Strategies Database

Drug offences

Offences

• Cultivation/ production/ manufacture
• Importation/ exportation
• Distribution/ delivery/ dispatch/ transport

Keywords

• Illicit traffic(king)(-offence)
• Cultivation, Production and Manufacture Offences
• Illicit cultivation, purchase and possession of drugs for personal consumption
Participation in an organized criminal group

Offences

• Participation in criminal activities of organized criminal group
• Organizing, directing, aiding, abetting, facilitating or counselling the commission of a crime involving an organized criminal group
• Participation in other activities of organized criminal group

Keywords

• organizing/directing commission of (serious) crime
• Aiding/ abetting/ facilitating/ counselling commission of (serious) crime
• criminal association
Cybercrime
Corruption

Preventive measures

• Preventive anti-corruption policies / practices
Trafficking in firearms

Offences

• Illicit trafficking
• Illicit manufacturing
• illicit possession/carrying

Item Types

• firearms
• ammunition
Money laundering

Keywords

• Anti-money laundering
• Countering the financing of terrorism/countering terrorist financing
Counterfeiting

Keywords

• Intellectual property (infringement)
• Copyright (infringement)
Crimes that affect the environment

Offences

• Wildlife crime

Prohibited Act

• International trade (import, export, re-export)
• Domestic trade/supply
• Transfer/Transportation

Keywords

• Illegal mining
• International trade (import, export, re-export)
• Domestic trade/supply
• Transfer/Transportation
• International protected species (e.g. CITIES)
Terrorism
Trafficking in persons

Offences

• Trafficking in persons (adults)
• Trafficking in children (under 18 years)

Acts Involved

• Recruitment/Hiring
• Transportation
• Transfer
• Harbouring
• Receipt
• Buying/Purchasing/Selling
• Participating as an accomplice
• Organizing and directing other persons

Exploitative Purposes

• Forced labour or services
• Exploitation of the prostitution of others or other forms of sexual exploitation
• Forced begging
• Servitude
• Removal of organs

Sector in which exploitation takes place

• Hospital / Medical services (e.g. for Organ/Tissue Removal)
• Prostitution / sex work / pornography industry
• Domestic work

Protection Of Victims

• Cooperation with NGOs

Keywords

• Forced labour or services
• Domestic servitude
• Commercial sexual exploitation
• Exploitation
Smuggling of migrants

Integrated Strategy to Prevent and Combat Transnational Organized Crime (TOC) in the SADC Region

  Southern African Development Community

Introductory text

Transnational organised crime (TOC) constitutes a major threat to regional peace, security, stability, governance and development in Southern Africa. Over the past decades, the region has witnessed a significant increase in organised crime, which has expanded opportunities for highly organised and rapacious criminal networks and organisations with debilitating consequences across the region. Crimes such as drug trafficking, illicit financial flows, wildlife crime, human trafficking/smuggling, vehicle hijacking and trafficking, illegal firearms trade, corruption, money laundering, financing of terrorism, illicit exploitation of natural resources, trafficking in counterfeits and contrabands of various types (cigarettes, clothing, pharmaceuticals, etc), and cybercrime, continue to be major obstacles to regional stability, governance and development by exacerbating violent conflicts, terrorism, violent extremism and gender-based violence.

Despite several measures adopted by the Southern African Development Community since the 1990s to tackle these crimes through a concerted approach, the region remains host to numerous criminal markets, which attract both local and international criminal groups. The continued fragility and declining resilience of the region, remains a serious concern for SADC.

This Strategy aims to reinvigorate and operationalise a concerted regional framework to preventing and combating transnational, serious and organised crimes, and to mitigate their impacts on population and the economy of the region. It focuses on promoting and strengthening national and regional resilience against TOC through a robust and effective rule of law framework; strong governance based on democratic practices, inclusive and equitable policies; a strong culture of implementation of national, regional and international instruments on matters relating to organised crime. It is based on a theory of change that emphasizes the need for a change in the perception and greater understanding of organized crime in Southern Africa, and action in seven priority areas, to achieve its objectives and strategic vision of a united and resilient SADC region free of TOC, in which peace, security, democracy and development flourish .

Strategy Identifier

001s

Organized Crime Convention Articles

  • Article 9: Measures against corruption
  • Article 2: Use of terms
  • Article 25: Assistance to and protection of victims
  • Article 34: Implementation of the Convention
  • Article 11: Prosecution, adjudication and sanctions
  • Article 31: Prevention
  • Article 18: Mutual legal assistance
  • Article 16: Extradition
  • Article 28: Collection, exchange and analysis of information on the nature of organized crime
  • Article 12: Confiscation and seizure
  • Article 27: Law enforcement cooperation
  • Article 19: Joint investigations
  • Article 20: Special investigative techniques
  • Article 29: Training and technical assistance
  • Article 13: International cooperation for purposes of confiscation
  • Article 24: Protection of witnesses

Human Trafficking Protocol Articles

  • Article 11: Border measures
  • Article 3: Use of terms
  • Article 9: Prevention of trafficking in persons

Smuggling of Migrants Protocol Articles

  • Article 11 Border measures

Cross-Cutting Issues

Offending

Details

• involved an organized criminal group (Article 2(a) CTOC)

Liability

... for

• attempt
• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)
• participant, facilitator, accessory
• organiser/director
• financier

Prosecution, Adjudication and Sanctions

Pre trial issues

• Pre-trial detention

Trial and sentencing issues

• Custodial sanctions

Investigation Procedure

Confiscation and Seizure of

• Proceeds of crime derived from offences covered by the Convention
• Property, equipment or other instrumentalities
• Proceeds of crime intermingled with legitimately obtained property
• Proceeds of crime transformed or converted into other property
• Income or other benefits derived from the proceeds

Measures

• Identification, tracing, freezing and/or seizure of the proceeds and instrumentalities of crime

Computer specific investigative measures

• Collection of data through computer-specific investigation

Special investigative techniques

• Electronic or other forms of surveillance
• Controlled delivery
• Undercover operation(s)/ Assumed identities/ Infiltration
• Informants
• Special investigative techniques

Law Enforcement Measures and Cooperation

• Exchange of information
• Joint investigations

Victims

Victims of crime

Details

• Victims of crime
• Gender considerations

Child victimization

• Forced recruitment of children and youth

Rights

• Assistance and protection
• Access to Justice
• Access to compensation and restitution for victims

Protection Measures

• Cooperation with NGOs
• Physical protection
• Non-disclosure or limitations on the disclosure of information on identity and whereabouts or hearings
• Opportunity to express views and concerns during criminal proceedings
• Access to compensation and restitution for victims
• Closed hearings

Witnesses

Protection Measures

• Physical protection / protection from retaliation
• Protection of whistleblowers / reporting persons

Details

• Protection offered to family/other relevant persons connected to the witness

International Cooperation

Measures

• Mutual legal assistance
• Extradition
• International law enforcement cooperation (including INTERPOL)
• International cooperation for confiscation/asset recovery
• Preservation of computer Data
• Joint Investigation

Prevention

• Role of civil society and private sector
• Policies
• Crime prevention strategies and policies
• Legislative measures
• Resilience to crime
• Awareness raising
• Youth crime/ youth gangs prevention
• Groups at risk for crime
• Risk factors
• Protective factors

Electronic evidence

• Electronic Evidence/Digital Evidence
• Rights of data subjects (data privacy)
• Data protection (transparency, purpose limitation, accuracy, data minimisation)
• data security

Gender Equality Considerations

Details

• Gender considerations

Other topics

• National coordination bodies

Attachments