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Committee: United Nations Human Rights Council

School: Deep Run High School


Delegates: Joshua Auchey and Sakthi Kuppusamy
Topics: Labor Rights in Emerging Nations and Human Trafficking
South Africa UNHRC Position Paper
Since the globalization hit the world in the 20th century, a myriad of problems have
spawned out of the seemingly good idea of global connection. Bringing both amazing successes
and crushing failures, the ideals of globalization have aided in the spread of industrialization and
advanced economies. However, while these principles may work in theory, the practice has
brought about debate surrounding the work force and new industries in two forms: labor rights
and human trafficking. The Republic of South Africa (RSA) appreciates that the proliferation of
global industrialization has brought economic success to our nation in the form of a steadily
increasing GDP and rand value beginning in 1990. (South African Reserve Bank) However, the
RSA recognizes the potential threats of insufficient labor rights and human trafficking to the
lives of not only its citizens, but the rest of the world. Before addressing the issues in our own
country, we provide the following definitions to the United Nations Human Rights Council
(UNHRC) to aid in discussion of both issues. In the best interest of the RSA, we deem labor
rights as the rights that are given to all workers regardless of gender, age, and other irrelevant
characteristics that do not hinder the workers merit or ability to complete a job. Additionally, we
put forth that human trafficking be defined as any action taken by a person or persons to force
another human life into (1) forced labor under the threat of violence, or (2) domestic servitude
through physical or emotional abuse, or (3) sexual slavery and prostitution. With these issues in

mind, the RSAs goal is to first support labor rights in all countries and reduce discrimination and
child labor to a minimum; and secondly, eradicate the threat of human trafficking.
We, the Republic of South Africa, take the lack of labor rights in our country with great
significance. In the past, we have supported Convention 182, which deals with the worst forms
of child labor, and Convention 138, which authorizes a minimum age of 15 for labor. (ILO) In
2010, 41.7% of our nations youth was involved in at least one hazardous working condition.
(Statistics on Southern Africa) In 2013, to curb this problem, the South African Department of
Labor (SADOL) has employed 1,542 labor inspectors and conducted 101,792 inspections with
the aim of protecting vulnerable workers and child laborers. To aid in their investigations, our
government has allocated over $40 million rands to SADOL for inspection and enforcement
service during the year. (United States Department of Labor Statistics) Although we take action
on the child labor side of labor rights, we wish to gain further support from other nations in order
to diminish the human rights violations on our nations youth. As to extend labor rights in our
own country, we turn to collective bargaining and the freedom of association. In 1995, the RSA
enacted the Labor Relations Act (LRA), Act 66 to promote economic development, social
justice, labor peace, and democracy in the workplace. (South African Department of Labour)
With this legislation, we have given trade union access to the workplace and additional abilities
of trade unions such as establishing thresholds of representativeness. While the law has been
enacted, as with any, we have not been able to guarantee full eradication of human rights abuses
in the form of labor rights. As we move forward in terms of labor rights, it is imperative that we
address the progression of the ideals of gender equality. Although the Employment Equity Act
regarding gender equality in the work place has been enacted, our progress has remained uneven
and limited on the lived realities of women. As the RSA, we wish to give females proper

