Trafficking Risk in Sub-Saharan African Supply Chains

Home / Explore by Commodity / Explore by Country / Understand Risk / Additional Resources About the Project

South Africa Country Overview

Politics

South Africa is a parliamentary republic in which constitutional power is shared among the executive, judicial and parliament branches.[1] Since 1994, the African National Congress (ANC) has been the country’s governing party. Jacob Zuma, who was reelected for his second term in May 2014, was forced to resign in February 2018 after numerous corruption scandals. Cyril Ramaphosa succeeded President Zuma and was elected as South Africa’s president in an unopposed election in February 2018.[2]

Economy

South Africa is classified by the World Bank as an upper middle income economy.[3] The South African economy grew by 1.4 percent in 2017, 0.8 percent in 2018, and 0.2 percent in 2019, but is projected to retract by a rate of 7.1 percent in 2020.[4] South Africa is considered to be the continent’s most advanced and mature economy with vibrant financial and service sectors and preferential access to export markets in the United States, European Union and southern Africa in general. State-owned enterprises (SOEs) play a significant role in the South African economy in key sectors like electricity, transport and telecommunications, to the extent where the government’s interest in these sectors discourages foreign investment.[5]

Since taking office in 2018, President Ramaphosa has been trying to institute policies that would revitalize South Africa’s economy and improve its investment climate after a decade of stagnated economic growth. While the initiative is promising, there are many systematic challenges that need to be addressed including rooting out corruption, reorganizing SOEs, improving infrastructure and lowering the unemployment rate which stands at above 27 percent.[6] Further, the government has proposed a variety of laws, policies and reforms envisioned to transition the employment and ownership of companies to benefit historically disadvantaged, mostly black, South Africans. While the business community reportedly recognizes the need to improve outcomes for those who have remained historically disadvantaged since apartheid, these initiatives and proposals have contributed to uncertainty among investors about the future regulatory and investment climate.[7]

Social/Human Development

According to the United Nations Development Program, South Africa ranks as the 113th country on the Human Development Index (HBI), with a score of 0.705.[8] South Africa has one of the highest inequality rates in the world which perpetuates both inequality and exclusion; data shows that the Gini coefficient measuring relative wealth reached 0.63 in 2015, an increase from its 1994 rate of 0.61). The poorest 40 percent of the South African population holds 7 percent of income, while the wealthiest 20 percent consume 68 percent.[9]

According to the World Bank, South Africa has made considerable strides toward improving the wellbeing of its citizens since the transition to democracy in the mid-1990s, but progress is reportedly slowing. Based on the international poverty line, poverty in South Africa was  18.8 percent in 2015, an increase from 16.8 percent in 2011, but a decline from its rate of 33.3 percent in 1996.[10] High unemployment remains a key challenge; from 2010 to 2019, South Africa’s unemployment rate has risen from 24.69 percent to 28.18 percent , and the unemployment rate is even higher among youths, at close to 50 percent.[11]

The HIV/AIDs epidemic in South Africa has left thousands of vulnerable children orphaned. The General Household Survey (2018) conducted by the government entity Statistics South Africa found that 19.8 percent of children lived with neither biological parents and 11.7 percent of children were orphaned.[12]  These children sometimes turn to prostitution to support themselves and their siblings. Traffickers tend to seek out rural areas to recruit children and move them to urban centers in Johannesburg, Cape Town and Durban.[13]  

U.S. Department of State TIP Report Summary (2019)

U.S. Department of State TIP Ranking: Tier 2 Watch List

The Trafficking in Persons Report noted trafficking or trafficking vulnerability in potentially exported supply chains including agriculture and fishing.

Migrant and Other Vulnerable Populations

South Africa has positive net migration, with migrants making up 7.1 percent of the population.[14] The largest source countries for migrants are Mozambique, Zimbabwe, Lesotho, Namibia, and the United Kingdom.[15] Other migrant source countries include Swaziland, Malawi, and Zambia with some migrants coming from East and Central Africa.[16] There were a reported 273,488 persons of concern in South Africa at the end of 2018. This total included 89,285 refugees and 184,203 asylum-seekers.[17]

Top destination countries for migrants from South Africa are the United Kingdom, Australia, the United States, and New Zealand.[18]

Exports and Trade


The top exports from South Africa in 2018 include platinum, coal, vehicles, gold, and ores.[19]

The top importers of all goods from South Africa are China, Germany, the United States, the United Kingdom, and Japan.[20]

Trafficking in Persons Risk Factors Analysis

Legal/Policy Risk Factors

LEVEL OF LEGAL PROTECTION FOR CIVIL LIBERTIES AND WORKERS’ RIGHTS
Freedom of Association

According to the U.S. Department of State, South Africa’s constitution provides for the right of freedom of association, and the government respects this right.[21] National Intelligence Agency and Secret Service members are prohibited from joining unions. Overall 29.5 percent of all employees belong to one of the many trade unions active in the country.[22] The law allows unions to operate without interference and provides the right to strike, except those workers in essential services, which is defined “as a service, the interruption of which endangers the life, personal safety, or health of the whole or part of the population,” such as the parliamentary service and police force.[23]

Labor strikes are used frequently by workers during a dispute, however, only after following a legal process. Sectors that were affected by strikes recently include transportation, health care, mining, academia, and municipal services.[24]

The Congress of South African Trade Unions (COSATU) is the largest labor federation and is allied with the country’s governing party, the ANC.  However, COSATU faces challenges from factionalism and other independent unions.[25] In 2017, union affiliates that disagreed with COSATU and ANC’s alliance broke off to form a new organization, the South African Federation of Trade Unions.[26]

