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Literature Review: An Investigation into the Impact on Social Inclusion of High Volume Transport (HVT) Corridors and Potential Solutions to Identifying and Preventing Human Trafficking

Overview

This report presents a literature review and annotated bibliography undertaken as part of the research project: An Investigation into the Impact on Social Inclusion of High Volume Traffic (HVT) Corridors, and Potential Solutions to Identifying and Preventing Human Trafficking. The literature review followed the core principles of a systematic literature review process. The review found that very little is known about the relationship between Trafficking in Persons (TIP) and HVT corridors, other major trade routes and border crossings along these routes. It also found that the role of transport sector operators within the human trafficking process is not well understood. This validates the choice of research topic and confirms the need to strengthen the evidence base on these issues.


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Month Year Contract ref: Crown Agents ref: An Investigation into the Impact on Social Inclusion of High Volume Transport Corridors and Potential Solutions to Identifying and Preventing Human Trafficking LITERATURE REVIEW October 2020 HVT035 – Cardno Emerging Markets (UK) Ltd. This research was funded by UK aid through the Foreign, Commonwealth & Development Office under the High Volume Transport (HVT) Applied Research Programme, managed by IMC Worldwide. The views expressed in this report do not necessarily reflect the UK government’s official policies. Reference No. HVT/035 Lead Organisation/Consultant Cardno Emerging Markets (UK) Ltd. Partner Organisation(s)/ Consultant(s) Transaid, North Star Alliance, Scriptoria Ltd. Title An Investigation into the Impact on Social Inclusion of High Volume Transport (HVT) Corridors and Potential Solutions to Identifying and Preventing Human Trafficking Type of document Project Report Theme Policy Regulation Sub-theme Disability, Gender, Road Safety Author(s) Cathy Green, Sam Clark, Kim van der Weijde, Neil Rettie, James Evans Lead contact Cathy Green Geographical Location(s) Uganda, Tanzania Abstract This report presents a literature review and annotated bibliography undertaken as part of the research project: An Investigation into the Impact on Social Inclusion of High Volume Traffic (HVT) Corridors, and Potential Solutions to Identifying and Preventing Human Trafficking. The literature review followed the core principles of a systematic literature review process. The review found that very little is known about the relationship between Trafficking in Persons (TIP) and HVT corridors, other major trade routes and border crossings along these routes. It also found that the role of transport sector operators within the human trafficking process is not well understood. This validates the choice of research topic and confirms the need to strengthen the evidence base on these issues. Keywords Human trafficking; high volume transport corridors; HVT; social inclusion; Tanzania; Uganda Funding Foreign, Commonwealth & Development Office, UK Acknowledgements The research team is extremely grateful to the government, intergovernmental, civil society, transport sector and private sector stakeholders who have shown such enthusiasm and support for this research. Issue Status Author(s) Reviewed By Approved By Issue Date 1 Draft Cathy Green, Sam Clark, Kim van der Weijde, Neil Rettie James Evans 11/09/2020 2 Final Cathy Green, Sam Clark, Kim van der Weijde, Neil Rettie, James Evans Rabi Thapa, James Evans Dick Komakech 18/09/2020 3 Adjusted Final Cathy Green, Sam Clark, Kim van der Weijde, Neil Rettie, James Evans James Evans, Dick Komakech Dick Komakech 12/11/2020 i LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING CONTENTS Executive Summary ii 1. Introduction and Background 3 1.1 General Introduction 3 1.2 Background to Research 4 2. Approach and Methodology 5 2.1 Overview 5 2.2 Research Objectives 5 2.3 Application of Research 6 2.4 Research Timeline and Phases 6 3. Literature Review 7 3.1 Methodology 7 3.1.1 Documenting the Research Process 7 3.1.2 Database and Other Searches 8 3.1.3 Keyword Searches and Exclusion Criteria 8 3.1.4 Levels of Evidence 10 3.1.5 Search and Classification Results 11 3.1.6 Annotated Bibliography 12 3.2 Literature Review Findings 12 3.2.1 Introduction 12 3.2.2 Definitions 12 3.2.3 Human Trafficking Context 14 3.2.4 Legislative Context 20 3.2.5 Role of Transport in Human Trafficking 27 3.2.6 Human Trafficking and COVID-19 32 4. Conclusion 34 4.1 Overview 34 4.2 Gaps in the Literature 34 APPENDICES Appendix A: Annotated bibliography 36 Appendix B: References 82 TABLES Table 1: HVT Research Programme Priority and Domain 3 Table 2 – Key Research Questions 5 Table 3 – Search Terms 9 Table 4 – Level of Evidence Classification 11 Table 5 – Three Elements of TIP 13 Table 6 – Trafficking Routes to, from and within Tanzania 17 Table 7 – Trafficking Routes to, from and within Uganda 20 ii LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING FIGURES Figure 1 – Comparison of Official and Estimated Data on Human Trafficking in Uganda and Tanzania .............. 4 Figure 2 – Research Timeline and Phases.............................................................................................................. 7 Figure 3 – Document Screening Process and Results.......................................................................................... 11 ACRONYMS AU African Union CEDAW Convention on Elimination of all Forms of Discrimination against Women COPTIP Coordination Office for Prevention of Trafficking in Persons CSO Civil Society Organisation DRC Democratic Republic of the Congo EAC East African Community ECOWAS Economic Community of West African States ECPAT End Child Prostitution and Trafficking EU European Union FCDO Foreign, Commonwealth & Development Office GDP Gross Domestic Product GDPR General Data Protection Regulation HGV Heavy Goods Vehicle HVT High Volume Transport ICBT Informal Cross Border Trade ILO International Labour Organization IMC IMC Worldwide Ltd IOM International Organization for Migration IRB Institutional Review Board LRA Lord’s Resistance Army M&E Monitoring and Evaluation NGO Non-Governmental Organisation iii LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING PMU Programme Management Unit PRISMA Preferred Reporting Items for Systematic Reviews and Meta-Analyses PSV Public Service Vehicle QMS Quality Management System SADC Southern African Development Community SDG Sustainable Development Goal SSA Sub-Saharan Africa TAT Truckers Against Trafficking TIP Trafficking in Persons TSh Tanzania Shilling UAE United Arab Emirates UCATIP Uganda Coalition Against Trafficking in Persons UK United Kingdom UNHCR United Nations High Commissioner for Refugees UNICEF United Nations Children’s Fund UNODC United Nations Office on Drugs and Crime US United States USh Ugandan Shilling UTAFITI Tanzania National Scientific Research Council 1 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING EXECUTIVE SUMMARY This report presents a literature review undertaken as part of the research project entitled “An Investigation into the Impact on Social Inclusion of High Volume Transport (HVT) Corridors and Potential Solutions to Identifying and Preventing Human Trafficking”. The research is funded by the UK Foreign, Commonwealth & Development Office (FCDO) through the High Volume Transport (HVT) applied research programme (2017– 2023), which is managed by IMC Worldwide Ltd (IMC). The research aims to broaden understanding of the relationship between human trafficking and long-distance transport corridors and cross-border posts in sub-Saharan Africa (SSA), a topic on which little research has been carried out to date. The literature review followed the core principles of a systematic literature review process. Evidence relating to the study’s research questions was located through a database search of academic literature (scholarly peerreviewed articles and books). A keyword search of databases was undertaken and all documents sourced were screened through a review of titles and abstracts. If relevant to the study, the documents were reviewed in detail. A 'level of evidence' classification system was formulated and applied to the identified documents to assess the extent to which the papers offered reliable evidence. The search also focused on policy documents, legislation and grey literature (e.g. project reports, unpublished research reports, internal organisational reports). The latter included documents recommended through the stakeholder consultation process, and targeted searches of the websites of multilateral and other organisations that generate global reports and statistics on human trafficking and HVT corridors. A total of 181 documents were sourced through the formal database searches, via other searches or through contacts. After an initial screening and removal of duplicates, 127 papers were included in the review. The majority of the papers identified provided valuable contextual and other background information for the review. A number of useful policy and legislation-related documents were also identified. A small number of papers directly addressed the relationship between TIP and transport (n=31). Of these, very few addressed the topic substantively. The literature review found that very little is known about the relationship between Trafficking in Persons (TIP) and HVT corridors, other major trade routes and border crossings along these routes. It also confirmed that the role of transport sector operators within the human trafficking process is not well understood. This validates the choice of research topic and confirms the need to strengthen the evidence base on these issues. Gaps in the research that were identified by the literature review include: • The role of transporters as traffickers: how they are recruited, who they work for, what motivates them to facilitate TIP, gains from their involvement, perceived risks, and how they fit within wider networks of traffickers; • The respective roles of long-distance versus short-distance transport operators in facilitating TIP along transport corridors; • Policy makers’ and others’ perspectives on the policy and other changes that could reduce TIP along HVT corridors and whether these changes would shift the problem elsewhere; • The extent to which drivers and other transportation staff who facilitate TIP are acting independently or with the knowledge and compliance of the organisations that employ them; • Perceptions of policy makers on how the transport-related provisions of anti-trafficking legislation can be operationalised in practice; • Understanding of transport sector actors of the transport provisions within the TIP legislation; • The extent to which, and how, the involvement of transport sector operators in TIP is affected by COVID19 and also how COVID-19 is affecting victims’ experiences of the transportation aspects of TIP; • The potential role of transport associations and unions in combatting TIP, and opportunities and constraints, depending on the nature and level of organisation of, and cohesiveness within, the sector; 2 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING • The volume of TIP along long-distance transit routes, and where a pilot intervention could potentially have the greatest impact; • Victims’ experiences of the transit stage of TIP, and the impacts on their health, well-being and security; • Level of awareness of communities along HVT corridors of the scale, process and impact of TIP and whether these communities play a role in facilitating the process. These gaps provide a starting point for the design of the primary research, which comprises the next stage of the research project. 3 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING 1. Introduction and Background 1.1 General Introduction This report presents a literature review undertaken as part of a research project entitled “An Investigation into the Impact on Social Inclusion of High Volume Transport (HVT) Corridors and Potential Solutions to Identifying and Preventing Human Trafficking”. The research is funded by the UK Foreign, Commonwealth & Development Office (FCDO) through the High Volume Transport (HVT) applied research programme (2017–2023), which is managed by IMC Worldwide (IMC). The overarching goal of the HVT research programme is to increase access to affordable transport services, more efficient trade routes, and safer, low-carbon transport in low-income countries in Africa and South Asia. Part 1 of the programme aimed to establish the state of knowledge in four key areas: • Long distance strategic road and rail transport; • Urban transport; • Low-carbon transport; • Gender, inclusion, vulnerable groups and road safety. Part 2 (2019–2023) aims to generate new primary research, with an emphasis on inclusive transport and climate change mitigation and adaptation. Our research is implemented under Part 2 of the HVT research programme. It falls under the ‘policy and regulation’ priority area, fits with an emphasis on long-distance strategic road transport, and addresses issues of inclusion by focusing on a vulnerable group – individuals who are trafficked along major transport routes (Table 1). Table 1: HVT Research Programme Priority and Domain The research project is implemented by a consortium led by Cardno Emerging Markets (UK) Ltd., and includes Transaid, North Star Alliance and Scriptoria. 4 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING 1.2 Background to Research Our research aims to broaden understanding of the relationship between human trafficking (hereinafter referred to as Trafficking in Persons, or TIP) and long-distance transport corridors and cross-border posts in sub-Saharan Africa (SSA), a topic on which little research has been carried out to date. The current high-level policy emphasis on transport as a key driver of economic growth means that it is an opportune time to examine the wider impact of transport corridors on vulnerable groups. Stories of human trafficking are frequently covered by African news sources. However, there are considerable gaps in the literature relating to the unlawful trafficking of people on the continent and reliable statistics are often not readily available due to data collection and reporting challenges. As a result, the number of formally declared cases of trafficking is often a minute proportion of the estimated number of cases. Figure 1, for example, compares official statistics on TIP cases in Tanzania and Uganda with estimates from the Global Slavery Index of 2019.1 Figure 1 – Comparison of Official and Estimated Data on Human Trafficking in Uganda and Tanzania The gap in the TIP evidence base extends to understanding the nature and scale of trafficking along transport corridors. Payments to drivers are thought to incentivise their involvement in TIP, but this issue has been neglected in the literature. Very little is known about which transport sector actors play a role in TIP, whether their involvement is intentional or unintentional, formalised or informal, and where these actors fit within the complex network of individuals and organisations that facilitate TIP. Although our research will not be able to accurately or fully quantify victims of TIP along HVT corridors, it aims to shed light on the severity and demographic of the problem in HVT areas, the role that HVT stakeholders play in these activities, and opportunities to develop effective interventions and policy change that can improve TIP awareness, and identification and support of victims. The research will be implemented in Uganda and Tanzania. These are countries in which our consortium has extensive experience and can draw on existing partnerships. Uganda forms part of the busy Northern Corridor linking Kigali to Mombasa, while the port of Dar es Salaam in Tanzania is the start and end of the Central Corridor which links it with Bujumbura, Burundi. The two HVT corridors offer numerous potential research sites. 5 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING 2. Approach and Methodology 2.1 Overview Our investigation into TIP along HVT corridors is being undertaken as applied research – research that aims to find solutions to everyday problems. Two initial research phases, comprising desk- and field-based research, will inform the design of a pilot intervention that aims to generate new knowledge on potential ways to solve the problem. The pilot intervention will be implemented within an operations research framework so that the results and impact can be measured. All three aspects of the research (desk-based research, field-based primary research and the pilot intervention) will help expand the evidence base on the relationship between TIP and HVT corridors. 2.2 Research Objectives The objectives of the research are as follows: 1. To investigate the role played by HVT corridors in human trafficking in Uganda and Tanzania; 2. To explore some of the factors (primarily transport-related and regulatory) that are contributing to human trafficking along HVT corridors (roads); 3. To assess the level of awareness of human trafficking and its impacts among transport providers, the users of HVT corridors, and the communities through which these routes pass; 4. To identify and recommend pilot innovations that can help recognise and counter human trafficking along HVT corridors. These objectives have generated a number of research questions (Table 2), which will be addressed throughout the various phases of the research. Table 2 – Key Research Questions Research Objectives Key Research Questions • To investigate the role played by HVT corridors in human trafficking in Uganda and Tanzania • How are HVT corridors contributing to TIP in Uganda and Tanzania? • What forms of TIP are facilitated by HVT corridors? At what scale? • Is TIP increasing along HVT corridors? If so, why? • Who are the individuals or groups who are at high risk of being trafficked along HVT corridors? What are their experiences, and how can they be supported? • To explore some of the factors (primarily transport-related and regulatory) that are contributing to human trafficking along HVT corridors (roads); • What are the factors that motivate drivers to participate in TIP? • How do transport actors fit within the networks of human traffickers? • What is the existing anti-trafficking legislation, what does it say about transport, and to what extent is this enforced? What are the obstacles to enforcement? • What is the relationship between COVID-19 and TIP along HVT corridors? 6 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING • To assess the level of awareness of human trafficking and its impacts among transport providers, the users of HVT corridors, and the communities through which these routes pass • What do drivers, the communities located along HVT corridors, and border control and law enforcement officials located along HVT corridors know about TIP and to what extent do they participate in it? • To identify and recommend pilot innovations that can help recognise and counter human trafficking along HVT corridors • What can be done by the transport sector to help prevent TIP, or to reduce or mitigate its effects? • What is the role and capacity of transport sector actors (e.g. transporter associations, driving training schools or transport companies) in enabling compliance with anti-trafficking legislation? • What innovations could prevent or counter the negative impacts of TIP along HVT corridors? 2.3 Application of Research The research project aims to generate new high-quality research, ensure uptake by policy makers, practitioners and development partners, and influence policy and practice. To ensure relevance, potential users of the research will be placed at the centre of the research process. Formal opportunities for engagement, participation and knowledge exchange will be created via a launch event and research strategy consultation event, and via specific dissemination events and activities (including the production of a peerreviewed journal article) towards the end of the project. In addition, we will engage with selected key stakeholders on an ongoing basis to ensure that the research is appropriate and answers key questions that are of concern to policy makers. The anticipated main applications of the research are: • Greater policy attention to the role of the transport sector in combatting TIP; • Increased awareness within the transport industry of the transport provisions of anti-TIP legislation; • Strengthening of national TIP prevention strategies; • Expanding the reach of the research outcomes to other SSA countries that are facing similar TIP challenges. 2.4 Research Timeline and Phases The duration of the research project is 21 months. The project began in late July 2020 and will end in April 2022. The research will be carried out in five phases: inception (eight weeks); research preparation (three months); primary research (seven months); design and implementation of a pilot intervention (six months); and uptake and embedment (three months) (Figure 2). In practice, however, there is some overlap between these phases. 7 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Figure 2 – Research Timeline and Phases This report presents the findings of a literature review undertaken by the project team. The literature review was one of the key deliverables of the research project’s inception phase. This desk-based exercise was carried out from 1st to 30th August 2020. The literature review process involved a structured document search, production of an annotated bibliography and compilation of a literature review report. The literature review methodology, findings, research gaps and implications for the next phase of the research are outlined in Section 3. 3. Literature Review 3.1 Methodology The research team followed the core principles of a systematic literature review process. Evidence relating to the study’s research questions was located through a database search of academic literature (scholarly peerreviewed articles and books). A keyword search of databases was undertaken and all documents sourced were screened through a review of titles and abstracts. If relevant to the study, the documents were reviewed in detail. A 'level of evidence' classification system was formulated and applied to the identified documents to assess the extent to which the papers offered reliable evidence. The search also focused on policy documents, legislation and grey literature (e.g. project reports, unpublished research reports, internal organisational reports). The latter included documents recommended through the stakeholder consultation process, and targeted searches of the websites of multilateral and other organisations that generate global reports and statistics on human trafficking and HVT corridors. 3.1.1 Documenting the Research Process Care was taken to methodically document the literature search and review process to ensure confidence in the thoroughness and exhaustiveness of the literature review. Records were kept of the following: • Databases used; • Keywords used for the database search; • Inclusion and exclusion criteria for searches; • Number of potentially relevant articles identified in the initial search of each database; • Number of articles that were excluded because they were duplicates; • Number of articles that were excluded from the study following an abstract review; • Process used to locate documentation outside the database search; • Number of documents identified via this process; • Number of articles selected for detailed examination in the literature review process. 8 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING 3.1.2 Database and Other Searches EBSCOHost and JSTOR were the two main platforms used for the literature search. Both offer academic and peer-reviewed multidisciplinary content. JSTOR provides online access to academic journals, while EBSCOHost provides access to a variety of subject-specific databases and access to e-books, journals and magazines. The searches undertaken using these platforms were complementary. A focused search of the PubMed database, which provides access to biomedical and life sciences journal literature, was also conducted. The objective of this search was to identify niche contextual information on the health effects of human trafficking, the role of the health sector in identification of victims, and so on. To complement the formal database searches, the search engines Google Scholar and Google were also used to identify peer-reviewed journal articles, books, other published and unpublished reports, news articles and blogs. In addition, the websites of multilateral and other organisations (e.g. non-governmental and civil society organisations) were searched for useful resources. Lastly, published and grey literature was sourced from key contacts working in the transport or anti-human trafficking sectors. 3.1.3 Keyword Searches and Exclusion Criteria Keyword combinations used for the literature search were agreed on prior to the document search. Based on an initial test search in which different keywords and keyword combinations were trialled, the keywords were fine-tuned. The final list of keywords can be found in Table 3. To manage the volume of literature identified in the database search, a number of search parameters were set. For the database search, these were: • Studies less than seven years old (i.e. cut-off of 2013); • Search results based on the first 50 titles; • Studies in English. If the keyword searches yielded more than 50 results, the first 50 results were scanned for relevance. Titles and abstracts were both scanned at this stage, and duplicates excluded. For the searches conducted on Google Scholar and Google, similar keyword combinations were used and the top 50 results were scanned for relevance. Based on the keywords in Table 3, the research team used one keyword from each column. For example, in relation to the first research question – How are HVT corridors contributing to TIP in Uganda and Tanzania? – some of the searches were: • Uganda AND human trafficking AND high volume transport corridors; • Tanzania AND trafficking in people AND freight vehicles; • East Africa AND modern slavery AND commercial freight. The research team focused initially on the two focal countries for the research (i.e. Uganda and Tanzania). However, because limited literature was identified, the research parameters were expanded to include host, transit or destination countries. Reports on other countries were reviewed if they were highly relevant to the research topic. Because of the lack of up-to-date, relevant literature identified, a small number of slightly older texts were scanned for relevance and included in the review. 9 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Table 3 – Search Terms Research Questions Search Term Hierarchy 1 2 3 4 How are HVT corridors contributing to TIP in Uganda and Tanzania? What forms of TIP are facilitated by HVT corridors? At what scale? What are the factors that are influencing an increase in TIP along HVT corridors? Uganda Tanzania East Africa Human trafficking Trafficking in people Modern slavery Illegal freight Illegal passengers Illegal migrants High volume transport corridors/HVT corridors Transport corridors Major transport routes Trunk roads Major trade routes Trade routes Truck/coach/bus drivers Transporter associations Heavy goods vehicles (HGV) Freight vehicles Commercial freight Passenger service vehicles (PSV) Passenger carrying vehicles Migration routes One stop border posts Transportation What do drivers know about TIP and to what extent do they participate in it? What are the factors that motivate drivers to participate in TIP? How do transport actors fit within the networks of human traffickers? Uganda Tanzania East Africa Human trafficking Trafficking in people Modern slavery Illegal freight Illegal passengers Illegal migrants Bus drivers Coach drivers Passenger service vehicle (PSV) drivers Heavy goods vehicle (HGV) drivers Taxi drivers Boda boda drivers Commercial car drivers Knowledge Awareness Incentives Motivation Payment Gifts Financial benefit Trafficking networks Trafficking recruitment What do the communities located along HVT corridors know about TIP and to what extent do they participate in it? What do border control and law enforcement officials know about TIP and to what extent do they participate in it? Uganda Tanzania East Africa Human trafficking Trafficking in people Modern slavery Illegal freight Illegal passengers Illegal migrants Communities Cross border communities Traders Truck stops Police Law enforcement Border control Customs officials Immigration officials Knowledge Awareness Incentives Motivation Payment Gifts Financial benefit Trafficking networks Trafficking recruitment Participation What is the existing antitrafficking legislation, what does it say about transport, and to what extent is this enforced? What are the obstacles to enforcement? What is the role of transporter associations, driving training schools or transport companies in enabling compliance Uganda Tanzania Human trafficking Trafficking in people Illegal freight Illegal passengers Illegal migrants Legislation Regulations Policy Enforcement Compliance Law Bylaw Act Bill Decree Order Transport sector Transporter associations Transport unions Truckers associations Truck drivers associations Bus/coach drivers associations Driver training institutions Cross border trade associations 10 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING 3.1.4 Levels of Evidence The degree of reliability of the evidence generated via the literature search process was classified according to the following five-level classification system in Table 4. with anti-trafficking legislation? Who are the individuals or groups who are at high risk of being trafficked along HVT corridors? What are their experiences, and how can they be supported? East Africa Uganda Tanzania Human trafficking Trafficking in people Illegal freight Illegal passengers Illegal migrants Victims Survivors Vulnerable (groups/people) Target groups Women Girls Children Migrants Asylum seekers Poor people High volume transport corridors/HVT corridors Transport corridors Major transport routes Trunk roads Major trade routes Trade routes Truck/bus/coach drivers Transporter associations Heavy goods vehicles (HGV) Freight vehicles Commercial freight Passenger service vehicles (PSV) Passenger carrying vehicles Migration routes One stop border posts What can be done by the transport sector to help prevent TIP, or to reduce or mitigate its effects? What capacity do transporter associations and other transport sector actors have to help reduce human trafficking? What innovations could help to prevent or counter the negative impacts of TIP along HVT corridors? East Africa Uganda Tanzania Human trafficking Trafficking in people Illegal freight Illegal passengers Illegal migrants Anti-trafficking Prevention Reduction Innovation Interventions Measures Referral services Support services Advocacy Sensitisation Awareness-raising Transport sector Transporter associations Transport unions Truckers associations Truck/bus/coach drivers associations Driver training institutions Cross border trade associations Health services Health providers Civil society organisations/NGOs What is the relationship between COVID-19 and TIP along HVT corridors? Global Uganda Tanzania East Africa Human trafficking Trafficking in people Modern slavery Illegal freight Illegal passengers Illegal migrants COVID-19 Coronavirus High volume transport corridors/HVT corridors Transport corridors Major transport routes Trunk roads Major trade routes Trade routes Truck/coach/bus drivers Transporter associations Heavy goods vehicles (HGV) Freight vehicles Commercial freight Passenger service vehicles (PSV) Passenger carrying vehicles Migration routes One stop border posts 11 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Table 4 – Level of Evidence Classification Level of Evidence Description A Data derived from multiple randomised trials or meta-analyses B Data derived from single randomised trial Data derived from large non-randomised studies C Data derived from small non-randomised studies Retrospective studies Qualitative or descriptive studies D Opinion of experts (e.g. multilateral and bilateral agencies, government bodies) E Opinion and documentation from informal sources (e.g. news reports, blogs) 3.1.5 Search and Classification Results A total of 181 documents were sourced through the formal database searches, via other searches or through contacts. After an initial screening and removal of duplicates, 127 papers were included in the review. The majority of the papers identified provided valuable contextual and other background information for the review. A number of useful policy and legislation-related documents were also identified. A small number of papers directly addressed the relationship between TIP and transport (n=31). Of these, very few addressed the topic substantively. Figure 3 presents the search results. The diagram is based on the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) flow diagram.2 Figure 3 – Document Screening Process and Results The majority of documents sourced during the literature search process fell within the level of evidence categories C to E – in other words, at the lower end of the reliability scale. 12 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING 3.1.6 Annotated Bibliography The documents identified during the literature search process are summarised in an annotated bibliography (Appendix A). The abstracts were divided into four categories: • Reports, articles and news items with a focus (partial or substantive) on transport or transport sector actors; • Legislation and documents providing information on the policy and legislative context to the research; • Documents focused on the relationship between COVID-19 and TIP; • General contextual information relevant to the two research countries and the wider research context. The annotated bibliography formed the basis of the literature review. 3.2 Literature Review Findings 3.2.1 Introduction This section presents the findings of the literature review examining the linkages between HVT corridors, transport providers and human trafficking. As highlighted in Section 3.1.5, a systematic review of the literature identified limited resources on the main research topic. However, useful contextual information on the TIP situation in Tanzania, Uganda and the East Africa region, and on the policy and legislative backdrop to the research, was identified. These findings are presented below. Gaps in the evidence base are highlighted throughout. The remainder of this section is organised as follows: Section 3.2.2 defines some of the key terms used in the literature review; Section 3.2.3 provides an overview of the global human trafficking context and of the situation in East Africa, including Tanzania and Uganda; Section 3.2.4 outlines the policy and legislative backdrop to human trafficking in the two focal countries and in the region; Section 3.2.5 examines the current knowledge base on the linkages between human trafficking and HVT corridors; and Section 3.2.6 looks at the emerging discourse on COVID-19 and human trafficking and draws out the implications for this research. 3.2.2 Definitions 3.2.2.1 Transport Corridors and Operators The research focus is on HVT corridors, other major trade routes and border crossings linked to these routes. Although the term ‘transport corridor’ is used in the context of air, rail, sea and road routes, the research focuses on road transport. A common definition of a high volume road is a highway with traffic volumes of more than 300 vehicles per day. 3 Transport corridors and trade corridors are both examples of ‘development corridors’: the term ‘transport corridor’ is used to describe the flow of people and goods; the term ‘trade corridor’ refers to a route that facilitates trade.4 The term ‘transport corridor’ is used in this report, although it is recognised that these routes promote trade. Long-distance transport operators (e.g. heavy goods vehicle drivers and passenger service vehicle drivers, primarily of buses and coaches) who utilise these routes are the key focus of the research. However, other transport operators who undertake short-distance journeys (e.g. boda boda drivers and other commercial car hire operators) also utilise these routes and their activities are highlighted in some of the resources identified by the document search. 3.2.2.2 Human Trafficking The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000), also known as the Palermo Protocol, is an outcome of the United Nations Convention against Transnational Organized Crime. This defines human trafficking 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 practices similar to slavery, servitude or the removal 13 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING of organs... The consent of a victim of trafficking in persons to the intended exploitation set forth [above] shall be irrelevant where any of the means set forth [above] have been used.5 According to the Protocol, three conditions need to be in place if an incident is to be defined as TIP: an act, the means and the purpose (Table 5). Table 5 – Three Elements of TIP Act Means Purpose Recruitment Transportation Transfer Harbouring Receipt of persons + Threat or use of force Other forms of coercion Abduction Fraud Deception Abuse of power Abuse of a position of vulnerability Giving or receiving of payments or benefits to achieve the consent of the person having control over another person + Exploitation of the prostitution of others Sexual exploitation Labour exploitation Slavery or other slavery-like situations Organ removal Etc. = TIP (Table adapted from UNODC 2009) The activities in the ‘act’ column categorise different facets of the work of traffickers, and include the transportation or transfer of trafficking victims. The ‘means’ column highlights that coercion, deception, control and abuse are involved. The ‘purpose’ column highlights the various forms of TIP: commercial and other forms of sexual exploitation; forced labour; other types of slavery (e.g. recruitment for the purpose of begging); or organ removal. In some contexts, including Africa, people may also be trafficked for the purpose of human sacrifice or to become child soldiers. Forced marriage can also be categorised as a form of TIP if the three conditions outlined above (i.e. act, means and purpose) are found to be in place. Despite the very clear definition in the 2000 Protocol, TIP is commonly categorised incorrectly as a form of ‘irregular migration’ or ‘migrant smuggling’ in official statistics and by the officials who deal with it on a dayto-day basis (e.g. law enforcement, customs and immigration officials). According to Johnson, 6 it is also common for law enforcement officers and the wider criminal justice system to focus on a single aspect of the crime, for example trafficking for sexual exploitation may be defined as ‘rape’ and child trafficking as ‘child abduction’. Many studies have argued that TIP is, as a result, significantly underreported.7,8,9,10 TIP is considered distinct from ‘people smuggling’ or ‘migrant smuggling’ in two key ways: first, while smuggling involves the transfer of people across borders, TIP may not have a transnational focus; second, smuggling is defined as a conscious and voluntary transaction that migrants sign up to, while TIP is always based on some form of coercion, force or deception.11 In practice, the distinction between the two can blur when individuals who begin their journey as irregular migrants become trafficked en route.12,13,14 TIP is also referred to in the literature as a form of ‘modern slavery’. The latter is an umbrella term that includes human trafficking, but also other activities, such as state-sponsored forced labour, which lie outside of the definition of TIP.15 Snajdr16 suggests that TIP is largely a Western concept and has existed for centuries. In this report, the practice of ‘child fostering’, which is common in Africa, is highlighted. Although viewed as acceptable by communities, the practice may actually fit all three conditions of TIP. 14 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING 3.2.3 Human Trafficking Context TIP is conceptualised as problematic in the literature from a range of perspectives. Many authors view the problem from a criminal justice perspective, where TIP is seen as being at odds with the rule of law, linked to civic instability, and to loss of vital tax revenue. 