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

2. 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)

3. 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

4. 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

5. 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

6. Workflow Victim of Trafficking Stat e Official s, NGO’s and Individuals South African Police Service (SAPS) Reporting of trafficking matte r Social Development Social Practitioners AccreditedAdult Victim Shelter s Accredited Child ProtectionShelter s Intersectoral Committee Public awareness campaigns Directives/National Instructions/ Directives/Guidelines Victims Information System National Policy Framework Ho me Affa irs NPA: Prosecution Judiciar y Handling of trafficking matte r National Reporting I n t e r n a ti o n al R el a ti o n s Court Process

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

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

9. TIP Bill Provisions OutputState of ReadinessTime 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)

10. Section in the TIP BillOutputState of ReadinessTime- 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

11. Section in the TIP BillOutputState of ReadinessTime- 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

12. Department of Social Development: Minister Regulations Make 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 system Prescribe system of accreditation of organizations Form part of regulations Consultative process till August 2010 There is no budget for this financial year 2010/11 Funding Prescribe circumstances in which accredited organizations qualify for funding Part of regulations Consultative process till August 2010 There is no budget for this financial year 2010/11 Certificate of Accreditation Issue certificate of accreditation to qualifying organizations Part of regulations Consultative process till August 2010 There is no budget for this financial year 2010/11 Quality Assurance Conduct quality assurance process on accredited organization Part of regulationsConsultative process August 2010 There is no budget for this financial year 2010/11 Section in the TIP Bill OutputState of Readiness Time- Frame Budget DEPARTMENT OF SOCIAL DEVELOPMENT

13. Regulations Conduct quality assurance process on accredited organization Consultative process August 2010 2010/11There is no budget for this financial year Regulations Report of (accredited/ removed) Organizations Consultative processes attendedAugust 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. -- Section in the TIP Bill OutputState of Readiness Time-FrameBudget

14. Section in the TIP Bill OutputState of Readiness Time-FrameBudget 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 OngoingExisting resources Provide DG Home Affairs with request by victim of trafficking who freely elects to return to country of origin RepatriationAs the need ariseExisting 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 regulationsAugust 2011There is no budget for this financial year 2010/11 Provide annual report to Intersectoral Committee regarding information on victims of trafficking Will form part of regulationsAugust 2011There is no budget for this financial year 2010/11 Authorize adult person at state expense to escort child victim of trafficking to place/country of origin Child escortWill form part of regulations August 2011 There is no budget for this financial year 2010/11

15. Section in the TIP Bill OutputState of Readiness Time-FrameBudget Training courses Develop training courses to ensure functionaries are able to deal trafficking matters DSD in process to train Government officials on Bill December 2010Existing 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 Will form part of regulationsAugust 2011 There is no budget for this financial year 2010/11 Open case Report to police official if suspect on reasonable grounds that child is victim of trafficking ReadyOngoingExisting budget Adult victim consent Obtain consent from adult victim of trafficking to report matter to police official Will form part of regulationsAugust 2011There is no budget for this financial year 2010/11

16. Section in the TIP Bill OutputState of Readiness Time-FrameBudget Open case Report to police official if suspect on reasonable grounds that adult person is victim of trafficking ReadyOngoingExisting budget Process child trafficking victim Receive child victim of trafficking from referral by police ReadyOngoingExisting budget Social worker assessment Refer child victim of trafficking to designated social worker ReadyOngoingExisting budget Process adult trafficking victim Receive adult victim of trafficking from referral by police ReadyOngoingExisting budget Ensure the safety of the victimRemains a challengeOngoingThere is no budget for this financial year 2010/11 Accommodation Temporarily accommodate the victim pending assessment whether victim of trafficking Centers in place to accommodate victims OngoingExisting budget

17. 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 programmes Victim support plan Information collection Annual report Section in the TIP Bill OutputState of Readiness Time-FrameBudget Department of International Relations and Co- operation MinisterProvide input on national policy framework National policy framework Input provided. None Director- General Member of the Inter-Sectoral Committee Detail awaited.Not knownNone 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

18. Section in the TIP Bill OutputState of Readiness Time-FrameBudget DEPARTMENT OF LABOUR

19. Section in the TIP Bill OutputState of ReadinessTime-FrameBudget 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 MinisterNational policy framework Provide input on national policy framework National Commission er 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.

