Demystifying the ‘movement’ element in the prevention and combating of trafficking in persons
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Date
2024
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University of the Western Cape
Abstract
This study addresses the misconception that human beings have to be 'moved' in order to be trafficked. Many scholars refer to ‘movement’ as a prerequisite for human trafficking to occur. For example, scholars like Rebecca Walker, Elsa Oliveira and Isabel Magaya, appear to be in agreement that human trafficking is an offence which occurs when three minimum conditions exist, namely: (1) the person should have been moved (2) by means of force or coercion and (3) for the express purpose of being exploited. Africa Check, an organisation that inter alia focuses on checking facts to ensure that the public is provided with accurate information regarding important issues, also defines human trafficking and provides that it usually relates to the movement of people, against their will, for purposes of exploitation that is often of a sexual nature. This definition, although it has merit, does not reflect the various other purposes for which persons are often trafficked. It unfortunately, also affirms the requirement of ‘movement’ in relation to human trafficking. This study contends that if the anti-human trafficking units, the national and international courts and the justice system continue to define the heinous offence of human trafficking in this manner, it may result in many victims falling through the cracks. To explain, it is quite common, in South Africa for example, for persons to be exploited in the same manner as those whom the law classifies or regards as victims of human trafficking, but for the fact that they are not moved across provincial, national or international borders.
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Keywords
Human trafficking, Victim, Exploitation, Movement, Transportation, Harbouring, Slavery