17 Some studies focus on the range of ‘push factors’ that lead vulnerable individuals into situations where they fall victim to traffickers and argue for more to be done to create alternative livelihood options for potential victims and address other root causes of vulnerability. 18,19 Others focus on the ‘pull factors’ that entice trafficked persons to leave their homes in pursuit of a better life.20,21 Many authors focus on the human rights abuses suffered by TIP victims, 22,23,24 specifically on the health risk and impacts, which are said to be wide-ranging, long-term and life-changing.25,26,27 These perspectives indicate that TIP is a complex issue that requires a multidisciplinary response. This section provides a brief overview of TIP in a global and African context. It also looks at what the literature says about TIP in the two research countries, Uganda and Tanzania. The scale of TIP, the type of TIP and the routes that are used are examined. 3.2.3.1 Global Context Global estimates of the number of victims of TIP paint an alarming picture. The International Labour Organization (ILO) 28 estimates that 16 million people were participating in some form of forced labour in the private economy in 2016. Of these, a quarter were in forced domestic work. An estimated 4.8 million people were in a situation of forced sexual exploitation, of whom 99% were women and girls (around a million of these were children). An estimated 8% of those who experienced forced sexual exploitation (384,000 people, mainly women and girls) were from Africa. 29 According to UNODC, 30 women and girls comprise 49% and 23% of trafficked persons respectively. Le et al. 31 argue that systematic gender discrimination leaves women and girls especially vulnerable to TIP. Up to 75% of TIP victims are exploited in their country of origin.32 This indicates the huge scale of domestic as opposed to transnational TIP. UNODC33 suggests that there has been an increase in reported cases of TIP globally because more countries are collecting and reporting TIP data (between 2009 and 2018, the number of countries with a mechanism to collect and report data on TIP increased by 150%, from 26 to 65). However, other authors argue that there has been an upturn in the trade. Deane34 observes that TIP is fast-growing and has become one of the leading forms of crime globally, while the Africa Center for Strategic Studies reports that the trade is a multi-billion dollar business.35 In 2016, TIP had an estimated value of US$150.2 billion.36 Greater access to the internet is contributing to an increase in TIP.37 Disasters and others shocks are also known to increase TIP.38,39 There is emerging evidence that the COVID-19 pandemic will do the same (see Section 3.2.6). As highlighted in Section 3.2.2, many cases of TIP are hidden. This is partly because trafficking tends to occur along migration routes and may be mistaken for other forms of regular or irregular migration.40,41 It is also unseen because awareness among the general public and among public officials (e.g. law enforcement, customs and immigration officials) is low. Truong and Angeles42 note that TIP is a “constellation of practices” and this makes understanding the science and the practice of the trade challenging at many levels, including at policy level. According to the Minderoo Foundation, 43 progress towards the achievement of Sustainable Development Goal (SDG) 8.7, which requires governments to take immediate steps to tackle forced labour, modern slavery and TIP, has been “disgracefully marginal”. Efforts to achieve this goal are said to be significantly off-track. 3.2.3.2 Africa Context Globally, the prevalence of all forms of modern slavery, which includes TIP, is highest in Africa at 7.6 per 1,000 people.44 Anichie and Moyo45 state that TIP is on the increase across the continent. According to UNODC, 46 individuals who are trafficked from SSA are found in more destinations (69 countries over the period 2012– 2014) than victims trafficked from other parts of the world. This suggests that traffickers exploit the inadequate counter-trafficking infrastructure in these countries, and view the transnational trade from SSA as relatively low risk. Bello and Olutola47 argue that TIP is endemic in Africa due to high poverty levels, lack of employment opportunities, economic instability, poor governance and conflict, and a growing demand for cheap labour and individuals to exploit. In Africa, the value of TIP is estimated to be US$12.8 billion.48 15 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING The African continent has 109 international boundaries covering 28,000 miles. These borders are considered highly porous due to inadequate border control.49 This enables many different forms of criminal activity, including TIP. Trafficking flows in Africa are complex and involve the movement of victims from a wide range of countries, both inside and outside the continent.50 Tiniti and Westcott51 discuss the large flows (estimated to be in the hundreds of thousands) of migrants from all over SSA into Libya for onward transfer to Europe. Trafficking victims from West Africa are often found in North Africa, Western Europe and Southern Europe.52 In relation to southern Africa, Bello and Olutola53 report that trafficking flows are complicated and involve the movement of victims from diverse countries inside and outside Africa. Trafficking in Africa can be through small, family-related networks and does not always take place across national borders.54 Rapid urbanisation is a major driver of TIP. The pace of urbanisation is faster in SSA than in other regions globally. The urban growth rate is 4.1% in SSA compared to 2% globally. Africans are expected to comprise 20.2% of the global urban population by 2050 (up from 11.3% in 2010).55 The International Organization for Migration (IOM) 56 suggests that intra-regional migration is driven by economic diversification. Countries such as Kenya and Rwanda are creating demand for migrants, including from Tanzania and Uganda, to work in their service industries. Increased migration may be accompanied by an increase in TIP. East Africa Wondu57 argues that TIP routes are well-documented in West Africa, but less so in East Africa. The United Nations High Commissioner for Refugees (UNHCR) 58 estimates that in the period 2009–2013 between 20,000– 30,000 people were trafficked from East Africa and the Horn of Africa. Kenya serves as both a transit and destination country for trafficked persons from elsewhere in East Africa and is said to be the main hub for East African victims of transnational TIP.59 TIP victims trafficked to southern Africa from the Horn of Africa typically cross into Kenya near Moyale and move southwards via road.60 East African regional networks of traffickers are increasingly controlling parts of the transnational TIP chain, and making lucrative profits in the process. According to Daghar, 61 Kenyans are reported to control ‘trafficking houses’ in the Middle East that control TIP victims from all over East Africa. The implication is that East African regional TIP networks are becoming more sophisticated. A 2018 IOM study62 of 4,712 migrants arriving in Italy found that 77% had experienced at least one form of TIP and, of these, 92% of the reported events were said to have occurred in Libya. The experiences included being held against their will; being forced to work or work without payment; being subjected to physical violence; or being threatened with sexual violence. Among East African migrants arriving in countries along the Eastern Mediterranean route (Greece, Bulgaria, Hungary, etc.), 52% reported that they had encountered at least one practice associated with TIP during their journey – much higher than victims from other regions. More females than males reported that they had been subjected to practices associated with TIP, again reinforcing the fact that TIP has strong gender dimensions. The 2010 East African Common Market Protocol provides for the free movement of labour, and has provided an enabling environment for more migration into the region. Some countries have removed the requirement for migrants to obtain a work permit when moving within the region.63 For example, there are bilateral agreements between Kenya and Ethiopia, and Kenya and Uganda. Negotiations between other countries in the region are underway. This links with the aspiration within the region to promote free movement, facilitate trade and encourage economic growth.64 The impact of free movement of people on generating irregular forms of migration, including TIP, is hard to predict. 65 TIP is linked to Informal Cross Border Trade (ICBT) between Uganda, Tanzania and Kenya. According to Nkoroi, 66 ICBT happens on a huge scale and accounts for approximately 40% of Gross Domestic Product (GDP) in Africa. Kenyan girls involved in ICBT may facilitate the cross-border trafficking of young girls from Uganda, presumably to supplement their income. Ondieki67 maintains that Kenya’s porous borders, combined with corruption among law enforcement officers, create the conditions in which TIP can flourish. A 2017 IOM study68 reports that the coastal region of Kenya is a major destination and origin for TIP due to both push and pull factors, and is increasingly linked to TIP to the Middle East. Child trafficking constitutes the main category of cases reported in the country (for domestic labour, farming, fisheries, street begging and sex 16 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING work), and is particularly evident on the coast. Tourism has contributed to TIP. Many victims intend to migrate to other countries or areas within Kenya but find themselves trafficked to the coast through agents. Migrant smuggling can transform into trafficking within the coastal region, where victims are in unfamiliar territory. The IOM study identified trafficking victims in the coastal region from Ethiopia, Rwanda, Burundi, Somalia, Tanzania and Uganda who were travelling to or through Kenya. With older TIP victims, knowledge of the Kenya National Employment Authority is poor (the agency is responsible for registering recruitment agencies that offer jobs abroad). Instead, there is heavy reliance on the use of local networks, TIP networks and unregistered recruitment agencies, which may also be involved in TIP.69 Tanzania Context Scale of Problem Tanzanian police reported a significant increase in TIP cases in 2013, many involving women and children being trafficked abroad, including to countries such as Malaysia.70 Tanzania is a transit route for international destinations where TIP victims become trapped in domestic labour roles and sex work. By 2018, Tanzania had an estimated 336,000 trafficking victims and a prevalence of 6.2 victims per 1,000 people.71 According to ISH Markit, 72 Tanzania’s links to European, Middle Eastern, South Asian, southern African (e.g. Zambia, Zimbabwe and South Africa) and Kenyan markets, plus weaknesses in its security infrastructure, have made it a significant and dynamic hub for TIP. Case studies of trafficking victims indicate that poverty acts as a strong push factor. Transnational and Cross-Border Trafficking Tanzania also provides a transit route for Sudanese, Somalis and Ethiopians who are trafficked south through Kenya towards South Africa. While many migrants using this route are willingly smuggled over borders, many others become victims of trafficking. Tairo73 reports that Tanzania is a leading transit corridor for irregular migrants from East and Central Africa, including Rwanda, Burundi, Ethiopia and Somalia, who are hoping to reach South Africa and Mozambique. The IOM Tanzania Chapter reports a rise in TIP, with approximately 12,000 illegal immigrants transiting Tanzania every year. Between January and April 2018, 1,840 Ethiopian and Somali immigrants were intercepted in Tanzania. The porous border between Tanzania and Kenya is a problem, particularly around the Kilimanjaro, Arusha and Tanga regions where there are many unstaffed border posts. Otañez, Sandramu and McGill74 report on the trafficking of Malawian families to tobacco farms in Tanzania, and vice versa. Children are sent to work in the fields rather than to school and as their families may be in debt to farm owners for long periods, many are unable to return home. Cross-border trafficking is suspected to be widespread. Cases of child trafficking for commercial sexual exploitation are reported to be increasing along the Kenya–Tanzania border. An IOM study undertaken in 200875 found an increased likelihood of being trafficked was associated with lower levels of education for girls, the death of one or both parents, and proximity to busy roads (i.e. more trafficked persons than nontrafficked persons – 58% versus 7% – lived within 10 kilometres of a tarmacked road). This is one of the few studies that look at the relationship between TIP and roads. A study by Kamazima et al. 76 in the Kagera border region (on the border with Uganda) found that information about work opportunities is commonly provided by relatives or persons known to a victim and local officials and teachers often step in to provide false identity cards or school completion certificates. Hence TIP is facilitated by large, local networks that are often known to the victim or their family. Lack of knowledge of TIP is said to contribute substantially to the large-scale TIP in cross-border communities. Kigai77 reports on the trafficking of disabled Tanzanian children to Kenya for the purpose of street begging. Okumu78 reports on research into TIP in Taveta on the Kenya–Tanzania border. The town, a major trade centre, has a One Stop Border Post staffed by customs and immigration officials from both countries. TIP takes various forms in the area: there are adult women and young girls who are trafficked to the Middle East for domestic labour; young girls who begin sexual relationships with truck drivers and who are then trafficked out of the country; Tanzanian children who cross the border into Kenya to work on farms and carry produce to Taveta market; 17 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING and older girls from the wider area who are trafficked into the town or even to Mombasa to work as house maids. There are also reports of Ethiopians being trafficked through Taveta to Tanzania and on to South Africa. The large and porous border between Kenya and Tanzania means that TIP victims commonly transit the border through the bush, circumventing border controls. Internal Trafficking Internal trafficking is also an issue, with large numbers of children being trafficked from rural to urban centres to undertake domestic labour, to work in agriculture or mining industries, or be forced into prostitution. Many authors report on the large scale of domestic trafficking in Tanzania for domestic work, construction, mining and agriculture.79,80 According to the network End Child Prostitution and Trafficking (ECPAT),81 Tanzania has over two million orphaned or abandoned children and very few under-fives (an estimated 8%) have birth certificates. These factors, plus growing poverty, the rapid increase in the numbers of street children in urban areas, and the expansion of tourism, leave children susceptible to exploitation. The demand for child commercial sex workers is said to be increasing and is evident in major cities (i.e. Arusha, Mwanza, Geita, Dar es Salaam, Mbeya and Dodoma). Demand is also high around truck stops along the highways, in mining and fishing sites, and in the agricultural sector. Domestic trafficking (from rural to urban areas) feeds the trade: children and their parents are promised employment as domestic workers (‘house girls’) or bar maids but the children are frequently then sold on to brothels and guesthouses or left to live on the streets, where they are exploited. It is common for internal trafficking to be facilitated by friends or family members.82 In Tanzania as a whole, public knowledge of TIP legislation is very low and hence domestic trafficking is often not viewed as a crime, leading to non-reporting or under-reporting of cases. A strong tradition of ‘fostering’ young children with extended family members or friends is an enabling factor for traffickers. Table 6 attempts to highlight Tanzania’s role as a source, destination and transit country for TIP, based on routes discussed in the literature. Table 6 – Trafficking Routes to, from and within Tanzania Source Destination Transit Routes Tanzania (transnational) South Africa Malawi, Mozambique Middle East (e.g. Saudi Arabia, Dubai, Oman), Malaysia, Thailand Kenya, Uganda Tanzania (domestic) Tanzania (cities, e.g. Dar es Salaam, Dodoma, Arusha, Kilimanjaro, Zanzibar) Burundi, Kenya, Uganda, Malawi, China, India, Nepal, Philippines Tanzania Miscellaneous Horn of Africa, Rwanda, Burundi South Africa, Mozambique, Europe Tanzania 18 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Uganda Context Scale of Problem The 2019 Annual Crime Report released by the Ugandan police reports 120 TIP incidents involving 455 victims. This was nearly double the number of reported victims in 2018. Only 16% of the recorded victims were trafficked domestically. This could be because the practice of placing children with other households to earn an income is widely accepted and therefore these cases are not categorised as TIP. The majority of reported cases were adults, and in the 53 cases that were prosecuted, only 14 convictions were achieved. In relation to child trafficking, only 22 were taken to court and only one conviction was achieved.83 The number of trafficking cases is contested, however. The Walk Free Foundation estimates that Uganda had 304,000 victims in 2018,84 a stark difference to the figures reported by the Ugandan police. The Uganda Coordination Office for the Prevention in Trafficking in Persons (COPTIP) reported 283 victims of TIP in 2016,85 already a significant decrease from its 2013 report, which counted 837 victims.86 A decrease in the number of cases between 2013–2016 was claimed to be due to an increase in the number of border interception points. Eighty percent of these cases were trafficked transnationally, of which the majority (84%) were adult females. Of the internally trafficked victims, 82% were girls.87 Government data reported 347 transnational trafficking victims in 2015, many of whom were women destined for labour exploitation in the Middle East. Two hundred and one potential victims were also detected at various border exits (including 151 in Saudi Arabia and the United Arab Emirates and 33 in Kenya).88 Alongside the Middle East, labour export is generally known to move towards the Democratic Republic of the Congo (DRC), South Sudan and Kenya, and rarely to Europe and Asia. Despite these numbers, according to Kagumire, police estimate that in reality up to 50 people per day are trafficked in Uganda.89 IHS Markit notes that while this trade is still considered small, it is likely to grow as criminal networks become more established. IHS Markit has already observed increasing numbers of sex slaves in Kampala who originate from East Asia and predict that as economic growth continues, Kampala is likely to become a destination and transit point for trafficking.90 According to Plan International, Terre des Hommes and IHS Markit, high levels of unemployment and poverty, low levels of education and high fertility rates are the main push factors for exploitation in Uganda.91,92,93 Additional factors mentioned by van Riesen94 include gender discrimination, poverty, lack of employment, high HIV/AIDs rates, and increasing numbers of orphans and street children. According to the Africa Faith and Justice Network, exporting labour as part of a labour externalisation programme is one of the government’s key strategies to counter youth unemployment, with an increase seen in the licencing of labour export companies by the Ministry of Gender, Labour and Social Development. Despite the legality of much of the labour exportation, reports of abuse and exploitation of Ugandan workers is still common, especially in Gulf countries. 95 A report by AMMi suggests that TIP is hidden because it takes place within the context of legitimate economic migration flows in which both registered and numerous unregistered employment agencies play a part.96 This is further supported by the free movement of people in Uganda, making border control for TIP increasingly difficult.97 Nambatya observes that some forms of child labour have become normalised in Uganda. This translates into Ugandan children being trafficked for forced labour in agriculture, fisheries, forestry, cattle herding, mining, stone quarrying, brick making, car washing, scrap metal collection, street vending, bars, restaurants, and the domestic service sectors. 98 Victims and Recruitment Plan International finds that 73% of TIP cases were women or girls and 56% of these were 24 years old or younger; 36% were under 18. Forty percent of young women were trafficked for sexual exploitation, while children as young as seven were trafficked for labour purposes. Boys and girls were also found to be trafficked for prostitution, generally between 13 and 24 years of age. 99 In the 2008 IOM report, the majority of respondents reported being lured into trafficking, rather than being forced. While the type of work they ended up in generally matched what they had been promised, the conditions did not. Twenty-three percent of Ugandans were also lured in by the promise of food and shelter 19 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING instead of a job. Interestingly, trafficked persons in Uganda appeared to have higher monthly incomes than those of non-trafficked persons.100 Plan International reports that 64% of young girls (aged under ten years old) and 44% of adolescent girls (aged between 10-18 years old) who were trafficked were assisted, at least in part, by family members. Half of the adolescent girls were encouraged or helped by friends or acquaintances. The majority of female adolescent girls were subsequently recruited into TIP activities by a recruitment agency.101 The Lord’s Resistance Army (LRA) has played a significant role in trafficking in Uganda over the years. According to the IOM, TIP is significantly fuelled by a demand for military service in the region. This is affiliated with abductions in northern Uganda, South Sudan and the DRC, especially children who are known for being violent. TIP can fulfil military, sexual or auxiliary roles (such as domestic work).102 Links between child sacrifice and human trafficking have also been made by Bogere and Walakira, in response to a resurgence of these cases in Uganda.103 The scale of this problem is currently unknown. 104 Johnson105 reports that the general public in Uganda suffers from a lack of information and understanding of TIP. Trafficking cases are frequently mis-categorised as other crimes. For example, trafficking for sexual exploitation is defined as ‘rape’ and child trafficking is defined as ‘child stealing’. There is also a long-standing cultural practice of placing children or adolescents with extended family members to improve their education and access other opportunities. This custom is being abused by networks of traffickers. The trend had been observed in 2008 by the IOM, which found that 70% of Ugandans found it common to place children with the family of friends in a ‘foster’ situation.106 Ninety-four percent of people surveyed said that they were aware that TIP occurred in Uganda, but when asked if other people in their community knew about TIP, only 34% responded positively. Routes and Origins COPTIP finds that most transnational victims originate from Kampala and its surrounding areas, whereas domestic trafficking generally originates from Karamoja region in the north-east and Busoga sub-region in the east. Transnational victims are most often destined for Saudi Arabia, Oman, the United Arab Emirates (UAE) and Kenya.107 Based on an assessment by the IOM in Kenya, 8% of victims of TIP that originated from Uganda were travelling either to or through Kenya.108 Plan International found that Ugandan TIP was mostly internal, but that evidence of international TIP was found in Malaysia, Thailand, Iraq and Turkey. Young women were the most vulnerable to transnational prostitution of all groups researched.109 Tinti and Westcott report that Uganda is also part of one of several routes to Libya that ultimately make their way to Europe. They note that this eastern route is the most organised of all routes for migrant smuggling, but also experiences a higher level of criminality, which often turns migration situations into TIP.110 Terre des Homme also reports that Kenya is a popular destination for Ugandans, either in transit or as a final destination. Busia County is an especially well-known source, transit and destination for child trafficking, where girls are trafficked from Uganda and end up working in illicit bars or other entertainment businesses. Busia also supplies many domestic workers to urban areas in Kenya. 111 Kagumire has observed similar trends, and describes the land border at Busia between Uganda and Kenya as one of the most used routes, and that immigration officers lack clear guidance on what to do with victims of trafficking. 112 Soroti and Katawaki Districts in northern and eastern Uganda are also known as being a source of human trafficking due to struggles with poverty, lack of education and unemployment caused by floods, drought and food shortages. Children are hence trafficked for labour and forced marriage to Kampala, Teso sub-region, Tanzania, Kenya and Sudan.113 A recent report by IHS Markit notes that children from Karamoja have been sold at markets in border towns such as Busia, in eastern Uganda, before being transported north to Sudan and then to the Middle East and elsewhere.114 In a study carried out by Terres des Hommes, children comprised 41%, 27% and 39% respectively of TIP victims in Moroto, Iganga and Kampala. The majority of victims were either enticed (67%) or forced by their parents (19%) and travelled most commonly by car (40%), followed by bus (24%), walking (12%) and by lorry (6%). Children here are often first trafficked to towns within their district and later convinced to migrate to 20 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING larger cities. Two percent of trafficked children who were interviewed originated from outside Uganda, from countries including Kenya, Rwanda and Tanzania.115 A report by AMMi argues that Ugandans do not form a major part of irregular migration flows to Europe, and that Uganda is not an important transit country to Europe. Many victims of TIP are trafficked domestically, mainly from rural to urban areas, while others are trafficked within East Africa and the Horn of Africa. Individuals who are trafficked into Uganda are known to enter through official border crossings using either legitimate or fraudulent paperwork and most victims believe that they are entering Uganda for legitimate employment. In 2015, two cases of Asian victims of TIP were reported (involving 43 Indians and 20 Bangladeshis), but otherwise there are few detected cases of foreign nationals being trafficked into the country. 116 Burundi reported 372 victims of trafficking in 2019 and 314 of these had been trafficked abroad, including to Uganda, Kenya, Tanzania and Saudi Arabia. 117 Table 7 attempts to capture Uganda’s role as a source, destination and transit country for TIP, based on routes discussed in the literature. Table 7 – Trafficking Routes to, from and within Uganda Source Destination Transit Routes Uganda (transnational) Middle East (e.g. Saudi Arabia, UAE, Oman, Qatar, Kuwait, Iran, Jordan), Egypt, Turkey, Malaysia, Thailand, India, China Horn of Africa (in some instances), Libya Kenya, Somalia, Sudan Kenya Uganda (domestic) e.g. from Busoga in the east, Karamoja in the north-east, and refugee camps in northern Uganda Uganda (cities, e.g. Kampala) - DRC, Rwanda, Kenya, Tanzania, Burundi Uganda Uganda South Sudan Uganda - South Asia Uganda - 3.2.4 Legislative Context 3.2.4.1 Introduction The legislative backdrop to the research is reviewed in this section. International, regional and national antitrafficking legislation is analysed from the perspective of what it says about the transportation stage of the TIP process and the role of transport sector actors as facilitators of human trafficking. 21 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING 3.2.4.2 International Legislation Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (known as the Palermo Protocol) is an outcome of the United Nations Convention against Transnational Organized Crime, which took place in 2000. The purposes of the Protocol are: • To prevent and combat trafficking in persons, paying particular attention to women and children; • To protect and assist the victims of such trafficking, with full respect for their human rights; • To promote co-operation among States Parties in order to meet those objectives. As of 2020, there were 117 signatories to the Protocol. From a global perspective, this is one of the most influential pieces of anti-TIP legislation. Individual countries have adapted the legislation to suit their own context.118 Transportation is included within the definition of the term ‘trafficking in persons’. Article 10 (which focuses on information exchange and training) stipulates the need for co-operation between law enforcement, immigration or other relevant authorities by exchanging information in accordance with domestic law. This includes enabling these bodies to determine “the means and methods used by organized criminal groups for the purpose of trafficking in persons, including the recruitment and transportation of victims, routes and links between and among individuals and groups engaged in such trafficking, and possible measures for detecting them.”119 This provision requires state signatories to understand the role of transport and transport actors in the TIP process. Article 11 (which focuses on border measures), and as numbered in the legislation, stipulates that: “2. Each State Party shall adopt legislative or other appropriate measures to prevent, to the extent possible, means of transport operated by commercial carriers from being used in the commission of offences established in accordance with article 5 of this Protocol. 3. Where appropriate, and without prejudice to applicable international conventions, such measures shall include establishing the obligation of commercial carriers, including any transportation company or the owner or operator of any means of transport, to ascertain that all passengers are in possession of the travel documents required for entry into the receiving State. 4. Each State Party shall take the necessary measures, in accordance with its domestic law, to provide for sanctions in cases of violation of the obligation set forth in paragraph 3 of this article.” Important implications for policy makers and transportation companies and operators include: • State signatories are required to understand the role of transport and transport operators in TIP; • State signatories are expected to put in place measures to prevent transport operated by commercial carriers from being used in TIP; • The onus is on transportation companies to ensure that their staff check passengers’ travel documentation. By definition, transport sector operators will need the skills and capacity to determine whether travel documentation is complete and authentic. Other Legislation Various other international treaties or conventions provide a legal framework to combat TIP. For example, the 1989 UN Convention on the Rights of the Child aims to ensure that states respect and ensure the rights of children within their jurisdiction without discrimination of any kind. Trafficking in persons is the principle behind Article 35, as follows: “States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.”120 There is no reference to transport sector actors or modes of transport in the legislation. 22 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING A further example of legislation with an anti-trafficking focus is the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). This international bill of rights for women has been ratified by 189 states. It defines discrimination against women as: any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.121 Article 6 of CEDAW states that: “States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.” Again, there is no mention of transport or transport sector actors. Other international legislation that mentions TIP but does not mention transport includes: the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and pornography (2000) and the ILO Convention No. 182 on the Worst Forms of Child Labour (1999). 3.2.4.3 Regional Legislation East African Community Counter-Trafficking in Persons Bill The East African Community Counter-Trafficking in Persons Bill was passed by the East African Community (EAC) Legislative Assembly in August 2016. It is currently awaiting approval by the heads of the member states. COVID-19 led to the postponement of the meeting that would have seen this assent being given and the Act established and signed into law. The object of the Bill is: to provide for a legal framework for the prevention of trafficking in persons, prosecution of perpetrators of trafficking in persons, provision of protection mechanisms and services for victims of trafficking in persons, and development of partnerships for cooperation to counter trafficking in persons in the Community.122 It is worth noting that legally, EAC legislation takes precedence over individual member states’ laws. Transport or transportation are listed in the activities that constitute trafficking in children or trafficking in persons in the Bill. In addition to the use or threat of force or other forms of coercion, the Act includes deception as a criteria. Facilitation of TIP is also an offence. The Act stipulates that “Every person who receives a financial benefit knowing that it results from the offence of trafficking in persons commits an offence and is liable on conviction to such fines or term of imprisonment as the laws of the Partner State may prescribe.” The Act also stipulates that an offence is facilitated “whether or not the person alleged to have facilitated the offence knows the specific nature of the offence that is intended to be facilitated.” Corporate bodies committing an offence are clearly included in this Act. Every director, manager, secretary or other similar officer concerned can be convicted if “the offence was committed with his or her connivance … he or she did not exercise all such diligence to prevent the commission of the offence, having regard to the nature of functions in that capacity and to all the circumstances.” Moreover, “[a]ll property belonging to persons convicted of the offence of trafficking in persons that was used or obtained in the course of the crime … shall be liable to forfeiture to the Partner State”. The Act therefore puts the onus on the company (and its officials), whose vehicles have been used in TIP, to ensure that their staff, with or without their knowledge, are not transporting trafficked persons. As vehicles utilised in TIP can be forfeited to the state, there should, in theory, be a strong rationale for transport sector operators to ensure the full compliance of their staff with the provisions of the Act. The Act goes on to stipulate that “[e]ach Partner State shall adopt legislative or other appropriate measures to prevent means of transport operated by commercial carriers from being used in the commission of the offence of trafficking in persons”, and “shall include establishing the obligation of commercial carriers, including any transport company or the owner or operator of any means of transport, to ascertain that all passengers are in possession of the travel documents required for entry into the receiving State.” Partner states are also required to harmonise national laws and penalties for the offence of TIP and offences related to TIP. The Act specifies that the offence of TIP is punishable by a minimum of 10 years’ imprisonment. 23 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Implications for transport companies and operators include: • Commercial transport companies whose vehicles are involved in TIP are legally liable; • Commercial transport carriers should take steps to prevent the involvement of their staff in TIP (this, in turn, could imply the need to provide training for drivers and other staff, the need for drivers and other staff to sign up to a code of conduct, and some sort of monitoring of staff to ensure compliance, etc.); • Lack of awareness among transport companies or relevant staff that a TIP offence is being committed is an inadequate defence; • Transport companies must take steps to ensure that passengers have the necessary documentation to cross borders; • Transport carriers can forfeit their vehicles if they are used in TIP. Other Legislation There are a number of other legal instruments and frameworks that have an anti-TIP focus within the Southern African Development Community (SADC), including the Revised SADC Protocol on Gender and Development (2016); the SADC Code of Conduct on Child Labour (2000); the SADC Protocol on Extradition (2002); and the SADC Protocol on Combatting Illicit Drug Trafficking (1996). Article 11 of the 2008 Protocol on Gender and Development requires states to: “adopt laws, policies and programmes to ensure the development and protection of the girl child by … protecting girls from economic exploitation, trafficking and all forms of violence including sexual abuse”. Section 2 states: “States Parties shall put in place legislative and other measures to ensure that the boy child enjoys the same rights as the girl child under sub-Article 1.” There is no mention of transport or transport sector actors in the legislation. The African Youth Charter of the African Union (AU) addresses people between the age of 15 and 35. Trafficking is mentioned in Article 23 where the Charter states that: 1. States Parties acknowledge the need to eliminate discrimination against girls and young women according to obligations stipulated in various international, regional and national human rights conventions and instruments designed to protect and promote women’s rights. In this regard, they shall … Enact and enforce legislation that protect girls and young women from all forms of violence, genital mutilation, incest, rape, sexual abuse, sexual exploitation, trafficking, prostitution and pornography123 There is no provision made for boys and young men in the Charter. No reference to transport or transport sector actors is included in the Charter. The 2006 Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and Children was adopted by the Ministerial Conference on Migration and Development, Tripoli in November 2006. The Action Plan aims to develop co-operation, best practices and mechanisms to prevent and combat TIP between the European Union (EU) and the AU. The provisions of the plan cover: prevention and awareness raising; victim protection and assistance; legislative framework, policy development and law enforcement; and measures to improve co-operation and co-ordination between states.124 The Action Plan does not explicitly mention the role of transport and transport actors in the TIP process. However, it does call for greater investment in research to increase understanding of the means and methods used, the situation, magnitude, nature and economics of TIP. Other African legislation that mentions trafficking but does not mention transport includes: the 1990 African Charter on the Rights and Welfare of the Child and the 2003 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (known as the Maputo Protocol). 