 

Working Conditions

In South Africa, the Employment Equity Act protects all workers against unfair discrimination on the grounds of race, age, gender, religion, marital status, pregnancy, family responsibility, ethnic or social origin, color, sexual orientation, disability, conscience, belief, political, opinion, culture, language, HIV status, birth, or any other arbitrary ground.[27] However, discrimination in employment and occupation has been reported to occur in practice in relation to gender, disability, race sexual orientation, HIV status and country of origin.[28]

The first national minimum wage was put into effect January 1st 2019 and is set above the official poverty line .[29]  The standard workweek is 45 hours and provides time-and-half pay for overtime, however overtime may not be more than 10 hours per week and is only allowed via permit by agreement between employer and employee.[30] The law applies to all workers, including workers in informal sectors, foreigners and migrant workers. However, the government does not prioritize labor protections in the informal economy. [31]

The mining sector has separate legislation to ensure the occupational health and safety of miners. Safety standards are set by the Department of Mineral Resources whereas the Department of Labor determines them for all other sectors.[32] The law strictly punishes employers for the serious injury or illness of their employees due to unsafe mining conditions, yet the government reportedly has failed to effectively enforce the law at times.[33]
Although mineworkers are granted the right to remove themselves from work situations deemed dangerous to their health and safety without risking loss of employment, there are no laws or regulations that protect against this risk for workers outside of the mining sector. [34] The law does stipulate that employers cannot retaliate against employees who disclose poor workplace conditions, however.[35]

 

Discrimination

Aimed at fostering equality, the law requires employers with 50 or more employees to provide previously disadvantaged groups, legally defined as “Africans or blacks”, “Coloureds,” and “Asians,” accounting for more than 90 percent of the population, to be represented adequately at all levels of the workforce. However, according to the 2016-2017 Employment Equity Report,  whites are disproportionately represented in the workplace, as they occupied 69 percent of top management and 58 percent of senior management positions while making up 10 percent of the population. [36]

Indigenous people in South Africa, mainly the San and Khoi, in many cases are not protected effectively by the government. Indigenous people have reported being excluded from land restitution, housing and affirmative action programs. The indigenous groups have demanded that they be acknowledged as “first peoples” in the constitution, but the government has failed to recognize this claim, which has impacted the San and Khoi’s legal recognition as traditional leaders.[37]

The law prohibits discrimination based on sexual orientation “in housing, employment, nationality laws, and access to government services such as health care.”[38] However, LGBTI persons face mistreatment, violence, and harassment due to the anti-LGBTI attitudes within communities and among police.[39] Social stigma associated with HIV/AIDs remains a serious problem, especially for rural communities.

Despite legal equality of women in family, labor, property, inheritance, nationality, divorce and child custody matters, discrimination reportedly remains a serious problem. The law prohibits sexual harassment, yet it remains pervasive.[40]

 

Forced Labor

The law in South Africa prohibits all forms of forced or compulsory labor, although the U.S. Department of State has reported that the government has not upheld the law effectively, with reports of forced labor involving foreign children and men and women in the fishing and agricultural sectors.[41]

Child Labor

Children under the age of 15 are not allowed to work, however exceptions are made for the performing arts with permission from the Department of Labor and agreement to specified guidelines.[42] Further, children between the ages of 15 and 18 are prohibited from work that “threatens a child’s wellbeing, education, physical or mental health, or spiritual, moral, or social development.”[43] Child labor laws are inconsistently enforced in the informal and agricultural sectors.[44]

In South Africa, public education is compulsory until the age of 15 or grade nine.[45]

 

Civil Society Organizations

NGOs operating in South Africa can register and operate freely.[46] According to Freedom House, South Africa’s status is “Free” and scores a 79 score (where 100 has exemplary civil liberties and political rights protections, and 0 has none).[47] While NGOs have reported being able to register and operate freely, some journalists and rights groups are concerned with the misuse of surveillance laws, specifically the 2002 Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA), the constitutionality of which is being contested in court.[48]

Immigration Policies Limiting the Employment Options or Movement of Migrants

In recent years, notably in September 2019, there have been outbreaks of violence against migrants. Many cite the country’s high unemployment rate, which has hovered between 26 and 29 percent in the past decade, and the belief that foreigners are taking away jobs as one of roots this anti-immigrant sentiment.[49]

The importance of migrant workers in South Africa’s mining and agriculture sectors is diminishing. In the early 2000s, foreign workers made up around half of South Africa’s miners, but in 2012, only one out of five workers were foreign-born.[50] Between 2001 and 2011, the share of foreign workers in agriculture halved from 12 percent to 6 percent. However, according to the OECD, foreign-born workers are overrepresented in the expanding service sectors of the economy.[51]

Unlike many other African countries where refugees are required to stay in camps under restrictive rules, refugees in South Africa have the right to move anywhere in the country, receive social support, and work. However, in practice, many refugees in South Africa do have troubles accessing these rights and support.[52]  The U.S. Department of State reports that while the law provides protection for refugees and asylum seekers, many are frequently denied employment because of their status.[53]

All foreigners who wish to work in South Africa for a short period of time, less than 90 days, must obtain a Visitor Visa (with authorization to work) prior to arriving. Other work visa schemes include the Critical Skills Work Visa, aimed at professions with a shortage of labor, and the General Work Visa, which requires employment with a South African company and a certificate from that company that they could not find a suitable domestic applicant.[54]

 

Ratification of ILO Conventions Related to Human Trafficking or Rights of Workers and Migrants

[55]

Use of Export Processing Zones (EPZs)

