Legal Framework
The International Organization for Migration (IOM) carried out research into, the legal treatment of human trafficking in six Southern African countries namely, Malawi, Mozambique, South Africa, Tanzania, Zambia and Zimbabwe. Of these countries, Malawi, South Africa and Zambia have ratified both the UN Organized Crime Convention and the Trafficking Protocol.
Some Relevant International Instruments
- The Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others of 2 December 1949;
- The Protocol to Prevent, Suppress and Punish Trafficking in persons (ODCCP);
Current Legal Treatment of Human Trafficking in SADC Countries
At present, there is no existing regional instrument in Southern Africa concerning the prevention, suppression or punishment of human trafficking, although other instruments, such as the African Charter on Human and Peoples Rights, The African Charter on the Rights and Welfare of the Child, and the Charter of Fundamental Social Rights in SADC (2003) contain many relevant provisions.
Criminalization of Human Trafficking and Smuggling in National Laws
It was discovered that Tanzania is the only country in the survey that has a distinct offence described as "trafficking" in its existing Criminal Code (Sexual Offences Special Provisions Act, 1998).