(Re)configuring the criminal justice response to human trafficking: a complex-systems perspective

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

“…Thus, overreliance on the law in the fight against human trafficking may be counterproductive. Previous studies and reports lend credence to this finding (see Mollema, 2013; U.S. Department of State, 2019; Van der Watt & Van der Westhuizen, 2017). For instance, the U.S. Department of State (2019, p. 6) contended that “law alone can do little to end human trafficking.…”

“…Rather than understanding this intricacy in order to deploy a broad range of countertrafficking mechanisms and resources to address it, state policy architecture has often resorted to the use of restrictive regulatory cum migration policies, and an aggressive criminal justice approach, whereas previous studies point to the inexpediency of this profligacy ( see Farrell & Kane, 2019; Van der Watt & Van der Westhuizen, 2017). For instance, Van der Watt and Van der Westhuizen (2017, p. 225) indicated that an effective criminal justice response to human trafficking requires a comprehensive understanding of the interconnectedness between the components of the menace and the functioning of the milieu that concretizes it. Summarily, an effective response to human trafficking requires a coordinated approach directed at addressing the root causes of the crime (Mollema, 2013).…”

“…Arguably, the South African anti-trafficking legislation is explicit, yet not adequate enough to address the various facets of the crime. This discrepancy is shaped by the complexity of trafficking and its interactions with a variety of contextual (i.e., socio-economic and cultural) and dynamic (demand and supply) factors (Van der Watt & Van der Westhuizen, 2017).…”

“…Lending credence to this, the Trafficking in Persons Report (U.S. Department of State, 2019, p. 6) argues that the “law alone can do little to end human trafficking. Translating legislation into meaningful action demands dedication, focus, and resources and requires that those implementing it truly understand both the underlying letter and the spirit of the law.” Contextually, Mollema (2014, p. 262) stated that although the South African legal response to human trafficking is robust from the criminal justice standpoint, the menace “cannot be solved by legislation alone.” To this end, De Toni and Comello (2010, p. 26) rightly contended that “nothing happens in isolation and nothing can be understood in isolation,” since social phenomena are complex and intertwined ( also see Van der Watt & Van der Westhuizen, 2017, p. 220; Van der Westhuizen, 2015).…”

Proposing a Theoretical Framework for the Criminal Investigation of Human Trafficking Crimes

“…Contrary to other forms of criminality, intricacies of HT deny investigators the possibility of conducting a linear investigation process, where outcomes of an investigation are, relatively, predictable (Van der Watt, 2014). In light of such complexity, a need emerges for an integrated and innovative response to effectively tackle trafficking crimes, based on research evidence to enable the identification of best practices (UNODC, 2014;Verhoeven and Van Gestel, 2011).…”