: Victims Trafficked in South AfricaFigure 1 below shows the process flow for handling victims identified within South Africa.

Figure 2 Below shows the process flow from identification of a South African victim to returning of the victim to South Africa.

Reporthuman

trafficking case

Victim

Country LawEnforcement

Agency

Refervictim to

temporary accommodation

InternationalRelations &

Coop

Prepare travel documents to return victim to South Africa


Coop

Home Affairs

Repatriatevictim of human

trafficking to South Africa


Coop

Investigate human

trafficking case

SAPS

DPCI

Prosecutehuman

trafficking case

NPA

Implementation date of Act

Prosecute compensation order matter

NPA

Human trafficking

case reported

Temporary shelter provided

to victim

Provide health care and food for victim of

human trafficking


Coop

Social services provided to victim of human trafficking

Compensation order granted

Human trafficking case

recorded

Victim of human trafficking returned to country of residence

Human trafficking case investigation

concluded

Human trafficker/s acquitted

Human trafficker/s convicted

Verifyvictim's country

of residence


Coop

Home Affairs

Victim is South African

resident

Temporary travel documents

arranged for victimRecord human trafficking case


Coop


recorded

Report human trafficking case

to SAPS


Coop


opened

TIP Bill Provisions

Output State of Readiness Time Frame

Budget

Minister • National Directives/National Instructions (section 38)

• National Policy Framework (section 39)

• Submission of Annual Report to Parliament (section 42)

• Publish Regulations where necessary (43(4))

• Inter-Departmental plan developed and circulated to the departments includes the drafting of National Directives and the NPF

• After promulgation of the legislation.

• Necessity to be considered as part of the Inter-departmental plan

• November 2010

Draft Costing Report

DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT (DOJ&CD)

Section in the TIP Bill Output State of Readiness Time- Frame

Budget

• Director – General (section 40)

• Chair and coordinate the Inter-Sectoral Committee on the Prevention and Combating of Trafficking in Persons B

• Inter-Departmental team (an operational team) held consultative working sessions in preparation of the finalisation of the TIP Bill

• Developed matrix for

departmental plans in

preparation of the

promulgation of the TIP

Bill into law.

• A draft Inter-

Departmental Plan was

circulated to the

departments for input

• Presentation of TIP Bill to Head

of Communications and the

Public Education And

Communications unit.

•August & October 2010

Section in the TIP Bill Output State of Readiness Time- Frame

Budget

• Director – General (section 40)

• Chair and coordinate the Inter-Sectoral Committee on the Prevention and Combating of Trafficking in Persons B

• Next Steps

• Regional Office Training

• Presentation to Justice

College

• Meetings with the

Judiciary

•August & October 2010

Department of Social Development:

Minister RegulationsMake regulations on how to deal with trafficking matters

In process to develop the regulations in partnership with DSD Legal Services

Consultative process till August 2010

There is no budget for this financial year 2010/11

Accreditation systemPrescribe system of accreditation of organizations

Form part of regulations Consultative process till August 2010


FundingPrescribe circumstances in which accredited organizations qualify for funding

Part of regulations Consultative process till August 2010


Certificate of AccreditationIssue certificate of accreditation to qualifying organizations

Part of regulations Consultative process till August 2010


Quality AssuranceConduct quality assurance process on accredited organization

Part of regulations Consultative process August 2010


Section in the TIP Bill

Output State of Readiness Time-Frame

Budget

DEPARTMENT OF SOCIAL DEVELOPMENT

RegulationsConduct quality assurance process on accredited organization

Consultative process August 2010 2010/11 There is no budget for this financial year

RegulationsReport of (accredited/removed)Organizations

Consultative processes attended August 2010 There is no budget for this financial year

Minimum Norms and Standards: accredited organisations

Consultations on minimum norms and standards for accredited organizations with Ministers: Monitoring and Evaluation, Basic Education, Finance.