representation in decision-making positions, the business sector, and in religious and cultural
institutions. With the help of the member nations in the UNHRC, we will be able to give all
humans equal rights in terms of labor.
On the topic of human trafficking, we, the Republic of South Africa, acknowledges our mistakes
in the lack of prevention of human trafficking. While our Prevention and Combating of
Trafficking in Persons Act took effect in 2013, we have not made magnificent strides to take
down the threat of human trafficking. (South African Department of Labour) The UNES explains
that human trafficking is not simply a social or moral problem to treat with casual initiatives, or
a rounding-up of trafficked people to be sent home, as this does not address poverty or related
issues of vulnerability and discrimination in strategic or sustainable ways. (United Nations
Educational, Scientific, and Cultural Organization) In our laws, we aim to diminish the threat of
human trafficking; however, we require help in the enforcement of said laws. In this, we look to
three key areas of focus when addressing human trafficking in the RSA: (1) the prosecution of
the offenders, (2) the protection of the victims, and (3) the prevention of further exploitation.
While we have failed to provide information on anti-trafficking investigations and did not
enforce any specific anti-trafficking statues in 2007, we aim to do such now. (United States
Department of State) In terms of prosecution, the RSA will push to put in force on human
traffickers. Through legislative reform, we will ensure (a) definitions will reflect the need for
special safeguards, (b) trafficked persons are not punished for any offences or activities related to
their having been trafficked, (c) victims of trafficking are protected from summary deportation or
return, and (d) victims of trafficking are offered the possibility of obtaining compensation for
damages suffered. In this, we will be able to discourage the dependency that trafficked persons
may have on the trafficker. In protection, we will be able to apply legislative reform as explained

in our prosecution and ensure that trafficked persons are protected under the RSA. Lastly, in
terms of prevention of human trafficking, we must not look at simply moving human traffickers
away from the trafficked. To combat human trafficking, we must attack on the economic level. In
this effort, education and sufficient resources are key. Knowing that human trafficking stems
from poverty, we must combat this problem on an economic level. Through policy reform, the
RSA will prioritize the fight against poverty, the main cause of human trafficking in the region.
Once again, while we may have failed to combat the issue in the past. Now, we must put forth a
plan to take action against the problem of human trafficking and diminish any threats to human
dignity.
When globalization became the status quo on the world stage, no one would expect any
problems to come out of the many benefits of the system. However, over time, problems have
perpetuated without notice. Now, more than ever, is the time to combat those problems, namely
the inequality in labor rights and human trafficking. The RSA will contribute in the fight against
inequality in the workforce through further enforcement and legislative reform. We will
additionally begin to combat the issue of human trafficking in our nation and remove our status
as the source, transit, and destination country for trafficked men, women, and children. (United
States Department of State) The RSA is not able to solve this problem on their own. We must
draw on one anothers strengths. Tackling human trafficking requires coalition with the member
states of the UNHRC.

SELECTED BIBLIOGRAPHY

"Country Narratives -- Countries S through Z." U.S. Department of State. U.S. Department of State, 14
June 2008. Web. 11 Dec. 2014.
Prevention and Combating of Trafficking in Persons Act, 7 of 2013 ; Prevention and Combating of
Torture of Persons Act, 13 of 2013. Claremont, South Africa: Juta Law, 2013. Government
Gazette. Republic of South Africa, 29 July 2013. Web.
"Root Causes and Reccomendations." Human Trafficking in South Africa 14.5 (n.d.): n. pag. UNESC.
United Nations Educational, Scientific and Cultural Organization, 2007. Web.
"South Africa at a Glance." World Bank (2014): n. pag. Development Economics LDB. Web. 11 Dec.
2014. <http://devdata.worldbank.org/AAG/zaf_aag.pdf>.
South Africa. Department of Labour. No. 75 of 1997: Basic Conditions of Employment Act as Amended
by Basic Conditions of Employment Amendment Act, No 11 of 2002. South African Department
of Labour, 2002. Web. 11 Dec. 2014.
"South Africa." Findings on the Worst Forms of Child Labor -. United States Department of Labor,
2013. Web. 11 Dec. 2014.
"South African Economic Statistics." Statistics. South African Reserve Bank, 2014. Web. 11 Dec. 2014.
"Statistical Release." The Journal of South African Statistics 144.1 (2012): n. pag. South African
Statistics, 2010. Web. 11 Dec. 2014.
Whittingham, Audrey. "Ratification and Promotion of Fundamental ILO Conventions." (2001): n.
pag. ILO. Committee on Legal Issues and International Labour Standards, 2001. Web. 11 Dec.
2014.
PREVALENCE OF CHILD LABOUR." UNICEF STATISTICS. N.p., n.d. Web. 10 Dec. 2014.
http://data.unicef.org/child-protection/child-labour

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