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Joel Tsvakwi

Child rights specialists and anti-human trafficking experts say Zimbabwe should align the 2014 Trafficking in Persons Act to curb the growing trend of child labour trafficking in the Southern African Region.

According to the United Nations Office on Drugs and Crime (UNODC), human trafficking in general and child labour trafficking, in particular, are a lucrative billion dollar thriving industry with an estimated profit of over US$10 billion per annum.

Globally, it is estimated that over 12 million children are facing modern day slavery, with three million facing forced labour and nine million facing forced marriages and sexual exploitation.

The UNODC 2024 global report on human trafficking detected victims up 25 percent as more children are being exploited and forced labour cases spike.

Child trafficking is also on the rise in high income countries, often involving girls trafficked for sexual exploitation.
“As conflicts, climate-induced disasters and global crises exacerbate vulnerabilities worldwide, we are seeing a resurgence of detected victims of human trafficking, particularly children who now account for 38 percent of detected victims,” said UNODC Executive Director Ms Ghada Waly.

“Criminals are increasingly trafficking people into forced labour, including to coerce them into running sophisticated online scams and cyberfraud, while women and girls face the risk of sexual exploitation and gender-based violence.

“We need to step up criminal justice responses to hold those at the top of the criminal chain accountable, work across borders to rescue victims and ensure survivors receive the support they need,” she added.

The 2024 Global Report features a special chapter on Africa, a region that has often been neglected in trafficking studies due to the difficulties in obtaining data.

According to the report, detected African victims account for the highest number of destinations reached. In total, at least 162 different nationalities were trafficked to 128 different countries of destination in 2022. Of the cross-border flows detected, 31 percent involve citizens of African countries.

“Most African victims are trafficked within the continent, where displacement, insecurity and climate change are exacerbating vulnerabilities. Children are more frequently detected than adult trafficking in most parts of the continent, particularly for forced labour, sexual exploitation and forced begging. A contributing factor to the global rise in child victims detected is the overall increase of the number of cases detected in Sub-Saharan Africa.”

Child trafficking for forced labour and forced criminality are rising as poverty, conflict and climate change leave more people vulnerable to exploitation, according to the 2024 Global Report on Trafficking in Persons.
Child rights lawyer and human trafficking expert Mr Zororai Nkomo said although Zimbabwe ratified the United Nations (UN) protocol that aims to prevent, suppress, and punish human trafficking, especially of women and children, which is commonly known as the Palermo Protocol, there are still existing legal gaps which make it difficult for the country to combat child labour trafficking.

“The main reason why Zimbabwe crafted the 2014 Trafficking in Persons Act was to deal with the growing problem of human trafficking.

“Although this was a great legal development in fighting modern-day slavery, the Act does not sufficiently protect children from trafficking, especially child labour trafficking,” Mr Nkomo said.

He added: “The Act does not define child trafficking unlike what is provided in the Palermo Protocol which the Act purports to domesticate. Failure to define child trafficking poses a challenge on the legal response to forms of trafficking such as child labour trafficking which are rampant in Southern Africa.”

Mr Nkomo said the way the Trafficking in Persons Act was crafted failed to address acts of trafficking happening in communities because the current legislation conceptualises human trafficking as a movement-based crime.
“This is very worrisome in that it defines human trafficking as a movement-based offence, which is a bit problematic to prosecute perpetrators.

“Child trafficking can happen within our communities even if there is no movement. Trafficking is the use of force, threat or any form of misrepresentation or fraud to exploit another human being.

“It’s a crime which can happen even in the absence of movement. In our agriculture and mining sectors, there are a lot of young people who are being exploited for cheap labour and sexual exploitation. Such situations are not only unique to Zimbabwe but to many African countries,’’ Mr Nkomo said.

He said the legislature can draw inspiration from South Africa and Kenya on how to craft trafficking legislation to curb child labour trafficking.

“As a nation, we can learn from South Africa on how to make laws which protect our children from human trafficking. Although they are grappling with trafficking, South Africa and Kenya crafted their legislation in a manner which protects children.

“For example, both countries define child trafficking unlike our current Trafficking in Persons Act, and both jurisdictions do not only define trafficking as a movement-based crime but a crime which can happen even in the absence of movement,” said Mr Nkomo.

Child rights lawyer and human trafficking expert Mr Zororai Nkomo

He reiterated that Zimbabwe is a Sub-Saharan African country recording a high prevalence of internal unreported cases of child labour trafficking.

“Children are exploited through labour trafficking in cattle herding, domestic work, the mining sector and agriculture. Child labour trafficking is rife in the tobacco industry, sugar cane industry, cotton farming sector, and the fishing sector.

“There are several traditional practices which make Zimbabwean girls vulnerable to child labour trafficking through trading for food, money and coercion into forced marriages. Children in Zimbabwe are forced into selling illicit drugs.

“Traffickers target girls and force them into forced commercial sex trafficking as well as forcing them to assist in illegal mining activities,” he said.

He added: “Children are fraudulently promised good jobs in neighbouring countries such as South Africa where they find themselves in sex trafficking and forced labour. Human traffickers in South Africa recruit undocumented children promising them employment where they will find themselves exploited in mines, farms and forced prostitution.”

By adopting the Sustainable Development Goals (SDGs), the international community has committed to ending child labour by 2025 and forced labour and human trafficking by 2030.

According to the latest global estimates,152 million children are in child labour and 25 million adults and children are in forced labour including in global supply chains. To achieve SDG target 8.7, governments, businesses, social partners, the financial sector and civil society must take strong action to address the root causes and determinants of these human rights violations at work.

SDG target 8.7 seeks “to take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour, including recruitment and use of child soldiers and by 2025 end child labour in all its forms.”

Advocate Shamiso Masokovere-Magoko, another trafficking in persons expert echoed Mr Nkomo’s sentiments, adding that legislation is a crucial step, but it’s just one piece of the puzzle in combating child labour trafficking.
“Invest in quality education, especially for children on trafficking, what to look out for and reporting mechanisms. Teach children their rights and how to stay safe.

“Educate communities about trafficking warning signs and how to report suspected communities. Support families economically, address poverty, which is a major driver of child labour trafficking, skills development programmes for communities, and social safety nets, reducing the need to send children to work,” she said.

Advocate Masokovere-Magoko said there is need to invest in specialised units dedicated to investigating trafficking.
“Businesses should implement ethical sourcing practices and utilise technology for identification and tracking like use of hotlines for reporting suspected cases. Implement systems to track missing children and identify victims.
“Engage the media to create powerful campaigns that highlight the issue and inspire action,” she said.