- -


Output State of Readiness Time-Frame Budget



D-G ; National and Provincial Roles

Director – General participation in the Inter-Sectoral Committee on the Prevention and Combating of Trafficking in Persons Bill

After passing of the Bill in Parliament - -

Investigate whether it is safe to return a foreigner who is victim of trafficking to country of origin

ISS is ready to assist

Ongoing Existing resourcesProvide DG Home Affairs with request by victim of trafficking who freely elects to return to country of origin

Repatriation As the need arise Existing resources

Distribute report of accredited organizations or organizations removed from system to role players/NDPP/ National Commissioner of the South African Police

Will form part of regulations August 2011 There is no budget for this financial year 2010/11

Provide annual report to Intersectoral Committee regarding information on victims of trafficking


Authorize adult person at state expense to escort child victim of trafficking to place/country of origin

Child escort Will form part of regulations

August 2011There is no budget for this financial year 2010/11



Training coursesDevelop training courses to ensure functionaries are able to deal trafficking matters

DSD in process to train Government officials on Bill

December 2010 Existing budget

Annual report on status of child victim of trafficking

Submit annual report to Intersectoral Committee on cases of abuse/neglect of child and findings by Children’s Court that child requires care and protection


Open caseReport to police official if suspect on reasonable grounds that child is victim of trafficking

Ready Ongoing Existing budget

Adult victim consentObtain consent from adult victim of trafficking to report matter to police official



Output State of Readiness

Time-Frame Budget

Open caseReport to police official if suspect on reasonable grounds that adult person is victim of trafficking


Process child trafficking victim

Receive child victim of trafficking from referral by police


Social worker assessment

Refer child victim of trafficking to designated social worker


Process adult trafficking victimReceive adult victim of trafficking from referral by police


Ensure the safety of the victim Remains a challenge Ongoing There is no budget for this financial year 2010/11

AccommodationTemporarily accommodate the victim pending assessment whether victim of trafficking

Centers in place to accommodate victims

Ongoing Existing budget

Accredited Organization Receive adult victim of trafficking from referral by police

Provide Victim accommodation

Facilitate Victim Safety

Victim Accommodation

13 Organisations have been selected and interim assessment done by the DSD

Victim assessment

Application for trafficking victim certificate

Application for recovery and reflection period

Victim support programmesVictim support plan

Information collectionAnnual report


Output State of Readiness

Time-Frame Budget

Department of International Relations and Co-operation

Minister Provide input on national policy framework

National policy framework

Input provided.

None

Director-General

Member of the Inter-Sectoral Committee

Detail awaited. Not known None

Assess the risk to safety and life of a citizen/permanent resident who is victim of trafficking if returned to RSA

Victim risk assessment

Infrastructure and personnel in place. Some training of front-line staff is required closer to implementation.

Dependent on the legislative process.

None

Facilitate return to RSA of a citizen/permanent resident who is victim of trafficking

Repatriation

Infrastructure and personnel in place but no budgetary provision.

Expectation that Treasury will allocate funds within the MTEF as an outcome of the TIP implementation process.

R 3 857 154 (as reflected in the Second Draft Costing Report

Advise DG Home Affairs on measures to secure reception of a citizen/permanent resident who is victim of trafficking

Repatriation

No impediment exists.

None



Department of Labour

Minister Directives

Submit directives to Parliament on how Labour Inspectors must comply with the Act

Draft directives being developed. Need for consultation with stakeholders as identified in the Bill

- -

Gazette

Publish directives in government gazette

This has not yet been done as the directives need to be finalized first

- -

National policy framework

Provide input on national policy framework

Not applicable as yet - -

Director-General

Member of the Inter-Sectoral Committee Inter-Sectoral Committee not established as yet

- -

Directives

Issue directives on how Labour inspectors must comply with the ActAnnual report

Submit annual report to Inter-Sectoral Committee as determined by the CommitteeTraining course

Develop training courses to ensure functionaries are able to deal trafficking matters

100 Inspectors trained on IOM training material. In the process of including training material developed by the National Task team under the NPA in the training material for inspectors

End of 2010-2011 financial year

Internal staff and competence utilized

Open case

Report to police official if suspect on reasonable grounds that adult person is victim of trafficking

DEPARTMENT OF LABOUR



Department of Labour

Labour Inspector

Adult victim consent

Obtain consent from adult victim of trafficking to report matter to police official

Open case

Report to police official if suspect on reasonable grounds that adult person is victim of trafficking

South African Police Service

Minister National policy framework

Provide input on national policy

framework

National Commissioner of Police

Member of the Inter-Sectoral Committee

Directives/

Instructions

Issue national directives and

instructions to police officials on how to

deal with trafficking cases

Related directives in terms of existing legislation have been issued and are being followed (eg National Instruction 3 of 2010 on the Care and Protection of Children in terms of the Children’s Act and National Instruction 3 of 2008 on Sexual Offences).