20. Section in the TIP Bill OutputState of ReadinessTime-FrameBudget 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.

21. Section in the TIP Bill OutputState of ReadinessTime-FrameBudget Police OfficerReferral 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 DocketCases 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

22. 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.

23. Draft Costing of the TIP Bill

24. Impacted Department DepartmentCosted (Yes/No) Justice and Constitutional DevelopmentYes National Prosecuting AuthorityYes Dept of Social DevelopmentYes Dept of Home AffairsYes South African Police ServicesYes Dept of LabourYes Dept of International RelationsYes EducationNo HealthNo State Security (National Intelligence)No Government Communication Information System (GCIS)No

25. 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%

26. Additional Human Resource Requirements DepartmentResourceLevelQuantity 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 - 111111 Social Development Deputy Director: Accreditation of organisations and shelters Assistant Director: Data Analyst: - Maintenance of database of shelters 12 10 1111

27. Additional Training Requirements DepartmentTraining InterventionTraining ContentStaff to be Trained Justice and Constitutional Development Classroom TrainingUpgrade Existing Material 2,029 National Prosecuting Authority Classroom TrainingUpgrade Existing Material 3,035 Social Development Train-the-trainerUpgrade Existing Material 14,000 Home Affairs Train-the-trainerUpgrade Existing Material 728 Police (South African Police Service) Classroom TrainingUpgrade Existing Material 17,547 International Relations Classroom TrainingUpgrade Existing Material N/A Labour Awareness CircularUpgrade Existing Material N/A Health Awareness CircularN/A Education Awareness CircularN/A

28. Other Additional Requirements: DoJ DepartmentIT SystemsDepartment SpecificPlacing of Posters Justice and Constitutional Development 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

29. Other Additional Requirements: NPA DepartmentIT SystemsDepartment SpecificPlacing 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

30. Other Additional Requirements: Social Dev. DepartmentIT SystemsDepartment SpecificPlacing 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

31. Other Additional Requirements: Home Affairs DepartmentIT SystemsDepartment SpecificPlacing of Posters 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

32. Other Additional Requirements: SAPS DepartmentIT SystemsDepartment SpecificPlacing of Posters 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

33. Other Additional Requirements: Int Relations DepartmentIT SystemsDepartment SpecificPlacing of Posters 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

34. Other Additional Requirements: Other Depts. DepartmentIT SystemsDepartment SpecificPlacing 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

35. 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

36. 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

37. Overall cost summary

38. Departmental Costs: DoJ 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.

39. Departmental Costs: NPA Key aspects: 1. Training costs is for prosecutors. Application of same model and assumptions as that for DoJ

40. Departmental Costs: Home Affairs 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.

41. Departmental Costs: Police Key aspects: 1. Primary cost is training of investigation officers

42. Departmental Costs: Social Development 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 function 3. Limited amount provided for upgrading shelters 4. Support for victims at accredited shelters provided at estimated average stay and estimated cost per day

43. Departmental Costs: International Relations Key aspects: 1. Repatriation cost is for repatriating SA citizens who are victims of human trafficking in foreign countries back to SA

44. Departmental Costs: Labour Key aspects: 1. Primary cost is modification of existing training material to cater for human trafficking

45. 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 identified a) SAPS victim transportation and other costs to be developed b) Victim security costs c) Upgrading of 13 DSD human trafficking designated shelters d) Increase in Dept of Labour training material and training costs e) 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?

46. Thank You