Gaps in human trafficking bill
While government has been responsive to its international obligations in terms of human trafficking, the November 2017 needs to be tweaked.
Government's efforts to finalise a combating of trafficking in persons law, in line with its stated objective to improve efforts to combat human trafficking in Namibia, is a step in the right direction.
The latest issue of 'Perspectives on Parliament', a regular bulletin by the Democracy project of the Institute of Public Policy (IPPR) noted that “despite its shortcomings, the Bill represents a step forward in fighting human trafficking in Namibia”.
Namibia has, for more than five years, been classified, in human trafficking terms, as a “source and destination country for children, and to a lesser extent women, subjected to forced labour and sex trafficking,” in the annual Trafficking in Person's (TIP) report issued by the United States' Department of State.
The Combatting of Trafficking in Persons Bill is written in line with key requirements set by international bodies, including the TIP report, monitoring Namibia's progress to effectively address human trafficking crimes and support victims.
The IPPR's parliament report stated that the trafficking bill “shows that Namibia is responsive to its international obligations, when it comes to implementing the right laws”.
However, “the future will show if it can live up to these obligations when it comes to protecting victims in reality.”
Some of the issues highlighted in the trafficking bill include the lack of services addressed in the Act, which are more defined, in comparison, in relevant sections of the Child Care and Protection Act.
These include the stipulation that victims of child labour should be provided with education opportunities, or legal employment, if they are old enough at the time of their interaction with authorities.
In addition, the bill states that victims should be provided with housing, but it does not stipulate the additional provisions of access to food, water, clothes and bedding.
The IPPR further cautioned that the bill “will not fix everything. Government still needs to run awareness campaigns so that citizens learn how to spot trafficking when it occurs and how to report it.”
Moreover, the bill should ensure improved coordination between key government role-players and various other institutions and ensure that they “are working in the same direction”.
Training of law enforcement is also needed, and the bill should ensure victim are provided with the “safety and help they need”.
These recommendations are in line with the main recommendations included in the 2017 TIP report.
Namibia was again ranked as a Tier 2 designated country in 2017 last year as it “does not fully meet the minimum standards for the elimination of trafficking”, but has been “making significant efforts to do so.”
The TIP report described government's efforts to protect trafficking victims as “modest”.
Although a number of trafficking cases were launched by government, the TIP report noted that victims were referred to care facilities for assistance “although the government did not report what specific services it provided.”
Further, that no formal written procedures for use by all officials on victim identification and referral to care were in place.
Other recommendations include finalising and implementing a new national action plan to guide anti-trafficking efforts, implementing a unified system for collecting trafficking case data, strengthening coordination among government ministries and increasing efforts to raise awareness, especially in rural areas.
Tabled in November 2017, The Combating of Trafficking in Persons Bill of aims to give effect to the United Nations Protocol to prevent, suppress, criminalise and punish trafficking in persons, especially women and children.
The IPRR's Max Weylandt, who authored Perspective on Parliament, noted that the Child Care and Protection Act provides for the protection of victims of trafficking from prosecution and for the assistance of victims in the wake of the crime.
The Act “has not yet becoming a binding law,” Weylandt added.
JANA-MARI SMITH
The latest issue of 'Perspectives on Parliament', a regular bulletin by the Democracy project of the Institute of Public Policy (IPPR) noted that “despite its shortcomings, the Bill represents a step forward in fighting human trafficking in Namibia”.
Namibia has, for more than five years, been classified, in human trafficking terms, as a “source and destination country for children, and to a lesser extent women, subjected to forced labour and sex trafficking,” in the annual Trafficking in Person's (TIP) report issued by the United States' Department of State.
The Combatting of Trafficking in Persons Bill is written in line with key requirements set by international bodies, including the TIP report, monitoring Namibia's progress to effectively address human trafficking crimes and support victims.
The IPPR's parliament report stated that the trafficking bill “shows that Namibia is responsive to its international obligations, when it comes to implementing the right laws”.
However, “the future will show if it can live up to these obligations when it comes to protecting victims in reality.”
Some of the issues highlighted in the trafficking bill include the lack of services addressed in the Act, which are more defined, in comparison, in relevant sections of the Child Care and Protection Act.
These include the stipulation that victims of child labour should be provided with education opportunities, or legal employment, if they are old enough at the time of their interaction with authorities.
In addition, the bill states that victims should be provided with housing, but it does not stipulate the additional provisions of access to food, water, clothes and bedding.
The IPPR further cautioned that the bill “will not fix everything. Government still needs to run awareness campaigns so that citizens learn how to spot trafficking when it occurs and how to report it.”
Moreover, the bill should ensure improved coordination between key government role-players and various other institutions and ensure that they “are working in the same direction”.
Training of law enforcement is also needed, and the bill should ensure victim are provided with the “safety and help they need”.
These recommendations are in line with the main recommendations included in the 2017 TIP report.
Namibia was again ranked as a Tier 2 designated country in 2017 last year as it “does not fully meet the minimum standards for the elimination of trafficking”, but has been “making significant efforts to do so.”
The TIP report described government's efforts to protect trafficking victims as “modest”.
Although a number of trafficking cases were launched by government, the TIP report noted that victims were referred to care facilities for assistance “although the government did not report what specific services it provided.”
Further, that no formal written procedures for use by all officials on victim identification and referral to care were in place.
Other recommendations include finalising and implementing a new national action plan to guide anti-trafficking efforts, implementing a unified system for collecting trafficking case data, strengthening coordination among government ministries and increasing efforts to raise awareness, especially in rural areas.
Tabled in November 2017, The Combating of Trafficking in Persons Bill of aims to give effect to the United Nations Protocol to prevent, suppress, criminalise and punish trafficking in persons, especially women and children.
The IPRR's Max Weylandt, who authored Perspective on Parliament, noted that the Child Care and Protection Act provides for the protection of victims of trafficking from prosecution and for the assistance of victims in the wake of the crime.
The Act “has not yet becoming a binding law,” Weylandt added.
JANA-MARI SMITH
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