"All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood."
Article 1, Universal Declaration of Human Rights, 1948

This article examines the emerging human rights issue of trafficking in humans, mainly women and children. In a protocol supplementing the United Nations Convention Against Transnational Organized Crime, trafficking has been defined as: "…the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.

Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practises similar to slavery, servitude or the removal of organs."

Statistics about trafficking are unreliable for a number of reasons, including the clandestine nature of the activity. However, rough estimates suggest between 700,000 to 2 million women are trafficked across international borders annually. Adding domestic trafficking would bring the total much higher, to perhaps 4 million persons per year. Although slavery has been abolished from the world, the trade in human misery continues. Women are still considered property in some communities and may be sold into marriage. Men or women may be coerced into working in brothels, sweat shops, construction sites and fields. Many illegal immigrant workers may be subjected to sexual violence, horrific living conditions, threats against their families and dangerous workplaces. The majority of trafficked people are women and girls, most of who, according to experts, are sent from Africa and Eastern Europe for the sex trade in Western Europe. Thus, human trafficking is the fastest growing form of modern day slavery and our governments must play a concerted role to deal with it.

Although the problem is worldwide this paper will examine the problem as it affects Africa in particular.

The Dimensions of the Problem

Human trafficking has become a global business, generating huge profits for traffickers. New trafficking routes are regularly established and the market for fraudulent travel documents, clandestine transportation and border crossing has become increasingly well organised. Some victims are lured into subjugation by advertisements for good jobs. Others are sold into service by a relative, acquaintance or family friend. Traffickers target the most vulnerable and poor and may show up during a drought or before harvest, when food is scarce, to persuade poor families to sell their daughters for small amounts of money. According to a UNICEF study released in April 2004, about 80 percent of African countries researched, practice some form of human trafficking. The study also found that children were the most vulnerable to being exploited. Fifty-three countries were surveyed in this extensive research into the problem of human trafficking in Africa and analysis reported that although it was not possible to get reliable estimates on the actual number of people being trafficked, it continues to be a huge problem. The study found that in almost 89 percent of the cases, trafficking was conducted internally in Africa, meaning trafficking of women and children from African countries to African countries. The study also found that in 34 percent of the cases, there were cases of trafficking to Europe, and more interestingly, 26 percent of African countries were reporting trafficking directly to Middle Eastern and Arab countries. Trafficking is also increasing the HIV/AIDS scourge fuelled by the myth about curative powers of virginity of young girls. In some of the hardest hit countries, teenage girls are infected at five-to six times compared to that of teenage boys. Trafficking in children is a global problem affecting large numbers of children. Some estimates have as many as 1.2 million children being trafficked every year.[i] There is demand for trafficked children as cheap labour or for sexual exploitation. Children and their families are often unaware of the dangers of trafficking, believing that better employment and lives lie in other countries.

Root Causes and reasons for Trafficking in human beings

- Poverty and inequity are believed to be the root causes of trafficking;
- Conflict situations are a fertile environment for human trafficking;
- Gender discrimination within the family and the larger community, as well as a tolerance of violence against women and children, also come into play;
- Lack of appropriate legislation and political will to address the problem;
- Restrictive immigration policies;
- Globalisation of the sex industry; and
- The involvement of transnational organised crime networks is another causal factor.

The situation in Africa- A scan

In Africa, every country represents a different problem. Patterns of instability, oppression and discrimination may place women and children at greater risk, with social and cultural prejudices and the prevalence of gender violence presenting additional challenges to their effective protection from trafficking. The links between poverty, violence and trafficking have been compounded by the effects of HIV/AIDS. For many Africans trapped in the trade, it can be difficult to escape the clutches of traffickers. Often the victims' families boost their low income by tacitly cooperating with traffickers, which some see as the only option for leaving their countries and the accompanying problems. The only way out they have is to move, and since it is illegal in many instances to enter another border without proper authorisation, the only option they have is to go through trafficking patterns.

