Meeting the minimum standards of the Palermo Protocol: The case of South Africa

Magister Legum - LLMThis research is aimed at evaluating the adequacy and effectiveness of the legal framework dealing with human trafficking in South Africa. To achieve this purpose, a comprehensive overview of the punishment, prevention of human trafficking in South Africa was looked into as well as victim protection. An overview of the history of slavery and an analysis of the modern conceptualisation of human trafficking indicate that human trafficking is a highly complex concept, and that there are various approaches to the understanding of the concept of human trafficking. There are various definitions of trafficking found in international instruments of which the most important has been identified as that contained in the Palermo Protocol. The definitions vary also because trafficking is closely related to the phenomena of migration, slavery and smuggling of humans. The study further identifies some significant root causes of trafficking The research concedes that although common-law crimes, statutes and transitional legislation can be utilized to challenge some trafficking elements, these offences are not comprehensive enough to amply deal with the crime’s complexities and provide only a fragmented approach to combating the crime. The study shows that South Africa has adopted specific legislation, namely the Trafficking Act. The research further establishes also that international, regional and sub-regional instruments on trafficking and related aspects of trafficking provide guidelines for developing effective strategies to deal with trafficking within the region. The counter-trafficking strategies as found in treaties, protocols, declarations and resolutions, which focus specifically on combating trafficking and those with a human-rights focus, obliges States to prosecute traffickers, protect those who are vulnerable to trafficking as well as those already trafficked and establish measures for prevention. This research further highlighted the importance of preventing human trafficking which starts with government but non- governmental organisations play a vital role in this element as well

How the Foreign Corrupt Practices Act Can Help Referee FIFA

Copia digital. Madrid : Ministerio de Cultura. Subdirección General de Coordinación Bibliotecaria, 200

Corruption as a collective action problem: Enabling the administrative control authority in Egypt

The fight against corruption has become a global priority in policy making circles, as corruption control grew to become a major industry backed by international alignment to curb corruption, especially in developing countries ridden with systemic corruption. Egypt, among other developing countries, is struggling in the fight against corruption, as a tool to promote investment and aid development progress. The Administrative Control Authority (ACA), the main anti-corruption body in Egypt, is the subject of this research. The research regards corruption as a collective action problem and utilizes the National Integrity System (NIS) – developed by Transparency International – as a conceptual framework to understand the extent to which the ACA is enabled to fulfill its mandate. Methodology includes semi-structured interviews with government officials in ACA and experts in international anti-corruption organizations. Qualitative data is analyzed based on three key dimensions, according to the Anti-Corruption Agencies pillar of the NIS; role of ACA in fighting corruption; governance mechanisms within the ACA that ensure its integrity and accountability; and the capacity of ACA to fulfill it role. Findings indicate to a shift in how the ACA understands its mandate, with more attention given to prevention measures besides investigation efforts. Main policy recommendations include; integrating corruption control reforms within wider good governance efforts; the need to demonstrate political will in the fight against corruption. Main operational recommendations include; integrate the ACA within a national accountability system, ensure the independence of the ACA through a transparent mechanism for appointing the President of the ACA, in addition to passing the needed legislations mainly the access to information law and protection of witnesses and whistleblowers law

Feeding the Cats: The Corruption Conundrum in the Failed Arab Spring-Egypt

The Egyptian civil society, across generational, religious, gender, and economic lines and without a charismatic leader, has organized itself at the grassroots level, evidencing the people\u27s power in the face of a strong regime. Public order, security, and stability have deteriorated during the past two decades, with increased crime rates and other forms of abuses of power by individuals (e.g., thugs and small criminal bands), which the police have left somewhat unchecked. The people hold the military in high esteem because, in the last forty years, it has never acted against the general public. To prevent manipulation during the investigations and trials, the Egyptian Attorney General ordered the arrest and freezing of assets of several persons under investigation for corruption, bribery, profiteering, and money laundering according to the Egyptian criminal justice system (e.g., Egypt’s Penal Code). Further, after the Attorney General conducted individual investigations to determine how corruption turned into money laundering and how the Egyptian economy is now left holding the bag for what could amount to billions of dollars, some institutional reforms have taken place. Like its predecessors—the Nasr and Sadat regimes—the Mubarak administration had a military and political establishment. Under former President Mubarak, no one knows precisely how much it grew because its operations, budgets, and profits were secret. This entire sector of the economy was not only beyond civilian control; it was hidden, not taxed, and the military establishment distributed its undisclosed profits as senior leadership saw fit. It fell outside of any type of accountability, was not subject to any operational control, and enjoyed free from import and export duties. The main concerns and goals of the Egyptian people are regime changes, emphasizing the notion that people should govern themselves, democracy, justice (including socio-economic justice), reforming human and civil rights, fighting corruption, and reviving the rule of law. Their slogans were kefaya (enough is enough), alSh‘ab youreed isqaat alnizam (the public wants the regime to fall down), and No more nickel, No more dime, No more money for Mubarak’s crimes. American and Western ideals and values reflected in the U.S. Constitution and—particularly—Islamic norms and principles have influenced Egyptian society. The current administration is entirely understanding that it must meet these particular goals

Inter-agency Cooperation and Good Tax Governance in Africa

In 2015, the Vienna University of Economics and Business (WU) and the African Tax Institute at the University of Pretoria launched a project to identify the links between corruption, money laundering and tax crimes in Africa. The project promotes the concepts of good tax governance and the importance to economic development of a tax system that is transparent and free of corruption. The project explores how law enforcement agencies and tax authorities can best cooperate to counter corruption and bribery. The project was initially aimed at three focus countries, namely, Ghana, Nigeria and South Africa, but soon was extended to other African countries. This is a joint initiative with the United Nations Office on Drugs and Crime (UNODC) and is also supported by the World Bank. This book brings together a series of background papers prepared for the Conference on Inter-Agency Co-operation and Good Tax Governance in Africa held at the University of Pretoria in July 2016. After a rigorous double peer-review process, the papers were revised by the authors. We express our gratitude to and acknowledge the services of the following peer reviewers: Tom Balco; Carika Fritz; Leon Gerber; Willem Jacobs; Benjamin Kujinga; Thabo Legwaila; Annet Oguttu; Dirk Scholtz; David Solomon; and Xeniya Yeroshenko. Finally, we express our sincere gratitude to all the research and administrative assistants who contributed to the Good Tax Governance in Africa Project. This book pays tribute to their efforts. Jeffrey Owens, Rick McDonell, Riël Franzsen and Jude Amos (Vienna and Pretoria, November 2017