3.2.4.4 Tanzania Anti-Trafficking in Persons Act, 2008 Tanzania’s Anti-Trafficking in Persons Act, 2008, is the principal piece of legislation addressing human trafficking in the country. An individual convicted of TIP (which includes the transportation of a victim) is 24 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING liable to a fine of between 5,000,000 TSh (approx. £1,600) and 100,000,000 TSH (approx. £32,500) or to imprisonment of between two and ten years, or both. When defining the offence of TIP the legislation does not stipulate the use or threat of force or other forms of coercion. This means that there is scope to prosecute offenders even in instances where consent by the trafficked person has been given. The Act establishes an Anti-Trafficking Fund that aims to support the basic material needs of TIP victims, including training, family tracing, rehabilitation and reintegration. The Act also establishes an Anti-Trafficking Committee to be chaired by a current or former Director of Immigration, Inspector General of Police or Director of Intelligence and Security Services. As well as members from government ministries, departments and agencies (from mainland Tanzania and also Zanzibar) members include representatives from nongovernmental organisations (NGOs), the Commission for Human Rights and Good Governance and other civil society organisations (CSOs). All are appointed by and responsible to the Minister for Home Affairs. The committee is tasked with: • Co-ordinating the activities of government departments and law enforcement agencies; • Compiling a national plan of action and advising on anti-TIP policy; • Providing advice on the investigation and prosecution of TIP offences; • Liaising with government agencies and NGOs; • Keeping up to date with international and regional anti-TIP developments and standards. 125 The Act’s only reference to the physical transportation of trafficked persons is in a list of criminal activities: “recruits, transports, transfers, provides or receives a person by any means”. Implications for transport companies and operators of this Act, include: • Drivers or other staff transporting trafficked persons are liable to prosecution; • There is no need for prosecutors to prove that a driver or other staff member used threats, force or coercion when transporting victims of trafficking; • The role of transport companies is not specifically mentioned in the legislation and hence it is unclear what the liability of an employer would be if one of their staff or vehicles were involved in TIP. 3.2.4.5 Uganda Prevention of Trafficking in Persons Act, 2009 The Prevention of Trafficking in Persons Act, 2009126 is the principal piece of legislation in Uganda addressing human trafficking. It is described as: “An Act to provide for the prohibition of trafficking in persons, creation of offences, prosecution and punishment of offenders, prevention of the vice of trafficking in persons, protection of victims of trafficking in persons, and other related matters.” In the Act, transportation of a trafficked person is an offence when threats or use of force, other forms of coercion, abduction, fraud, deception, or the abuse of power or of a position of vulnerability, or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, are used for the purposes of exploitation. Exploitation is said to include: prostitution, pornography, sexual exploitation, forced labour, slavery, involuntary servitude, debt bondage, and forced or arranged marriage. The offence attracts imprisonment for up to 15 years. The Act goes on to state: “where the offender is a legal person, it shall be liable to a fine of one thousand currency points, and temporary or permanent closure, deregistration, dissolution, or disqualification from practice of certain activities.” Here the Act appears to be referring to a legal entity such as a company that can be closed and deregistered. The fine for the legal entity is specified as 1,000 currency points, which is equal to 20,000,000 UGX (currently just over £4,000). An individual, upon conviction, is liable to a fine not exceeding 120 currency points, which is the equivalent of 2,400,000 UGX (currently just under £500) or to imprisonment for five years or both. Subsequent convictions attract a seven-year sentence without the option of a fine. The Act also states: “The consent of the victim of trafficking or if a child, the consent of his or her parents or guardian to the acts of exploitation shall not be relevant.” 25 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING The Act authorises the designation of an office to be responsible for the co-ordination, monitoring and overseeing of the implementation of the Act (i.e. the Prevention of Trafficking in Persons Office). The role of the office is to design anti-trafficking programmes, prepare annual action plans, develop policies and regulations, establish a databank on cases, engage in consultation, and initiate training and awareness-raising activities. There is very limited reference to any transport-related activity in the Act – only in the definition of “trafficking in persons”, or in defining activities that are a TIP offence such as “recruits, transports, transfers, harbors”. Implications for transport companies and operators include: • Drivers or other staff can be fined or imprisoned (or both) if involved in TIP. For first offences, fines are relatively small (equivalent to £500); • Second-time offenders face imprisonment for seven years; • The consent of a victim of TIP (or the consent of parents in the case of a child) is not relevant: traffickers, including transporters, will be prosecuted if involved in TIP; • Transport companies can be fined and closed if involved in TIP. Of note is the fact that Uganda is not party to the Palermo Protocol. 3.2.4.6 Progress in Operationalising Anti-Trafficking Legislation Africa Overview Kangaspunta127 notes that despite high rates of TIP, since 2003, global conviction rates have been low. This is attributed to the hidden nature of TIP, the difficulties associated with the identification of offenders, the limited capacity of the criminal justice system and corruption. In Africa, government officials at borders are alleged to exploit undocumented migrants and turn a blind eye to TIP.128 There are also low prosecution rates for the individuals who are ultimately responsible for TIP as they are usually hidden behind multiple layers of intermediaries.129 The United States (US) Government monitors compliance against the provisions of its Trafficking Victims Protection Act on an annual basis. In 2019, only one African country had fully complied with the Act’s provisions and 25 African countries were rated as ‘Tier 2’, which means that they have failed to meet the Act’s minimum standards, but are making significant efforts to comply. Moreover, 13 African countries were categorised as being on the Tier 2 watch list, which means that although they are taking significant steps to comply with the Act, the number of reported victims is very high or increasing, and there is a failure to provide evidence of anti-TIP efforts.130 Although many countries have a variety of anti-trafficking policies, treaties, acts and laws, progress in operationalising these is generally poor. Anichie and Moyo131 argue that the presence of regional economic communities such as the Economic Community of West African States (ECOWAS), SADC and the EAC plus an AU policy framework on migration (e.g. the Migration Policy Framework for Africa and the African Common Position on Migration and Development) should in theory provide an enabling backdrop to migration on the continent. The African passport, which is due to be introduced in 2020, is another AU initiative and will enable the free movement of labour without the need for a visa. Various other treaties promote regional integration. The Joint Labour Migration Program for Africa was adopted in January 2015 by the African Heads of State and Government. This provides a comprehensive programme for labour migration governance for the region. An objective of the various regional integration initiatives is to reduce irregular migration, including TIP. However, despite the various moves towards integration, human smuggling and TIP are on the increase. Similarly, Dinbabo and Badewa132 claim that despite the existence of various enabling treaties, action plans and declarations (e.g. the Joint Africa-EU Declaration on Migration and Development, the Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and Children, 2006, the Africa-EU Partnership on Migration, Mobility and Employment, 2007, and the Convention for the Protection and Assistance of Internally Displaced Persons in Africa, 2009), large gaps exist in implementation. Mensah and Sarpong133 state that the AU’s contribution to enforcement of anti-TIP legislation is largely ineffective. Part of 26 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING the challenge relates to the way in which precedence is given to national sovereignty over transregional issues. This reduces the AU’s ability to intervene effectively. Despite regional integration efforts, there is still a tendency of many African countries to treat TIP as a domestic issue rather than a cross-border problem.134,135 In 2009, SADC members signed a 10-year Strategic Plan of Action on Combatting Trafficking in Persons, Especially Women and Children (2009–2019). This has since been revised to cover the period 2016–2023. This calls for a harmonised and co-ordinated legal framework to counter TIP. Manu and Mbata136 reflect on the ongoing challenges faced by many SADC members in operationalising their anti-TIP legislation. The fact that many member countries focus on identification, prosecution and law enforcement rather than prevention (and by implication fail to address the root causes of TIP) is considered a major barrier to the successful operationalisation of their anti-TIP legislation.137,138 Tanzania Tanzania has been on the US State Department’s Tier 2 Watch List for two years in a row. This means that the country does not meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. Countries are put on the watch list if they have high or increasing numbers of TIP victims and fail to provide evidence of efforts to combat TIP. According to the 2020 US State Department Trafficking in Persons Report, 139 in 2019 fewer TIP cases were prosecuted compared to 2018 (13 compared to 24), inadequate funds were made available to support the work of the national Anti-Trafficking Secretariat, and inadequate measures were in place to identify victims. As a result, victims end up being treated as criminals, which further compromises their safety. Tanzania also did not take steps to remove the option of fines for traffickers who have been successfully prosecuted. In 2019, NGOs rather than government provided the bulk of victim assistance services. On the other hand, more victims were identified and referred to support services in 2019 and there was a stronger focus on raising public awareness of TIP. Kraemer140 points out that long delays in police investigations mean TIP cases take longer to reach the courts. Low morale and lack of training within the police are contributing factors. Manu and Mbata141 note that there are insufficient police officers to investigate and prosecute cases. Low morale within the police force fuels corruption. The US State Department’s 2020 Trafficking in Persons Report142 recommends that Tanzania: • Increase the number of investigations, prosecutions and convictions, including of officials who are complicit in TIP; • Increase funding for the Anti-Trafficking Secretariat and for implementation of the national antitrafficking action plan; • Improve regulation of recruitment and employment agencies; and • Continues to improve its provisions for victim identification and train officials in the use of standard operating procedures. Burundian refugees in Tanzania, orphaned children and Tanzanians migrating for work aboard are categorised as potentially vulnerable populations from a victim identification perspective. It is also recommended that the option of fines being paid in lieu of a prison sentence for convicted traffickers be removed from the country’s anti-TIP legislation. Although some of the literature on Tanzania’s progress in operationalising its anti-TIP legislation refers to the lack of investment in prevention, none of it reflects on potentially effective entry points for doing so. This could, for instance, include engaging with the individuals who are part of trafficking networks and the organisations that employ or support them, including transporters. Uganda Uganda signed the UN Palermo Protocol as soon as it was open for signing in 2000, and in 2009 passed the Prevention of Trafficking in Persons Act. COPTIP was established in the Ministry of Internal Affairs in 2012, an Anti-Trafficking Taskforce was established the same year, and a Special Investigations Unit was set up. Other ministries (Foreign Affairs and the Ministry of Gender, Labour and Social Development) were given the mandate to support investigations. Tumwebaze143 observes that although Uganda has the legal and institutional framework to tackle TIP, responsible bodies are under-staffed, under-funded and co-ordination 27 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING across departments, agencies and ministries is poor. In addition, knowledge of the anti-TIP act is limited among law enforcement personnel. Similarly, Tukwasilbwe, Muganga and Natuhwera144 point to the underresourcing of anti-TIP activities. They also claim that the Ministry of Gender, Labour and Social Development’s capacity to regulate and monitor businesses involved in the exportation of migrant labour is poor. However, the government has taken positive steps to form partnerships with CSOs and NGOs for the provision of support services for victims, and is involved in regional anti-trafficking activities, although more needs to be done in the area of prevention.145 Walton146 points out that Uganda invests insufficient funds for victim protection and lacks victim services. Training for law enforcement and other officials has not been institutionalised. As a result, cases tend to be misclassified and poorly investigated. Reporting and investigation of corruption are inadequate. Lack of government oversight of labour recruitment agencies is a gap. Walton recommends more investment in prevention measures, including the training of government officials and improved management of recruitment agencies. As in Tanzania, however, the types of activities that could be carried out under the ‘prevention’ rubric are not expanded on. The US State Department’s 2020 Trafficking in Persons Report147 downgraded Uganda to the Tier 2 Watch List for the first time (the country has been graded as Tier 2 since 2013). In 2019, TIP investigations fell to the lowest level since 2014 and prosecutions also fell compared to 2018. COPTIP was inadequately resourced, which undermined national efforts to combat TIP. In addition, NGOs providing victim assistance services were inadequately supported by government. The report’s recommendations include the need for: greater efforts to investigate, prosecute and convict traffickers and complicit officials; adoption of a national mechanism to identify and refer victims; expansion of services for victims through partnerships with NGOs; stronger oversight of recruitment companies; and specific attention to the investigation of traffickers involved in the exploitation of children from Karamoja for sex trafficking and street begging. The Uganda Coalition Against Trafficking in Persons (UCATIP) reports that over the period 2014–2019 significant steps have been taken by NGOs and CSOs involved in the fight against TIP.148 These include: an effective partnership working with government through the National Task Force and COPTIP; the establishment of Wetaase (which means ‘save me’), a toll-free phone helpline and web-based chatbot facility for victims and survivors of TIP; preparation of National Referral Guidelines for the Management of Victims of Trafficking in Uganda and of the new anti-trafficking National Action Plan (2019–2024); creation of a specialised TIP unit in the Uganda Police Force and a specialised prosecution unit in the Office of the Directorate of Public Prosecutions; mobilisation of university students through the creation of Students Alliance Against Trafficking in Persons groups; significant social media-based public awareness campaigns; private sector partnerships, including working with bus companies to place anti-TIP posters in buses operating on the Karamoja–Kampala route; and rehabilitation of over 2,000 victims of trafficking. UCATIP comprises over 40 Ugandan NGOs and CSOs. 3.2.5 Role of Transport in Human Trafficking 3.2.5.1 Introduction A 2019 literature review undertaken by the IOM149 examined the evidence base on ‘sites of exploitation’, in other words the places where migrants are particularly vulnerable to exploitation. The ‘place’ most studied was recruitment agencies, followed by private businesses, private dwellings, underground migration routes and border crossings. The vulnerability of migrants during the transportation process did not feature in the literature. This finding is reinforced by the current literature review, which identified very few resources that explicitly and substantively focus on the transportation phase of TIP, or on the role of transporter operators as facilitators of TIP. The key findings of the review were as follows: • When transport is mentioned, it is generally in relation to modes of transport used by TIP victims and usually discussed alongside a focus on trafficking routes. Most of this material lacks detail; • The focus on crime and punishment in the TIP literature may be a reason why less attention is paid to the ‘transit’ part of the trafficking process; 28 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING • In discussions of modes of transport, long-distance public service vehicle operators and truckers are sometimes mentioned. However, private transport operators (e.g. boda boda operators, pick-up truck drivers, other private hire vehicles) are mentioned more frequently; • Most of the literature is vague on who plays a role in the networks of traffickers; transport operators are usually only mentioned in passing. One interpretation of this finding is that transport may be arranged informally and transport providers are not necessarily deeply embedded within criminal networks. However, this needs to be researched further. Much more attention is paid to employment agencies, crime syndicates and a generalised notion of ‘recruiters’; • Transport operators clearly play a role in facilitating TIP (this seems to be taken as a given in the literature), but they also create demand for TIP by drawing on the services of trafficked commercial sex workers; • There are hints in the literature that not all transport is organised by traffickers; sometimes trafficked persons are expected to make their own way to a destination. This suggests that training in victim identification will be important in the context of transporters who are not involved in TIP networks; • The transit phase of trafficking is where victims start to realise their predicament and may start to suffer physical, mental or sexual abuse. Hence intervention at this stage is crucial; • Some victims of TIP may be unaware that they are being trafficked – or are about to be trafficked – during their journey; • Some transport operators that are involved in TIP are linked to (or a part of) large crime syndicates, some allegedly run by high-level officials, and hence there may be risks and constraints involved with engaging with these organisations; • There is not yet a strong call within the literature about the need to work with the transport sector to address TIP. These findings are discussed in the following section below. It looks at the way in which the TIP literature focuses on modes of transport used in human trafficking; examines the role of transport operators as traffickers and their role in fuelling demand for TIP; and reports on transport-related anti-trafficking interventions detailed in the literature. 3.2.5.2 Transport in the TIP Literature Modes of Transport Much of the TIP literature that includes a focus on transport looks at the modes of transport that are used to move victims to their end destination. The type of transport used is usually discussed alongside the transit routes used. Many of the references to transport are very cursory. For example, Barasa and Fernandez150 discuss the movement of smuggled and trafficked persons from Ethiopia and Somalia southwards through Kenya. The article mentions taxis, buses and trucks as commonly used modes of transportation, but does not expand on this. Research by Ondieki 151 into the security implications of human trafficking in East Africa, particularly in Kenya and Tanzania, mentions that road transport is the most commonly used form of transport used in the domestic trade of humans. However, trafficking victims will also often use private cars, taxis and boda boda to avoid road blocks and main transportation routes. Kiss et al.152 report on the trafficking of girls and women in Uganda. In case studies of victims’ experiences there are brief references to the use of boda boda and taxis in the trafficking process. Mbalamwezi’s153 qualitative research with 145 victims of trafficking and a small number of traffickers in Tanzania briefly mentions the use of transport (mainly buses, but also trains, ferries, ships and lorries) to move trafficked persons, but does not provide any detail. Similarly Wondu, 154 who discusses trafficking across the East Ethiopian border, refers to the different modes of transport that are used, mainly foot, car and boat. Walakira, Bukenya and Dumba-Nyanzi’s155 report on a study on children internally trafficked in Kampala, Moroto and Iganga districts in Uganda also briefly mentions transport. The most common modes of transport used were private car (40%), bus (24%), lorry (6%) and walking (12%). 29 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING UNODC156 examines transnational trafficking flows from West Africa to Europe and focuses on the first stage of the journey, which is usually on land. Open or closed trucks, sometimes carrying 150–300 people, are used to transport migrants through southern Algeria or Niger to Libya or Morocco/the Western Sahara. Some of the vehicles travel in convoy for security reasons. Transit nodes include Agadez in Niger and Gao in Mali. As with the other literature, this report does not go into any detail about the role or experiences of the drivers in the trafficking process and where they fit within the complex web of arrangers, fixers and service providers who together serve as facilitators of the trafficking process. Research undertaken by UNODC157 into TIP in South Africa, Mozambique and Zimbabwe involved interviews with law enforcement, justice and border control authorities, NGOs and trafficking victims. The research included a brief focus on transport modes and routes, which depend on where trafficked persons come from (e.g. elsewhere within Africa or from other countries) and are also linked to the way in which victims enter a country (using stolen visas, as refugees, etc.). Individuals who are trafficked within the region tend to travel by road, whereas other nationalities fly direct to South Africa or to another country on the continent and then travel by road. Reported routes are overland transport by taxi, bus, train or on foot through the various border posts between South Africa and Mozambique (e.g. through the Ressano Garcia border post) or through the Kruger National Park. Along the South Africa–Mozambique border, local fixers (‘Mareyane’) help illegal immigrants cross the borders and provide accommodation for a fee. Their role in arranging transport is not discussed. Like much of the TIP literature, this report focuses primarily on the routes and modes of transport. A 2018 study undertaken by the IOM158 found that TIP victims travelling towards southern Africa typically cross into Kenya near Moyale and move towards southern Africa via road. Buses were used in 40% of cases and lorries and trucks in 17% of cases. In the majority, the transport was arranged by an employment agency. According to the IOM, the use of boda boda in TIP is on the rise, especially in Tanzania and Uganda. A 2008 qualitative research study undertaken by the IOM159 interviewed 1,916 victims of TIP and traffickers/proxy traffickers in Tanzania, Uganda, Kenya and Burundi. It looked in detail at where victims moved from and to, the push and pull factors for TIP in each country, the way in which victims were approached by traffickers, and the type of work that victims were promised and what they were given. This is one of very few pieces of Africa-focused research that examines the mode of transport used by victims. The majority of TIP victims travelled by public transport including bus, taxi (in Uganda) and ferry (in Tanzania). Respondents in Uganda and Burundi reported that an individual or organisation had arranged their transport, while 11% of Kenyans and 23% of Tanzanians indicated they had made their own way to a destination. Some traffickers gathered a large group of victims and transported them at the same time, perhaps to reduce the risk of undertaking multiple journeys. In Uganda, 58% of victims indicated that they had travelled in this way. However, none of the interviews with traffickers or proxy traffickers (individuals who knew a trafficker) were with transport sector actors. In a study of TIP in Uganda, Johnson160 presents a case study of a trafficking survivor and outlines the variety of transport modes used in a journey from Mukono (east of Kampala), to Kampala to Mbale to Lwakhakha, Uganda and then over the Kenyan border to Nairobi airport to Mumbai, India and on to Jordan. Several taxis were used to Lwakhakha, a boda boda was used to cross the border, a taxi was used to transport victims of trafficking to Nairobi and then two flights were taken to Mumbai and then on to Jordan. In summary, much of the TIP literature that includes a transport focus looks primarily at the routes and modes of transport. It generally does not discuss the transport operators and where they fit within the networks of trafficking facilitators, or the transportation process, including victims’ experiences of this. Transport Operators as Traffickers This section looks at the literature that focuses a little more on transport operators as traffickers. Very few documents were identified in this category, and fewer still thoroughly explored the role of these traffickers. Mechlinski161 reports on a multi-country (Burkina Faso, Cote d’Ivoire, Mali, Ghana) study into the role that transportation workers play in migration in West Africa. Although the study addresses irregular migration in general, it is also pertinent to TIP, and focuses on drivers of passenger transportation vehicles (e.g. station wagons, minibuses or large tour buses). Many migration studies focus on ‘home town’ and kinship networks 30 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING and their role in facilitating migration. This research adds a new dimension by studying migration networks from the perspective of transportation agents, security agents (i.e. ‘non-hometown network participants’) and passengers. The author describes how the three parties operate within a series of structured, institutionalised relationships that supplement the other networks that facilitate migration. The study explores the complexity of the relationships between these three actors, the hierarchies of power, and how transportation agents create and rely on reciprocity with security agents to ensure the successful movement of migrants. Complex systems of payments and favours (e.g. supplying goods purchased across the border, giving gifts of food, arranging for items to be repaired, giving rides to security agents) underpin the relationship. Transportation agents act as important intermediaries between their passengers and security forces, deciding what needs to be paid (in terms of bribes) and when, and helping passengers, including those without the required documentation, to complete their journey. The relationship between transport-related traffickers and security officials is often complicated by the fact that the drivers themselves may lack appropriate paperwork for their vehicles. The article’s focus on migration as a process rather than a system is new, and fills an important gap in the literature. Kigai162 reports on the trafficking of disabled Tanzanian children to Kenya along major bus routes such as that connecting Namanga in Tanzania to Nairobi, a nine-hour journey. Because the children usually lack the appropriate paperwork, bribes are paid at the border by their handlers. Although the article does not mention this, the implication is that bus drivers must be aware of the trade and are therefore acting as facilitators of TIP. Tinti and Westcott163 report on the large flows (estimated to be in the hundreds of thousands) of migrants from all over SSA into Libya on their way to Europe. The authors report the findings of qualitative research with transporters who are involved in migrant smuggling on the northern route into Libya, which passes through Niger. This route, estimated to be used by approximately 8,000 people every month, is utilised primarily by migrants from West Africa. Owners of Toyota pick-up trucks transport migrants from Agadez in Niger across the border to Sebha in Libya, usually in convoys of between 50–80 vehicles, each carrying up to 35 passengers. The journey takes around four days. Charges made by pick-up truck drivers range from US$200–360, depending on the final destination. Moving migrants from A to B is usually the transporters’ primary business and these individuals see themselves as self-employed entrepreneurs rather than part of a large organised network, and involved in the trade due to the lack of alternative employment options. A second category is Libyan truck drivers who smuggle both goods and people along this route. This form of transport is slower, taking between 8–10 days and cheaper (US$140–180 one way). In this case, migrant smuggling is supplementary to the drivers’ core business. Approximately 8–25 migrants are carried at any one time. These transporters make a great deal of money and feel that their responsibility ends at the destination point. The fact that many of their passengers experience some form of TIP once in Libya was seen as outside their control and responsibility. Although written from a people smuggling perspective, this is one of the few pieces of research that examines the role of transport sector actors in facilitating TIP. According to the United Nations Children’s Fund (UNICEF), 164 traffickers in Mali use large trucks or minibuses to transport women and children. The report suggests that many traffickers and intermediaries in Mali are drivers or transport leaders. This is expanded on by Molenaar and Kamouni-Janssen, 165 who discuss irregular migration in Mali, Niger and Libya. The majority of countries in West Africa belong to ECOWAS, which has a free movement protocol. Hence travel to transit hubs such as Gao in Mali and Agadez in Niger is legal as long as migrants have the appropriate documentation. Air-conditioned buses usually charge between US$50–100 for this journey, depending on the source country. However, once the buses cross the border into Algeria or Libya, they move into different legal territory. Irregular migrants will be off-loaded before a bus reaches a checkpoint and told to take a taxi that will assist them to cross through areas lacking border patrol. The buses then reload their passengers on the other side of the border. Some bus companies provide a separate service for migrants and non-migrants, indicating that the practice of facilitating irregular migration is formalised and well-organised. Bus drivers are usually required to pay bribes in order to move quickly through police checkpoints. Drivers collect contributions from passengers in advance in order to reduce stopping and waiting times, again showing a level of pre-planning and organisation. The report looks at some of the links between bus company owners, the political system and criminality. For example, in Niger the bus company 3STV was owned (up until 2016) by Elhadj Chérif Ould Abidine, who was allegedly involved in the international drugs trade and was also a politician. Also in Niger, Rimbo Transport Voyageurs, owned by Mohamed Rhissa Ali, one 31 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING of the President’s main financial backers, services routes all over the region. The implication is that engaging with transport sector actors in a context where they openly facilitate TIP, benefit from very substantial returns, and use passenger service vehicles as a cover for other criminal activities (drugs or weapons trafficking) will be risky and challenging. Aransiola and Zaraowsky166 discuss TIP in South Africa. The research identifies a plethora of individuals who play a part in trafficking, including recruiters who may present as labour brokers; transporters who may or may not be aware of their involvement; business owners, including brothel, club and massage parlour owners; doctors who provide health care to victims; and the end users. The authors describe a process called ‘Pay Forward’ where traffickers (i.e. transporters) pretend to call family members of the victim to inform them of the price of a transfer. These conversations reassure victims that their journey is legitimate. This example suggests that some transport sector actors knowingly participate in TIP, helping to dupe the victim into believing that they are in safe hands. It also indicates that some trafficking victims may be unaware that they are being trafficked during transportation. These findings indicate that some transport operators are fully complicit in TIP. This challenges the widespread assumption that many drivers and related staff are unaware of TIP and of their role in the process. Transport Operators’ Role in Fuelling Demand for TIP Some of the literature focuses on transport operators’ role in creating demand for TIP, as opposed to their role as facilitators of TIP. For example, ECPAT167 discusses the rise in demand for child commercial sex workers in Tanzania. It is observed that demand is growing around truck stops along the highways, as well as in other locations (e.g. mining and fishing sites and in the agricultural sector). Children and their parents are promised employment as domestic workers (‘house girls’) or bar maids but then sold on to brothels, guesthouses or left to live on the streets where they are exploited. The role of truckers and other long-distance transport operators in creating demand for this trade is implied. Kamazima, Kazaura and Mangi168 report that sex trafficking to Mutukula, a small town in Missenyi District, Kagera Region, Tanzania increased during a period when there was an increase in truck drivers passing through. Uganda Youth Development Link169 recognise that the commercial sexual exploitation of children is prevalent at truck stops along major transportation routes. Stopover points for truck drivers lead to the sexual exploitation of children. This categorises transporters not only as facilitators of trafficking but also as customers. The authors also point to the role played by truck drivers in trafficking children for sexual exploitation. Some drivers bring girls to Bugiri, Uganda from Kenya and rent rooms for them there. When drivers are there, they sexually exploit these children and when they are absent, the girls are forced to operate as sex workers. Nyangena170 highlights the growth in demand for sex workers along major transport routes in East Africa and links this to TIP. An interview with a research respondent, a truck driver who uses the Rwanda–Uganda– Kenya–Somalia transport corridor, indicated that truck drivers play a key role in helping to fulfil demand for sex workers by transporting trafficking victims along this route. Transport-related Anti-Trafficking Interventions Zimmerman, Hossain and Watts171 present a Stages of Trafficking Model. This divides the TIP process into five stages: (1) pre-departure/recruitment, (2) travel and transit, (3) destination, (4) detention/deportation and criminal evidence, and (5) integration/reintegration. They argue that the travel and transit stage is often the stage at which victims begin to experience the negative physical and mental manifestations of exploitation and abuse (e.g. threats of violence, sleep or food deprivation, or perilous travel conditions). The authors advocate for intervention at all five stages. When a trafficked person is in captivity, hotlines or health workers trained to screen patients for signs of trafficking have proved promising in some contexts. The authors note that at the travel and transit stage well-informed transport operators may be able to play an important role in detection and prevention activities. These activities should take place across borders. This paper was written in 2011. Since then, it appears that the authors’ rallying call has not translated in any substantive way into practical transport-related anti-TIP interventions in Africa, although a considerable amount of work has been done in the US on this issue (see below). 