REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA 168. South Africa’s efforts to curb female genital mutilation and virginity testing are impaired by the lack of empirical information on their prevalence. Moreover, these practices are culturally ingrained and as such, they are difficult to root out. In most circumstances, victims maintain silent acceptance and tolerance of the practices. Trafficking in women and girls 169. South Africa fully recognises the existence of human trafficking and smuggling activities. These crimes are mostly perpetuated by transnational syndicates, hence the calls from many states for regional and international cooperation as well as the introduction of aligned legislation and immigration procedures. 170. It is clear that although there are overlaps between the two issues of smuggling of migrants and human trafficking, they remain worldwide multi-dimensional social phenomena that are growing daily and that no country, developed or developing, has managed to escape. These phenomena are perpetuated by socio-economic challenges facing populations which make them vulnerable to recruitment as well as the exploitative use of individuals, whether in forced labour or the commercial sex industry. They are also lucrative global criminal enterprises causing severe hardship to the poor and the vulnerable. 171. South Africa, as a source, transit route and final destination, is aware of the growing trends in trafficking in women. In recognition of the grave consequences of this phenomenon, as already indicated above, there is legislation for the prevention, combating and punishment of trafficking in persons. The Prevention and Combating of Trafficking in Persons Act, 2013 was put into operation in August 2015. Prior to the putting into operation of the Act, South Africa relied on several pieces of legislation to address the problem of trafficking in persons including the Sexual Offences Act, 2007,363 Prevention of Organized Crime Act, 1998364 and the Children’s Act, 2005.365 Part 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007366 contains transitional provisions relating to trafficking in persons for sexual purposes. Similarly, chapter 18 of the Children’s Act, 2005367 addresses the phenomenon of child trafficking. The Act prohibits trafficking in children and any behaviour that facilitates such crime, whether committed by a natural or juristic person. It attributes a vicarious liability on an employer or principal whose employee or agent commits trafficking in children within the scope of his employment, apparent authority or with the express or implied consent of a director, member or partner of the employer or principal. The Act also provides for the mechanism of assisting victims of child trafficking. It requires the Department of International Relations and Cooperation to assist in the return into South Africa of child victims of trafficking who are South Africans and the repatriation of child victims of trafficking found within South Africa but are not South Africans. 363 Criminal Law (Sexual Offences and Related Matters) Amendment Act, 32 of 2007 Act No. 121 of 1998 365 Act No. 38 of 2005 366 Act No. 32 of 2007 367 Act No. 38 of 2005 364 181