In the past 20 years, South Africa has established Special Economic Zones (SEZ) and Industrial Development Zones (IDZ) with special privileges in an effort to boost its position in the world economy by attracting Foreign Direct Investment (FDI) and increasing exports.[56] The U.S. Department of State reported in 2019 that these IDZs are not exempt from environmental or labor laws.[57]

 

Bilateral Agreements with Migrant-sending Countries

In the period of its transition to a democratic state in 1994 to 2014, South Africa has concluded bilateral agreements and MOUs on labor migration with six of its sub-Saharan African neighbors: Democratic Republic of Congo (DRC), Lesotho, Mozambique, Namibia, Tanzania, and Zimbabwe.[58]

Although comprehensive Bilateral Labor Migrant Agreements are commonly used in the 20th century, since 1994, South Africa has increasingly used Memorandums of Understanding (MoU) to address labor migration with certain countries. MoUs provide more flexibility with agreements, which many in the South African government favor as the country already has a high unemployment rate and the importance of foreign workers in the mining industry has decreased in recent years.[59]

A 2014 review published by the ILO and the South African Development Council (SADC), of which South Africa is a member, indicated that these agreements and MOUs have left gaps in protection for migrant workers and their families. While the agreements differ in some respects, they generally lack the following:

·         references to basic, fundamental rights of migrant workers and their families;

·         special attention to vulnerable groups such as women and children;

·         accessible and effective channels for migrant workers to use to enforce their rights.[60]

The ILO report further indicated that as a whole, the MOUs may require further development of institutional frameworks before they can be fully implemented. The current bilateral instruments, as the ILO refers to them, reportedly emphasize policing and controlling migration through force and sanctions. Although the agreements and MOUs have limitations, the ILO report indicates that a key objective of the agreements is to combat cross-border trafficking.[61]

Political Risk Factors

POLITICAL INSTABILITY OR CONFLICT

South Africa scores a 71.1 in the 2019 Fragile States Index, placing it in the “Elevated Warning” Category.[62] South Africa is comparatively more politically stable than its main labor supply countries, who are ranked in the “Alert” and “High Warning” Categories.[63] However, xenophobic violence erupted in August and September 2019 which led to the killing of 12 people.[64]

LEVEL OF CRIME AND VIOLENCE

In 2019, South Africa reported the highest murder rate of the decade, with 36.4 murders per 100,000 people and 21,000 murders throughout the year.[65] The World Economic Forum Global Competitiveness Report ranks South Africa 125 out of 140 for organized crime.[66]

STATE PERSECUTION

In 2019, South Africa was the site of large-scale xenophobic attacks on foreign nationals and their businesses. The targets of the violence were mostly African immigrants from Nigeria, Somalia, Ethiopia, and the Democratic Republic of the Congo.[67] Human Rights Watch reported that despite the government launching a National Action Plan to raise awareness about xenophobia, discrimination and racism, the plan does not address the problem of accountability for xenophobic crimes.[68]

Principal human rights problems involve the police’s use of lethal and excessive force including torture, abuse, rape and beating of prisoners and vigilante and mob violence. During 2018-2019 Amnesty International reported 393 deaths because of police action and 214 deaths in police custody, 270 cases of torture, and 124 cases of rape by police.[69]

According to the U.S. Department of State, NGOs and media reported that security forces have arrested migrants and asylum seekers indiscriminately, even those with proper documentation, and threatened migrants with bureaucratic difficulties unless they paid a bribe.[70] Further, according to NGOs, though the law bans the detention of unaccompanied minors, government agencies have been reported to detain children.[71]

 

LEVEL OF CORRUPTION

The 2018 Transparency International Corruption Perception Index scores South Africa as 43 out of 100, where a score of zero signals “Highly Corrupt” and 100 signals “Very Clean.” South Africa is ranked 73 out of 180 countries on the index.[72] The law provides criminal penalties for conviction of official corruption and the government continues efforts to quell corruption, yet some officials have continued with impunity. The U.S. Department of State reports widespread official corruption, politically motivated killings, and judicial corruption despite such anticorruption programs. [73]

Socio-Economic Risk Factors

LEVEL OF NATIONAL ECONOMIC DEVELOPMENT

South Africa scored in the medium human development category, according to the UN Human Development Index, with a rank of 113 out of 189 countries and a score of 0.705.[74] South Africa’s 2018 HDI of 0.705 is above average for other countries in the medium human development category, who on average score 0.634, and above average for other sub-Saharan African countries at 0.541.[75] However, when adjusted for inequality, the HDI falls to 0.463—a loss of 34.4 percent.[76] Countries of labor supply, mainly Zimbabwe, Mozambique and Lesotho, have lower HDIs in comparison to South Africa.[77]

LEVEL AND EXTENT OF POVERTY

8.2 percent of the population in South Africa are multidimensionally poor while an additional 14 percent live near multidimensional poverty (MP). The intensity of MP, which is the average deprivation score experienced by people, is 39.3 percent.[78]

DEGREE OF GENDER INEQUALITY

The UNDP Gender Inequality Index scores South Africa at 0.422 and ranks the country 97 out of all countries on the 2018 index.[79]

According to the U.S. Department of State, despite legal equality, women are reported to be discriminated against in regard to wages, access to credit, and landownership. Customary practices in rural areas often default to patrilineal systems, where males are given preference.[80] These traditional authorities sometimes refuse to grant land tenure to women, which is a prerequisite to be eligible for housing subsidies.[81] Further, there are reports that in some communities after a women’s husband dies, his wife and children are inherited by his family. Though the law gives women rights to land, the lack of legal literacy and cost to challenge land tenure decisions further serve as barriers to equality in practice.[82] 