32 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING A 2002 report by UNICEF172 includes a case study on the role of transport unions in Mali in counter-trafficking activities. Although outside the date range for the literature review, the report was included because it is one of the few documents that focus (albeit briefly) on the role of transport sector actors in anti-trafficking efforts in Africa. In Mali, the main transport modes used in trafficking are large trucks or mini buses and many traffickers are drivers or individuals who lease vehicles. Many of these individuals are members of transport workers’ unions, and some have even created unions. Mali’s National Action Plan against TIP therefore emphasised the role of transport workers’ unions in trafficking control and surveillance in the early part of the decade. The report warns that the transport sector in Mali is disorganised and hence involving this sector in anti-trafficking efforts will be challenging. It is also advised that drivers need to be sensitised on the rights of children and in TIP before the unions are involved. In a news article, the ILO173 reports that bus stations are hubs for TIP with children transiting from Burkina Faso to Cote d’Ivoire to work in mines, farms, as domestics, or to undertake other informal work. The article describes how the Road Transport Union of Burkina Faso is working with the ILO to combat TIP, by raising awareness among bus drivers. One bus driver is reported as saying: “I used to transport trafficked children because bus driving alone didn’t pay enough. My conscience got to me – I am Muslim, and with the awareness-raising campaign, I realised that I needed to abandon this.” This is a rare example of an African initiative that specifically targets the transport sector as part of a strategy to combat TIP. A status update report produced by the Uganda Co-ordination Office for the Prevention of Trafficking in Persons174 in 2016 mentions the need to sensitise transport operators (and hotel and restaurant operators) on the Uganda-Kenya border at Busia about the consequences of trafficking and their role in prevention. This is one of the few documents that highlight the role of transport actors in TIP prevention. Aronowitz175 calls for improved regulation of businesses involved in TIP and advocates for improved government legislation and consumer and employee advocacy. The US Truckers against Trafficking (TAT) initiative is discussed. This NGO initiative began in 2009 and focuses on teaching truck drivers about the impact of human trafficking. TAT’s primary focus is on sex trafficking. Industry training programmes are offered and the organisation has developed many resources for the trucking and bus industries. The training focuses on drivers, trucking schools, the truck stop industry and trucking associations. TAT provides an online training facility for truckers who can become a Certified Trucker Against Trafficking. Training has been expanded to cover school bus drivers through the ‘Busing on the Lookout’ programme. As of 2020, 97,000 school bus drivers and 943,400 truckers had received TAT training.176 Cornell, Jones and Williams177 highlight the anti-TIP public awareness-raising campaigns undertaken by various departments of transport in parts of the US. They also highlight the launch of the Blue Campaign in 2010 by the US Department of Homeland Security. This aims to counter TIP through greater public awareness, training, provision of assistance to victims and criminal investigation of cases. The Blue Lightning Initiative trains flight attendants to recognise and respond to suspected TIP cases. Amtrak railway workers have also been trained as part of the campaign. As a result of a partnership between the Department of Homeland Security and two bus and coach associations (American Bus Associations and United Motor Coach Association), Greyhound (an intercity bus provider) began the process of training all its drivers in 2019. Transit hubs across the US display posters on identification signs for TIP. Law enforcement officials with a public transportation remit have also been trained in TIP awareness and may set up checkpoints or inspect buses to look for traffickers or victims. Between 2007–2017, the National Human Trafficking Hotline in the US, operated by the Polaris Project, received over 75,000 tips about potential TIP cases. In summary, there are very few documented examples of anti-TIP interventions implemented by the transport sector in Africa. Many of the examples are from the United States. 3.2.6 Human Trafficking and COVID-19 3.2.6.1 Introduction This research into the linkages between HVT corridors and human trafficking is being implemented during an unprecedented global pandemic. As of August 2020, 181 of 193 countries had reported cases of COVID-19. Globally, over 25 million cases have been reported and there have been 843,000 deaths.178 It is therefore imperative that up-to-date information on the linkages between COVID-19, TIP and transport companies and 33 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING operators is examined and implications for future phases of the research are considered. The literature review therefore examined emerging information and data on COVID-19, human trafficking and the transport sector. 3.2.6.2 Findings COVID-19 has imposed unprecedented restrictions on trade, transport and the movement of people across SSA. Several reports have predicted that this will result in an increased number of vulnerable persons and increased vulnerability to TIP due to job losses, economic pressures, decline in working conditions, travel bans or situations in which individuals are stranded across international borders. 179,180,181 The World Bank predicts that COVID-19 is likely to push an additional 49 million people into poverty, 182 while the ILO predicts that 5.3– 24.7 million people will become unemployed,183 both of which would be major push factors of TIP. The World Food Programme has also estimated that over a quarter of a billion people are likely to face acute hunger by the end of 2020, nearly double the current number.184 According to Flynn, cited by Anti-Slavery, migrants are more likely to work for fraudulent employers or agencies during crises such as COVID-19.185 McAdam helps develop this argument, arguing that a visa may limit workers to a particular sector or job, making finding a new job challenging. Finding alternative work during COVID-19 could push these vulnerable workers into risky or hazardous working conditions.186 This is especially so when migration routes to return home may have shut down and xenophobia and discrimination increase these overseas workers’ vulnerability.187 Those who have lost jobs are unlikely to be protected by any benefits or safety nets, leaving them in increasingly desperate situations. 188 Undocumented migrants face even more severe consequences due to their fear of being reported and, for some, entrapment in ‘debt-bondage’.189,190 Current victims of trafficking are also expected to face increasingly poor living and working conditions, as well as poor access to health care. 191,192 Certain activities such as sex work, for example, may be moved ‘underground’, making working conditions increasingly risky and significantly less visible.193 Those facing increased ‘push factors’ to migrate due to COVID-19 may also face the closure of regular migration routes, leading to an increase in the number of migrants having to rely on smuggling and TIP.194 Giammarinaro195 and McAdam196 have specifically warned that some children will face increased vulnerability to sexual exploitation due to school closures leaving them unattended, economic pressures leading to school drop-outs and increased demand in pornographic content. Anti-Slavery also claim that children face increased risk of child marriage and child labour as families become desperate to survive.197 Women and girls, having generally poorer economic status and representing a larger proportion of informal sector workers, are also likely to be more heavily impacted than men or boys.198 Several reports have commented on trafficked or enslaved persons’ increased risk to contracting COVID-19. The poor and overcrowded living conditions of enslaved communities combined with their poor underlying health and nutrition status, lack of access or means to purchase personal protective equipment, and lack of ability to understand or access sensitisation messages leave them very vulnerable to COVID-19. 199,200 Organisations that once offered care or support to victims of TIP may have been adversely affected by the pandemic and closed their offices. Efforts to identify TIP cases and victims may have been compromised by movement restrictions on public officials. According to Anti-Slavery, COVID-19 may also be causing an increase in the purchasing of products from suppliers using forced labour, increasing their demand for (illegal) workers. Increasing trends of exploitation are already emerging in agriculture, as food sourcing remains a global priority.201 Transnational heavy goods vehicles have also been facing severe repercussions during the COVID-19 crisis. Due to delays at border control, drivers have faced tailbacks that sometimes delay their trips by several days. Some drivers have faced discrimination due to positive COVID-19 tests, increased security threats, a lack of access to essential services such as rest stops and hotels, and restrictions on sharing their cabin with additional drivers.202 These conditions could have an impact on their salaries as well as their mental/social health, and lead to an interest in generating supplementary income or an increased demand for sex. Organised crime syndicates may also be using the cover of COVID-19 to boost their activities. For TIP, this could include an increased number of exploited persons. This could lead to the recruitment of an increased numbers of transporters. Worsnop has observed similar trends during the outbreak of disease, where an 34 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING increase in TIP risk factors such as a deterioration in the rule of law, diminished economic opportunity and an increase in deaths leads to a stark increase in the number of persons vulnerable to TIP and in TIP outflows.203 3.2.6.3 Implications for the Next Phase of the Research It is probable that COVID-19 has increased incentives for both potential victims and the transport sector to engage in TIP activities due to loss of income, restrictions on movement and increased opportunities for exploitation. It is therefore more important than ever to understand the role of HVT corridors in TIP. The transport industry could see increased demand for the transportation of victims or engagement in activities that rely on the exploitation of vulnerable persons. The planned implementation research will therefore integrate questions on COVID-19: how it is influencing the push factors for TIP from the perspectives of victims, how it affects their experience of the TIP transport process, and how it is increasing incentives for traffickers to engage in the practice. It is hoped that this information can be used by local governments, associations and international organisations to better prevent TIP and protect victims during the current pandemic. 4. Conclusion 4.1 Overview The literature review examined how transport is discussed in the TIP literature. Overall, very few resources were identified and, in most cases, transport was not the primary focus of the papers identified. In terms of TIP legislation, some laws do mention transport and transport actors, including the Palermo Protocol and the EAC Counter-Trafficking in Persons Bill, although the latter has yet to gain assent. However, these provisions have not yet inspired new anti-trafficking research or influenced anti-TIP implementation activities. The disproportionate emphasis placed by affected countries on improving law enforcement and criminal justice responses, as opposed to addressing prevention has, perhaps, shifted attention from the role of the transport sector in helping to combat TIP. Having examined how transport is discussed in the TIP literature, another question is the extent to which TIP is discussed in the transport literature. Over the period 2007–2019, 13,000 kilometres of regional highways, on 17 road corridors, were built in Africa with US$8 billion in funding from the African Development Bank. Over the same period, 26 One Stop Border Posts were built to facilitate the movement of goods and people.204 Substantial investments in Africa’s transport infrastructure are therefore being made at a time when TIP is increasing on the continent. Yet it appears that few transport sector documents consider TIP to be among the potential negative externalities of transport infrastructure projects. For example, Roberts, Melecky, Bougna and Xu205 undertook a meta-analysis of 234 estimated impacts from 78 studies of transport infrastructure projects. This included roads, rail transport corridors and waterways. The analysis identified positive economic welfare and equity impacts, but negative impacts for social inclusion. TIP was not highlighted in the study as an important negative externality of transport corridors. Hence there appear to be gaps in both the TIP/migration and transport literature: the transportation of TIP victims is not discussed in any substantive way in the TIP literature, while the transport literature does not frame TIP as a potentially important negative externality. It is clear that more research is needed on this topic. 4.2 Gaps in the Literature Based on the findings of this literature review, key gaps in the literature include: • The role of transporters as traffickers: how they are recruited, who they work for, what motivates them to facilitate TIP, gains from their involvement, perceived risks, and how they fit within wider networks of traffickers; • The respective roles of long-distance versus short-distance transport operators in facilitating TIP along transport corridors; • Policy makers’ and others’ perspectives on the policy and other changes that could reduce TIP along HVT corridors and whether these changes would shift the problem elsewhere; 35 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND POTENTIAL SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING • The extent to which drivers and other transportation staff who facilitate TIP are acting independently or with the knowledge and compliance of the organisations that employ them; • Perceptions of policy makers on how the transport-related provisions of anti-trafficking legislation can be operationalised in practice; • Understanding of transport sector actors of the transport provisions within the TIP legislation; • The extent to which, and how, the involvement of transport sector operators in TIP is affected by COVID19 and also how COVID-19 is affecting victims’ experiences of the transportation aspects of TIP; • The potential role of transport associations and unions in combatting TIP, and opportunities and constraints, depending on the nature and level of organisation of, and cohesiveness within, the sector; • The volume of TIP along long-distance transit routes, and where a pilot intervention could potentially have the greatest impact; • Victims’ experiences of the transit stage of TIP, and the impacts on their health, well-being and security; • Level of awareness of communities along HVT corridors of the scale, process and impact of TIP and whether these communities play a role in facilitating the process. The research gaps listed above provide a starting point for the design of the primary research, which comprises the next stage of the research project. 36 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING APPENDIX A: ANNOTATED BIBLIOGRAPHY 1. Transport Reference Abstract African Development Bank (2019) Cross Border Road Corridors: The Quest to Integrate Africa. Available from: https://www.afdb.org/fileadmin/uploads/afdb/D ocuments/Publications/Crossborder_road_corridors.pdf. (date accessed 31/07/20) This document outlines the role played by cross-border road corridors in Africa’s regional integration and economic development. These routes improve transport communications, provide access to ports for landlocked countries, and promote international and intra-regional trade by reducing transport and shipping costs and transit time for goods. The corridors help to attract foreign investment and contribute to poverty reduction by increasing access to markets. The report outlines the African Development Bank’s (ADB) role in funding the development and construction of regional corridors including the Northern Corridor which links Kigali, Rwanda to Kampala to Mombasa (one of the HVT corridors that will be the focus of the research study, the other being Dar es Salaam in Tanzania to Bujumbura, Burundi). Over the period 2007-2019 13,000 km of regional highways, on 17 road corridors were built in Africa with $US 8 billion in funding from the ADB. In addition, 26 one-stop border posts have been built. The report does not examine the negative externalities of cross-border road corridors including their role in facilitating TIP. Aransiola, J and C. Zaraowsky. (2014). “Human Trafficking and Human Rights Violations in South Africa: Stakeholders’ Perceptions and the Critical Role of Legislation”. African Human Rights Law Journal 14 (2): 509-525. This article reports on primary research into TIP in South Africa, a country that enacted the Prevention and Combating of Trafficking in Persons Act in 2012. Johannesburg, Pretoria and Cape Town are major destinations for irregular migrants to South Africa, while Musina, a border town, is a major point of entry. The research identifies a plethora of individuals who play a part in trafficking, including recruiters who may present as labour brokers; transporters who may be aware or unaware of their involvement; business owners, including brothel, club and massage parlour owners; doctors who provide health care to victims; and the end users. There are many well-organised TIP syndicates (e.g. South African, Chinese, Russian, Zimbabwean, Nigerian) operating in the country. Ngumaguma or Malaisha trafficking syndicates pretend to assist people to cross into South Africa from Zimbabwe. The authors describe a process called “Pay Forward” where traffickers (i.e. transporters) pretend to call family members of the victim to inform them of the price of a transfer. These conversations reassure victims that their journey is legitimate. This example suggests that some transport sector actors knowingly participate in TIP, helping to dupe the victim into believing that they are in safe hands. It also indicates that some trafficking victims may be unaware that they are being trafficked during transportation. Aronowitz, A.A. (2019). “Regulating business involvement in labor exploitation and human trafficking.” Journal of Labor and Society 22 (1): 145-164. This paper looks at human trafficking through a labour exploitation perspective and the role of business supply chains and the service industry. Specifically, it also looks at regulating this through (a) stakeholder initiatives (b) government legislation and (c) consumer and employee advocacy. Reference is made to specific cases, although there is no focus on Uganda or Tanzania. Truckers against Trafficking is discussed as a US initiative. 37 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract Barasa, N. and L. Fernandez (2015). “Kenya’s implementation of the Smuggling Protocol in response to the irregular movement of migrants from Ethiopia and Somalia”. Law, Democracy & Development 19:29-64. This article assesses Kenya’s progress in the implementation of the 2004 UN Protocol Against Smuggling Migrants by Land, Sea and Air, referred to as the ‘Smuggling Protocol’, specifically focusing on the southward movement of migrants from Ethiopia and Somalia. The article focuses largely on refugees, asylum seekers and economic migrants (i.e. those that have consented to be smuggled) but recognises some overlap between smuggling and trafficking in that smuggled persons are vulnerable to exploitation and in some cases human trafficking particularly due to their illegal status having crossed an international border. The ‘Smuggling Protocol’ does not however acknowledge this overlap. Where trafficking is referred to, the article points to trafficking in persons as being distinct from smuggling in that the victim is often subject to deception, servitude and threats. In many cases trafficked and smuggled persons are moved together. Unlike trafficking, the smuggling includes a transnational element. This article mentions taxis, buses and trucks and commonly used modes of transportation for smuggled and trafficked persons but does not discuss transport in any detail. Kenya’s Prevention of Organised Crimes Act 2010 syncs with the United Nations Convention Against Transnational Organized Crime but falls short in protecting victims. Davy, D. (2017). Unpacking the Myths: Human smuggling from and within the Horn of Africa. RMMS Briefing Paper 6 Danish Refugee Council. Available from: https://reliefweb.int/sites/reliefweb.int/files/res ources/RMMS%20BriefingPaper6%20- %20Unpacking%20the%20Myths.pdf This briefing paper provides insights into the migrant smuggling phenomenon which occurs within and from the Horn of Africa through a unique longitudinal monitoring approach which relies heavily on RMMS Mixed Migration Monitoring Mechanism Initiative (4Mi) data. Data shows that around 73% of migrants use smugglers at some point through their journeys. Smugglers are increasingly organised and use sophisticated networks within and cross-country. These networks include transporters, who often transport migrants to a border or an agreed destination, where they are then taken up by another smuggler for further transportation. Depending on the routes and the destination, smugglers’ groups take the form of transnational organised crime groups, which are in close communication with each other and co-ordinate activities. The paper describes the conditions of migrants smuggled through airless, tight containers and overcrowded boats. They often lack access to food and water which can result in fatalities in transit. The paper assesses current policy responses to migrant smuggling which mostly focus on increased border control, and capacity building of immigration officials. Legislation is largely inappropriately implemented. The author calls for more nuanced responses that address the complex determinants of large migration flows and population movement in and through the region. Department of Transportation Advisory Committee on Human Trafficking (2019). Combatting Human Trafficking in the Transport Sector. Available from: https://www.transportation.gov/sites/dot.gov/fi les/docs/mission/administrations/officepolicy/343931/acht-final-report-section-508- compliant.pdf. (date accessed 24/08/20). This report focuses on strategies to combat human trafficking through transport in the US through the Department of Transportation Advisory Committee on Human Trafficking. This is a multimodal initiative to address counter trafficking strategies, best practices, data collection, information sharing, technology and legislative changes. The report makes the case that transportation employees play a crucial role in identifying and reporting potential instances of human trafficking, especially when transport workers intersect with trafficking victims. The report contains several counter-trafficking best practice tools that public and private transportation stakeholders can implement. This includes technologies, training and awareness campaigns, recommendations 38 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract for government bodies, states, industry, NGOs and transport authorities, implementation guides such as for buses and motor coaches, mass transit, rail and trucks and truck stops, and sample policies, legislation and materials. It also references various initiatives involved in countering human trafficking. ECPAT. (2013). Global Monitoring Status of Action Against Commercial Sexual Exploitation of Children, Tanzania. Available at: https://www.ecpat.org/wpcontent/uploads/2016/04/a4a_v2_af_tanzania_ 4.pdf. (date accessed 17/08/20). This 2013 report looks at the commercial sexual exploitation of children in Tanzania. The role of TIP in this trade is explored. Tanzania has over two million orphaned or abandoned children and only 8% of under-fives have birth certificates. These factors plus growing poverty, the rapid increase in the numbers of street children in urban areas, and expansion of tourism, leave many children susceptible to exploitation. Although domestic forced labour of children is mentioned as Tanzania’s largest domestic trafficking problem, the demand for child commercial sex workers is said to be increasing and is evident in major cities (i.e. Arusha, Mwanza, Geita, Dar es Salaam, Mbeya and Dodoma). Rates are high around truck stops along the highways, in mining and fishing sites, and in the agricultural sector. Domestic trafficking (from rural to urban areas) feeds the trade. Children and their parents are promised employment as domestic workers (‘house girls’) or bar maids but then sold on to brothels, guesthouses or left to live on the streets where they are exploited. It is common for internal trafficking to be facilitated by friends or family members. Cases of child trafficking for commercial sexual exploitation are increasing along the Kenya-Tanzania border. The report cites an International Organisation for Migration (IOM) study undertaken in 20081 which found an increase likelihood of being trafficked was associated with lower levels of education for girls, the death of one or both parents, and proximity to busy roads (i.e. more trafficked persons than nontrafficked persons (7% versus 58%) lived within 10 kilometres of a tarmacked road. This is one of the few studies that look at the relationship between TIP and roads. ILO (2017) Burkina Faso: A New Life for Trafficked Children. ILO website. https://www.ilo.org/global/about-theilo/multimedia/video/video-newsreleases/WCMS_082569/lang--en/index.htm. 15.03.17. (date accessed 20/08/20). This news article reports that bus stations are hubs for TIP with children transiting from Burkina Faso to Cote d’Ivoire to work in mines, farms, as domestics, or to undertake other informal work. The article describes how the Road Transport Union of Burkina Faso is working with the ILO to combat TIP, by raising awareness among bus drivers. One bus driver is reported as saying: ”I used to transport trafficked children because bus driving alone didn’t pay enough. My conscience got to me - I am Muslim, and with the awareness raising campaign, I realised that I needed to abandon this.” This is one of the few examples of initiatives that specifically target the transport sector as part of a strategy to combat TIP. International Organization for Migration (2018). Assessment Report on the Human Trafficking Situation in the Coastal Region of Kenya. Available from: http://kenya.iom.int/sites/default/files/ASSESS MENT%20REPORT%20ON%20HUMAN%20TRAFF ICKING%20SITUATION%20%20- This reports on an assessment undertaken in Mombasa, Kilifi and Kwale (based on a literature review, stakeholder workshops, informant interviews and case studies). Kenya is used as route of transit and destination for human trafficking and smuggling of migrants due to its stability and infrastructure and economy. The coastal region of Kenya is a major destination and origin for TIP due to both push and pull factors, and is increasingly involved in TIP to 1 IOM. (2008). Human Trafficking in Eastern Africa. Research Assessment and Baseline Information in Tanzania, Kenya, Uganda and Burundi. Available at: https://publications.iom.int/system/files/pdf/kenyahumantraffickingbaselineassessment.pdf. (date accessed 17/08/20). 39 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract %20COASTAL%20REGION%20KENYA%20REVISED %20LOWRES%2023072018%20F_0.pdf. (date accessed 23/08/20). the Middle East. Child trafficking constitutes the main category of cases reported in the country (for domestic labour, farming, fisheries, street begging, and sex work), and is particularly evident on the coast. Tourism has contributed to TIP. Many victims intend to migrate to other countries or areas within Kenya but find themselves trafficked through agents. Migrant smuggling often becomes trafficking within the coastal region, where victims are in unfamiliar territory. Victims, if not from Kenya, were often found to be from Ethiopia, Rwanda, Burundi, Somalia, Tanzania (38%) and Uganda (8%) and travelling to or through Kenya. Those travelling towards Southern Africa typically cross into Kenya near Moyale and move toward Southern Africa via road. Forty percent of victims reported their means of transport to South Africa included a bus, and 17% reported that it included a lorry or truck. In the majority of cases, transport was arranged by an employment agency. The use of boda boda in TIP is also on the rise, especially in Tanzania and Uganda. A route from Mombasa travels southwards along the coast to Tanzania. Smuggled migrants along the Southern route have reported kidnapping, extortion and labour and sexual exploitation, blurring the lines between smuggling and trafficking. Recommendations include addressing root causes, public private sector partnership, sensitisation, capacity building of stakeholders, law enforcement, co-ordination, and additional research. International Organization for Migration (2008). Human Trafficking in Eastern Africa: Research Assessment and Baseline Information in Tanzania, Kenya, Uganda and Burundi. Available from: http://kenya.iom.int/sites/default/files/Human_ Trafficking_in_Eastern_Africa.pdf. (date accessed 20/08/20). This report presents a literature review on TIP in East Africa and the findings of a qualitative research study based on a sample of 1,916 victims of TIP and traffickers/proxy traffickers in Tanzania, Uganda, Kenya and Burundi. The study looks in detail at where victims moved from and to, the push and pull factors for TIP in each country, the way in which victims were approached by traffickers (e.g. promises of employment and a better life; by force etc), and the type of work that victims were promised and what they were given. This is one of very few pieces of Africa-focused research that examine the mode of transport used by victims. The majority of victims of trafficking travelled by public transport including bus, taxi (in Uganda) and ferry (in Tanzania). Respondents in Uganda and Burundi reported that an individual or organisation had arranged their transport, while 11% of Kenyans and 23% of Tanzanians indicated they had made their own way to a destination. Some traffickers gathered together a large group of victims and transported them at the same time, perhaps to reduce the risk of undertaking multiple journeys. In Uganda 58% of victims indicated that they had travelled in this way. However, none of the interviews with traffickers were with transport sector actors. Rehabilitation staff in all four countries were asked to feed back on the health risks encountered by trafficking victims during four stages of the trafficking process: during recruitment, transit, at the destination and upon return. In Tanzania this included: anxiety, HIV/STIs, stomach aches, headaches, malaria, typhoid, injuries related to mode of transport (e.g. road travel, travel in cargo vessels). In Uganda this included: emotional disturbance, rape, STIs, malaria, nausea, violence, sleeping problems, hopelessness, suffocation, drug abuse, wounds, and sexual exploitation. These health risks occurred during transit (i.e. during the transportation process and any periods of resting or waiting during the journey). This is one of the few studies that have examined the health risks of trafficking during transit. Further 40 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract research into the health risks during transportation would help to fill a gap in the literature. International Organization for Migration (2016) Migrant Smuggling Data and Research: A global review of the emerging evidence base. Available from: https://publications.iom.int/fr/system/files/smu ggling_report.pdf#page=69. (date accessed 16/08/20). This report reviews the data on migrant smuggling globally. The blurred line between people smuggling and human trafficking is recognised. When smuggling starts to involve coercion and exploitation a migrant may find themselves in a trafficking situation. A chapter on East Africa outlines different smuggling routes and the plethora of individuals involved in the smuggling process: brokers and agents, facilitators, recruiters (who may be family or friends), travel agents, and transporters. The lack of reliable data on human smuggling is noted. It is noted that migrant smuggling and human trafficking data tend to be reported together, despite the fact that legally there are clear distinctions between the two. Johnson, K (2019). Supplying Slaves: The Disguise of Greener Pastures: An Exploratory Study of Human Trafficking in Uganda. Independent Study Project (ISP) Collection. Available from: https://digitalcollections.sit.edu/isp_collection/3 052/. (date accessed 31/07/20). This 2019 report contains a series of interviews with anti-trafficking stakeholders in Uganda, including personnel from the Office of Directorate of Public Prosecutions; Uganda Association of External Recruitment Agencies; civil society organisations; Ministry of Foreign Affairs; and trafficking victims on the nature and extent of TIP in the country. A key finding is the lack of information and understanding of TIP among the general public. It is suggested that the long-standing cultural practice of placing children or young adults with extended family members to improve their education and other opportunities is being abused by networks of traffickers. TIP is frequently hidden in Uganda and tends to be incorrectly defined by law enforcement officials (e.g. trafficking for sexual exploitation is defined as ‘rape’; child trafficking is defined as ‘child stealing’). A case study of a trafficking survivor details the variety of transport modes used in a journey from Mukono (east of Kampala), to Kampala to Mbale to Lwakhakha, Uganda and then over the Kenyan border to Nairobi airport to Mumbai and on to Jordon. Several taxis were used to Lwakhakha, a boda boda was used to cross the border, a taxi was used to transport victims of trafficking to Nairobi and then two flights were taken to Mumbai and then on to Jordon. This is one of the few documents identified in the literature search that document (albeit briefly) how victims of trafficking are transferred from their homes to the trafficking destination. Kamazima, S.R, M.R. Kazaura, E.J Mangi and C.A Kamazim (2018). “Internal Trafficking in Persons in Tanzania: Qualitative Evidence from the Tanzania-Uganda Borderlands, Kagera Region”. BAOJ HIV 4 (1): 032. This article highlights that internal trafficking for domestic work, construction, mining, agriculture is widespread in Tanzania, and cross-border trafficking is a growing business. The article reports on qualitative research with TIP victims and community members from the Kagera border region. The study findings suggest that information about work opportunities is commonly provided by relatives or persons known to a victim and local officials and teachers often step in to provide false identity cards or school completion certificates. Hence TIP is facilitated by large networks of local people. In general, public knowledge of TIP legislation is very low and hence trafficking is not viewed as a crime, leading to nonreporting or under-reporting of cases. Case studies of trafficking victims indicate that TIP is widespread in the region with poverty acting as a strong push factor. Although the article focuses on the large networks of individuals who facilitate TIP, individuals who transport victims are not a primary focus. However, the article does mention that sex trafficking to Mutukula, a small town in Missenyi 41 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract District, Kagera Region increased during a period when there were more truck drivers passing through. In this case, transporters helped to increase demand for TIP to this area. Kigai, E (2013). Kenya-Tanzania: Trafficking handicapped children and the economy of misery. The Africa Report Online Newspaper https://www.theafricareport.com/5476/kenyatanzania-trafficking-handicapped-children-andthe-economy-of-misery/. 29/07/13. (date accessed 20/08/20). This news article reports on the way in which disabled Tanzanian children have been trafficked to Kenya along major bus routes such as that connecting Namanga in Tanzania to Nairobi, a nine hour journey. Because the children usually lack the appropriate paperwork, bribes are paid at the border by their handlers. Although the article does not mention this, it implies that bus drivers must be aware of the trade. On arrival in Kenya, the children are housed and then taken out to beg on the streets every day where they can earn up to US$35. There are cases where very young children (e.g. toddlers) are hired (for about Sh500, or US$6 per day) by women who pretend to be their mothers and then beg with the child. The children are returned at the end of the day. All money raised goes to the children’s handlers and they are given food and accommodation, and sometimes promised mobility aids such as wheelchairs (which do not materialise). An interview with one disabled child indicated that he had been abandoned by his mother at a very early age and had few options open to him. Kiss, L., A. Davis, D. Fotheringhame, A. McAlpine, N. Kyegombe, L. Abilio, and J. Mak (2019). The Trafficking of Girls and Young Women: Evidence for Prevention and Assistance. Plan International. Available at: https://planuk.org/file/trafficking-of-girls-and-youngwomen/download?token=gXqs11ip (date accessed 22/08/20). This report discusses the vulnerability of girls and women to TIP. This is attributed to social norms and stigma, their higher vulnerability to violence and their trafficking into ‘invisible sectors’. It explores their risk factors, and the challenges and types of exploitation they may experience at various stages of migration. Plan International investigated trafficking of girls and women in Nepal, Nigeria and Uganda using IOM data, interviews with girls and women who had been trafficked and policymakers and service providers. A literature review was also carried out. Specifically for Uganda the report discusses the vulnerabilities of girls and women. It mentions young children as being particularly vulnerable to labour exploitation, and adolescents and youth being vulnerable to sexual exploitation. Transnational trafficking (less common) is most commonly to South East Asia or the Middle East. Drivers of trafficking are discussed, as well as the trafficking recruitment process, trafficking conditions and Ugandan policy and interventions. The paper includes case study material, some of which mention the use of boda bodas and taxis in the trafficking process. Majidi, N. and L. Oucho (2016). East Africa. In McAuliffe M and F. Laczko (eds). Migrant Smuggling Data and Research: a global review of the emerging evidence base. Chapter 3: pp. 55- 84. International Organisation for Migration (IOM). Available from: https://publications.iom.int/fr/system/files/smu ggling_report.pdf#page=69. This report looks at the extent to which data and research on migrant smuggling is collected, reported and undertaken globally. The idea is to provide a useful benchmark with which to compare progress in five to ten years’ time. Part of the report focuses on East Africa, which has become a major transit hub for illegal migration and smuggling. The paper provides useful tables and figures describing the common routes employed by smugglers, within and outside the region. It discusses smuggling modes of transportation, including sea, land and air. It also describes the characteristics of smugglers and smuggled migrants. There is a useful description of transporters as part of the smuggler networks, as being taxi, bus and lorry operators, as well as bush guides, who accompany migrants through irregular crossings and borders. 