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Effective Response to Human Trafficking in South Africa: Law as a Toothless Bulldog

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  • Paul Oluwatosin Bello
  • Adewale A. Olutola

Abstract

Humanitarian concerns owing to the dreadfulness and impact of human trafficking prompted several stakeholders under the umbrella of the United Nations (UN) to approve legal measures to criminalize this menace. Several states that are parties to the UN anti-trafficking protocols and conventions have domesticated some of the provisions of these regulations by enacting comprehensive laws that criminalize the various components of human trafficking. Unfortunately, this approach has not brought about any significant reduction in the crime. This article adopted a qualitative approach and drew from the findings of a broader doctoral study. It evaluates the efficacy of current South African anti-trafficking legislation in the fight against human trafficking in the country. Findings indicate, among others, that anti-trafficking legislation is at best a stop-gap strategy in combating the crime, and not all-encompassing. It concludes that an effective response to human trafficking transcends the enactment of laws. Moreover, laws do not thrive in a vacuum, but rely on a range of factors, particularly the political will to address the underlying causes of a crime, and effective law enforcement capacity.

Suggested Citation

  • Paul Oluwatosin Bello & Adewale A. Olutola, 2022. "Effective Response to Human Trafficking in South Africa: Law as a Toothless Bulldog," SAGE Open, , vol. 12(1), pages 21582440211, January.
    • Handle: RePEc:sae:sagope:v:12:y:2022:i:1:p:21582440211069379
    DOI: 10.1177/21582440211069379
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    References listed on IDEAS

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    1. Farrell, Amy & Fahy, Stephanie, 2009. "The problem of human trafficking in the U.S.: Public frames and policy responses," Journal of Criminal Justice, Elsevier, vol. 37(6), pages 617-626, November.
    2. David Francis & Edward Webster, 2019. "Inequality in South Africa," Development Southern Africa, Taylor & Francis Journals, vol. 36(6), pages 733-734, November.
    3. David Francis & Edward Webster, 2019. "Poverty and inequality in South Africa: critical reflections," Development Southern Africa, Taylor & Francis Journals, vol. 36(6), pages 788-802, November.
    4. Chandré Gould, 2014. "Sex Trafficking and Prostitution in South Africa," The ANNALS of the American Academy of Political and Social Science, , vol. 653(1), pages 183-201, May.
    5. Geoffrey E. Schneider, 2018. "The Post-Apartheid Development Debacle in South Africa: How Mainstream Economics and the Vested Interests Preserved Apartheid Economic Structures," Journal of Economic Issues, Taylor & Francis Journals, vol. 52(2), pages 306-322, April.
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    1. Byung-Deuk Woo, 2022. "The Impacts of Gender-Related Factors on the Adoption of Anti-Human Trafficking Laws in Sub-Saharan African Countries," SAGE Open, , vol. 12(2), pages 21582440221, May.

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