Resolution on Combating Human Trafficking in Africa
We, the participants to the Forum on the Participation of NGOs in the 44th Ordinary Session of the African Commission on Human and Peoples’ Rights held in Abuja, Federal Republic of Nigeria from 7th to 9th November, 2008,
Recognizing the United Nations Slavery Convention 1927 that abolishes slavery in all of its forms including forced or compulsory labor that develops into “conditions analogous to slavery” and the responsibility of State parties to eradicate slaver and all forms of oppression;
Recognizing the Convention for the Suppression of Traffic in Persons and of the Exploitation of the Prostitution of Others (1949) that seeks to abolish prostitution by preventing the movement of women even voluntarily, into the sex industry;
Noting the UN Convention Against Transnational and organized Crime and the supplementary Protocol to Prevent, Suppress And Punish Trafficking in Persons, Especially Women And Children 2000 (known as Palermo Protocol), which specifically addresses trafficking in persons;
Noting also the ILO Convention 182 on Worst Forms of Child Labour that calls for urgent action towards the elimination of child labour and enjoins state parties to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour;
Recalling the Universal Declaration on Human Rights (1948); the International Covenant on Civil and Political Rights (1966); the International Covenant on Economic Social and Cultural Rights (1966); the Convention on Elimination of All Forms of Discrimination Against Women (1979); the UN Convention on the Rights of the Child (1989); the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000); Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; the Convention on the Elimination of all forms of Racial Discrimination (1965); the ILO Convention No. 29 Forced or Compulsory Labour; the UN General Assembly Declaration on Violence Against Women (1993); the Convention on the Protection of the Rights of All Migrant Workers and Their Families; the African Charter on Human and Peoples Rights (1981) ; the African Charter on the Rights and Welfare of the Child, (1990); the Protocol to the African Charter on the Rights of Women in Africa (2003); the Vienna Declaration and Programme of Action 1993; and the Beijing Platform of Action 1995.
Recognizing cultural, traditional and religious practices of fostering children in Africa which promotes trafficking especially the practice of sending children to other relatives for purposes of education or apprenticeship;
Recognizing that conflicts that has engulfed most part of Africa has increased vulnerability of persons to trafficking especially women and children;
Concerned that growing signs of economic pressures and persistent poverty in Africa are leading to a resurgence of human trafficking especially on women and children for forced prostitution, domestic labour and sexual exploitation;
Concerned also about the use of information technology, including internet, for the purposes of exploitation of the prostitution of others, for trafficking in women, for sex tourism exploiting women and children and for child pornography, paedophilia and any other forms of sexual exploitation of children;
Noting that trafficking is a grave violation of human rights especially the right to liberty, and the right not to be held in slavery or involuntary servitude; the right to be free from cruel and inhumane treatment, the right to be free from violence, and the right to health;
Reaffirming the provisions in both the African Charter on the Rights and Welfare of the Child (1990- Art 29) and the Protocol to the African Charter on the Rights of Women in Africa- Article 4 (2) (g) prohibits trafficking in children and women and require state to prosecute the perpetrators of such trafficking and protect those at risk;
Reaffirming the UN resolution adopted by the General Assembly (A/61/144) 19th December 2006 on Trafficking in Women and girls particularly the need for global efforts, including international cooperation and technical assistance programmes, to eradicate trafficking in persons, especially women and children, demand the strong political commitment, shared responsibility and active cooperation of all Governments of countries of origin, transit and destination;
Recognizing as stated in the Principles and Guidelines developed by the United Nations Office of the High Commissioner for Human Rights that ‘‘Violations of human rights are both a cause and a consequence of trafficking in persons. Accordingly, it is essential to place the protection of all human rights at the centre of any measures taken to prevent and end trafficking. Anti-trafficking measures should not adversely affect the human rights and dignity of persons and, in particular, the rights of those who have been trafficked, migrants, internally displaced persons, refugees and asylum-seekers.’’
Recognizing the need to promote respect for the human rights of individuals who have been victims of trafficking including those who have been subjected to involuntary labour and/or slavery like practices;
Bearing in mind that trafficking in human beings is not just a problem of serious organized crime, law and order or immigration and border control; by its very nature it also involves grave human rights violations which can include rape, torture, loss of dignity, slavery, forced labour, arbitrary detention and in the worst cases deprivation of life;
Seriously concerned that Africa has become a major source and supplier of trafficked persons around the world and increasing number of women and girls, men and boys that are trafficked within and outside the region;
Determined to battle and change this reality and image of Africa concerning human trafficking;
Welcomes the efforts of Governments, African Union and African Commission, United Nations, intergovernmental organizations and non-governmental organizations to address the particular problem of trafficking, especially in women and girls, and encourages them to continue doing so and to share their knowledge and best practices as widely as possible.
Hereby calls upon the African Commission on Human and Peoples Rights to urge member states to:
- Condemn the practice of trafficking as an act of violence ad increase public awareness on the trends of trafficking in their countries to expose the risks involved.
- Encourage urgent action to address the root causes of trafficking such as growing poverty, unemployment and gender inequalities that increase women and girls vulnerability to trafficking
- Ratify the Palermo Protocol and other human rights instruments, at the international and regional levels, that address human trafficking especially of women and children
- Encourage African countries to develop and implement comprehensive national plans of action on combating all forms of trafficking
- Promote cooperation, coordination and capacity-building trainings on law enforcement to combat inter-state trafficking within the continent and support the reintegration of trafficked victims in line with human rights standards
- Undertake stringent measures against the trade of trafficking including the prevention of trafficking of persons outside the continent, facilitating the return of trafficked victims and providing them with the necessary compensation.
- And urge the African Commission to liaise and collaborate with the UN Special Rapporteur on Human Trafficking.
Done in Abuja, November 9th, 2008