42 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract Mbalamwezi, T (2016). International Obligation in Preventing Trafficking in Person: An Examination of the Anti-Trafficking Law in Tanzania. A Dissertation submitted in Partial Fulfilment of the Requirement for the Award of Masters of Law (International Law) of Mzumbe University. Available from: http://scholar.mzumbe.ac.tz/handle/11192/214 6. (date accessed 31/07/20). This dissertation looks at Tanzania’s legal obligations to address TIP. It examines domestic legislation and international and regional treaties with an anti-trafficking component that have been ratified by Tanzania. The government has ratified the 2000 Palermo Protocol and enacted the 2008 Anti-Trafficking Act. Other international human and child conventions include the United Nations Convention on the Rights of the Child (UNCRC), the African Charter on the Rights and Welfare of the Child (ACRWC), the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Pornography, the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, and ILO Convention NO 182 on the Worst Forms of Child Labour of 1999. The paper asks whether this legal framework is adequate to address the TIP problem in the country. This question is explored in qualitative research with 145 respondents including victims of trafficking and a small number of traffickers. This is one of very few studies that mentions the use of transport (mainly buses but also trains, ferries, ships and lorries) to move trafficked persons. However, the sample size of traffickers interviewed is small. Mechlinski, T. (2016). “Making Movements Possible: Transportation Workers and Mobility in West Africa” International Migration 54 (1): 119- 136. This article reports on a multi-country (Burkina Faso, Cote d’Ivoire, Mali, Ghana) study into the role that transportation workers play in mobility control in West Africa. The research focused on drivers of passenger transportation vehicles (e.g. station wagons, minibuses, or large tour buses). Many migration studies focus on “home town” and kinship networks and their role in facilitating migration. This research adds a new dimension by studying migration networks from the perspective of transportation agents, security agents (i.e. “non-hometown network participants”) and passengers. The author argues that the three parties operate within a series of structured, institutionalised relationships which supplement the other networks that facilitate migration. The complexity of the relationships between these three actors – the hierarchies of power and how transportation agents create and rely on reciprocity with security agents to ensure the successful movement of migrants is explored. Complex systems of payments and favours (supplying goods purchased across the border, giving gifts of food, arranging for items to be repaired, giving rides to security agents) underpin the relationship. Transportation agents act as important intermediaries between their passengers and security forces, deciding what needs to be paid (in terms of bribes) and when and helping passengers, even those without the required documentation, to complete their journey. The relationship is often complicated by the fact that the drivers themselves may lack appropriate paperwork for their vehicles. The article’s focus on migration as a process rather than a system is new, and fills an important gap in the literature. This is an understudied area in the TIP literature as well. Molenaar F and F.E Kamouni-Janssen (2017). Turning the tide: the politics of irregular migration in the Sahel and Libya. Online report. Available at: https://www.clingendael.org/pub/2017/turning_ the_tide/. (date accessed 21/08/20). This online report focuses on irregular migration in Mali, Niger and Libya. Irregular migrants may become trafficked at some point in their journey and hence there is often a blurring between the two practices. The majority of countries in West Africa belong to ECOWAS which has a free movement protocol. Hence travel to transit hubs such as Gao in Mali and Agadez in Niger is legal as long as migrants have the appropriate documentation. Air conditioned 43 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract buses usually charge between US$50–100 for this journey, depending on the source country. However, once the buses cross the border into Algeria or Libya, they move into different legal territory. Irregular migrants will be off-loaded before a bus reaches a checkpoint and told to take a taxi which will assist them to cross in areas lacking a border patrol. The buses then reload their passengers on the other side of the border. Some bus companies provide a separate service for migrants and non-migrants, indicating that the practice of facilitating irregular migration is well-organised and formalised. Bus drivers are usually required to pay bribes in order to move quickly through police checkpoints. Drivers collect contributions from passengers in advance in order to reduce stopping and waiting times, again showing a level of organisation. The report looks at some of the links between bus company owners, the political system and criminality. For example, in Niger, the bus company 3STV was owned (up until 2016) by Elhadj Chérif Ould Abidine who was allegedly actively involved in the international drugs trade and also a politician. Also in Niger, Rimbo Transport Voyageurs, owned by Mohamed Rhissa Ali, one of the President’s main financial backers, services routes all over the region. Engaging with transport sector actors in a context where they openly facilitate TIP, benefit from very substantial returns, and use passenger service vehicles as a cover for other criminal activities (drugs or weapons trafficking) may be challenging. Nyangena, M.J. (2018). Regional Economic Communities and Transnational Crimes: The Case of Human Trafficking in the East Africa Community. Masters Dissertation, University of Nairobi. Available from: http://erepository.uonbi.ac.ke/handle/11295/10 4824. (date accessed 18/08/20). This study provides an overview of TIP in East Africa. It examines the magnitude of the problem and the legal framework and explores the reasons why there is a gap between policy and practice. The growth in demand for sex workers along major transport routes is mentioned briefly and this is linked to TIP. An interview with a research respondent, a truck driver who uses the Rwanda – Uganda – Kenya – Somalia transport corridor, indicated that truck drivers play a key role in helping to fulfil demand by transporting trafficking victims along this route. Although cursory, this is one of the few documents referencing the role played by transport operators in TIP in the region. Ondieki, J. (2017). Human Trafficking and Its Impact on National Security in East Africa: A Case Study of the Vice in Kenya. University of Nairobi Institute of Diplomacy and International Studies. Kenya. Pp. 1-147. Available from: http://erepository.uonbi.ac.ke/handle/11295/10 3132 (date accessed 20/08/20) This thesis looks at the security implications of human trafficking in East Africa, with a focused look at Kenya and Tanzania. It examines the links between human trafficking and terrorism, organ trade and prostitution. The analysis looks at existing corruption mechanisms which hinder counter-trafficking efforts by security institutions. The study makes recommendations about the need to improve the security architecture in the region, through the establishment of a Regional Commission for Human Rights. The research includes interesting mentions of the transportation element in TIP. Road transport is the most common in the domestic trade of humans, although trafficking victims will often use private cars, taxis and boda boda to avoid road blocks and main transportation routes. Air travel is the most common in cross-border trafficking. Internally trafficked victims are mostly taken to urban areas (67.2%), whereas externally trafficked victims mostly travel to the Middle East (44.5%). Kenya is a country of origin, transit and destination of 44 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract human trafficking, due to its porous borders and widespread corruption of law enforcement officers. Roberts, M, Melecky, M, Bougna, T, Xu, Y (2018). Transport Corridors and Their Wider Economic Benefits : A Critical Review of the Literature. Policy Research Working Paper No. 8302. World Bank, Washington, DC. Available from: https://openknowledge.worldbank.org/handle/1 0986/29212 This literature review looks at the economic benefits of large transport infrastructure projects (road and rail transport corridors and waterways). It reports on a meta-analysis of 234 estimated impacts from 78 studies. It finds, on average, that the economic welfare and equity impacts are positive, but negative for environmental quality and social inclusion. The paper does not discuss the role of transport corridors in TIP and hence misses an important negative externality of these routes. However, it does call for policy makers to think in terms of an optimal “corridor package” – a set of interventions beyond the investment in the infrastructure that amplify the net benefits (and presumably reduce the disbenefits). This is a useful conceptual approach when examining the links between transport corridors and TIP. Tinti, P. and T. Westcott. (2016). The Niger-Libya corridor: Smugglers’ perspectives. Institute for Security Studies Paper 299. The Global Initiative Against Transnational Organised Crime. This paper reports on the large flows (estimated to be in the hundreds of thousands) of migrants from all over SSA into Libya as they make their way to Europe. Of four main migration routes into Libya, the eastern route passes through Sudan into eastern Libya. Well-established migration routes from Uganda join this route, passing through South Sudan. Migrant smugglers on the eastern route are the most organised of all the routes and there is a higher level of criminality, and migration often turns into some form of TIP. The authors report the findings of qualitative research with transporters who are involved migrant smuggling on the northern route which links Niger to Libya (utilised primarily by migrants from West Africa). An estimated 8,000 people per month use this route. Owners of Toyota pick-up trucks transport migrants from Agadez in Niger across the border to Sebha in Libya, usually in convoys of between 50-80 vehicles, each carrying up to 35 passengers. The journey takes around four days. Charges made by pick-up truck drivers range from US$200–360, depending on the final destination. Moving migrants from A to B is usually their primary business and these individuals see themselves as self-employed entrepreneurs rather than part of a large organized network, and involved in the trade due to the lack of alternative employment options. A second category is Libyan truck drivers who smuggle both goods and people along this route. This form of transport is slower, taking between eight to ten days and cheaper (US$140–180 one way). In this case, migrant smuggling is supplementary to the drivers’ core business. Approximately eight to 25 migrants are carried at any one time. These transporters make a great deal of money and feel that their responsibility ends at the destination point. The fact that many of their passengers experience some form of TIP once in Libya was seen as outside their purview. This is one of the few pieces of research that examine the role of transport sector actors in human smuggling and TIP. Uganda Co-ordination Office Prevention in Trafficking in Persons. (2017). 2016 Report on The Trend of Trafficking in Persons in Uganda and Counter Measures Carried Out Against the Crime. Ministry of Internal Affairs, Government of Uganda. Available from: https://www.traffickingmatters.com/wpThis report provides a status update of TIP in Uganda in 2016. There were 283 registered victims in 2016, 20% of whom were internally trafficked. Of the latter, 82% were female children. In the case of transnational trafficking 84% of victims were adult females. This indicates that trafficking in Uganda has a strong gender dimension. Uganda reported a decrease in registered victims between 2013- 2016, partly because there were more interceptions at border 45 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract content/uploads/legal-resources/uganda/2016- Uganda-TIP-Report.pdf. (date accessed 17/08/20). points (especially at Busia on the Kenya-Ugandan border). Most of the transnational victims came from Kampala and the surrounding areas, whereas Karamoja and Busoga sub-regions were the primary source areas for domestic cases. Saudi Arabia, Oman and UAE were the main external destination countries in 2016, followed by Kenya. The report discusses common routes for trafficking. For internal trafficking these are: Karamoja sub-region to Teso sub-region – Mbale – Busia / Malaba – Iganga – Jinja – Kamuli; and other rural areas to urban centres and other busy economic areas. For transnational trafficking, the routes are: Kampala to international destinations through Busia, Malaba, Entebbe Airport, Katuna, Elegu and Mutukula; Jinja, Iganga, Bugiri, Busia, Mbale to various international destinations through the Kenyan border line; Northern Uganda sub-region to international destinations through Elegu. The report outlines various preventive actions undertaken by the government, including a crack-down on recruitment agencies; ongoing work to put in place bilateral labour agreements (in 2016 an agreement was signed with Jordon, and in 2015 with Saudi Arabia); and a public awareness campaign. The report suggests that there was an improvement in the handling of cases for prosecution in 2016 compared to previous years. However, rates are still low (e.g. of 82 cases of transnational trafficking registered in 2016, nine were taken to court and four convictions were achieved). The report mentions the need to sensitise transport operators (and hotel and restaurant operators) on the Uganda-Kenya border at Busia about the consequences of trafficking and their role in prevention. This is one of the few documents that highlight the role of transport actors in TIP prevention. Uganda Youth Development Link (2011). Commercial Sexual Exploitation of Children in Uganda: A critical review of efforts to address CSEC 2005-2011. Available from: https://ssa.riselearningnetwork.org/wpcontent/uploads/sites/5/2015/12/CSEC-inUganda-2011-UYDEL-booklet-23-08-2011pdf20111206-115302.pdf. (date accessed 23/08/20). This report recognises the fact that the commercial sexual exploitation of children (CSEC) is prevalent at truck stops along major transportation routes. It states that stop over points for truck drivers attract CSEC activities, firmly placing transporters not only as facilitators of trafficking but also as customers (38.3% of the total in Uganda). The report also points to employees of construction companies responsible for building major transportation routes flocking to towns to engage in the sexual exploitation of children. One of the study sites covering Mbale, Busia and Bugiri districts in Uganda was chosen specifically because of its location on the major route between Uganda and Kenya. The border towns are subject to considerable rural-urban migration as people search for border trade opportunities. They are also stopover points for truck drivers who engage with commercial sex workers. This report also points to the role played by truck drivers in trafficking children for sexual exploitation. Some bring girls to Bugiri from Kenya and rent rooms for them there. When drivers are there, they sexually exploit these children and when they are absent, the girls are made to become sex workers. UNICEF (2003) Trafficking in Human Beings, Especially Women and Children in Africa. Innocenti Insight Report. https://www.unicef.org/protection/files/insight8 e.pdf. (date accessed 19/08/20). This report provides an overview of the state of knowledge on human trafficking in Africa. The research included a desk review, country visits and an expert workshop. Although outside the literature review search date range (2013-onwards), the report is useful because it discusses the importance of transport availability in shaping trafficking flows and patterns. The difficulties of precisely mapping trafficking patterns can be attributed to the fact that the practice is carried out in a clandestine manner and because the 46 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract patterns change constantly due to a range of factors (e.g. which could be a particular border crossing being better staffed; changes in demand for labour in destination countries or regions etc). The availability of transport is a key factor in the selection of trafficking routes. The example is given of Mali where traffickers use large trucks or minibuses to transport women and children. The report suggests, based on earlier research undertaken by the Innocenti Research Centre, that many traffickers and intermediaries are drivers or transport leaders. There is a reference to Tanzanian truck drivers paying an important role in transporting girls within and outside the country and to taxi drivers playing a role in transporting trafficking victims between Mozambique and South Africa. UNICEF (2002) Child Trafficking in West Africa: Policy Responses. Innocenti Insight Report. https://www.unicefirc.org/publications/pdf/insight7.pdf (date accessed 17/08/20). This 2002 report includes a case study on the role of transport unions in Mali in counter-trafficking activities. Although outside the date range for the literature review, the report has been included because it is one of the few documents that focus (albeit briefly) on the role of transport sector actors in anti-trafficking efforts in Africa. In Mali, the main transport modes used in trafficking are large trucks or mini buses and many traffickers are drivers or individuals who lease vehicles. It is suggested that many of these individuals are members of transport workers’ unions, and some have even created unions. Mali’s National Action Plan against TIP therefore emphasised the role of transport workers’ unions in trafficking control and surveillance in the early part of the decade. The report claims that the disorganisation in the transport sector means that involving this sector in anti-trafficking efforts will be challenging. Drivers will also need to be sensitised in the rights of children and in TIP before the unions are involved. United Nations Office on Drugs and Crime (2009) Transnational Trafficking and the Rule of Law in West Africa: A Threat Assessment https://www.unodc.org/res/cld/bibliography/tra nsnational-trafficking-and-the-rule-of-law-inwest-africa_-a-threatassessment_html/West_Africa_Report_2009.pdf (date accessed 20/08/20). This report examines transnational trafficking flows from West Africa to Europe, including trafficking for sexual exploitation and trafficking for work. The report observes that for most migrants, the first stage of their journey is on land. Open or closed trucks, sometimes carrying between 150-300 people, are used to transport migrants through southern Algeria or Niger to Libya or Morocco/Western Sahara. Some of the vehicles travel in convey for security reasons. Transit nodes include Agadez in Niger and Gao in Mali. Like many reports and studies, this report does not go into any detail about the role or experiences of the drivers in the trafficking process and where they fit within the complex web of arrangers, fixers and service providers who together serve as trafficking facilitators. United Nations Office on Drugs and Crime (2007). Situational Assessment of Human Trafficking in the SADC Region. https://www.legal-tools.org/doc/08aa62/pdf/ (date accessed 21/08/20). This report presents the findings of research involving law enforcement, justice and border control authorities, NGOs, trafficking victims and the parent of one trafficking victim in South Africa, Zimbabwe and Mozambique. The research included a brief focus on transport modes and routes. Mode of transport and the route taken depends on where trafficked persons come from (e.g. elsewhere within Africa or from other countries) and is also linked to the way in which victims enter a country (i.e. using stolen visas, as refugees etc). Individuals who are trafficked within the region tend to travel by road, whereas other nationalities fly direct to South Africa or to another country on the continent and then travel by road. Reported routes are overland transport by taxi, bus, train or 47 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract on foot through the various border posts between South Africa and Mozambique (e.g. through the Ressano Garcia border post) or through the Kruger National Park. Along the South AfricaMozambique border, local fixers (‘Mareyane’) help illegal immigrants to cross the borders and provide accommodation for a fee. Their role in arranging transport is not discussed. Illegal immigrants from Mozambique also enter Swaziland and later South Africa. Like much of the TIP literature, this report focuses more on routes and modes of transport as opposed to the transport operators and where they fit within the networks of trafficking facilitators, the transportation process and victims’ experiences of this. Walakira, E, B. Bukenya and I. Dumba-Nyanzi (2015). Child Trafficking in Kampala, Iganga and Moroto Districts: A baseline survey report. Kampala: Terre des Hommes, Netherlands. Available at: https://docplayer.net/62815713- Child-trafficking-in-kampala-iganga-and-morotodistricts-integrated-response-against-childtrafficking-iract-project-a-baseline-surveyreport.html. (date accessed 21/08/20). This baseline survey aims to generate information about trafficking in children in terms of scale, Knowledge Attitudes and Practices (KAP), existing services, and related characteristics, and, on the basis of the findings, establish a benchmark upon which the success of interventions for counteracting the phenomenon in Kampala, Moroto, and Iganga districts under the Integrated Response Against Child Trafficking (IRACT) project can be measured. Its focus is principally children that have been trafficked internally. The latter is more common than transnational trafficking. The report claims that four out of 10 children who work in the informal sector have been trafficked, with girls more vulnerable than boys. Larger households are more likely to experience trafficking, most of whom are lured with false promises of lucrative employment opportunities. The study concludes that there are few arrangements at community and national level to address this issue. The most common modes of transport used to carry children were private car, bus (27%), lorry (6%) and walking. None of the recommendations from this study point to the need to work with the transport sector to address child trafficking. Wondu, T. (2018). “Assessment of the Methods, Routes and Transportation Systems of Human Trafficking Across Eastern Ethiopian Borders”. Research on Humanities and Social Sciences 8 (11):91-99. This study defines trafficking as a facet of modern migration, as it often occurs along migration routes. Identifying these migration routes as they are targeted by traffickers could lead to a more detailed mapping of trafficking routes in East Africa. The study acknowledges that this phenomenon is particularly well documented in West Africa, and that still very little is known about East Africa and the Horn of Africa. This study investigates the methods, routes and transportation systems employed in the trafficking in persons across the East Ethiopian border. The authors gathered information from victims of trafficking though in-depth interviews, during which they detail their experiences and journeys. Among the routes identified with the highest volume of human trafficking are: Dire Dawa to Djibouti; through Logiya to Djibouti; and finally through Dire Dawa to Jigjiga then Somaliland. In terms of modes of transportation, the findings of the study indicate that this varies based on the geographical conditions and the control of government on the transit ways. People being trafficked experience a mix of travel on foot, car and boat at different points of their journey. The study calls for the government to address the main causes that push people into human trafficking, which includes unemployment. 48 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING 2. Policy and Legislation Reference Abstract Africa Centre for Strategic Studies (2018). Africa Lags in Protections Against Human Trafficking. Available from: https://africacenter.org/spotlight/africa-lags-inprotections-against-human-trafficking/ 27/07/2018. Date accessed 03/08/20. This infographic focuses on progress in Africa with operationalising the provisions of the US Trafficking Victims Protection Act. The Act is not binding on other countries, but the US monitors compliance against it on an annual basis and uses sanctions against those countries who fail to reach minimum standards. The annual value of trafficking in persons (TIP) in Africa is estimated as US$13.1 billion – a multi-billion dollar business, and yet governments have been slow to take action. As of 2018, no country on the continent had fully met the Act’s provisions. Twenty-two African countries, including Tanzania and Uganda are rated as Tier 2, which means that they fail to meet minimum standards set out in the Act. 2 African Union (2006) African Youth Charter, 2006. Available at: https://au.int/en/treaties/african-youth-charter (date accessed 17/08/20). The AU’s African Youth Charter address people aged between 15 and 35, being either current citizens of member African countries or being members (irrespective of their citizenship) of the African Diaspora. It addresses various freedoms, including: movement; expression; association; thought, conscience and religion. It also address inter alia: protection of private life and of the family; ownership and inheritance of property; social, economic, political and cultural development; youth participation; policy; education; poverty eradication and socio-economic integration; sustainable livelihoods; health; peace and security; law enforcement; sustainable development and protection of the environment; culture; the Diaspora; leisure and recreation; girls and young women; mentally and physically challenged youths; and the elimination of harmful social and cultural practices. It is only within Article 23, relating to girls and young women, that trafficking is referenced. It states that: “1. States Parties acknowledge the need to eliminate discrimination against girls and young women according to obligations stipulated in various international, regional and national human rights conventions and instruments deigned to protect and promote women’s rights. In this regard, they shall: ) Enact and enforce legislation that protect girls and young women from all forms of violence, genital mutilation, incest, rape, sexual abuse, sexual exploitation, trafficking, prostitution and pornography;” It should be noted that there is no similar provision made for boys and young men. No reference to transport(ation) or similar is found in the charter. African Union (2006). Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and Children As adopted by the Ministerial Conference on Migration and Development, Tripoli, 22-23 November 20. Available from: https://ec.europa.eu/antitrafficking/sites/antitrafficking/files/ouagadougo u_action_plan_to_combat_trafficking_en_1.pdf. (date accessed 07/08/20). The Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and Children was adopted by the Ministerial Conference on Migration and Development, Tripoli in November 2006. The action plan aims to develop co-operation, best practices and mechanisms to prevent and combat TIP between the EU and the AU. The provisions of the plan cover: prevention and awareness raising; victim protection and assistance; legislative framework, policy development and law enforcement; and measures to improve co-operation and co-ordination between states. The plan doesn’t mention anything specific about the role of transport and transport actors in the TIP process, but it does call for greater investment in research to increase understanding of the 2 The US tier system has been used since 2004. 49 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract means and methods used, the situation, magnitude, nature and economics of TIP. Anichie, E.T and I. Moyo (2019). The African Union (AU) and Migration: Implications for Human Trafficking in Africa. AfriHeritage Research Working Paper 6. https://media.africaportal.org/documents/The_ African_Union_AU_and_Migration__Implication s_for_Human_Trafficking_in_Africa_1.pdf (date accessed 20/08/10). The presence of regional economic communities such as the Economic Community of West African States (ECOWAS), the Southern African Development Community (SADC) and the East African Community (EAC) plus an AU policy framework on migration (e.g. the Migration Policy Framework for Africa (MPFA) and the African Common Position on Migration and Development (ACPMD)) should in theory provide an enabling backdrop to migration on the continent. However, despite the various moves towards regional integration, human smuggling and TIP are on the increase in the region. In 2016 members of the AU met in Zanzibar to update the MPFA. This gives priority to youth employment and migration. The African passport (due to be rolled out in 2020) is another initiative of the AU which will enable the free movement of labour and abolish visa requirements. Various other treaties promote regional integration. The Joint Labour Migration Program (JLMP) for Africa was adopted in January 2015 by African Heads of State and Government. This provides a comprehensive programme for labour migration governance for the region. One objective of the various regional integration initiatives is to reduce irregular migration, which includes TIP. The authors suggest that a new approach to regional integration is required. Bello, P.O. (2018). “Criminal justice response to human trafficking in Nigeria and South Africa: suggestions for better performance.” Contemporary Justice Review. Available from: https://www.tandfonline.com/doi/abs/10.1080/ 10282580.2018.1455507. The paper gives a detailed overview of the various legal measures (policies, treaties, acts and laws) that have been introduced as a counter measure to human trafficking in SSA, as well as an overview of the specific laws and measures introduced in Nigeria and South Africa relating to human trafficking. Nigeria implemented a TIP Law Enforcement Act in 2003 and South Africa followed in 2013, yet both countries face an increase in human trafficking. Nigeria is a source, transit, and destination country for various forms of human trafficking both internal and externally. Internal trafficking involves recruitment from rural areas to urban centres for labour, prostitution and domestic servitude, forced labour, street vending and begging. External trafficking is generally from Togo, Benin and Ghana for labour purposes and girls are trafficked to Europe, North Africa, the Middle East, and Central Asia for prostitution. South Africa is a source, transit, and destination country for men, women, and children, trafficked for domestic servitude, labour and prostitution. Different criminal rings control various geographical regions of South Africa including West Africans, Chinese, Russians and Bulgarians. Brazil, Bangladesh and Thailand are also recipients of trafficked South Africans. Most cases of trafficking were observed as a willing decision to migrate without sufficient information of consequences. Various push and pull factors influencing the cause for trafficking are explored. Based on these, the paper gives recommendations to better counter human trafficking through policy and legislation adopted by the countries, a victim focused approach of prevention, prosecution and protection, a specialised law enforcement agency, state will, and a well-built judicial and prosecution system. Bello, P.O. (2018). “Long-term criminal justice response to human trafficking in South Africa: an impossible mission.” Contemporary Justice Review 21(4):474–91. Available from: This study investigated the capacity of South Africa to respond to human trafficking. It was found that the mandate of the government does not address all necessary factors that fuel human trafficking and that there is a lack of capacity to manage human trafficking in 50 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract https://www.tandfonline.com/doi/full/10.1080/ 10282580.2018.1531716. the long-term. Implementation of the anti-trafficking act of 2013 (implemented in 2015) has been patchy with limited progress by responsible bodies (i.e. the South African Police Service, National Prosecution Authority, Department of Correctional Services, and Courts). Two policies have been introduced: a regulatory measure to contain illegal migration flow into South Africa and new requirements for children travelling into and out of South Africa. A Trafficking in Persons Intersectoral Task Team (TIPIT) has also been put in place (2003), along with a Human Trafficking Desk (HTD) and a Directorate for Priority Crime Investigation (DPCI). However, there are no proactive preventative measures in place. A broad range of push and pull factors are listed in the article. Corruption of the South African police and security officials and bribery at the point of entry are issues. Current strategies are focused on identification and punishment. However, this is not an effective way to control of the problem. A key recommendation is to address the socioeconomic, cultural and political challenges the country is facing. There is mention (in one interview) of transport union alignment as a possible anti-TIP strategy. Britton, H., Dean, L. (2014). “Policy Responses to Human Trafficking in Southern Africa: Domesticating International Norms.” Human Rights Review 15 (3): 305-328. Available from: https://link.springer.com/article/10.1007/s1214 2-014-0303-9. The paper tries to understand how trafficking policies in South Africa are being developed and how successfully they are carried out by investigating international, regional and localised theories and practices. The Palermo protocol is seen as one of the most influential pieces of legislation on which to base anti-trafficking laws, but that the laws are adapted to the context. It claims that lack of legislation and weak law enforcement have contributed to poor trafficking outcomes in South Africa. The paper explores regional networks of trafficking routes, the pull factors for targets and the impact of situations such as countries in conflict. It also formulates why countries fail at the management of human trafficking, such as a lack of attention to prevention. States tend to focus on prosecution and law enforcement, which is seen as less effective, while regional policies are less specific and focused on prevention and protection, which is considered a more effective approach. Dinbabo, M.F., A.S. Badewa (2020). “Monitoring Migration Policy Frameworks, Treaties and Conventions for Development in Africa.” Journal of African Union Studies 9 (1): 23-49. Available from: https://www.researchgate.net/publication/3418 11845_Monitoring_migration_policy_framework s_treaties_and_conventions_for_development_i n_Africa. This study reviews the policy frameworks, treaties and conventions in Africa as they relate to migration. The study finds that most migration policies in Africa provide comprehensive guidelines on border administration, uneven migration, migration data and development, migrant rights and inland migration etc., but that gaps exist in their implementation and relevance to African migration. Free migration is challenged by structural deficiencies in immigration policies which allow undocumented migrant exploitation by government officials at land borders and enhanced criminality such as human trafficking. The AU Migration Policy Framework for Africa and regional agreements influence the migration policies of many African countries. However, despite efforts such as the Joint Africa-EU Declaration on Migration, the Ouagadougou Action Plan to Combat Trafficking in human beings especially Women and Children (2006), the Joint Africa-EU Partnership on Migration, Mobility and Employment (Tripoli Process, 2007) and the Convention for the Protection and Assistance of Internally Displaced Persons in Africa (2007), responses to irregular migration are not as effective as they should be. East African Community (2016). CounterTrafficking in Persons Bill, 2016. Available at: The East African Community Counter-Trafficking in Persons Bill was passed by the EAC Legislative Assembly on the 19th August 2016. It 51 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract http://www.eala.org/documents/view/the-eaccounter-trafficking-in-persons-bill2016 (accessed 12/08/20). currently awaits assent by the Heads of the member states. COVID19 has caused the postponement of the Heads of State meeting which would have seen this assent being given and the Act established and signed into law. “The object of this Bill is to provide for a legal framework for the prevention of trafficking in persons, prosecution of perpetrators of trafficking in persons, provision of protection mechanisms and services for victims of trafficking in persons, and development of partnerships for cooperation to counter trafficking in persons in the Community.” It should be noted that EAC Acts take precedence over individual partner states’ laws. Transport or transportation is listed in the activities that constitute trafficking in children or trafficking in persons. In addition to use or threat of force or other forms of coercion the EAC Act also includes deception as a criteria. Facilitation of trafficking in persons is also an offence. It stipulates that “Every person who receives a financial benefit knowing that it results from the offence of trafficking in persons commits an offence and is liable on conviction to such fines or term of imprisonment as the laws of the Partner State may prescribe.” However, it also goes on to clearly stipulate that an offence is facilitated “whether or not the person alleged to have facilitated the offence knows the specific nature of the offence that is intended to be facilitated”. Bodies corporate committing an offence are clearly included in this Act. Every director, manager, secretary or other similar officer concerned can be convicted if “the offence was committed with his or her connivance; or [if] he or she did not exercise all such diligence to prevent the commission of the offence, having regard to the nature of functions in that capacity and to all the circumstances.” “All property belonging to persons convicted of the offense of trafficking in persons that was used or obtained in the course of the crime,…shall be liable to forfeiture to the Partner State.