In the previous post, we highlighted that the major international instrument guiding UN member states in terms of anti trafficking is the Parlemo Protocol. The table below from IOM is important insofar as it shows the whether or not SADC countries have signed and ratified the Parlemo Protocol. While there were a few countries that had not ratified the protocol as of 2007, it is important to note that by 2007, 12 SADC countries had already ratified the Protocol. However, it is disheartening to note that of those 12 countries, only Mozambique has taken steps to domesticate anti trafficking legislation. Without the necessary legal and policy framework, government actions will remain lethargic at best. Human trafficking is a complex crime that requires the enacment of responsive legislative and policy instruments inorder to protect victims, net traffickers and combat trafficking.
Status of SADC countries and the Palermo Protocol
|Botswana||10 April 2002||29 August 2002|
|DRC||28 October 2005|
|Lesotho||14 December 2000||24 September 2003|
|Madagascar||14 December 2000||15 September 2005|
|Malawi||17 March 2005|
|Mauritius||24 September 2003|
|Mozambique||15 December 2000||20 September 2006|
|Namibia||13 December 2000||16 August 2002|
|South Africa||14 December 2000||20 February 2004|
|Swaziland||08 January 2001|
|Tanzania||13 December 2000||24 May 2006|
|Zambia||24 April 2005|
Ratified: Botswana, Lesotho, Madagascar, Mozambique, Namibia, South Africa, Tanzania
‘Ratification’ is an act by which a State signifies an agreement to be legally bound by the terms of a particular treaty. To ratify a treaty, the State first signs it and then fulfils its own national legislative requirements. Once the appropriate national organ of the country – Parliament, Senate, the Crown, Head of State or Government, or a combination of these – follows domestic constitutional procedures and makes a formal decision to be a party to the treaty. The instrument of ratification, a formal sealed letter referring to the decision and signed by the State’s responsible authority, is then prepared and deposited with the United Nations Secretary-General in New York.
Accession: DRC, Malawi, Mauritius, Zambia
‘Accession’ is an act by which a State signifies its agreement to be legally bound by the terms of a particular treaty. It has the same legal effect as ratification, but is not preceded by an act of signature. The formal procedure for accession varies according to the national legislative requirements of the State. To accede to a human rights treaty, the appropriate national organ of a State – Parliament, Senate, the Crown, Head of State or Government, or a combination of these – follows its domestic approval procedures and makes a formal decision to be a party to the treaty. Then, the instrument of accession, a formal sealed letter referring to the decision and signed by the State’s responsible authority, is prepared and deposited with the United Nations Secretary-General in New York.
Not Sign/Ratified: Angola, Swaziland, Zimbabwe
Last updated 23/02/2007