In the process of consulting with

stakeholders to develop a

National Instruction on TIP.

After the Bill is enacted.



Prepare annual report for Inter-Sectoral Committee regarding the collection and analysis of information on reported cases of trafficking.

Information on reported cases of trafficking in persons in terms of existing legislation is collected and analysed (for Crime intelligence purposes). As soon as the Bill is enacted Crime definitions will be placed on CAS, which will provide accurate information on TIP.

Training Courses: To receive and distribute report of accredited organizations or organizations removed from system to role players in SAPS

Training workshops are being presented to police members on existing legislation (especially front line officers at Ports of entry and Organized Crime).

Training module on TIP Presented during Organized Crime Investigators Course (since 2007, 341 Organized Crime Investigators trained).

Training Material for Basic Training will be reviewed once the TIP Legislation has been enacted.



Police Officer Referral of Child Victim: Refer Child Victim of trafficking within 24 hours of report to designated child protection organization or provincial department of social development.

Currently performed in terms of Chapter 18 of the Children’s Act, 2005. Referred to designated social worker in terms of National Instruction 3 of 2010: The Care and Protection of Children in terms of the Children’s Act.

After the Bill has been enacted and the particulars of designated child protection organizations and provincial department of social development has been received.

Referral of Adult Victim: Refer adult victim of trafficking within 24 hours of report to accredited organization / provincial department of social development.

Consultations are held with relevant stakeholders to establish good working arrangements.

After the bill has been enacted.

Register Case Docket Cases are currently registered on CAS in terms of existing legislation. Crimes in terms of TIP must be added. Case dockets are compiled in terms of existing directives.

After the bill has been enacted

Case Investigation : Dedicated Human Trafficking desk established within the DPCI to coordinate all TIP activities on National level. Dedicated provincial human trafficking coordinators and task teams established. FCS unit investigates the trafficking in children and sexual trafficking. Operations to address suspected human trafficking at major brothels and hotspots are ongoing.

After the bill has been enacted

Challenges and Way-Forward:

Different role players have initiated processes which preceded the finalization of the draft Prevention and Combating of Trafficking in Persons Bill. As part of the preparatory interventions, there will be a need to align structures, interventions and processes that are already in place.

The DoJ&CD will forward formal letters to the Director-Generals of the Departments which still have to submit their state of readiness reports to submit such as part of the preparatory working sessions and monitoring the “State of Readiness Reports”.

There is a need to support the establishment of intra-departmental plans to ensure that all internal units that will be responsible for the implementation of the legislation understand the roles and the responsibilities of the respective departments.

Draft Costing of the TIP Bill

Impacted Department

Department Costed (Yes/No)

Justice and Constitutional Development Yes

National Prosecuting Authority Yes

Dept of Social Development Yes

Dept of Home Affairs Yes

South African Police Services Yes

Dept of Labour Yes

Dept of International Relations Yes

Education No

Health No

State Security (National Intelligence) No

Government Communication Information System (GCIS) No

Estimated Volumes

• 301 human trafficking cases reported to the International Organisation for Migration (IOM – a non-governmental organisation) between January 2004 and June 2009

• Average of 54 cases per year• 10% used as an increment to the 54 resulting in estimated 60 human trafficking cases per year

• 60 human trafficking cases split according to:o Internal trafficking - 33%o Trafficking of South Africans to other countries - 33%o Residents of other countries trafficked to South Africa - 34%

Additional Human Resource Requirements

Department Resource Level Quantity

Justice and Constitutional Development

Deputy Director: National Human Trafficking System - National Stats Collation, Reporting and Ministerial Support