…” Clearly this Act puts the onus on the company (and its officials), whose vehicles have been used in trafficking in persons, to ensure that their staff, with or without their knowledge, are not transporting trafficked persons. The Act goes on to stipulate that “Each Partner State shall adopt legislative or other appropriate measures to prevent means of transport operated by commercial carriers from being used in the commission of the offence of trafficking in person.” And “...shall include establishing the obligation of commercial carriers, including any transport company or the owner or operator of any means of transport, to ascertain that all passengers are in possession of the travel documents required for entry into the receiving State.” Partner states are also required to harmonise national laws and penalties for the offence of trafficking in persons and the offences related to trafficking in persons. It also states that, in the Community, the offence of trafficking in persons should be punishable by a minimum of 10 years’ imprisonment. Government of the Republic of Tanzania. (2008). The Anti-Trafficking in Persons Act 2008. Available at: https://www.refworld.org/pdfid/57c429004.pdf (date accessed 03/0820). The Anti-Trafficking in Persons Act, 2008, is the principle piece of legislation in Tanzania addressing human trafficking. This Tanzanian Act while broadly similar to the Ugandan one, has some key differences. The most striking is that when defining the offence of trafficking in persons it does not stipulate the use or threat of force or other forms of coercion. This clearly allows a wider utilisation of this Act to prosecute offenders where consent by the trafficked person has been given willingly. An individual upon conviction of trafficking in persons (including their transportation) is liable to a fine of between 5,000,000 TSH (approx. £1,600) and 100,000,000 TSH (approx. £32,500) or to imprisonment of between two and ten 52 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract years or to both. The Act establishes The Anti-Trafficking Fund which is to support the basic material needs of victims of trafficking in persons, for their training, tracing of their families or any matter connected with rehabilitation and re-integration to countries of origin to their best interest. The Act also establishes an AntiTrafficking Committee to be chaired by a current or former Director of Immigration, Inspector General of Police or Director of Intelligence and Security Services. The members of the committee are clearly established with their organisation and minimum rank; such as “a representative of the Ministry responsible for social welfare not below the designation of an Assistant Director”. As well as members from government ministries, departments and agencies (from mainland Tanzania and also Zanzibar) members include representatives from NGOs, the Commission for Human Rights and Good Governance and other Civil Organisations. All are appointed by and responsible to the Minister responsible for home affairs. The committee is tasked with: co-ordinating activities of government departments and law enforcement organs; making recommendations for a national plan of action; advising the Minister on policy; provide advice on the investigation and prosecution of offences; propose and promote strategies; liaise with government agencies and NGOs; keep abreast with international and regional developments and standards; and deal with any other matter. The predecessor of the current Ministry of Works, Transport and Communications is not designated as a member of the committee. The Act’s only reference to the physical transportation of trafficked persons is in a list of criminal activities: “recruits, transports, transfers, provides or receives a person by any means…” Kangaspunta, K. (2015). “Was Trafficking in Persons Really Criminalised?” Anti-Trafficking Review 4 Available at: https://doi.org/10.14197/100. States who are party to the UN Trafficking Protocol are required to criminalise trafficking of persons. However, the protocol has a strong focus on the justice system and not victims. Countries that align to the Protocol (without additional legislation) therefore lack a framework for victim support. Conviction rates for trafficking in persons since 2003 have remained low despite high rates of trafficking. This paper argues this is likely due to the hidden nature of TIP, the difficulties of identifying perpetrators, the limited capacity of the criminal justice system and corruption. There is also a low level of prosecution of those ‘responsible’ for trafficking as victims often only witness the intermediaries. Kraemer, J (2013). Anti-human trafficking legislation in Tanzania and 6 countries around the world. Global Center for Women and Justice Cornell Law School. New York. DOI: 10.13140/RG.2.1.1919.8883 (date accessed 31/07/20). This report examines Tanzania’s experience with implementing the provisions of the 2008 Anti-Trafficking in Persons Act (ATPA). The experiences of six other countries, including Uganda are also discussed A number of factors have prevented effective implementation of the ATPA: long delays in police investigations of TIP cases translate into few cases reaching the courts and even fewer successful prosecutions. Low morale and poor training within the police are contributing factors. The lack of criminal recordkeeping is a further issue. In 2013 the Government of Tanzania is reported to have relied on IOM for data on TIP rather than compile its own reports. Reliance on CSOs to provide referral services including shelter for trafficking victims is a further issue. In Uganda, the government enacted the Prevention of Trafficking in Persons (PTIP) Act in 2009, which prohibits any form of TIP. Police reported a significant increase in TIP cases in 2013, many of which involved women and children being trafficked abroad, including to countries such as Malaysia. Sierra Leone is cited as an example of a 53 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract country that undertook a successful public awareness campaign on TIP, which led to a dramatic increase in the identification of victims. The report recommends that Tanzania does the same. Another recommendation for Tanzania is to promote greater co-operation of law enforcement between states in order to tackle cross-border trafficking. Training for law enforcement officers and public officials is also recommended. Manu, A.M. and S.C.T. Mbata (2016). “States’ compliance with the Palermo Protocol on trafficking in persons and protection of the rights of the child in the SADC region.” Child Abuse Research in South Africa 17 (2):13-36. This article looks at the progress made by the 15 members of the Southern African Development Community (SADC), namely Angola, Botswana, the Democratic Republic of the Congo, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, South Africa, Seychelles, Swaziland, Tanzania, Zambia and Zimbabwe, in implementing the provisions of the Palermo Protocol. Globally, TIP is a hugely lucrative and flourishing form of trade. As an international treaty, the Palermo Protocol imposes various obligations on signatories to criminalise TIP and protect and assist victims. All 15 countries are categorised as source, transit and destination countries for TIP. In 2009, SADC members signed a ten year Strategic Plan of Action on Combatting Trafficking in Persons, especially Women and Children (2009–2019). [This has since been revised to cover the period 2016-2023]. This calls for a harmonised and co-ordinated legal framework. Tanzania was the first SADC country to introduce its own anti-trafficking legislation in 2008 (compared to Malawi in 2015 and Lesotho in 2011) and has the most comprehensive legislation among the SADC member countries. Despite this, Tanzania faces considerable challenges in operationalising its legislation, including insufficient police officers to investigate and prosecute cases of TIP, and underpayment and low morale within the force leading to corruption and abuse of power. Mensah-Ankrah C. and R.O Sarpong (2017). “The Modern Trend of Human Trafficking in Africa and the Role of the African Union (AU)”. EBAN Centre for Human Trafficking Studies Working Paper. Available at: https://www.researchgate.net/publication/3220 50335_The_Modern_Trend_of_Human_Trafficki ng_in_Africa_and_the_Role_of_the_African_Uni on This paper looks at the role of the AU in combatting trafficking. It recognises the people responsible for transporting trafficked persons as having a key role. Nigeria is presented as a case study, and said to be a good example of best practice having institutionalised legislation and having a comprehensive support programme (offering counselling and rehabilitation for victims) in place. The Nigerian Police Force has a designated Anti-Trafficking Task Force although it is claimed to be under-resourced, as well as anti-trafficking committees in 22 states and anti-child trafficking committees in 26 states involving key stakeholders from multiple sectors. Overall though, the AU’s contribution to enforcement and rehabilitation is said to be ineffective, lacking the necessary mechanisms to implement anti-trafficking measures. The AU’s respect for national sovereignty limits its ability to contribute to transregional issues and is the paper’s principal criticism relating to the AU’s response. There is no mention of transport and its contribution to the trafficking of persons. OHCHR (2014). Human Rights and Human Trafficking Fact Sheet No. 36. Available from: https://www.ohchr.org/Documents/Publications /FS36_en.pdf This fact sheet frames TIP as a violation of human rights and advocates for a rights-based approach to the practice. The way in which TIP is dealt with as an immigration issue, or as a matter of crime or public order, is problematised. The fact sheet provides definitions of TIP and addresses various misconceptions about the practice (e.g. that it does not require the crossing of an international border; that is not the same as migrant smuggling etc). Treaties that are relevant to trafficking are highlighted, including the Convention 54 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract of the Rights of the Child (1989) and the Convention on the Elimination of all forms of Discrimination Against Women (1979). The invisibility of trafficking victims and the legal obligation to identify them is highlighted so that they can access their rights. This document provides important contextual information on the legal backdrop to TIP. Okunade, S.K. and O. Ogunnubi. (2019). “The African Union Protocol on Free Movement: A Panacea to End Border Porosity?” JoAUS 8 (1): 73-91 Africa has 109 international boundaries covering approximately 28,000 miles. Borders on the continent are affected by a high degree of porosity and are poorly managed, and this enables many different forms of criminal activity. The article examines progress towards operationalisation of the 2018 AU Protocol on Free Movement. There are plans to introduce a single passport to allow free movement between member states. The Economic Community of West African States (ECOWAS) has (since the mid-1980s) abolished visas within the sub-region, allowing the free flow of people for a period of 90-days. In the East African Union (EAU) there are bilateral agreements between Kenya and Ethiopia and Kenya and Uganda that allow free entry between these countries. Negotiations are underway to extend this to other parts of the region. The idea is to promote free movement, facilitate trade and encourage economic growth. Some countries are reticent to implement the 2018 AU free movement protocol due to trans-national crime. In 2007 the AU set up a border programme to address these concerns. The authors argue that states need to shift from border defence to border security to better manage borders. Republic of Uganda (2009) The Prevention of Trafficking in Persons Act, 2009. Available at: https://ulii.org/node/24737. (date accessed 14/08/20). This is described as: “An Act to provide for the prohibition of trafficking in persons, creation of offences, prosecution and punishment of offenders, prevention of the vice of trafficking in persons, protection of victims of trafficking in persons, and other related matters.” The Prevention of Trafficking in Persons Act, 2009, is the principle piece of legislation in Uganda addressing human trafficking. Transportation of a trafficked person is an offence when the threat or use of force or other forms of coercion, or abduction, or fraud, or deception, or the abuse of power or of a position of vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purposes of exploitation (including prostitution, pornography, sexual exploitation, forced labour, slavery, involuntary servitude, debt bondage, forced or arranged marriage) and attracts imprisonment for fifteen (15) years). The Act goes on to state: ‘where the offender is a legal person, it shall be liable to a fine of one thousand currency points, and temporary or permanent closure, deregistration, dissolution, or disqualification from practice of certain activities.’ However, where it states ‘legal person’ it appears to be referring to a legal entity (so possible error) such as a company that can be closed, deregistered etc. The fine for the legal entity is specifically (with no reference to ‘up to’) 1,000 currency points which is equal to 20,000,000 UGX (currently just over £4,000). An individual upon conviction is liable to a fine not exceeding one hundred and twenty currency points which is the equivalent of 2,400,000 UGX (currently just under £500) or to imprisonment for five years or both; with subsequent convictions attracting a seven year sentence without the option of a fine. A key subsection in Offences of trafficking in persons states that ‘The consent of the victim of trafficking or if a child, the consent of his or her parents or guardian to the acts of exploitation shall not be 55 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract relevant.’ Therefore, an offence could be committed just by transporting a willing person by bus or truck. However, with reference to the use of force etc. this Act may not apply to prosecuting drivers or their employers who are involved wittingly or unwittingly in the transportation of trafficked persons if they do not use force etc. This Act also authorised the minister to designate an office to be responsible for the co-ordination, monitoring and overseeing the implementation of this Act (Prevention of Trafficking in Persons Office). This office will formulate programs, prepare annual action plans, develop policies, establish a databank on cases, engage in consultation, initiate training and awareness, propose rules and regulations and carry out other activities as necessary. There is very limited reference to any transport activity in the Act; only in the definition of ‘trafficking in persons’, or in defining activities which are an offence in trafficking in persons or promoting trafficking in persons such as ‘…recruits, transports, transfers, harbors or…’ Republic of Uganda (2016. Children's (Amendment) Act, 2016. Available at: https://ulii.org/system/files/legislation/act/2015 /2016/Children%20%28Amendment%29%20Act %202016.pdf (accessed on 21/08/20). The Children's (Amendment) Act, 2016 updates the Children’s Act. These amendments to the Act include a new section which references trafficking: “42A. Protection of children from all forms of violence. (1) Every child has a right to be protected against all forms of violence including sexual abuse and exploitation, child sacrifice, child labour, child marriage, child trafficking, institutional abuse, female genital mutilation, and any other form of physical or emotional abuse.” SADC (2016) Trafficking in Persons in the SADC Region https://www.sadc.int/files/3514/7505/0085/SA DC_Baseline_Report_Low_Resolution.pdf (date accessed 18/08/20). The SADC Strategic Plan of Action on Combatting Trafficking in Persons, Especially Women and Children (2009-2019) highlighted the lack of reliable information on TIP within member countries. This report was commissioned in response, and aims to build a knowledge base on TIP in the region and promote co-operation and co-ordination among member countries in their counter-trafficking efforts. There are a number of legal instruments and frameworks that have an anti-TIP focus within SADC, including the SADC Protocol on Gender and Development (2008); SADC Code of Conduct on Child Labour (2000); SADC Protocol on Extradition (2002); and the SADC Protocol on Combatting Illicit Drug Trafficking (1996). The report highlights which member countries have ratified or acceded global conventions. For example, Tanzania ratified CEDAW in 1985; the UN Convention on the Rights of the Child in 1991; the ILO Forced Labour Convention No. 29 in 1962; and the ILO Worst Forms of Child Labour Convention in 2001. Research with member states found: limited tools or capacity to gather data on TIP; lack of disaggregation of data by agencies charged with providing victim support (i.e. GBV victims may be counted alongside TIP victims); lack of centralised TIP data management systems; and limited evidence about the push, pull and enabling factors behind TIP; and challenges in obtaining TIP statistics. The report provides a useful overview of TIP flows from and to Tanzania. SADC (2008) Protocol on Gender and Development 2008. Available at: https://www.sadc.int/files/8713/5292/8364/Pro tocol_on_Gender_and_Development_2008.pdf (date accessed 17/08/20) While the United Republic of Tanzania is member of the Southern African Development Community and falls under the Protocol on Gender and Development 2008, the Republic of Uganda is not a member and so falls outside this protocol. It requires States Parties to endeavour, by 2015, to enshrine gender equality and equity in their Constitutions and ensure that these rights are not compromised by any provision, laws or practices. Article 11, The Girl 56 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract and Boy child, stipulates that: “1. States Parties shall adopt laws, policies and programmes to ensure the development and protection of the girl child by:…(d) protecting girls from economic exploitation, trafficking and all forms of violence including sexual abuse;…” Section 2. Then goes on to state: “States Parties shall put in place legislative and other measures to ensure that the boy child enjoys the same rights as the girl child under sub-Article 1.” Tukwasiibwe, M, G. Muganga and A. Natuhwera (2013) Increased Women Trafficking in Uganda; Analyzing the Domestic and International Legal Framework (November 1, 2013). Available at SSRN: https://ssrn.com/abstract=2362786. This article notes that despite having an anti-trafficking legal framework, Uganda’s implementation of the anti-trafficking act is poor. The National Human Trafficking Task Force established in 2012 lacks resources. All agencies, departments and ministries with an anti-trafficking remit are also under-staffed and under-funded. As a result, anti-trafficking activities are poorly co-ordinated. The Labour Ministry’s capacity to regulate and monitor businesses involved in the exportation of migrant labour is poor. Overall, the authors argue, there is a gap between law and practice, with the machinery of government unable to respond adequately to the problem. Tumwebaze, N. (2014). Away from Home: An Assessment of the Effectiveness of Uganda’s Anti-Trafficking Law Enforcement Mechanisms (2009-2014). A dissertation submitted in partial fulfilment of the requirement for the award of degree of Master of Arts in Human Rights, Department of Philosophy, Makerere University This 2014 dissertation examines Uganda’s effectiveness at enforcing its anti-trafficking legislation based on interviews with respondents from the government’s Co-ordination Office to Combat Trafficking in Persons (COCTIP), enforcement agencies, NGOs and rescued victims of trafficking. Uganda signed the UN Palermo Protocol in 2000 as soon as it was open for signing and in 2009 passed the Prevention of Trafficking in Persons Act. A Counter Trafficking in Persons Office was opened in 2012, COCTIP was established in the Ministry of Internal Affairs, an Anti-Trafficking Taskforce was established, and a Special Investigations Unit set up. Other ministries (Foreign Affairs and the Ministry of Gender, Labor and Social Development) were mandated to support investigations. By 2013, however, TIP was reported to be on the increase, with approximately 250 cases reported per year. A total of 837 victims of trafficking were reported in 2013, 51% of which were trafficked internationally, and 49% domestically. Although Uganda has the legal and institutional framework, the author reports that the latter are under-staffed, under-funded and co-ordination across departments, agencies and ministries is poor. Knowledge of the act is limited among law enforcement personnel. The government has taken steps to form partnerships with CSO/NGOs for the provision of support services for victims, and is involved in regional antitrafficking activities. However, the author suggests that Uganda do more in the area of prevention. United Nations (2000). Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. Available at: https://www.unodc.org/documents/middleeasta ndnorthafrica/organisedcrime/UNITED_NATIONS_CONVENTION_AGAINS T_TRANSNATIONAL_ORGANIZED_CRIME_AND_T HE_PROTOCOLS_THERETO.pdf (date accessed 13/08/20). The United Nations Convention against Transnational Organized Crime has a number of protocols derived from it. One is the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (known as the Palermo Protocol). The purposes of this Protocol are: (a) To prevent and combat trafficking in persons, paying particular attention to women and children; (b) To protect and assist the victims of such trafficking, with full respect for their human rights; and (c) To promote cooperation among States Parties in order to meet those objectives. Transportation is included within the definition of the term ‘Trafficking in persons’. Article 10 – Information exchange and training – stipulates appropriate co-operation between law enforcement, immigration, or other relevant authorities of States 57 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract Parties by exchanging information in accordance with their domestic law. This includes enabling them to determine “the means and method used by organized criminal groups for the purpose of trafficking in persons, including the recruitment and transportation of victims, routes and links between and among individuals and groups engaged in such trafficking, and possible measures for detecting them.” Article 11 – Border measures – stipulates that “2. Each State Party shall adopt legislative or other appropriate measures to prevent, to the extent possible, means of transport operated by commercial carriers from being used in the commission of offences established in accordance with article 5 of this Protocol. 3. Where appropriate, and without prejudice to applicable international conventions, such measures shall include establishing the obligation of commercial carriers, including any transportation company or the owner or operator of any means of transport, to ascertain that all passengers are in possession of the travel documents required for entry into the receiving State. 4. Each State Party shall take the necessary measures, in accordance with its domestic law, to provide for sanctions in cases of violation of the obligation set forth in paragraph 3 of this article.” So this puts the onus on the company to ensure that their staff are trained to make the correct checks on the travel documentation used by all passengers. United Nations (1989). UN Convention on the Rights of the Child, 20 November 1989, available at: https://www.ohchr.org/en/professionalinterest/ pages/crc.aspx (date accessed 17/08/20) The convention aims to ensure States Parties respect and ensure the rights of children within their jurisdiction without discrimination of any kind, irrespective of their or their parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. The convention has only one reference to trafficking in persons. There is no reference to transport or any form of vehicle. Trafficking in persons is the principle behind Article 35, which, in its entirety, states that: “States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.” United Nations (1979). UN Convention on the Elimination of All Forms of Discrimination against Women, 18 December 1979 (CEDAW). Available at: https://www.un.org/womenwatch/daw/cedaw/t ext/econvention.htm (date accessed 17/08/20) “The spirit of the Convention is rooted in the goals of the United Nations: to reaffirm faith in fundamental human rights, in the dignity,v [sic] and worth of the human person, in the equal rights of men and women. The present document spells out the meaning of equality and how it can be achieved. In so doing, the Convention establishes not only an international bill of rights for women, but also an agenda for action by countries to guarantee the enjoyment of those rights.” CEDAW has only one reference each to transport or trafficking in persons. Transport is only referred to where it stipulates that States Parties shall ensure to such women the right to enjoy adequate living conditions which includes transport. Trafficking in persons is the principle behind Article 6, which, in its entirety, states that: “States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.” US Department of State (2019). 2019 Trafficking in Persons Report. Tanzania. Available from: In this annual trafficking in persons report, Tanzania is categorised as being on the Tier 2 Watch List, which means that it does not meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. Over the period 2018-2019, Tanzania made the following progress: adoption of a new anti- 58 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract https://www.state.gov/reports/2019-traffickingin-persons-report-2/tanzania/. (date accessed 30/07/20). trafficking National Action Plan; and training was provided for magistrates and law enforcement officials on TIP. However, the number of victims who were identified, referred and repatriated fell. No crimes were investigated, fewer convictions than the previous year were achieved, and convicted traffickers were offered fines rather than imprisonment, which is considered to be less of a deterrent. Corruption within the judicial system and complicity in trafficking crimes are highlighted as concerns. The report recommends the following: change the provisions of the 2008 antitrafficking act to remove the option of convicted traffickers being able to pay a fine in lieu of prison; provide resources for the victim assistance fund; increase funding and training to law enforcement officials so that they are better able to identify and referral victims; increase efforts to investigate, prosecute and convict offenders. Walton, E. (2019). The Trafficking in Persons Report: Recommendations for Uganda. Available from: https://ssrn.com/abstract=3392045 or http://dx.doi.org/10.2139/ssrn.3392045. (date accessed 23/08/20). This paper provides a comprehensive review of the Ugandan government’s efforts to combat TIP. Challenges include: insufficient funding for victim protection, a lack of systematic procedures for victims, lack of availability of victim services, failure to “institutionalise” training among law enforcement and other officials, misclassification of cases and poor investigations, a failure to report or investigate allegations of corruption, and poor government oversight of labour recruitment agencies. Recommendations focus on increasing prosecution efforts, increased protection of victims including increasing bilateral negotiations with destination country governments on migrant worker rights, and improving prevention measures including training of Ugandan government officials, improved management of recruitment agencies and becoming part of the TIP Protocol. 59 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING 3. COVID-19 Reference Abstract Anti-Slavery (2020). Leaving No-One Behind: Guidance for policymakers, donors and business leaders to ensure that responses to COVID-19 reach victims of modern slavery and people vulnerable to slavery. Anti-Slavery. Available from: https://www.traffickingmatters.com/wpcontent/uploads/2020/05/ASI_Leaving-noonebehind-April-2020-1-2.pdf (date accessed 22/08/20). This report looks at the issue of preventing and reacting to modern slavery from a COVID-19 perspective. It focuses on immediate and long-term measures that can be implemented for groups vulnerable to slavery to protect them from COVID-19 and to protect their livelihoods. The report specifies five ways that COVID-19 is negatively impacting slavery and human trafficking: new and increased risks and abuse for victims; increasing vulnerability to slavery; worsening discrimination; increased risks for migrant workers; and disrupted efforts to counter modern slavery. The report predicts a higher death rate amongst enslaved people as a result of COVID-19 and an increase in the number of people who are vulnerable to slavery. It asks that governments commit to and coordinate a response for those in or vulnerable to slavery in regards to COVID-19, that grants are made available to protect enslaved and vulnerable people during COVID-19, that global businesses protect their workers, and that the international community ensures a coordinated COVID-19 response. Armitage, R and L. B Nellums (2020). “COVID-19: Compounding the health-related harms of human trafficking”. EClinicalMedicine 24: 100409. This article claims that the negative socio-economic impacts of the COVID-19 pandemic are being exploited by criminals to scale-up their modern slavery activities. As governments and health systems adapt and focus on COVID-19 and social distancing measures are enforced, efforts to identify trafficking are compromised, including through the health care system. Victims of trafficking are also disproportionately at risk of COVID-19 infection due to pre-existing poor health, their living and working conditions, and lack of access to health care. The article argues that it is vital that health personnel are educated to expect a rise in TIP and that health services can appropriately respond to victims’ health needs. Giammarinaro, M. G (2020). COVID-19 Position Paper: The impact and consequences of the COVID-19 pandemic on trafficked and exploited persons. Special Rapporteur on trafficking in persons, especially women and children Updated 8 June 2020. Available at: https://www.ohchr.org/Documents/Issues/Traffi cking/COVID-19-Impact-trafficking.pdf. (date accessed 12/08/20). This paper explores the ways in which the COVID-19 pandemic has increased vulnerability to TIP among persons who are already vulnerable. It cites a World Bank estimate that COVID-19 is likely to push a further 49 million people into poverty. The pandemic has already resulted in the widescale retrenchment of workers and is expected to have a particularly significant negative effect on the informal sector. The paper also cites a World Food Programme estimate that almost a quarter of a billion people are likely to face acute hunger by the end of 2020. The fact that many seasonal workers have lost their jobs due to COVID-19 will increase their vulnerability to TIP. Migrant workers, both legal and irregular, have become stranded away from home and this leaves them vulnerable to exploitation. COVID-19 has increased the vulnerability of children to sexual exploitation due to economic pressures forcing children to drop out of school; school disruptions leaving children unattended; and increased demand for online pornographic content. Front-line civil society organisations who provide services and support to victims of trafficking may not be able to provide their services (e.g. shelter, legal support etc) and some have closed due to funding constraints. The impact of COVID-19 will be stronger on women and girls due to their poor economic status and concentration within the informal economy. The paper provides important contextual background to the HVT research. It is anticipated that COVID-19 will 60 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract increase demand for the services of transport operators involved in TIP. Igoye, A. (2020). “Migration and Immigration: Uganda and the COVID-19 Pandemic.” Public Integrity, 22 (4): 406-408 This article emphasises the important role to be played by border security staff in helping to ensure ‘migration health’. Uganda lacks adequate and well-resourced border patrol units and hence opportunities were missed to halt the spread of COVID-19 in the country. Uganda shares a land border of 2,729 kms with five countries: Democratic Republic of Congo, Kenya, Rwanda, South Sudan, and Tanzania. Out of 156 border crossings, 66% are unstaffed and hence porous. The article recommends that the border security function be extended beyond irregular migration and transnational organised crime and focus on protecting the country and border communities against the spread of disease. McAdam, M. (2020). Vulnerability, Human Trafficking & COVID-19. Responses and Policy Ideas. Available from: http://covid19.aseanact.org/Report_ASEANACT.pdf. (date accessed 30/07/2020). This report analyses the many ways in which COVID-19 and the response to the pandemic are increasing the vulnerability of certain individuals and groups to TIP and worsening the situation of those who have already been trafficked. It argues that the countertrafficking literature tends to focus on the acts of exploitation rather than on the underlying vulnerabilities that lead to people becoming victims of trafficking. It concludes, somewhat controversially, that many people will be better off in trafficking situations than elsewhere because they lack any viable alternatives. The report provides useful context for the HVT research. Walk Free Foundation (2020). Protecting People in a Pandemic. Minderoo Foundation. Available from: https://www.traffickingmatters.com/wpcontent/uploads/2020/05/Walk-FreeFoundation-COVID-19-Report.pdf (date accessed 23/08/20). There is a significant increased risk as a result of COVID-19 to migrants or vulnerable workers, of job-loss, travel bans, and lack of access to healthcare. This report outlines the results of a rapid assessment and gives guidance to businesses and governments to mitigate risks for workers. It assesses the conditions of citizens versus non-citizens and formal and informal workers. Key risks are outlined as stranded workers unable to support themselves and resulting in grave health and humanitarian risks, unsanitary living and working conditions, risk of exploitation, lack of access to testing and healthcare, xenophobia and discrimination, job losses and the shutdown of migration pathways leading to increased vulnerability. In terms of migration, the report predicts that there will be increased ‘push factors’ for increased migration as a result of the COVID-19 pandemic, but that the closing of regular migration pathways will lead to higher rates of irregular migration, increasing human smuggling and TIP. Those working in agriculture, who have travel ban exemptions, have limited options for transport and accommodation. It is recommended that migrant employers should fund travel costs to return home and to help negotiate travel restrictions. Support should be given to migrants who cannot return home. It is also advised to prevent or mitigate adverse human rights infarctions in the supply chain. Governments are advised to give visa extensions and amnesty to migrants and survivors of modern slavery and asylum seekers. Restrictions that limit employment and temporary workers should be suspended. Restriction of movement should only be done to the extent necessary to prevent the spread of COVID-19. Hotlines for the reporting of modern slavery and trafficking and support to victims should be made available. 