In agricultural labor there are substantial gender differences in the type of work performed and nature of employment relationships. Most women tend to work in low-paying, seasonal or temporary jobs, where workers are paid substantially less than permanent workers receive and where they lack the same economic security that permanent workers have. These casual workers are at a much larger risk of food insecurity. [83]   

 

LANDLESSNESS AND DISPOSSESSION

According to the U.S. Department of State, land ownership in South Africa is highly uneven as a result of racially discriminatory property laws made during apartheid.[84]

In South Africa, the Expropriation Act of 1975 and the Expropriation Act Amendment of 1992 entitle the government to expropriate private property for reasons of public necessity or utility. Under these laws, the owner of the land is compensated through negotiation or as determined by a court. In February 2018, a motion passed to explore a proposal that would allow for expropriation without compensation, amending the constitution, in the hopes of making land reform more successful.[85]

 

ENVIRONMENTAL FACTORS

The CIA World Factbook indicates that South Africa faces several environmental issues related to water. In the past few years, the country has had to impose many emergency measures to conserve its water supply due to hot temperatures, dry weather, and el-Nino events.[86] The country requires extensive water conservation and control measures; demand for water is outpacing supply, and rivers are polluted from agricultural runoff and urban discharge. In addition, the country is experiencing desertification.[87]

According to the National Resource Governance Institute (NRGI), while South Africa does have a legal framework for resource governance and rules regarding the disclosure of environmental impact assessments and mitigation plans for the mining sector, it was found that not all relevant documents about impact and mitigation are disclosed. Further, South Africa is not involved with the international Extractive Industry Transparency Initiative, nor does it practice taxation global best practices, such as disclosing tax payments from individual companies.[88]

 

Documented Trafficking and Trafficking Risk in Key Commodity Supply Chains

Apparel

APPAREL OVERVIEW

With over 4,500 manufacturers, clothing, textile, footwear, and leather contribute to 2.5 percent of South Africa’s manufacturing output.[89] The industry experienced a brief dip in the mid 2000s, but has recently been plagued with continued slow growth.[90] In 2018, textile and clothing had its fourth consecutive year of production decline with a 2.4 percent drop in production, while apparel products had a 4.9 percent drop in production.[91] There are ongoing efforts to revive the industry, including the introduction of aggressive tariffs, as high as 40 percent, and promotions to encourage investments.[92]

DOCUMENTED TRAFFICKING IN PERSONS RISK FACTORS IN APPAREL PRODUCTION

The apparel industry is characterized by a strong trade union presence, notably the Southern African Clothing and Textile Workers Union (SACTWU). The SACTWU has approximately 100,000 members with an 85 percent union density rate in the industry, making it the 10th largest affiliate of the powerful Congress of South African Trade Unions (COSATU). SACTWU engages in collective bargaining on behalf of workers, manages benefits and complaints, advocates for workers, and promotes health, basic and higher education.[93] In 2019, SACTWU negotiated for a 7.5 percent wage rate increase, which brings the monthly wage for a worker with a 9-hour work day to ZAR 3900 (USD 271).[94]

In 2017, the U.S. Department of State reports that a “downturn in the textile industry [in Swaziland] has led textile workers to follow promises of employment in neighboring countries, potentially increasing their vulnerability to trafficking.”[95] That year, 72 people were allegedly trafficked from Mozambique, Swaziland, and Lesotho to apparel factories in South Africa.[96]

Diamonds

DIAMONDS OVERVIEW

While South Africa continues to be a major player in the global diamond market, production has dropped off in recent years. Many mines have closed over the past few years and the De Beers Group, which dominated the diamond industry, has sold off some of its smaller mines. Between 2007 and 2016, rough diamond production fell from 15.2 billion dollars to 8.3 billion dollars. The decline of production has affected the number people employed in the industry. Two decades ago, there were 50 thousand diamond cutters in South Africa, but now there are only a few hundred. Increasing global competition, complex government regulation, and declining availability of rough diamonds have all been cited as a reason for the decline.[97]

DOCUMENTED TRAFFICKING IN PERSONS RISKS FACTORS IN DIAMOND PRODUCTION

Although much of the diamond mining sector in South Africa is formalized, illegal mining continues to present significant risks to miners. By some estimates ZAR 6 million worth of diamonds are being mined illegally with approximately 100,000 informal miners in the country.[98] Many illegal miners are pushed to the profession because of lack of job opportunities. These artisanal miners often do not have the resources to obtain permits, which require documents like environmental impact assessments and safety plans, to operate, and thus remain excluded from the industry.[99] In 2009, 80 miners died after inhaling poisonous gas from a fire in an illegal mine. In 2012, 22 miners were killed by falling rocks.[100]

Recently the government has launched a scheme to legitimize informal, artisanal miners by granting licenses. However, the project has been targeted with violence by miners not involved in the project.[101]

Fruits and Nuts

FRUITS AND NUTS OVERVIEW

The fruit and nut industry in South Africa accounts for over 52 percent of the country’s agricultural exports and employs 241,676 workers (including temporary workers) with 986,659 dependents.[102] Citrus accounted for 44 percent of the 2018 fruit kind distribution, apples accounted for 14 percent, table grapes accounted for 12 percent, avocados accounted for 10 percent and pears accounted for 7 percent. Recent growth in South Africa’s fruit and nut export sector is largely driven by rising demand specifically in China, India and the EU.[103]

