The victims of human trafficking and the legal remedy issue

Abstract: The trafficking of human beings has become a global phenomenon and supply factors such as political conflict, natural disasters, the demand for sex and under-aged sex, poverty and vulnerability, lack of awareness and education, food insecurity, lack of employment opportunities, cultural perceptions, the displacement of people and other variables have contributed to the vast escalation of this problem. According to the Global Slavery Index, approximately 45 million people are currently enslaved and with an annual market value of USD 150,2 million, human trafficking has become a focal point of transnational organized crime groups due to its “high profit – low risk” nature. Drugs can be sold only once whereas humans can be “recycled” for various purposes. Trafficking of persons takes place in various regions of the world and in the context of globalisation and the flow of people across borders, states and other international role players face various challenges in the pursuit against trafficking. Effective prosecution of perpetrators form an essential part of addressing the problem of human trafficking and it is imperative that effective anti-trafficking domestic legal instruments be implemented by states, in accordance with the core values of the Palermo Protocol, covering all forms of trafficking, and providing remedies for trafficking victims. A comprehensive approach should be followed to address this problem and cooperation between not only states but also civil society role players and governments are essential in the pursuit against trafficking in persons. Creating global awareness, eradicating poverty, the identification of victims and potential victims and recognising potential future factors are paramount. Cybercrime, one of the fastest growing areas of crime, has become a significant threat. Transnational organized crime structures use advanced forms of technology to recruit victims and facilitate trafficking globally. South Africa also fell victim to international organized crime and human trafficking due to insufficient border controls, corruption, the cultural use of “placement” of children, the recruitment of boys and men for forced labour and women for the sex industry, the demand for body parts used in traditional healing, the lack of efficient anti-trafficking legislation and children left vulnerable in child headed households due to HIV and AIDS, to name but a few. The Prevention of Trafficking in Persons Act (PACOTIP Act) was only enacted on 9 August 2015 and prosecutors had to make use of a patchwork of legislation for trafficking prosecutions until very recently. The PACOTIP...LL.M. (International Law