61 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING 4. General Contextual Reference Abstract Africa Faith and Justice Network (2018). Labour Export or Human Trafficking: Tackling the Labour Laws in Uganda. The Africa Faith & Justice Network (AFJN). Available from: https://afjn.org/labor-export-or-humantrafficking-tackling-the-labor-laws-in-uganda/. (date accessed 25/08/20). This article by the African Faith and Justice Network looks at the overlap of labour exportation and human trafficking in Uganda. Labour export is one of the government’s strategies to counter youth unemployment, with an increase seen in the licencing of labour export companies by the Ministry of Gender, Labour and Social Development. Despite the legality of much of the labour exportation, there are still numerous accounts of abuses and exploitation of Ugandan foreign workers, especially in Gulf countries. The article details advocacy activities undertaken by a group of catholic nuns to put pressure on Ministries and the government to review the current labour exportation policies to guarantee greater protection for Ugandans working abroad. Ahn, R. G. Purcell, A.J. McGahan, , H. Stoklosa, T. F Burke, K. Conn, H. L. Harp, E. de Redon, G. Flannery and W. Macias-Konstantopoulos (2015). Innovations in Anti-Trafficking Efforts: Implications for Urbanization and Health. In Ahn, R., T.F. Burke and A. McGahan (eds) Innovating for Healthy Urbanization. Springer, New York, United States. This chapter conceptualises TIP as an urban health concern and looks at the health risks and consequences of being trafficked at different stages of the exploitation. These include: drug abuse; physical and mental abuse; sexual abuse leading to sexually transmitted infections, including HIV, unwanted pregnancy, abortion, poor reproductive health etc; occupational hazards; and social exclusion. The authors go on to explore the social determinants of TIP. Innovative anti-trafficking efforts, including public awareness campaigns (e.g. on safe migration or violence against women), vocational training in origin areas for trafficking, community education, victim identification, and training of nontraditional responders are outlined. The paper provides examples of technology and new media, including mobile applications that are being used in anti-trafficking efforts. AMMi. (2017). Uganda Country Statement: Addressing Migrant Smuggling and Human Trafficking in East Africa. Available from: https://www.expertisefrance.fr/documents/201 82/234347/AMMi+-+Country+Report+- +Uganda.pdf/9447f64a-236f-45cc-b2fbf35891cccfd1. (date accessed 10/08/20). This 2017 report was produced by the Addressing Mixed Migration Flows in Eastern Africa project, funded by the European Commission. It states that the scale and scope of the movement in people is much smaller than elsewhere in the region and that migrants and refugees do not face the same levels of exploitation and abuse as some other transit countries (e.g. in the Horn of Africa). Ugandans do not form a major part of irregular migration flows to Europe and the country is not an important transit country for these flows (unlike Sudan, Ethiopia, Kenya and Somalia). Many Ugandan victims of TIP are trafficked domestically, mainly from rural to urban areas, while others are trafficked within East Africa and the Horn of Africa. TIP is hidden because it takes place within the context of legitimate economic migration flows in which 55 registered and numerous unregistered employment agencies play a part. Government data reported 347 transnational trafficking victims in 2015, many of these were women destined for labour exploitation in the Middle East. Also in 2015 201 potential victims were detected at various border exits (including 151 in Saudi Arabia and UAE and 33 in Kenya). Individuals who are trafficked into Uganda enter through official border crossings using either legitimate or fraudulent paperwork and most believe that they are entering Uganda for legitimate employment. In 2015 two cases of Asian victims of TIP were reported (involving 43 Indians and 20 Bangladeshis), but otherwise there are few detected cases of foreign nationals being trafficked into Uganda. Outbound flows are to the Middle East (mainly the Gulf States), DRC, South Sudan and 62 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract Kenya. A small number of Ugandans are trafficked to Europe and Asia (including Malaysia, India, China and Thailand). Traffickers are said to work within well-organised networks that extend from the origin to destination. The report does not expand on who plays a role within these networks. Detection data is said to underrepresent the number of cases. ANPPCAN and Terre des Hommes Netherlands (2017). Baseline Survey on Child Trafficking in Busia, Mandera and Marsabit Counties in Kenya. http://www.anppcan.org/wpcontent/uploads/2014/11/Baseline-Survey-onTrafficking-in-Busia-Mandera-and-Marsabit.pdf. (Date accessed 20/08/20). An estimated 20,000 children are trafficked in Kenya every year. Most internal trafficking victims are from rural areas, while international trafficking victims tend to be from urban areas. This document reports on a baseline survey into child trafficking carried out in Busia, Mandera and Marsabit Counties in Kenya, areas that are well-known domestic trafficking routes for Kenyan children and also for children who are transiting through Kenya to a third country (e.g. from Ethiopia via Kenya to Tanzania or Uganda to Nairobi to Mombasa to Saudi Arabia). The study outlines the various trafficking routes and what children are trafficked for. For example, Busia County is an well-known source, transit and destination for child trafficking. Girls are trafficked from Uganda to Busia and end up working in illicit bars or other entertainment businesses. Busia also supplies many ‘house girls’ to urban areas of Kenya. The study, which consisted of 186 interviews with community members in the three counties found the following: 38% of adults and 29% of children reported that they were aware of children being taken from their homes. Over a third of children in the study reported that they had been approached by individuals who had asked them to do strange things or with a promise of a better life. Child trafficking was perceived to be potentially problematic by survey respondents, but also potentially beneficial for the child’s family in that it can offer a way to supplement household income. Children from socially and economically vulnerable families, particularly girls and orphans, were found to be at the highest risk of being trafficked. Community members only viewed child trafficking as a problem if the child’s parent did not give their consent and if the child was physically and/or sexual assaulted. This study identifies some of the longstanding cultural attitudes and practices that enable child trafficking to take place, and the gaps in community members’ knowledge of the practice. Child protection services and systems were identified as being inadequate in all the study sites. Referral protocols, which ensure that victims are linked to the requisite services upon identification, were seen as particularly weak. The authors make a series of recommendations, including the need for a regional level response to child trafficking in view of the fact that it crosses borders and for widespread awareness-raising on the practice and how damaging it is to children’s health and wellbeing. ASF. (2010). Baseline Survey Report: Child Trafficking in Soroti, Katakwi, and Kampala Districts, Uganda. Available from: https://issuu.com/avocatssansfrontieres/docs/as f_uganda_childtrafficking_baselinesurvey. (date accessed 17/08/20). This document presents the findings of 2010 research into child trafficking to and from Soroti and Katakwi Districts in north eastern Uganda (the Teso sub region), among the Karamojong who live in a neighbouring sub region, and in Kampala district. The Teso sub region has been affected by Karamojong cattle rustling raids for decades; the activities of the Lord’s Resistance Army (LRA), and floods and drought. Poverty and low levels of education mean that many children are given away to extended family members or friends based on promises of a better education or employment opportunities. The Karamojong nomadic people have faced repeated food shortages and starvation. Poverty, lack of education and employment opportunities have resulted in this sub region of 63 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract Uganda becoming a source for child trafficking. Many children from this area are trafficked to Kampala, and some on to Tanzania, Kenya and Sudan. Others are trafficked to the Teso sub region for the purposes of forced labour. Trafficking for the purposes of forced child marriages is also common in these areas. The report provides a useful overview of where children are trafficked to and from in Uganda and the push and pull factors. The report also provides a useful summary of the conventions and protocols related to child trafficking that have been ratified by Uganda. These include the 1973 ILO Convention 138 on Minimum Admission to Employment; the 1999 ILO Convention 182 on the Worst Forms of Child Labour; the 1989 UN Convention on the Rights of the Child; the CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography 2000; the UN Convention Against Transnational Organised Crime, 2000; the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, 2000 (the Palermo Protocol). Awori, D (2019). Ugandan girls intercepted crossing to Kenya for work. Daily Monitor Newspaper Online. https://www.monitor.co.ug/News/National/Uga ndan-girls-intercepted-crossing-to-Kenya-forwork/688334-5018184-5neu1nz/index.html. 11/03/19. (date accessed 20/08/20). This news article reports on the interception of 11 Ugandan girls aged between 11-15 years by Kenyan police at a checkpoint on the Busia-Kisumu Road in Kenya. They were travelling on a bus at night and were from three villages in Moroti District in the Karamoja Subregion of Uganda, an area with high child trafficking rates. The girls had no travel documents and were on their way to Nairobi. They were returned to a police station in Busia. The Busia-Kenya County Commissioner called for a joint cross-border security system to combat criminal activities. Bello, P. O. and A. A. Olutola (2020). The conundrum of human trafficking in Africa. Available from: https://www.intechopen.com/online-first/theconundrum-of-human-trafficking-in-africa. (date accessed: 20/08/20). This article examines the nature, extent and characteristics of TIP in Africa. TIP is reported to be endemic in Africa due to a myriad of factors including poverty, lack of employment opportunities, poor governance, economic instability and conflict on the one hand and an ever-growing demand for cheap labour and individuals to exploit on the other. Although reliable data on the scale of transnational trafficking from Africa is scarce, in one UNODC 2016 report cited in the paper, trafficking victims from SSA were found in 69 countries over the period 2012-2014. The article describes the complexity of trafficking routes in Africa: trafficking flows in southern Africa are complicated and involve the movement of victims from diverse countries in and outside Africa; in East Africa, women are trafficked for prostitution in the Gulf States; domestic trafficking is reported to be very significant; and some countries (e.g. Uganda) serve as destination countries for trafficking victims from elsewhere in the region (e.g. Democratic Republic of Congo, Burundi, Kenya, Tanzania, Rwanda and South Sudan). Kenya serves as a source, transit and destination country for trafficking of young girls and women to and from Europe. Bhabha, J (2015). Anti-Trafficking Review 4. Special Issue: 15 Years of the UN Trafficking Protocol. Available from: https://www.traffickingmatters.com/wpcontent/uploads/2018/06/AntiTraffickingReview _Issue4.pdf (date accessed 23/08/20). This special issue of the Anti-Trafficking Review covers the 15 years since the introduction of the UN Trafficking Protocol and questions whether the Protocol has advanced the global movement against human exploitation. A general agreement concerns the advantage of a unitary definition, although the categorisation of trafficking is still often discussed. The articles present two common themes: an anti-trafficking global framework and international commitment to act on it, including the protection of victims and a prioritisation of the recruitment and transportation aspects without the central human rights violation of the final abusive working conditions that 64 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract all victims encounter. It is argued that the control policy aspect is prioritised, that certain vulnerable groups are neglected and that victim protection is not adequately addressed. A third theme relates to concerns about the collateral damage that has been generated by the Protocol, which manifests in human rights impacts among vulnerable populations. This includes forcibly removing and controlling workers and not addressing their underlying vulnerabilities. The Protocol’s application to specific countries is also discussed in individual papers. Bogere, P and E. Walakira (2014). “Child sacrifice in Uganda: adequacy of existing legal provision.” International Letters of Social and Humanistic Sciences 41:92-101. This paper looks at the resurgence in child sacrifice in Uganda for the purpose of witchcraft. The article observes that legislation links child sacrifice to child trafficking and there is reference to this in the Prevention of Trafficking of Persons act 2009. There is no mention of transport and its role in trafficking. Coordination Office Prevention of Trafficking in Persons (2017). 2016 report on the trend in trafficking of persons in Uganda and counter measures carried out against the crime. Ministry of Internal Affairs. Available from: https://www.traffickingmatters.com/wpcontent/uploads/legal-resources/uganda/2016- Uganda-TIP-Report.pdf. (date accessed 25/08/20) There were a total of 283 registered victims of human trafficking in 2016 in Uganda. 57 people were victims of domestic trafficking and 226 were victims of transnational trafficking. The report points to ‘heightened vigilance’ and a ban on the export of Ugandan housemaids being the reason for Uganda’s progress in combatting trafficking. Numbers of trafficked persons have been reducing since 2013. Most victims of transnational trafficking are from Kampala, and border towns while most victims of domestic trafficking are from the Karamoja region. Saudi Arabia and Oman are destination countries for the majority of transnational cases. The report points to certain land borders as being the most commonly used for taking trafficked victims out of the country, most notably Busia, Malaba and Elegu. Daghar, M. (2020). The New Slavery: Kenyan workers in the Middle East. Enhancing Africa’s response to transnational organised crime. ENACT Policy Brief 16. Available from: https://enactafrica.s3.amazonaws.com/site/uploads/2020-06- 30-east-africa-trafficking-policy-brief.pdf This article comprises the research outputs of a study into the issues of organised transnational crime, victim protection and law enforcement as well as the phenomenon of labour exportation in Kenya. It explains the catalysts for labour exportation of Kenyans, especially to the Middle East, and analyses the processes in place to protect victims and prevent TIP. Around three million Kenyans are estimated by government to be in the diaspora, though lack of accurate data makes it difficult to exactly quantify this phenomenon. Despite many laws targeted at human trafficking prevention, migrants and other groups are largely left vulnerable to the trade. This is partly attributed to the lack of a foreign employment policy and to the failure to address TIP from humanand labour-rights perspectives. Daghar, M. (2018). East African human trafficking rings expand their operations. Institute for Security Studies online blog. Available from: https://issafrica.org/isstoday/east-african-human-trafficking-ringsexpand-their-operations 30/07/20. (date accessed 25/08/20). This blog highlights the role of human trafficking rings operating as fake employment agencies in origin, transit and receiving countries, and identifies Kenya as the main hub of victims in East Africa before they are trafficked overseas. While the article acknowledges that most of East Africa’s trafficking in persons occurs in and through Kenya, it also reports the housing of Ugandans and Tanzanians in “trafficking houses” in the Middle East which are often run by Kenyans. It is argued that regional networks are driven by profit and are increasingly seeking to control more of the human trafficking chain, with links in origin, transit and receiving countries, which makes policing more difficult. This is also exacerbated by a lack of co-operation between countries, ambiguous labour laws, especially 65 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract as they relate to labour exportation, and a lack of East African countries’ power in negotiating with the Middle East on TIP issues. Deane, A (2017) “Searching for Best Practice: A Study on Trafficking in Persons in West Africa and South Africa” Africa Insight 47 (1): 42-63 This article recommends a transnational collaborative approach to tackle TIP and specifies that in the African context TIP cannot be seen as a domestic issue because so many countries are source, destination and transit countries for the practice. Despite global attention, TIP is on the increase, the problem is described as ‘enormous’ and the practice has fast become one of the leading crimes globally. It observes that approximately 12.3 million people are trafficked worldwide annually, 80% of whom are women, and 70% of these women are trafficked for sexual exploitation. An estimated 1.2 million children are exploited through trafficking domestically and internationally. Cross-border TIP to South Africa involves women and girls being trafficked from a number of countries including: Mozambique, Angola, Zambia, Senegal, Kenya, Tanzania, Uganda, Ethiopia, Swaziland, Namibia, Botswana, Nigeria, Lesotho, Zimbabwe and Malawi. There are long-standing routes and various modes of transport are used including cars, long-distance trucks, taxis, boats and on foot. Countries of origin are where trafficked persons are recruited; countries are transit are usually close to countries of destination; and countries of destination are often those will a well-established commercial sex industry and high demand for cheap labour. Countries affected by TIP may be in one category or more than one. However, it is rare for TIP to be categorised as a trans-border problem, requiring states to coordinate their counter-trafficking efforts. While anti-trafficking legislation was only recently introduced in South Africa (Prevention and Combating of Trafficking in Persons Act 7 of 2013 (PACOTIP)), in West Africa it has been in place for much longer, but is proving ineffective in controlling the problem. The author recommends that in addition to legislation, states do the following: awareness-raising about TIP; protection of victim’s rights; establishment of databases of statistical information on TIP; and a strong domestic commitment towards eradicating the practice. PACOTIP incorporates a broader definition of the Palermo Protocol by stating that a person will be guilty of human trafficking if he or she delivers, recruits, transports, transfers, harbours, sells, exchanges, leases or receives another person within or across the borders of South Africa, through various means, including the use of force, deception and coercion. Hence in this legislation the criminal role played by transporters and individuals who transfer victims is explicit. The SADC Protocol on Gender and Development (SADC Protocol) requires states to establish bilateral and multilateral agreements on joint operations against human trafficking as a step towards reducing gender-based violence. However, little progress has been made towards this laudable aim. Ford, M. (2015). “Trade Unions, Forced Labour and Human Trafficking.” Anti-Trafficking Review 5: 11-29. Available at: https://doi.org/10.14197/atr.20121552 This paper discusses the issue and scale of forced labour, as well as the important distinction between formal and informal work, where trade unions play different roles. It explains the history of stakeholders involved in the control of forced labour. The ILO has been playing a central role in co-ordinating the policy response to forced labour together with the International Trade Union Confederation (ITUC). The ITUC makes several recommendations to the unions on how they can be most effective in their actions against forced labour, mainly complementing and reinforcing existing priorities. The article is hesitant, however, about the impact unions 66 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract can have in the most prevalent areas of trafficking, considering trafficked workers are often found in areas of work least protected by unions. Free the Slaves and Deloitte (2018). Operationalizing the movement behind SDG 8.7 A study for the Freedom from Slavery Forum. Available from: https://www.traffickingmatters.com/wpcontent/uploads/2019/10/Operationalizing-theMovement-Behind-SDG-8-point-seven.pdf (date accessed 23/08/20). This report outlines the common goals, norms, policy priorities and challenges faced by civil service coalitions working against human trafficking (globally) and proposes collective action as a way to amplify impact between NGOs, governments and businesses in alignment with SDG 8.7. Additional research and improvements in legislation, policies, infrastructure, resources, role of trade unions, and the use of the voice of survivors are needed. This can be done through a proposed shared service model, which includes local businesses and survivors. Gallagher, A.T. (2015). “Exploitation in Migration: Unacceptable but Inevitable.” Journal of International Affairs 68(2) Available from: https://www.unodc.org/e4j/data/_university_un i_/exploitation_in_migration_unacceptable_but _inevitable.html?lng=en. This paper discusses the difficulty of legal migration and how ‘debt migration’ and exploitation become commonplace situations for those who cannot access or afford safer routes. Indebtedness makes some irregular migrants especially vulnerable to trafficking. In many cases, these migrants are not protected by national labour laws and not allowed to join trade unions. The identification of trafficked victims remains low, especially those involved in debt migration, as they are often not considered victims. The paper believes this to be the largest hurdle in addressing TIP. The article also believes it seems near-impossible to move undocumented migrants across borders such as North Africa to Europe without a paid intermediary. There is increased reference to flexible crime networks - organisations or individuals who make migrant smuggling possible. Specific examples are mentioned, such as Yemen, which has emerged as a major transit point and destination for smuggled migrants from the Horn of Africa, many of them Somali and Ethiopian asylum seekers. Recommendations to manage these issues include the abolition of companies demanding recruitment fees and of sponsorship systems, the inclusion of migrants in national labour protections, and an expanded application of antitrafficking laws and policies. Graydon, M. (2013). IOM returns Ugandan children trafficked to S. Sudan. International Organization for Migration. Available from: https://www.iom.int/news/ugandan-childrentrafficked-south-sudan-helped-return-home. 22/03/13. (date accessed 20/08/20). This news article discusses the recovery of several Ugandan children who were trafficked to South Sudan for labour exploitation. It discusses a perceived increase in human trafficking cases and the work of IOM to increase the capacity of the Ugandan government to tackle TIP. Evidence indicates that human trafficking is on the rise in South Sudan’s urban centres. A key area of IOM support is building the government’s technical capacity, working closely with the Ministries of Interior, Justice and Foreign Affairs to train immigration and police personnel to identify and assist victims of trafficking, as well as the effective prosecution of traffickers. Support for the return and reintegration of victims of trafficking is provided through IOM’s Global Assistance Fund. Hovil, L. and L. Oette with Y. Gidron. (2017). Tackling the Root Causes of Human Trafficking and Smuggling from Eritrea: The Need for an Empirically Grounded EU Policy on Mixed Migration in the Horn of Africa. Refugee International Rights Initiative, Shia Network and SOAS. Migrant smuggling and TIP have become highly sophisticated in the Horn of Africa. Many Eritreans seek to migrate to Europe through Sudan, Libya or Egypt and utilise the services of people smugglers. The authors discuss the fact that the usual distinction between smuggling and trafficking do not always apply in this context since smuggling is often undertaken under aggravated circumstances. The involvement of top level officials in smuggling and trafficking in Sudan, Egypt and Eritrea has been well documented. The study 67 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract reports on primary research into the experiences of Eritrean migrants located in Europe, Egypt or Sudan. IHS Markit (2020). Country/Territory Report - Tanzania. Tanzania Country Monitor. Available from: https://search.ebscohost.com/login.aspx?direct= true&db=plh&AN=143516480&site=ehostlive (date accessed 21/08/20). This report provides an annual overview and risk log of Tanzania. It covers topics such as country risk and sovereign risk ratings, political data, and economic forecasts. Security limitations and the relatively good infrastructure that has linked Tanzania to some of Africa’s conflict/post-conflict zones and the markets of Kenya, Zambia, Zimbabwe, and South Africa, as well as Europe, the Middle East, and South Asia, have made it an attractive hub for a range of trafficking operations, as well as the laundering of criminal profits. The report specifically draws attention to TIP. Although the government has tightened its anti-human-trafficking regulation, TIP is present in Tanzania. It is a transit route for international destinations and domestic labour and sex-work. Internal trafficking is also a concern, especially with children being trafficked from rural to urban centres to undertake domestic labour, work in agriculture, or mining industries, or being forced into prostitution. In terms of regional trafficking and illegal migration the focus is on Sudanese, Somalis, and Ethiopians travelling south through Kenya and Tanzania towards South Africa. IHS Markit (2020). Country/Territory Report - Uganda. Uganda Country Monitor. Available from: https://search.ebscohost .com/login.aspx?direct =true&db=plh&AN=143516483&site=ehost-live (date accessed 22/08/20). This country report provides an annual overview and risk log of Uganda. It covers topics including country risk and sovereign risk ratings, political data, and economic forecasts. The report mentions that TIP is a growing problem due to poverty and lack of employment. It specifies that anti-TIP legislation has been introduced, but is not acted upon. Karamojong children have been sold at markets in border towns such as Bunia, in eastern Uganda, before being transported north to Sudan and then to the Middle East and elsewhere. This trade is still small but likely to grow as criminal networks become more established. Increasing numbers of sex slaves in Kampala stem from East Asia and, as economic growth continues, Kampala is likely to become a destination, as well as a transit point, for such trafficking. A new police report published in 2013 claimed that an estimated 250 Ugandans annually end up stranded abroad with human trafficking rings. The report claimed that Ugandan youth are being trafficked to Canada, China, France, India, Iraq, Malaysia, South Africa and Thailand, with many becoming victims of forced labour and sexual exploitation after being promised job opportunities ‘The Anti-Slavery Bill 2018’, which focuses on supporting trafficked persons who reach their destination abroad, was expected to be tabled before Uganda's parliament in 2019 [this is still under discussion within Parliament in August 2020]. In April 2009 the government passed the AntiTrafficking in Human Persons Act. ILO (2017). Global estimates of modern slavery: Forced labour and forced marriage International Labour Office (ILO), Geneva. Available from: https://www.ilo.org/wcmsp5/groups/public/@d greports/@dcomm/documents/publication/wcm s_575479.pdf Produced by the International Labour Organisation and Walk Free Foundation, this report provides estimates of modern slavery, with a focus on forced labour and forced marriage, up to 2017. Modern slavery is an umbrella term and refers to situations were individuals are exploited and cannot leave due to threats, violence, coercion, deception and abuse of power. The report provides an overview of the estimated scale of the problem and of the sectors that are most commonly associated with forced labour (domestic work, sex industry, construction, manufacturing, agriculture and fishing). Over 2011-2016 89 million people experienced some form of modern 68 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract slavery. Just under 25 million people were estimated to be in forced labour in 2016, 16 million of these in the private economy (almost a quarter in the domestic work sector) and 4.8 million in forced sexual exploitation (99 percent of whom were women and girls and one million of whom were children). An estimated eight percent of people who experienced forced sexual exploitation were from Africa. Modern slavery is most prevalent in Africa at 7.6 per 1,000 people. Three quarters of forced labour victims are abused in their home country. Because a great deal of modern slavery is linked to migration (willing migrants may become trafficked persons), the report calls for improved migration governance to prevent cases from arising. It also emphasises the cross-border dimensions of modern slavery, and calls for greater international co-operation to address it. The Independent (2019). Labour export firms propose measures to curtail human trafficking. The Independent Online. Available from: https://www.independent.co.ug/labour-exportfirms-propose-measures-to-curtail-humantrafficking/. 10/11/19. (date accessed 20/08/20). In this article the role of a new group of foreign labour recruitment agencies in Uganda is discussed as they apply pressure on the government to address the challenges in labour exportation facilitated by domestic recruitment agencies. The newly formed group called Uganda Federation of Foreign Recruitment Agencies (UFFRA) is advocating for harmonisation of training to be provided to domestic recruitment agencies, in the hope that it will better equip them with knowledge of best practices to protect the safety of workers abroad. There is a call for the establishment of rehabilitation centres for repatriated workers who have been victims of exploitation. There is criticism of the existing Labour Export Regulation, especially as it pertains to the mechanisms that enable monitoring of workers abroad. International Organization for Migration. (2019). Migrants and their Vulnerability to Human Trafficking, Modern Slavery and Forced Labour. IOM. Available at: https://publications.iom.int/system/files/pdf/mi grants_and_their_vulnerability.pdf. (date accessed 18/08/20). This study looked at where migrants are most vulnerable, which migrants are most vulnerable and at the factors that enable migrants to be exploited or abused. According to the IOM there are four main dimensions of migrant vulnerability: individual factors (e.g. age, gender, ethnicity), family and household factors (e.g. internal family dynamics), community factors (e.g. cultural attitudes and the natural environment) and structural factors (e.g. legal structures and broader social stability). A literature review examined the evidence base on ‘sites of exploitation’ – places where migrants are particularly vulnerable to exploitation. The ‘place’ most studied was recruitment agencies, followed by private businesses, private dwellings, underground migration routes and border crossings. No studies focused on the vulnerability of migrants during the transportation process. Very few studies focused on East Africa (17%) and Southern Africa (4%). International Organization for Migration (2018). Flow Monitoring Surveys: The Human Trafficking and Other Exploitative Practices Indication Survey, Male and Female Respondents Interviewed Along the Central and the Eastern Mediterranean Routes in 2017. Available from: https://reliefweb.int/sites/reliefweb.int/files/res ources/FMS_CT_Analysis_male%20female_Centr al_Eastern_2017.pdf (date accessed 13/08/20). This IOM study found that 77 percent of 4,712 interviewed migrants arriving in Italy had experienced at least one form of TIP (76% of male respondents and 67% of female respondents). The experiences included being held against their will; being forced to work or work without payment; being subjected to physical violence; or threatened with sexual violence. Ninety-two percent of the reported events were said to have occurred in Libya. The average age of the respondents who reported being subjected to these practices was 21 years old. Of migrants arriving in countries along the Eastern Mediterranean route (Greece, Bulgaria, Hungary etc), 9% of male migrants and 15% of female migrants reported that they had experienced at least one practice associated with TIP. Migrants from Central, Southern and East Africa reported much 69 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract higher positive responses, with 52% of migrants from East Africa reporting that they had encountered at least one practice associated with TIP during their journey. Among this group of interviewees, the average age was 26 years. More females than males reported that they had been subjected to practices associated with TIP. Kagumire, R. (2018) Stranded in the Middle East: Uganda Must Do More to Prevent Trafficking. Heinrich Boll Stiftung website. https://za.boell.org/en/2018/10/10/strandedmiddle-east-uganda-must-do-more-preventtrafficking. 10/10/18. (date accessed 22/08/20). This article calls on the Ugandan government to implement a more victim-centred approach to combatting the trafficking of persons from Uganda to the Middle East. It states that youth unemployment is a major driver, with many young people being lured overseas with false promises. It uses the annual crime report from the Uganda Police Force as a source for number of registered trafficked persons but police are said to estimate that up to 50 people per day in reality are trafficked. Uganda is considered to be a source, transit and destination country for trafficked persons. Young women are most vulnerable to transnational trafficking and are recruited fraudulently for employment. Push factors include a higher school dropout rate for girls, and a labour market which is skewed in favour of men. In 2010, Uganda ratified the 2003 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, also known as the Maputo Protocol, which requires Uganda to prosecute perpetrators of TIP and protect women. Domestically, Uganda enacted the Prevention of Trafficking in Persons Act in 2009, which criminalises all forms of trafficking, including both sexual exploitation and forced labour, and sets out punishments ranging from 15 years to life imprisonment. The law also established the Ugandan National Counter Human Trafficking Task Force. The land border at Busia between Uganda and Kenya is one of the most used routes but immigration officers lack clear guidance on what to do with victims of trafficking. Uganda falls short when it comes to supporting victims, as the law sees victims as criminals. The paper states that victims need better access to medical treatment, counselling, emergency shelter, resettlement support, and skills development. There is no mention in this paper of the role that transport plays in facilitating the trafficking of persons. Kiwawulo, C. (2019). Busia trafficking suspects linked to Kenyan politician. New Vision https://www.newvision.co.ug/news/1504490/bu sia-trafficking-suspects-linked-kenyan-politician 30/07/19 (date accessed 20/08/20). This news article reports on the interception of six Kenyan men who were entering Uganda hidden in an unventilated container, concealed in boxes in July 2019. The container was scanned by the Uganda Revenue Authority (URA) at the Busi One Stop Border Post. The men were linked to a Kenyan politician who hired the truck and the men. Although the men were thought to be trafficking victims, they were referred to as ‘suspects’. All lacked travel documents and a yellow fever certificate. All claimed that they had been hired to help load tomatoes onto the truck. However, this prompted investigations into whether there was another more sinister motive. According to the police annual crime report 2018, a total of 286 cases of trafficking (both children and adults) were reported in which 603 victims were rescued and resettled with their families. Kuschminder, K and A. Triandafyllidou. (2020). “Smuggling, Trafficking, and Extortion: New Conceptual and Policy Challenges on the Libyan Route to Europe”. Antipode 52 (1): 206-226. This article discusses the routes via which migrants travel into Libya for onward transmission to Europe (primarily Italy). These are: the coastal west route (migrants from The Gambia, Senegal and Mali), the south west route through Mali (migrants from Nigeria), the southeast route along the border with Sudan (migrants from Sudan, Somalia, Eritrea and Ethiopia) and the coastal east route (migrants from Egypt, Syria and Asia). The paper focuses on the southeast 70 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract route and presents the results of qualitative research with Eritrean migrants who successfully completed their journey to Europe. The paper questions the distinction between irregular migration / migrant smuggling and TIP, arguing that in Libya one form can change into another. Libya is described as one of the world’s most brutal spaces for the transit of migrants, with many migrants kidnapped for ransom and exploited, sometimes over long periods of time – which the authors state is a form of exploitation that does not easily fit the smuggling / trafficking distinction. The country is experiencing civil war and trafficking and people smuggling have become a key part of the economy. The article does not specifically mention migrants from East Africa, but it is presumed that some travel this route to Europe. Le, P.D., N.E. Ryan, J.Y. Be and K. D Colburn (2017). “Toward a Framework for Global Public Health Action Against Trafficking in Women and Girls.” World Medical and Health Policy 9 (3): 341-357 This article suggests that systematic gender discrimination leaves women and girls particularly vulnerable to TIP. Many anti-trafficking interventions are focused on national security or criminal justice, but these approaches have attracted criticism for not tackling the underlying causes, and sometimes lead to re-trafficking. The authors examine the multiple and often long-term physical and mental health impacts of TIP and call for a stronger public health approach. There is a need to focus on the root causes of the problem, especially gender discrimination and the feminisation of poverty; address health needs throughout the stages of trafficking; engage stakeholders from multiple sectors and levels of governance; build a robust knowledge base; and design and implement context-specific and appropriate responses. The authors refer to the Stages of Trafficking (SOT) Model, proposed by Zimmerman et al. (2011), which partitions the trafficking process into five interdependent stages: (i) pre-departure/ recruitment, (ii) travel and transit, (iii) destination, (iv) detention/deportation and criminal evidence, and (v) integration/reintegration. The travel and transit stage is often the stage at which victims begin to experience the negative physical and mental manifestations of exploitation and abuse (e.g. threats of violence, sleep or food deprivation, risky travel conditions). Health needs should be addressed in all five stages. For example, in captivity, hotlines or health workers being trained to screen patients for signs have proved promising in some contexts. It is probable that there are few (if any) examples of how health needs have been addressed during the transit stage. Limoncelli, S. (2016). “What in the World Are Anti-Trafficking NGOs Doing? Findings from a Global Study.” Journal of Human Trafficking 2 (4): 316-328. This article reports the findings of a study into NGOs that are active in anti-trafficking. Of 1,861 identified organisations, most focus on children, on both labour and sex trafficking, and on awareness raising and advocacy as opposed to service provision, and most were in Asia and Europe. Nine anti-trafficking NGOs were identified in Tanzania and 10 in Uganda. The article recommends that more work is needed to understand the role of NGOs in anti-trafficking efforts in Africa; there is a need for a stronger focus on adults (both women and particularly men whose needs as victims of trafficking are not adequately catered for); and for a stronger focus on service provision, particularly in contexts where governments do not provide support, referral, rehabilitation and resettlement services for victims. May, C (2017). Transnational Crime and the Developing World. Global Financial Integrity. Available from: This report cites some interesting data on the estimated retail value of different aspects of transnational crime. In 2016 TIP was estimated by the ILO to have a value of US$150.2 billion. Estimated 71 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract https://gfintegrity.org/report/transnationalcrime-and-the-developing-world/. (data accessed 31/07/20). profits from TIP in Africa are US$12.8 billion. TIP for labour or for sex is one of the fastest-growing organised crime markets with an estimated 21 million victims. The greatest profits come from sexual exploitation with a global average annual profit of US$21,800 per victim compared to US$2,300 from domestic labour and from US$2,500 to US$4,800 for non-domestic labour. However, forced labour affects three times as many victims. Greater access to the internet is fuelling the spread of TIP, and the practice is playing a growing role in terrorist and insurgent activities. The latter tend to exploit crises (whether civil war, social upheaval or natural disasters) for trafficking purposes. The report lists a number of recent high-risk trafficking situations including the Haiti earthquake in 2010; the Syrian Civil War; and on-going conflict in the Central African Province. The links between human smuggling and TIP are explained: the former can turn into the latter, especially in cases of illegal migration, if a smuggler coerces or forces migrants into work. Mbazira, C. and Mubangizi, J. (2014). “The victim-centred approach in criminal prosecutions and the need for compensation: reflections on international approaches and the legislative and policy frameworks in Uganda and South Africa”. The Comparative and International Law Journal of Southern Africa 47(2): 206-224. This article heavily focuses on a legal analysis of the approaches of international bodies in dealing with victims of human trafficking. The paper discusses in depth the approaches adopted by the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Court (ICC), discussing the latter as a gold standard in terms of tackling issues of victims of TIP. It further discusses with a more in-depth analysis the different approaches employed by Uganda and South Africa in terms of the treatment of victims in criminal prosecutions for crimes of human trafficking. Uganda is said to be underperforming compared to South Africa. The authors call for a meaningful approach to victim-centred measures to enhance the rights of victims of TIP. McAlpine, A. M. Hossain and C. Zimmerman. “Sex trafficking and sexual exploitation in settings affected by armed conflicts in Africa, Asia and the Middle East: systematic review.” BMC International Health and Human Rights 16:34 This article presents the findings of a systematic review of studies into sex trafficking and sexual exploitation in conflict situations. This is an under-researched topic and only 29 studies were identified, including four that examined different forms of sexual exploitation that occurred in Uganda among combatants forced to join the Lord’s Resistance Army. The review found that women and girls are more likely to be victims of sexual exploitation in conflict settings. A lack of understanding and consensus on what constitutes sex trafficking in conflict situations is an issue. The authors argue that this should include early or forced marriage, sexual slavery and sexual exploitation of combatants. Miller, R. (2013). “Managing Migration: Is border control fundamental to anti-trafficking and antismuggling interventions?” Anti-Trafficking Review 2. Available from: https://doi.org/10.14197/atr.20121321 Trade and labour markets, both demand and supply, and national security