DOCUMENTED TRAFFICKING IN PERSONS RISKS FACTORS IN FRUITS AND NUTS PRODUCTION

According to the U.S. Department of State Trafficking in Persons Report, “Forced labor is reportedly used in some fruit and vegetable farms across South Africa.”[104]

Workers in South African agricultural production is frequently exposed to pesticides and can develop health problems due to exposure.[105] The majority of seasonal or casual workers are women – as opposed to permanent workers who receive greater protection and are more likely to be men.[106]
The migrant labor force in the fruit sector is reportedly growing in South Africa. These workers come from other regions in South Africa, Zimbabwe, Lesotho and Mozambique.[107] Some analysis notes that migrant workers living in on-plantation housing is attractive to producers/farm owners because workers living on farms improves worker attendance, particularly during the labor-intensive harvest season, when inadequate labor can lead to rotted fruit and lost profits.[108] These migrants reportedly  bring their family members with them eventually.[109] Some of these migrants seek work directly and use social networks, while others are recruited by third party labor brokers. These brokers may be individuals acting as informal recruiters or registered labor agencies. [110]

 

Gold

GOLD OVERVIEW

South Africa was once the world’s largest producer of gold, with more than 75 percent of global reserves in 1970, however the presence of the gold industry has been fading.[111] In 1993, gold made up approximately 4 percent of South Africa’s GDP, however because of a slowdown in output, it now makes up a little more than 1 percent. The gold industry employed more than 100,000 workers in 2017, however, that is less than a fifth of its employment during the period of apartheid.[112]

DOCUMENTED TRAFFICKING IN PERSONS RISK FACTORS IN GOLD PRODUCTION

In South Africa, there are 30,000 illegal miners, most of whom are undocumented migrants from surrounding countries. Workers are often subject to violence, rape and domestic abuse. [113] Much of the illegal mining activity is associated with organized crime in addition to smaller scale operations.[114]

Fish

FISH OVERVIEW

As of 2017, the fishing sector makes up less than 1 percent of South Africa’s GDP and 5 percent of the Western Cape’s provincial GDP but is expected to expand as the demand of fish globally rises. The main species fished commercially include Cape Hake (40 percent of South Africa’s total catch value), Small Pelagic Fish (25 percent of South Africa’s total catch value), Crustaceans (7 percent of South Africa’s total catch value) and Cephalopods (7 percent of South Africa total catch value). The seafood industry is responsible for directly employing 28,000 people and provides approximately 81,000 to 100,000 indirect jobs for those in related sectors.[115] In 2016, ZAR 10 billion worth of fish was caught in South Africa, or approximately 600,000 tons of fish.[116]

DOCUMENTED TRAFFICKING IN PERSONS RISK FACTORS IN FISH PRODUCTION 

According to the U.S. Department of State 2019 Trafficking in Persons Report, forced labor or forced child labor is reported in the fishing/seafood sector in South Africa.[117]

The 2019 Trafficking in Persons Report states that foreign forced labor victims were found on a fishing boat in South African waters.[118] In 2014, there was a documented case of slave labor on foreign tuna fishing vessels in South African waters where the crew—mainly Indonesian and Taiwanese workers—worked for three to five years without being paid.[119] The exploitation of fisherman off of South Africa’s shore has been described as “rife and rampant” by NGO workers. Many cite the lack of regulatory oversight and the weight of the multi-billion-dollar fishing industry as reason for the widespread abuse of workers. The South African Maritime Safety Authority (SAMSA) holds the authority to inspect foreign fishing vessels and interviews crew members to find abuses.[120]

 