Deputy Director: Human Trafficking Policy Specialist / Regulator

Inter -ministerial Committee Secretary– Adhoc Consultant outsourced

12

12

-

1

1

1

Social Development Deputy Director: Accreditation of organisations and shelters

Assistant Director: Data Analyst: - Maintenance of database of shelters

12

10

1

1

Additional Training Requirements

Department Training Intervention Training Content Staff to be

Trained


Classroom Training Upgrade Existing Material

2,029

National Prosecuting Authority


3,035

Social Development Train-the-trainer Upgrade Existing Material

14,000

Home Affairs Train-the-trainer Upgrade Existing Material

728

Police (South African Police Service)


17,547

International Relations Classroom Training Upgrade Existing Material

N/A

Labour Awareness Circular Upgrade Existing Material

N/A

Health Awareness Circular N/A N/A

Education Awareness Circular N/A N/A

Other Additional Requirements: DoJ

Department IT Systems Department Specific Placing of

Posters


• New Integrated System for Human Trafficking

• Design and issue policy

• Train staff

• Manage Inter-sectoral committee

• Consolidated Human Trafficking reports

• Human Trafficking public awareness campaign

• Human Trafficking awareness material (collateral / circulars, etc)

•Courts•Offices

Other Additional Requirements: NPA

Department IT Systems Department Specific Placing of

Posters

National Prosecuting Authority

•Upgrade Prosecutors Case Management System

•Upgrade Prosecutors Case Reporting System

• Update existing training material

•Train prosecutors

• Issue circulars and directives

•Offices

Other Additional Requirements: Social Dev.

Department IT Systems Department Specific Placing of Posters

Social Development

•Upgrade M&E system to cater for Human Trafficking

•Upgrade M&E system for reporting on Human Trafficking

• Update existing training programme; Train trainers & staff

•Issue circulars

•Design accreditation process, forms, certificates

•Create awareness in own office structures

•Care for victims; transport victims

•Report on human trafficking

•Offices•Service Centres

Other Additional Requirements: Home Affairs


Home Affairs •Upgrade IT System to Issue Certificates as victim of Human Trafficking

• Train immigration officers on new requirements

•Design and issue human trafficking certificate

• Repatriation of victims

•Issue circulars

•Ports of Entry

•Service Centres

•Offices

Other Additional Requirements: SAPS


South African Police Services

•Add Human Trafficking to Case Management System

•Upgrade reporting to cater for Human Trafficking

•Upgrade Police Station system to display list of accredited shelters

•Update training programme & train relevant officers

•Issue circulars

•Distribute public awareness material to all police stations

•Police Stations

Other Additional Requirements: Int Relations


International Relations

• Upgrade reporting system to cater for reports on Human Trafficking

•Create awareness at Foreign Missions

•Care of victims of human trafficking ready for repatriation

•Repatriate victims

•Foreign offices

Other Additional Requirements: Other Depts.

Department IT Systems

Department Specific Placing of Posters

Dept. of Health • N/A • Update existing training material• Issue circulars and material for public

awareness campaign

•Hospitals

•Offices

Dept of Education

• N/A • Distribute posters to schools• Issue circulars to staff

• Schools•Offices

Dept of Labour • N/A • Update Existing Training Programme• Train all Labour Inspectors• Issue circulars

•Offices

Dept of Traditional Affairs

• N/A • Issue circulars •Offices

General Approach

1. Costs estimates are determined on an incremental basis

1. Costs are determined ONLY for department impacted by the proposed Bill

1. The costs are driven by the structural requirements for each department as it is impacted by the Bill

1. Volumes include eg. Number of victims, number of trainees X cost per item are taken into account as appropriate

General Assumptions

1. The Inter-sectoral committee will be supported from the Chief Directorate: Promotion of Rights of Vulnerable Groups

1. Training required is extensive: use of DoJ (IOM) developed training material (adapted where needed), venues, trainees, travel costs apply

1. Public awareness campaigns required; main portion for DoJ’s account

1. Human resources costs are driven from the proposed people additions to departmental structures

1. Inflation rates applied for MTEF is per DoJ: Yr 1 =6%; Yr2 =5.5% and Yr 3=5%

1. Costs applied to quantities obtained from various sources

Overall cost summary

DepartmentCost of

Implementation (Start up & MTEF)

