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 worker’s 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 RSA’s 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 nation’s 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 nation’s 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 another’s strengths. Tackling human trafficking requires coalition with the member

states of the UNHRC.

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