Related Resources

Resources for Understanding Legal and Policy-Related Risk Factors

Endnotes

[1] Central Intelligence Agency. The World Factbook: South Africa. 2019. https://www.cia.gov/library/publications/resources/the-world-factbook/geos/sf.html.
[2] Central Intelligence Agency. The World Factbook: South Africa. 2019. https://www.cia.gov/library/publications/resources/the-world-factbook/geos/sf.html.
[3] The World Bank. Data: South Africa. http://data.worldbank.org/country/south-africa
[4] The World Bank. Data: South Africa. http://data.worldbank.org/country/south-africa
[5] U.S. Department of State. Bureau of Economic and Business Affairs. Investment Climate Statements for 2019: South Africa. 2019. http://www.state.gov/reports/2019-investment-climate-statements/south-africa/
[6] U.S. Department of State. Bureau of Economic and Business Affairs. Investment Climate Statements for 2019: South Africa. 2019. http://www.state.gov/reports/2019-investment-climate-statements/south-africa/
[7] U.S. Department of State. Bureau of Economic and Business Affairs. Investment Climate Statements for 2019: South Africa. 2019. http://www.state.gov/reports/2019-investment-climate-statements/south-africa/
[8] United Nations Development Programme. Human Development Report 2019
http://hdr.undp.org/en/content/2019-human-development-index-ranking
[9] IMF. “Six Charts Explain South Africa’s Inequality,” January 30, 2020. https://www.imf.org/en/News/Articles/2020/01/29/na012820six-charts-on-south-africas-persistent-and-multi-faceted-inequality.
[10] World Bank. “The World Bank in South Africa,” October 10, 2019. https://www.worldbank.org/en/country/southafrica/overview.
[11] “Unemployment Total – South Africa  (% of Total Labor Force) (Modeled ILO Estimate) .” The World Bank, March 1, 2020. https://data.worldbank.org/indicator/SL.UEM.TOTL.ZS?locations=ZA.
World Bank. The World Bank in South Africa. October 10, 2019. https://www.worldbank.org/en/country/southafrica/overview.
[12] Statistics South Africa. General Household Survey. May 28, 2019.
[13] U.S. Department of State. Trafficking in Persons Report. 2019. https://www.state.gov/reports/2019-trafficking-in-persons-report-2/south-africa/
[14] United Nations Department of Economic and Social Affairs, Population Division. Trends in International Migrant Stock: The 2017 revision. https://www.un.org/en/development/desa/population/migration/data/estimates2/estimates17.asp
[15] The World Bank. International migrant stock (% of the population). http://data.worldbank.org/indicator/SM.POP.TOTL.ZS?locations=ZA
[16] The World Bank. International migrant stock (% of the population). http://data.worldbank.org/indicator/SM.POP.TOTL.ZS?locations=ZA
[17] UNHCR. Population Statistics. 2018. http://popstats.unhcr.org/en/overview
[18] The World Bank. International migrant stock (% of the population). http://data.worldbank.org/indicator/SM.POP.TOTL.ZS?locations=ZA
[19] International Trade Centre. Trade Map. www.trademap.org.
[20] International Trade Centre. Trade Map. www.trademap.org
[21] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[22] Labour Market Dynamics in South Africa, 2018. Statistics South Africa, 2018, http://www.statssa.gov.za/publications/Report-02-11-02/Report-02-11-022018.pdf.
[23] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[24] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[25] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[26] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[27] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[28] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[29] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[30] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[31] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[32] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[33] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[34] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[35] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[36] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2017 Human Rights Report. 2017. https://www.state.gov/reports/2017-country-reports-on-human-rights-practices/south-africa/
[37] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[38] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[39] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[40] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[41] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
U.S. Department of State. Trafficking in Persons Report. 2019. https://www.state.gov/reports/2019-trafficking-in-persons-report-2/south-africa/
[42] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[43] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa
[44] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[45] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[46] Freedom House. Freedom in the World. 2020. https://freedomhouse.org/country/south-africa/freedom-world/2020
[47] Freedom House. Freedom in the World. 2020. https://freedomhouse.org/country/south-africa/freedom-world/2020
[48] Freedom House. Freedom in the World. 2020. https://freedomhouse.org/country/south-africa/freedom-world/2020
[49] Campbell, John. “What’s Behind South Africa’s Recent Violence?” Council on Foreign Relations, November 15, 2019. https://www.cfr.org/in-brief/whats-behind-south-africas-recent-violence.
[50] OECD Development Center. How Immigrants Contribute to South Africa’s Economy. 2018. https://www.oecd-ilibrary.org/docserver/9789264085398-en.pdf?expires=1595354430&id=id&accname=guest&checksum=A7D5EC0BDD55FA109C0C178DCBD4B1FA  
[51] OECD Development Center. How Immigrants Contribute to South Africa’s Economy. 2018. https://www.oecd-ilibrary.org/docserver/9789264085398-en.pdf?expires=1595354430&id=id&accname=guest&checksum=A7D5EC0BDD55FA109C0C178DCBD4B1FA  
[52] The Conversation. How South Africa is Denying Refugees their Rights: What Needs to Change. 2020. https://theconversation.com/how-south-africa-is-denying-refugees-their-rights-what-needs-to-change-135692