Trafficking is perceived as a particular problem among West and Central African countries, mainly because most of the countries in the region are origin countries.[ii] In West Africa, victims originating from war torn Ivory Coast, Liberia and Sierra Leone, end up in Nigeria and Gabon, while individuals from countries such as Kenya, Uganda, Tanzania, Mozambique, Zambia, and Angola are taken to South Africa, one of the only countries with an anti trafficking programme. African governments have not ratified much in terms of international conventions. The laws are inadequate so that while traffickers are usually apprehended, they are rarely condemned. For example, in Benin there is no anti-trafficking law but the country does have decrees, issued in 1905 and 1920, which address international and transnational trafficking. A 1961 law addresses the movement of minors under the age of 18 across borders and a 1973 ordinance modified the penal code 'sur la traite des personnes et l'enlèvement des mineurs.' In Burkina Faso, trafficking is a serious problem due its geographical location at the centre of Africa. It has become a transit country that receives people from different parts of the continent. Burkina Faso subscribes to the definition of trafficking in the UN Trafficking Protocol. Cote D'ivoire is a country of destination, transit and origin. However, there is still no law expressly forbidding trafficking. Due to the political crisis in the country authorities have not been able to pay sufficient attention to human trafficking. Many African governments are yet to ratify the main international conventions outlawing the trade in humans. African countries need to increase efforts and work in close cooperation with one another to eradicate trafficking in humans. South Africa has become a major centre for the problem-simultaneously a destination, a trading point and a source of human sale. Human trafficking in South Africa is currently dealt with under a variety of laws such as those against kidnapping and prostitution, which government agencies say have proved inadequate in dealing with the crime. A new law to specifically criminalize trafficking for sexual purposes is currently being prepared for consideration by legislators. As recently as August 2004, Home Affairs Ministers from Southern African Countries meeting in Tanzania, ordered law enforcements in the region to intensify measures against human trafficking. The ministers also pledged to review legislation in their respective countries to ease the transfer of evidence for criminal prosecution of suspects.

UN and African Protocols

The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and Children, supplementing the United Nations Convention against Transnational Organized Crime was adopted on 15 November 2000 by resolution A/RES/55/25 and came into force on 25 December 2003. Although the majority of African countries have signed the original protocol, (Transnational Organized Crime), those that have ratified it as of 18 September 2004 include, Algeria, Benin, Botswana, Burkina Faso, Egypt, Gambia, Lesotho, Mali, Namibia, Nigeria, Rwanda, Senegal, South Africa but with reservations, and Tunisia. Countries such as Kenya, Malawi, Sudan, and Zimbabwe, to mention but a few have not even signed the Protocol. Out of fifty-three African countries, the figure is dismal indeed.

At the Africa level, African governments have their own Protocol on the Rights of Women that is in African Women's eyes, the most wide-ranging and woman-friendly protocol ever adopted by African governments. The Protocol guarantees a wide range of women's civil and political rights as well as economic, social and cultural rights, thus reaffirming the universality, indivisibility and interdependency of all internationally recognized human rights of women. These rights include the right to life, integrity and security of person, protection from harmful traditional practises, prohibition of discrimination and the protection of women in armed conflict. Moreover, the Protocol guarantees the right to health and reproductive rights of women; access to justices; equal protection before the law, and prohibits exploitation or degradation of women. In sum, the Protocol obligates state parties to integrate gender perspectives in their policy decisions, legislation, development plans and to ensure the overall well being of women. African governments have to push for the ratification of the Protocol by the end of 2004. So far, ratification of the Protocol which was made by the AU Assembly in 2003 at its 2nd Summit in Maputo, Mozambique is a far cry from the commitments to achieve a speedy and regional wide ratification and thus remains largely unfulfilled.

The Protocol is an important tool relevant to everyday lives of women and would enable women to bring their concerns to the attention of regional human rights bodies such as the African Court of Human and People's Rights.

From the above, it is noted with concern that governments in Africa are not giving the issue of trafficking in human beings the priority that it deserves. Now that the Protocol has been adopted, African governments should show their commitment to ending discrimination and violence against women and the issue of trafficking in women and children, (italics mine) by ensuring a speedy and full ratification to pave the way for a prompt entry into force of the instrument, and its effective implementation (Amnesty international).

It is strongly recommended that:

- Governments Ratify the Protocol on the Rights of Women in Africa without further delay and without reservations.
- Implement the protocol by reviewing all national laws, policies, practises and procedures to ensure that they meet the obligations set out in the Protocol. States parties should incorporate the rights enshrined in the Protocol into their domestic legislation and take all necessary measures to implement the instruments in good faith
- Ratify all other regional and international human rights instruments essential for the effective promotion and protection of women's human rights in Africa and examining any limiting reservations, with a view to withdrawing them. This is particularly important in the case of the Convention on the Elimination of All Forms of Discrimination against Women, (CEDAW), where the commitment of many governments is seriously undermined by the extent of their reservations.
- Ensure the provision of specialised assistance for the support, rehabilitation and compensation for women whose rights have been violated under the Protocol;
- Train and sensitise judicial and police officials with regards to women's human rights recognised under the Protocol and other relevant instruments.
- Anti trafficking efforts across the continent must be strengthened by enacting tough laws and by punishing those responsible for trading in human beings.

If fully ratified and implemented, the Protocol on the Rights of Women could become an important framework for ending impunity for all attacks on human rights of women in Africa. The member states of the African Union made a commitment to sign and ratify the protocol by the end of 2004. We urge them to fully adhere to this commitment. It is not too late!!!!!

Marren Akatsa-Bukachi is Executive Director of Eastern African Subregional Support Initiative for the Advancement of Women (EASSI), Kampala, Uganda

NOTES
i. material from UNICEF
ii. Adapted from 'Patterns, root causes and policy responses to trafficking in women and children'. Africa;