have fuelled (im)migration policies and border control. The United Nations Office on Drugs and Crime (UNODC) supports states in managing trafficking activities, while acknowledging that the Trafficking and Smuggling Protocols are also dangerous for states and migrants and have contributed to the problem of human trafficking and smuggling. This paper explores how policies and border control contribute to trafficking and how intermediaries exclude governments from the process and result in increased exploitation. It also looks at how states and borders are responsible, but currently failing, to manage migration. UNODC suggests an approach that supports state sovereignty and the implementation of the Protocols at the same time. Solutions include increasing state 72 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract capacity, resources, and evidence based policy. There is no specific mention of African states. Minderoo Foundation (2019). Measurement, Action, Freedom: An independent assessment of government progress towards achieving UN Sustainable Development Goal 8.7. Available from: https://downloads.globalslaveryindex.org/ephe meral/walk-1596468099.free_- 1596468099.MAF_190717_FNL_DIGITAL-P1596468099.pdf. (date accessed 31/07/20). This report measures progress towards achievement of Sustainable Development Goal (SDG) 8.7. This requires governments to take immediate and effective measures to end forced labour, modern slavery, and TIP, as well as child labour in all its forms, practices which are estimated to effect over 40 million people. The report specifies that progress has been “disgracefully marginal” and concludes that the world is not on track towards achieving this goal. Several African countries are among those that have taken the least action against modern slavery, including Eritrea, Libya, Burundi, Congo, Democratic Republic of Congo, and Somalia. Thirty-five out of 51 countries in Africa have criminalised TIP. Thirty-two countries have a national action plan that covers issues of modern slavery, but only Senegal, Ghana, Algeria, Mali and Malawi have adequate funds to implement these. The report offers a very useful ‘state of play’ with modern slavery, of which TIP is one aspect. Nambatya S. and Gubo Q (2016). “A Comparative Study of Child Trafficking Causes Between China and Uganda.” Developing Country Studies 6 (6): 159-170. This article compares the nature and scale of child trafficking in Uganda and China. Domestic trafficking of children happens on a large scale in both China and Uganda. In Uganda, the tradition of using children for domestic work means that some forms of forced labour have been normalised. In Uganda, children are trafficked for forced labour in the agriculture, fishing, forestry, cattle herding, mining, stone quarrying, brick making, car washing, scrap metal collection, street vending, bars, restaurants, and the domestic service sectors. In China, young boys are used for forced labour in brick kilns, coal mines, and factories and for forced begging. Girls are often subjected to sex trafficking in form of forced marriage, domestic servitude and commercial sexual exploitation (working as prostitutes). In both countries, the flow of trafficked children is from rural to urban areas. In Uganda, many children have been moved across borders (e.g. into DRC, South Sudan and Central African Republic) by the Lord’s Resistance Army where they serve as sex slaves, porters and combatants. In general, however, data on the scale of the problem is incomplete. Transport operators are mentioned as traffickers of children, as are fellow community members who have relocated to urban areas; religious institutions, and a variety of private sector businesses. HIV/AIDS has left many children orphaned and this increases their vulnerability to trafficking. Porous borders, lax police and immigration control and widespread lack of knowledge of TIP among the general public have allowed the practice to thrive. In China, a narrow definition of child trafficking is used. The deception or abduction of children for forced labour or sexual exploitation (without an intention to sell them) lies outside the legal definition. The one child policy in China means that there is high demand for children among childless families. In both countries there is limited data on cross-border trafficking. Nkoroi, I. (2016). Assessing the Informal Cross Border Trade Between Kenya and Uganda. International Academic Journal of Arts and Humanities 1 (1): 54:90 Informal cross border trade (ICBT) is estimated to comprise approximately 40% of GDP in Africa. Much of the cross border trade between Uganda, Tanzania and Kenya is informal, and women play a major role in this. One Stop Border Posts (OSBP) have been introduced at some major border points in countries of the EAC to improve the movement of goods and services across borders. There is a OSBP for example at Busia on the Kenyan/Ugandan border. This dissertation discusses the nature and scale of ICBT in Kenya and 73 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract Uganda, using Busi as a case study. Primary research with individuals involved in ICBT suggested a connection between young female traders in Kenya and TIP. Working on behalf of Kenyan traffickers, Kenyan girls involved in ICBT are reported to recruit other young girls in Uganda, promising them a better life. Nyataya, I. and G. John (2017). “Human Trafficking Incidence in Rwanda: Its Challenges, Prevention and Control.” International Journal of Research in Sociology and Anthropology 1(3): 19- 29. The article reports on the challenges faced by the Rwandan government to prevent and control the incidence of TIP based on a literature review. In East Africa the free movement of people makes the control of TIP challenging. Use of the internet and social media help to fuel the practice. Rwandans are most commonly trafficked to Uganda and Kenya for sexual and domestic labour. Rwanda has weak legislation, poor enforcement of laws and policies and a lack of capacity to deal with TIP. The authors note that many cases are likely to go unreported in Rwanda (only 153 cases were reported between 2009-2017). Lack of awareness of TIP, poverty, conflict, gender inequality and demand for prostitution are recognised drivers behind TIP in Rwanda. TIP is also nearly impossible to detect, and victim awareness is often too late. Rwanda does not have a central ministerial co-ordination centre, lacks data, resources and has a porous border. Traffickers take advantage of weak border control and a lack of information sharing between states. Wafula is mentioned as a particularly difficult border to manage. Okogbule, N. (2013). “Combating the ‘New Slavery’ in Nigeria: An Appraisal of Legal and Policy Responses to human Trafficking”. Journal of African Law 57(1):57-80 Nigeria is a country of origin, transit and destination for TIP, and estimated to account for about 70% of girls trafficked annually from Africa to Europe (n=70,000). The paper points out similarities in this practice across many African countries where the forced movement of persons from rural to more urban areas is for the purpose of domestic work etc. The paper focuses on how victims are treated at their destination, and does not discuss the transit phase of the trafficking process. There is mention of preferred air routes as well as increasingly used land and water routes: Katsina and Sokoto (north) have been identified as routes to the Middle East and East Africa. The paper mentions corruption among officials as an important variable and enabler of trafficking in persons through borders, given their role in travel document production and controlling of border crossings. The analysis further focuses on the government’s deployment of legislation and formulation of policies meant to tackle the phenomenon including the Trafficking in Persons (Prohibition) Law Enforcement and Prohibition Act (2003). The author recommends that the government address the socioeconomic variables that push people into human trafficking. Okumu, W. (2019). Human Trafficking in Taveta sub-County, Kenya: Context, Experiences and Policy Challenges. Online blog. Available at: https://www.liverpool.ac.uk/politics/study/resea rch-projects/akn/akn-blog/ads-blog-new/. 17/10/19. (date accessed 20/08/20). This blog presents research into TIP in Taveta on the Kenya – Tanzania border. The town has a One Stop Border Post which is staffed by customs and immigration officials from both countries. The town is a major trade centre. TIP takes various forms in the area. Examples include: adult women and young girls who are trafficked to the Middle East for domestic labour; young girls who begin sexual relationships with truck drivers and who are then trafficked out of the country; Tanzanian children who cross the border into Kenya to work on farms and carry produce to Taveta market; older girls from the wider area who are trafficked into the town or even to Mombasa to work as house maids. There are also reports of Ethiopians being trafficked through Taveta to Tanzania and on to South Africa. The large and porous border between Kenya and Tanzania means that TIP victims commonly transit the border 74 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract through the bush, circumventing border controls. Knowledge of the Kenya National Employment Agency is poor (the agency is responsible for registering recruitment agencies that offer jobs abroad). Instead, there is heavy reliance on the use of local networks, TIP networks and unregistered recruitment agencies, which may also be involved in TIP. The author highlights the importance of apps like “Just Good Work” which allow individuals searching for employment to do so safely. Lack of knowledge of TIP is said to contribute substantially to the large-scale TIP in crossborder communities such as Taveta. Olusegun, I.L (2018). “Beyond the borders – issues and perspectives on irregular migration and enforcement of human rights” Africa Insight 48 (1): 94-103 This article examines the ways in which the human rights of irregular migrants from Africa (individuals who have been smuggled and trafficking victims) are violated. Many of these violations occur in Africa, but irregular migrants are also affected by human rights abuses in destination countries, including in the use of detention or in the way migrants are expelled. Recent pacts between European countries and some transit countries, have worsened the situation. Migrants returned to Libya for example may be held for long periods in detention in very poor conditions and are treated as criminals. The paper offers a perspective on the hardships experienced by irregular migrants at every stage of their journey. Organisation for Security and Co-operation in Europe (2012). Handbook of Best Practices at Border Crossings – A Trade and Transport Facilitation Perspective. United Nations Economic Commission for Europe. Available from: www.unece.org/fileadmin/DAM/trans/bcf/publi cations/OSCE-UNECE_Handbook.pdf (date accessed 26/08/20). This handbook promotes the harmonisation of procedures and regulations and improved inter-agency co-operation at border crossings in order to support best practices and internationally accepted norms and standards. It raises awareness of instruments at their disposal for promoting and supporting better border management policies. Among others, the UNODC deals corruption, criminal justice, crime prevention, human trafficking and migrant smuggling, organised crime. The report notes that countries are tailoring and implementing measures to secure their borders by closing their borders to illegal traffickers, it does risk closing borders to legitimate traders and businesses. Prevention requires a balance between securing their borders and facilitating lawful trade. Improving the prevention and detection of human trafficking and smuggling is recommended by including a gender perspective into border management to protect and promote human rights, creating more gender-balanced and representative border management institutions, and improving local ownership, oversight and collaboration. Several protocols promote this, most notably, The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (2000). The OSCE Border Security and Management Concept (BSMC, or “the Concept”) is the core document that participating States shape their commitments to comprehensive security in the areas of trade and transport facilitation, border checks, and emerging transnational threats and their implications. The Concept and its related activities are intended to assist participating States in addressing transnational threats such as terrorism, organised crime, illegal migration, and illicit trafficking in weapons, drugs and human beings. The OSCE Border Management Staff College has specialist training of senior border officials focusing on border security and management, research and development capacity and outreach workshops and seminars. It also promotes using technology such as freight scanning to prevent human smuggling and trafficking as 75 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract many instances have found people smuggled within shipping containers or in hidden compartments in vehicles. Osezua, C. (2016). Gender Issues in Human trafficking in Edo State, Nigeria. African Sociological Review 20(1):36-66. The paper looks at whether or not eradicating existing gender inequality mitigates the challenges posed by human trafficking in Edo State, Nigeria. It focuses on sex trafficking specifically, and concludes that there is a firm link between women and children being the principal target groups as far as TIP is concerned, and their low socioeconomic status. Nigeria is regarded by UNICEF as being a leading country of origin for TIP. Despite legislation being in place, these laws are enforced within the existing social structures and are therefore sometimes at odds with cultural practices. There are no specific references to modes of transport used and the role transport providers play in facilitating trafficking of persons. Otañez, M R Sandramu, A McGill. (2018). “Human trafficking and forced labour in Malawi’s tobacco growing sector.” Tob. Induc. Dis. 16 (Suppl 1):A946 DOI:10.18332/tid/84669 This article reports on primary research into the trafficking of adults and children within Malawi and within and to Tanzania, Zambia and Mozambique to work on tobacco farms. A typical trafficking incident is described as a family (two adults and two children) being promised paid work by a recruiter and being transported up to 800kms from their homes. Children are sent to work in the fields rather than to school and the family remains indebted to farm owners due to the retention of earnings, with most unable to return home. The article highlights another form of TIP in one of the research study countries. Pessa G (2018) 53 illegal immigrants from Uganda arrested in Busia. The Daily Nation Newspaper Online. https://www.nation.co.ke/kenya/counties/busia /53-illegal-immigrants-from-uganda-arrested-inbusia-53932. 12/06/18. (date accessed 20/08/20). This news article reports on the arrest of 53 Ugandans (referred to as ‘illegal immigrants’ and ‘suspects’) and comprising men, women and children who were found 21kms from Busia which is located on the Uganda / Kenya border in June 2018. The group was travelling by bus to Nairobi. Very few of the group had ID papers with them and a few had forged temporary entry permits. The article reports that all 53 will be charged with illegal entry into Kenya as part of a crackdown on illegal migration. Although TIP is mentioned in the article, it is linked to child trafficking. The possibility that those arrested could also be victims of trafficking is not considered. This article suggests that understanding of TIP and the capacity to identify victims among border officials and police (and also the media) may be limited. Republic of Kenya (2020) Updated Integrated National Transport Policy. Nairobi: Ministry of Transport, Infrastructure, Housing and Urban Development Kenya’s 2020 updated integrated transport policy specifies that Road Side Stations (RSS) or rest areas along major transport corridors and highways can be centres of sensitisation on HIV/AIDS and human trafficking. However, the policy does not specify whether the role of the RSS’ is to sensitise drivers or the communities who live in close proximity to these services. Rickard, C. (2019). Human Trafficking Reports Show Sub-Saharan Africa a Global Player. AfricanLii Online. Available from: https://africanlii.org/article/20190718/humantrafficking-reports-show-sub-saharan-africaglobal-player. 18/07/19. (date accessed 20/08/20). This article discusses the phenomenon of TIP in SSA, especially as it relates to conflict. It correlates forced migration and communities of displaced persons with traffickers’ exploitation for forced labour. It points out demographic variations in victims of trafficking. A large proportion of victims are children in West Africa, adults in East Africa and women in Southern Africa. It goes on to indicate that girls are rarely detected in East and Southern Africa compared to West Africa. It states that less than a third of victims intercepted by authorities are trafficked for the purpose of sexual exploitation, versus a large majority who are coerced into forced labour. 76 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract Trafficking victims from East Africa are mostly found in the Middle East, compared to victims from West Africa who are often found in North Africa, Western and Southern Europe. There is no mention of transport. Sillfors, P (2018). Obligations, expectations and neglect. Former human trafficking victims’ experiences of vulnerability and reintegration in Kenya. Submitted as Master’s Thesis. University of Helsinki. Available from: https://helda.helsinki.fi/bitstream/handle/10138 /296458/Sillfors_Pauliina_Pro_gradu_2018.pdf?s equence=2&isAllowed=y (accessed 18/08/20). Based on material gathered in 2015 and 2016, this research explores the issue of vulnerability to TIP and experiences of reintegration from the perspectives of 12 former victims in Kenya, all of whom were trafficked to the Middle East. Experiences of vulnerability are rooted in financial hardship and financial obligations within families and are also associated with social problems at the intra-household level. Most of the former victims chose to migrate voluntarily as a survival strategy but became trafficking victims. All respondents faced difficulties with reintegration into their communities, highlighting the devastating and long-term effects of TIP. The study identifies two main cross border trafficking routes: the northeastern route which passes through Garissa on the Somalia border and the western route between Kenya and Uganda at Busia. The study discusses the role of domestic recruitment agencies in international trafficking, and the role of loose networks of family members, friends and acquaintances in domestic trafficking. Because Kenya is also a destination country for domestic workers from Uganda, this study provides useful contextual information on Kenya’s role in TIP within the region. Snajdr, E. (2013). “Beneath the master narrative: human trafficking, myths of sexual slavery and ethnographic realities”. Dialect Anthropol. 37:229–256 This paper aims to show that the problem of human trafficking is far from monolithic, as presented in many international documents, but is rather dynamic and context-based, and often linked to a host of issues that appear to be overlooked or ignored in policy making, in legislation or in advocacy for victims. The master narrative is working to three assumptions: (1) that TIP exists on a massive and ever-increasing scale; (2) that it is the result of legal shortcomings in other states (other than the US); (3) that the response should be to strengthen legislation and enforcement, and for NGOs to provide support to victims. The master narrative is often a tool devised by the west to shape criminal justice systems in transitional states. There is no mention of the role played by transport actors in facilitating TIP. Tairo, A. (2018). Tanzania named key path for human trafficking. The East African Newspaper Online. https://www.theeastafrican.co.ke/tea/news/eas t-africa/tanzania-named-key-path-for-humantrafficking-1390000. 21/04/18. (date accessed 20/08/20). This newspaper article reports that Tanzania is a leading transit corridor for irregular migrants from East and Central Africa, including Rwanda, Burundi, Ethiopia and Somalia who are hoping to reach South Africa and Mozambique. The International Organisation for Migration Tanzania Chapter reported a rise in TIP, with approximately 12,000 illegal immigrants transiting Tanzania every year. Between January and April 2018 1,840 Ethiopian and Somali immigrants were intercepted in Tanzania. The porous border between Tanzania and Kenya, particularly around Kilimanjaro, Arusha and Tanga regions where there are many unstaffed border posts, is a problem. Taremwa, J. (2017). “Investing in Youth through TVET: An Alternative Solution to Child Trafficking and Pro-Growth Strategies in Uganda.” Africa Journal 2(1): 64-74 This paper considers the challenge that youth unemployment poses to many African nations, not least Uganda. It is claimed that this directly contributes to the large number of girls and women being forced into commercial sex work in Kampala. It also examines the activities of Plan International Uganda in addressing this concern. The article focuses on the need to address the vulnerability of young girls and women to being trafficked, by increasing access to 77 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract technical and vocational education and training opportunities. There is no mention of transport and the role it plays in facilitating TIP. Truong, T. (2005). Poverty, Gender and Human Trafficking in Sub-Saharan Africa: Rethinking Best Practices in Migration Management. UNESCO. Available from: https://unesdoc.unesco.org/ark:/48223/pf00001 43227. (date accessed 25/08/20). The report analyses how international organisations and NGOs intervene based on their understanding of trafficking and what they view as ‘best’ ways to fight it, mostly for women and children in SSA. The report explores the connection between poverty, crisis, economic stagnation and a lack of policy on migration. Movement, even when hosted by family (e.g. child fostering), creates a lack of accountability and attracts maltreatment, especially for women and children. Human mobility has opposing aspects of free movement and human trafficking; the standards guiding economic transformation are at odds with those guiding social protection. This has created three groups of persons who are governed by different rules: skilled professionals with capital, low or semi-skilled labourers, and undocumented workers, refugees and asylum seekers. In Eastern and Southern Africa children are predominantly trafficked locally and traffickers are mainly locals. Where crossborder movement occurs traffickers tend to be foreigners or linked to criminal organisations. Trafficking has been reported from Angola and the Great Lakes region, Mozambique, Lesotho, and Malawi to South Africa, as well as from countries beyond SSA. Challenges facing anti-trafficking forces include lack of co-ordination and budget, but also bribes and armed traffickers. Many people, children especially, do not consider that they are being trafficked. Trafficking in Africa can be through small, family-related networks and does not always take place across national borders. Truong, T-D., and M. B. Angeles (2005). Searching for Best Practices to Counter Human Trafficking in Africa: A Focus on Women and Children. Report produced for UNESCO. Available at: https://unesdoc.unesco.org/ark:/48223/pf00001 38447. (date accessed 20/08/20). This study claims that knowledge of the political, legal, social and cultural aspects of TIP, the forms it takes, and its magnitude is fragmented. TIP has many different forms (a ‘constellation of practices’) and this makes it challenging for policy makers to understand the ‘science and practice’ of the trade. It is also underpinned by many different policy issues (migration management, crime control, labour standards, poverty reduction etc), hence the need for a co-ordinated response. Sex trafficking, for example, is framed in a number of different ways in the literature: as a labour problem; a problem of organised crime; a moral problem; a migration problem; public order problem; or a human rights problem. Intervention measures focus on four areas: to define different types of abuse; locate the perpetrators or agents; to devise policies to counter the trade; to promote co-operation between agencies involved in the area. The authors note that knowledge of trafficking in southern Africa is scarcer than in other parts of Africa (e.g. West and Central). The report examines the antitrafficking activities of ten NGOs. Although outside the date range of the research, this report is very useful conceptually. Tukwasiibwe, M, G. Muganga and A. Natuhwera. (2013). “Increased Women Trafficking in Uganda; Analysing the Domestic and International Legal Framework.” SSRN Electronic Journal Available at: DOI:10.2139/ssrn.2362786 This paper explores the various legal frameworks that deal with issues of trafficking of women and girls in Uganda and points to some of the challenges that Uganda faces in implementing existing legislation. The authors state that TIP is a core component of gender-based violence. Uganda has gained a reputation for TIP, a practice that is said to be more severe for the young girls who are caught up in it. The authors report studies undertaken by the Forum for Women in Democracy (FOWODE) and Uganda Women's Network (UWONET) on trafficking of girls. It is noted that for girls 78 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract located in very poor areas, or in areas that are post-conflict, TIP is a daily reality. For example, many girls from Karamoja region are transferred to Kampala for the purposes of sexual exploitation. There is no mention of transport or its role in facilitating the trafficking of persons. Uganda Police (2019). Annual Crime Report 2019. Available at: https://www.upf.go.ug/wpcontent/uploads/2020/04/Annual-Crime-Report2019-Public.pdf?x45801. (date accessed 21/08/20). This report specifies that there were 120 TIP incidents reported in 2019 involving 455 victims compared to 286 (and 650 victims) in 2018. Of the victims in 2019 16% were trafficked domestically and the remainder internationally. The low domestic trafficking figures may relate to fact that there is a long-standing tradition of placing children with other households so that they can earn an income. Adult women comprised the majority of reported international trafficking cases. The lack of cases being prosecuted and the low number of convictions is attributed to human resource and general funding constraints with the police force; the lack of public prosecutors leading to a backlog in cases, delays in receipt of expert reports etc. In 2019, of 207 adult TIP cases, 53 cases were taken to court and 14 convictions were achieved. In relation to child trafficking of 77 cases, 22 were taken to court and one conviction resulted. UNHCR (2014). Strategy and Regional Plan of Action: Smuggling and Trafficking from the East and Horn of Africa National Anti-Trafficking Plan (2018-2021). https://www.refworld.org/pdfid/5437a14d4.pdf. (date accessed 21/08/20). This is a progress report on smuggling and trafficking in the East and Horn of Africa following the development of UNHCR’s Strategy and Regional Plan of Action in 2012. In 2013 there were increased reports of refugee and migrant kidnappings and torture in some countries. Between 2009-2013 it was estimated that between 20,000–30,000 people were trafficking in the region with US$622 million in ransoms levied by traffickers. Over this period an estimated 5,000–10,000 trafficked persons lost their lives (mainly Sudanese who were taken to Egypt). The majority of trafficking victims (an estimated 95%) are Eritreans and the remainder are Somalians or Ethiopians. Sexual and gender-based violence is reported in large numbers, with women and girls mainly affected, although some men have also reported this type of violence. This document focuses primarily on refugees, smuggled persons and trafficked persons from the Horn of Africa. There is no mention of victims from the East of Africa, although it is possible that East Africans are trafficked through this route. United Republic of Tanzania. (2018). National Anti-Trafficking in Persons Action Plan 2018- 2021. Government of Tanzania. Available from: http://www.unodc.org/documents/southernafri ca//Publications/CriminalJusticeIntegrity/Traffick inginPersons/Tanzania_THE_NATIONAL_ACTION _PLAN_20182021.pdf. (date accessed 07/08/20). Tanzania enacted its Anti-Trafficking in Persons Act in 2008. This criminalises TIP and also provides for the provision of care, assistance and treatment of victims. The National Anti-Trafficking in Persons Action Plan, which covers the period from 2018–2021, has eight strategic actions. This includes ensuring the right regulations, policy and institutional mechanisms (the latter includes institutionalising the anti-trafficking function within the Ministry of Home Affairs); building capacity in TIP among public officials (local government, judiciary, police, immigration, and prison services), local government and civil society organisations; public awareness raising and preventive actions; provision of victim and witness support and protection, including support services that assist with a victim’s reintegration into society; communication, co-ordination and co-operation (with CSOs, private sector and the general public); research and information sharing and improved M&E; and resource mobilisation. The plan provides for a large-scale, multi-faceted public TIP awareness-raising programme by 2021. There are also plans to ‘disrupt popular TIP routes’ by educating members of the 79 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract local community and local leaders and setting up help lines. Other aspects of the plan cover provision of support (legal, medical, shelter) for trafficking victims and providing witness protection; carrying out research on the routes used by traffickers and the magnitude of the problem; establishing a national management information system on TIP and mobilising resources to fund the NAP. The total value of the NAP is 6,251,500,000 shillings (£2.06 million). UNODC (2018). Global Report on Trafficking in Persons 2018. Vienna. United Nations Office on Drugs and Crime. Available from: https://www.unodc.org/unodc/data-andanalysis/glotip.html This 2018 report provides an overview of the global TIP situation. More cases are being reported internationally, but this could be due to improved detection and reporting. Between 2009 and 2018 the number of countries with a body that systematically collects and disseminates data on trafficking cases increased from 26 to 65. Despite legislation being in place in some countries for some years, the number of convictions has only recently started to increase. Persons trafficked from countries with low detection rates, including those in SSA, are found in large numbers in other countries, suggesting that traffickers take advantage of the lack of counter-trafficking infrastructure and resources and view the trade as relatively low risk. Trafficked persons from SSA are found in a larger number of destinations than those originating from other parts of the world. The report suggests that traffickers are very active and well organised. Globally, women and girls make up 49% and 23% of trafficked persons respectively, and comprise the majority of victims trafficked for sexual exploitation. Trafficking for forced labour is the most detected form of trafficking in persons in SSA, but detection and convictions remain very low. The report points out that trafficking is increasingly a national problem, with domestic trafficking victims comprising the majority of victims detected worldwide. In general, however, patterns and flows of TIP are under-researched. Strengthening the evidence base will help countries to better tailor their response. Uteng, T.P (2019). State of the Knowledge Study on Gender and Transport in Developing Economies. Final Report. HVT Applied Research Programme. Available from: transportlinks.com/wpcontent/uploads/2019/12/HVT008.002_SOKGendered-Mobilities_FINAL-REPORT.pdf. (date accessed 31/07/20). This state of knowledge paper explores the topic of gender, transport and mobilities in low- and middle-income countries. The paper highlights critical research gaps based on a literature review. Key gaps in knowledge include: exclusion of gender from costbenefit analyses which are used to justify investment in car-based urban mobility; the importance of affordable public transport for women’s mobility; how to address the transport needs of the informal economy where women are concentrated; how to better connect transport with other sectors (health, employment, education); how to better address the personal safety concerns of women who are on the move; the lack of efforts to address the gender imbalance within the transport sector workforce; lack of indicators to monitor gender and transport issues; lack of sex disaggregation of traffic accident data; and the need for improved knowledge on the mobility needs of women entrepreneurs engaged in cross-border trading. Although personal safety and transport issues are highlighted as a knowledge gap, the paper does not mention the links between transport, mobility and TIP. Uteng, T. P and Turner, J (2019). “Addressing the Linkages between Gender and Transport in Lowand Middle-Income Countries.” Sustainability, 11: 4555. This article looks at mobility and transport from a gender perspective – a topic that has been largely neglected at national and global levels. The article presents a literature review on gender and transport and discusses these issues in relation to new ideas on smart, green and integrated transport. The paper looks at safety 80 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract issues (e.g. fear of sexual harassment on public transport and public spaces) in relation to women’s mobility. Discussion of transport use is framed in terms of enabling access to education, markets and services. Although the linkages between cross-border trade, transport provision and gender equality are described as a gap in the evidence base, there is no mention of the linkages between transport, gender and TIP, which serves to reinforce the fact that this is an under-researched topic. Van Riesen, M (2017). Early Child Marriage, Sexual Practices, and Trafficking of the Girl Child in Uganda. Technical Report. Available from: https://www.researchgate.net/profile/Mirjam_R eisen/publication/320616659_Early_Child_Marri age_Sexual_Practices_and_Trafficking_of_the_G irl_Child_in_Uganda/links/59f0b1abaca272cdc7c dfa46/Early-Child-Marriage-Sexual-Practicesand-Trafficking-of-the-Girl-Child-in-Uganda.pdf. (date accessed 22/08/20). This report looks at the complexity of factors (e.g. gender discrimination, poverty, lack of employment, high HIV/AIDs rates, increasing numbers of orphans and street children) that create the backdrop and the ‘push factors’ for trafficking in children in Uganda. Street children, especially those in the 14-17 age bracket are at increased risk of TIP, especially for the purposes of commercial sexual exploitation. Walk Free Foundation (2018). The Global Slavery Index 2018: Africa Region Report. Perth, Australia. Available from: https://www.globalslaveryindex.org/resources/d ownloads/ (date accessed 15/08/20). This report analyses the nature and extent of modern slavery in Africa in 2018. Modern slavery includes TIP, but also statesponsored forced labour and forced marriage. Africa has the highest prevalence of modern slavery in the world with an estimated 7.6 in every 1,000 people affected. Uganda and Tanzania had a prevalence of 7.6 per 1,000 and 6.2 per 1,000 respectively and an estimated 304,000 and 336,000 victims in 2018. The report highlights key trafficking routes and destinations. East Africans travel to the Middle East for employment as low-skilled workers and may become trafficked as part of this process. The route from Djibouti to Saudi Arabia via Yemen continues to provide a flow of migrants. South Africa receives migrants from other southern African countries and from DRC, Rwanda and countries in the Horn of Africa, and also individuals trafficked from East and South Asia and Eastern Europe. Migrants may fall into the hands of traffickers before they reach the border. Systematic abuse of African migrants travelling to Europe via North Africa are reported, including cases forced labour and sex trafficking. African migrants using overland desert routes to reach North Africa to work or to travel onwards to Europe face threats of forced sex, debt bondage, and kidnapping. Libya is a key destination country for migrants from SSA. There are reports of women being sold into brothels, kidnappings and forced labour. The report claims that Africa has the highest average vulnerability score to modern slavery, based on an assessment of governance issues, effects of conflict, existence of disenfranchised groups, inequality and lack of basic needs. Uganda and Tanzania have a vulnerability score of 60.8 and 60.5 respectively, ranked 23 and 24 of 51 countries. In Uganda the stigmatisation of the LGBTI community adds to its vulnerability to sex trafficking and other forms of exploitation. The government response to modern slavery is rated as CCC in Tanzania and B (significantly higher) in Uganda. Wambi, M. (2019). When the Search for Jobs Ends in Slavery. Inter Press Service News Agency Online. Available from: http://www.ipsnews.net/2019/09/search-jobsThis article reports the story of a Ugandan woman who was lured into forced labour under the guise of a lucrative job opportunity in Jordan. Kenya has been identified as a common transit hub for victims of TIP en route to the Middle East, mostly for the purpose of forced domestic labour. In Uganda, the externalisation of labour to generate remittances is still encouraged despite significant 81 LITERATURE REVIEW: AN INVESTIGATION INTO THE IMPACT ON SOCIAL INCLUSION OF HVT CORRIDORS AND SOLUTIONS TO IDENTIFYING AND PREVENTING HUMAN TRAFFICKING Reference Abstract ends-slavery/ 18/09/19. (date accessed 23/08/20). criticism, and moreover travel bans for domestic work abroad were lifted despite numerous reports of abuses. It is known that agencies in Nairobi recruiting for foreign labour target Ethiopian, Rwandan and Uganda nationals who are usually sent to the Middle East and China. In 2019, the U.S. State Department indicated that Uganda is still underperforming in its efforts to eliminate TIP, and pointed out that corruption and complicity among officials still inhibit enforcement of anti-trafficking legislation and exacerbate the problem. A Ugandan High Court judge reported the need for the establishment of a special body to deal with TIP and victim-witness protection laws. Lack of these laws is currently inhibiting prosecutions and convictions of perpetrators. Williams, W. (2019). Shifting Borders: Africa’s Displacement Crisis and Its Security Implications. Africa Center for Strategic Studies Online. Available from: https://africacenter.org/publication/shiftingborders-africas-displacement-crisis-and-itssecurity-implications/. 17/10/19. (date accessed 20/08/20). This report looks at migration as a destabilising force and claimsthat the criminal activity and corruption associated with trafficking undermines domestic stability and the rule of law. 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