[53] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[54] Integrate Immigation. South Africa’s New Immigration Act Summary. 2014. https://www.intergate-immigration.com/blog/south-africas-new-immigration-act-summary-may-2014/
[55] International Labor Organization (ILO). Ratifications for South Africa. http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11200:0::NO::P11200_COUNTRY_ID:102888
[56] Department of Trade and Industry. Special Economic Zones. http://www.thedtic.gov.za/sectors-and-services-2/industrial-development/special-economic-zones/
[57] U.S. Department of State, Bureau of Economic and Business Affairs. Investment Climate Statement: South Africa. 2019. https://www.state.gov/reports/2019-investment-climate-statements/south-africa/
[58] Bamu, Pamhidzai. An Analysis of SADC Migration Instruments in Light of ILO and UN Principles on Labour Migration: Second Draft Report. International Labor Organization (ILO), Southern African Development Community (SADC). 2014. http://www.ilo.org/wcmsp5/groups/public/—africa/—ro-addis_ababa/—ilo-pretoria/documents/meetingdocument/wcms_239819.pdf
[59] Popova, Natalia , and Panzica Francesco . Tool for the Assessment of Bilateral Labour Migration Agreements Pilot-Tested in the African Region. ILO/IOM, 2019. https://www.ilo.org/wcmsp5/groups/public/—ed_protect/—protrav/—migrant/documents/publication/wcms_722208.pdf
[60] Bamu, Pamhidzai. An Analysis of SADC Migration Instruments in Light of ILO and UN Principles on Labour Migration: Second Draft Report. International Labor Organization (ILO), Southern African Development Community (SADC). 2014. http://www.ilo.org/wcmsp5/groups/public/—africa/—ro-addis_ababa/—ilo-pretoria/documents/meetingdocument/wcms_239819.pdf
[61] Bamu, Pamhidzai. An Analysis of SADC Migration Instruments in Light of ILO and UN Principles on Labour Migration: Second Draft Report. International Labor Organization (ILO), Southern African Development Community (SADC). 2014. http://www.ilo.org/wcmsp5/groups/public/—africa/—ro-addis_ababa/—ilo-pretoria/documents/meetingdocument/wcms_239819.pdf
[62] The Fund for Peace. Fragile States Index 2019. Country Dashboard: South Africa. 2019. https://fragilestatesindex.org/country-data/.
[63] The Fund for Peace. Fragile States Index 2019. 2019. http://fundforpeace.org/fsi/
[64] Amnesty International. South Africa 2019. 2019. https://www.amnesty.org/en/countries/africa/south-africa/report-south-africa/
[65] Bloomberg. South African Murders Increase to Highest Level in a Decade. September 12, 2019. https://www.bloomberg.com/news/articles/2019-09-12/south-african-murders-increase-to-highest-level-in-a-decade.
[66] World Economic Forum. The Global Competitiveness Report 2018. 2018. http://www3.weforum.org/docs/GCR2018/05FullReport/TheGlobalCompetitivenessReport2018.pdf.
[67] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[68] Human Rights Watch. World Report 2020. 2020. https://www.hrw.org/world-report/2020/country-chapters/south-africa#
[69] Amnesty International. South Africa 2019. 2019. https://www.amnesty.org/en/countries/africa/south-africa/report-south-africa/
[70] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[71] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[72] Transparency International. Corruption Perceptions Index 2018. 2018. https://www.transparency.org/cpi2018.
[73] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[74] United Nations Development Programme. International Human Development Indicators. 2019. http://hdr.undp.org/en/countries/profiles/ZAF
[75] United Nations Development Programme.  Human Development Data (1990-2018).  http://hdr.undp.org/en/data
[76] United Nations Development Programme. International Human Development Indicators. 2019. http://hdr.undp.org/en/countries/profiles/ZAF
[77] United Nations Development Programme. International Human Development Indicators. 2019. http://hdr.undp.org/en/countries/profiles/ZAF
[78] United Nations Development Programme. Gender Inequality Index 2019. http://data.un.org/DocumentData.aspx?q=Gender+Inequality+Index&id=415
[79] United Nations Development Programme. Human Development Indices and Indicators: 2018 Statistical Update: South Africa. 2018. http://hdr.undp.org/sites/all/themes/hdr_theme/country-notes/ZAF.pdf.
[80] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[81] U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[82] Gender Index – South Africa. Gender Index – OECD Development Center, 2019. https://www.genderindex.org/wp-content/uploads/files/datasheets/2019/ZA.pdf.
U.S. Department of State. Bureau of Democracy, Human Rights and Labor. South Africa 2019 Human Rights Report. 2019. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/south-africa/
[83] Devereux, Stephen, and Lauren Tavener-Smith. “Seasonal Food Insecurity among Farm Workers in the Northern Cape, South Africa.” Nutrients 11, no. 7 (July 5, 2019). https://doi.org/10.3390/nu11071535.
[84] U.S. Department of State, Bureau of Economic and Business Affairs. 2019 Investment Climate Statement: South Africa. 2019. https://www.state.gov/reports/2019-investment-climate-statements/south-africa/
[85] U.S. Department of State, Bureau of Economic and Business Affairs. 2019 Investment Climate Statement: South Africa. 2019. https://www.state.gov/reports/2019-investment-climate-statements/south-africa/
[86] Reuters. South Africa Rations Water to Save Dwindling Supplies. 28 Oct. 2019. www.reuters.com, https://www.reuters.com/article/us-safrica-drought-idUSKBN1X71H0.
[87] Central Intelligence Agency (CIA). CIA World Factbook. 2019. https://www.cia.gov/library/publications/resources/the-world-factbook/geos/sf.html
[88] Natural Resource Governance Institute. 2020 Resource Governance Index. https://resourcegovernanceindex.org/country-profiles/ZAF/mining
[89] Department of Trade and Industry, Republic of South Africa. Investing in South Africa’s Clothing, Textile, Footwear and Leather Sector. 2020. http://www.investsa.gov.za/wp-content/uploads/2020/02/FACT-SHEET_TEXTILES_2020.pdf.
[90] KwaZulu-Natal Clothing and Textile Cluster. Sector Profile. n.d. https://kznctc.org.za/sector-profile/.
[91] Statistics South Africa. Manufacturing: Winners and Losers of 2018 | Statistics South Africa. February 12, 2019. http://www.statssa.gov.za/?p=11890.