Implementation Costs in %

Department of Justice and Constitutional Development 26,719,456R 34.9%

National Prosecuting Authority 9,426,476R 12.3%

Department of Police Services 11,701,962R 15.3%

Department of Social Development 18,619,659R 24.3%

Department of Home Affairs 6,007,480R 7.9%

Department of International Relations 3,857,154R 5.0%

Department of Labour 174,430R 0.2%

Total Costs of Implimentation 76,506,617R 100.0%

Departmental Costs: DoJ

Department of Justice and Constitutional Development 26,719,456R Legislative Gazzetting 488,600R Training and Capacitation 1,179,111R Training: Cordination 4,584,010R Human Capital 3,058,546R Operational Infrastructure Requirements 249,284R TIP Key Direct Departmental Costs -R Public Awareness 17,159,905R

Key aspects:1. Training for judiciary based on estimated number of judges and magistrates.

2. Human capital is for the appointment of additional resources in the department

3. Infrastructure requirements is for IT equipment & database for reporting

4. Public awareness campaign housed in DoJ with various media used.

Departmental Costs: NPA

National Prosecuting Authority 9,426,476R Legislative Gazzetting 48,860R Training and Capacitation 1,763,727R Training: Cordination 7,613,889R

Key aspects:1. Training costs is for prosecutors. Application of same model and assumptions

as that for DoJ

Departmental Costs: Home Affairs

Department of Home Affairs 6,007,480R Legislative Gazzetting 73,290R Training and Capacitation 382,600R Training: Cordination 1,848,614R Human Capital -R Operational Infrastructure Requirements -R TIP Key Direct Departmental Costs > Cost Repatriation from the Republic 3,660,475R > Internal Human Trafficking - Transportation Costs -R > Certificates of Victim of Human Trafficking 42,500R

Key aspects:1. Costs of repatriation based on estimated number of victims to be repatriated from SA to foreign countries incl. flight costs and travel documentation.

2. Home affairs to issue Victim of Human Trafficking certificates upon application.

Departmental Costs: Police

Department of Police Services 11,701,962R Training and Capacitation 10,052,735R Training: Cordination 1,649,227R

Key aspects:1. Primary cost is training of investigation officers

Departmental Costs: Social Development

Department of Social Development 18,619,659R Legislative Gazzetting 518,160R Training and Capacitation 9,193,905R Training: Coordination 1,437,837R Human Capital 2,956,013R TIP Key Direct Department Cos

> Upgrading of shelters 271,000R > Relocation Costs 200,129R > Provision of support for Accredited Shelters 4,042,616R

Key aspects:1. DoJ training adopts the train the trainer model. The training costs includes training of relevant social

development officials to care for victims.2. Human resources cost for accreditation function and data management function3. Limited amount provided for upgrading shelters4. Support for victims at accredited shelters provided at estimated average stay and estimated cost per

day

Departmental Costs: International Relations

Department of International Relations 3,857,154R Human Capital -R TIP Key Direct Department Cos

>Estimated Repartriation Costs 3,857,154R

Key aspects:1. Repatriation cost is for repatriating SA citizens who are victims of human

trafficking in foreign countries back to SA

Departmental Costs: Labour

Department of Labour 174,430R Legislative Gazetting 24,430R Modification of Training Material 150,000R

Key aspects:1. Primary cost is modification of existing training material to cater for human

trafficking

Addendum

Items to be reviewed in light of recent Inter-departmental workshops

1. Repatriation of minors – re-allocation of costs from Home Affairs to Department of Social Development (DSD) – in the region of R264k

1. Practical considerations identifieda) SAPS victim transportation and other costs to be developedb) Victim security costs c) Upgrading of 13 DSD human trafficking designated sheltersd) Increase in Dept of Labour training material and training costse) Human Trafficking Call centre currently operated by NGO; should a

dept take it over and what is the cost; will calls be routed to 10111?

Thank You

Documents

BRIEFING:THE STATE OF READINESS REPORT BY THE ROLE PLAYER DEPARTMENTS PRESENTATION TO THE JUSTICE AND CONSTITUTIONAL DEVELOPMENT PORTFOLIO COMMITTEE