[92] Department of Trade and Industry, Republic of South Africa. Investing in South Africa’s Clothing, Textile, Footwear and Leather Sector. 2020. http://www.investsa.gov.za/wp-content/uploads/2020/02/FACT-SHEET_TEXTILES_2020.pdf.
[93] Devex. The Southern African Clothing and Textile Workers’ Union (SACTWU). https://www.devex.com/organizations/the-southern-african-clothing-and-textile-workers-union-sactwu-53285.
[94] Textile News, Apparel News, RMG News, Fashion Trends. Sourcing Costs Climb Due to Minimum Wage Upsurge  January 9, 2019. https://www.textiletoday.com.bd/sourcing-costs-climb-wage-increases-set-affect-2019/.
[95] U.S. Department of State. Trafficking in Persons Report. 2019. https://www.state.gov/reports/2019-trafficking-in-persons-report-2/south-africa/
[96] Mngoma, Nosipho. “Workers’ Fear and Uncertainty.” Business Report. February 16, 2017. http://www.iol.co.za/business-report/economy/workers-fear-and-uncertainty-7783637
[97] Laniado, Ehud Arye . “Beneficiation in the Diamond Industry: South Africa.” All Diamond, September 13, 2017. https://www.ehudlaniado.com/home/index.php/news/entry/beneficiation-in-the-diamond-industry-south-africa.
[98] “In Kimberley, the World’s Diamond Capital, Illicit Mining Fight Flounders.” Reuters, November 11, 2019. https://www.reuters.com/article/us-safrica-mining-illegal-idUSKBN1XL0J0.
[99]Greef, Kimon de. “Illicit Miners Scrape for Diamonds on Abandoned Mines,” February 3, 2017. https://www.aljazeera.com/indepth/features/2017/01/illicit-miners-scrape-diamonds-abandoned-mines-170118074756756.html.
[100] Irin News. Illegal migrant miners risk lives for riches. July 16, 2012. http://www.irinnews.org/report/95875/lesotho-illegal-migrant-miners-risk-lives-riches.
[101] Reuters. In Kimberley, the World’s Diamond Capital, Illicit Mining Fight Flounders.  November 11, 2019. https://www.reuters.com/article/us-safrica-mining-illegal-idUSKBN1XL0J0.
[102] Mondliwa, Pamela, and Shingie Chisoro- Dube. “South Africa Is Missing out on Fresh Fruit Export Growth. What It Needs to Do.” The Conversation, December 2019. http://theconversation.com/south-africa-is-missing-out-on-fresh-fruit-export-growth-what-it-needs-to-do-124391.
[103] Fruit South Africa. 2018: Key Fruit Statistics . 2018. https://fruitsa.co.za/wp-content/uploads/2019/09/A5-Fruit-SA-Stats-Booklet_2018.pdf.
[104] U.S. Department of State. Trafficking in Persons Report. 2019. https://www.state.gov/reports/2019-trafficking-in-persons-report-2/south-africa/
[105] Tobias, Suné Payne and Noah. “BITTER HARVEST: Women Farmworkers Demand an End to Use of Harmful Pesticides.” Daily Maverick, August 29, 2019. https://www.dailymaverick.co.za/article/2019-08-30-women-farmworkers-demand-an-end-to-use-of-harmful-pesticides/.
[106] Devereux, Stephen, and Lauren Tavener-Smith. “Seasonal Food Insecurity among Farm Workers in the Northern Cape, South Africa.” Nutrients 11, no. 7 (July 5, 2019). https://doi.org/10.3390/nu11071535.
[107] International Labor Organization. Farm Workers’ Living and Working Conditions in South Africa: key trends, emergent issues, and underlying and structural problems. February 2015. http://www.ilo.org/wcmsp5/groups/public/—africa/documents/publication/wcms_385959.pdf
[108] Human Rights Watch. Ripe with Abuse: Human Rights Conditions in South Africa’s Fruit and Wine Industries. August 2011.  https://www.hrw.org/report/2011/08/23/ripe-abuse/human-rights-conditions-south-africas-fruit-and-wine-industries
[109] Visser, Margareet and Stuart Ferrer. International Labour Organisation (ILO). Farm Workers’ Living and Working Conditions in South Africa: key trends, emergent issues, and underlying and structural problems. 2015. http://www.idll.uct.ac.za/sites/default/files/image_tool/images/3/ILO_Farm%20Workers’%20Living%20and%20Working%20Conditions%20in%20SA_14%20July%202015.pdf
[110] African Centre for Migration & Society (ACMS) at the University of the Witwatersrand, Johannesburg. Fact Sheet on Foreign Workers in South Africa. April 2017. https://www.fes-southafrica.org/fileadmin/user_upload/documents/Fact_sheet_on__foreign_workers_for_unionists.pdf.
[111] Sieff, Kevin. “South Africa’s gold industry, like it’s economy, is crumbling.” March 7, 2016. https://www.washingtonpost.com/world/africa/south-africas-gold-industry-like-its-economy-is-crumbling/2016/03/07/33ae7a26-cc6f-11e5-b9ab-26591104bb19_story.html
[112] Bloomberg. South African Gold Industry Enters Final Phase of Slow Death. December 9, 2018. https://www.bloomberg.com/news/articles/2018-12-09/south-african-gold-industry-enters-final-phase-of-slow-death.
[113] The Guardian. ‘You Often Get Sick’: The Deadly Toll of Illegal Gold Mining in South Africa | Christopher Clark, April 9, 2019. http://www.theguardian.com/global-development/2019/apr/09/you-often-get-sick-deadly-toll-illegal-gold-mining-south-africa-durban-deep.
[114] Reuters. South Africa’s Sibanye Declares War on Illegal Gold Miners. April 21, 2017. https://www.reuters.com/article/safrica-mining-illegal-idUSL8N1HS1E9.
[115] SADC-EU Economic Partnership Agreement. SOUTH AFRICAN FISHERIES AND THE SACD-EU ECONOMIC PARTNERSHIP AGREEMENT. 2017. https://sadc-epa-outreach.com/images/files/sadc-eu-epa-fisheries-july-2017.pdf.
[116] Deep Waters. BBQ, 2016. https://www.sadstia.co.za/assets/uploads/Deep-waters-84-88.pdf.
[117] U.S. Department of State. Trafficking in Persons Report. 2019. https://www.state.gov/reports/2019-trafficking-in-persons-report-2/south-africa/
[118] U.S. Department of State. Trafficking in Persons Report. 2019. https://www.state.gov/reports/2019-trafficking-in-persons-report-2/south-africa/
[119] Undercurrent News. South Africa Detains Tuna Vessels Over Slave Labor. January 29, 2014. https://www.undercurrentnews.com/2014/01/29/south-africa-detains-tuna-vessels-over-slave-labor/
[120] Reuters. Frenzy for Fish Means Torturous Life at Sea for Migrant Fishermen. December 7, 2018. https://www.reuters.com/article/us-oceans-rights-safrica-idUSKBN1O6048.

Trafficking Risk in Sub-Saharan African Supply Chains

Home / Explore by Commodity / Explore by Country / Understand Risk / Additional Resources About the Project