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Child trafficking is a global problem and it is one of the Transnational Organised Crimes as classified by the United Nations Office on Drugs and Crimes (UNODC).

In order to reduce the crime of child trafficking Southern African Development Community (SADC) member, states introduced Immigration laws and policies which are in line with the guidelines provided by the United Nations (UN).

For the reason stated above, the Republic of Botswana, through its Ministry of Nationality, Immigration and Gender Affairs issued a press release on 19 October 2016 referenced MLHA1/14/111(146) titled, “REQUIREMENTS FOR MINORS TRAVELLING THROUGH ALL BOTSWANA PORTS OF ENTRIES.”

This new law was effective on 1 October 2016. And for the benefit of the travelling public, the press release stated that minors would be anyone below eighteen years of age.

The required documents for the minors were stated as, valid passports and certified copies of unabridged birth certificates. Unabridged birth certificates-loosely called the long birth certificates which have the details of both the father and mother. In the event that one parent did not travel with the child then that parent must attest an affidavit consenting to such travel of the minor child. However, if the father’s name does not appear on the child’s birth certificate then the requirement for an affidavit falls away, that is, if the child is accompanying the mother.

The Botswana Government further justified the new Immigration law, thus to manage the movement of children across Botswana’s borders with the ultimate goal of tackling human trafficking. All this was in line with the United Nations Anti Human Trafficking Protocol which calls upon governments to make deliberate measures aimed at combating human trafficking.

This new law affects everyone travelling across Botswana ports of entry. Therefore all Botswana Embassies disseminated this communique to their respective constituencies including Immigration authorities in Zimbabwe.

Two years later, some travellers are still professing ignorance about this requirement. First-time travellers would be understood. Still, once at the port of entry, the first time travellers are expected to comply with the requirements.

It is prudent upon intending travellers to check the visa requirements of the country they intend to visit before embarking on the journey. Most of the visa requirements would be found on the Home Affairs websites of various countries. If no such information is available then a trip to the embassy of the country intended to be visited would be helpful. If there are no diplomatic ties then an email or phone call would be cheaper than to be turned away or inconvenienced at a port of entry.

There are some exemptions to the above scenario.

• Both parents are not travelling with a minor child. Then each of the parents would write an affidavit authorising the person travelling with the child in addition to the child having a valid passport and a certified copy of an unabridged birth certificate.
• If one parent is deceased. Then in addition to a valid passport and unabridged birth certificate, a death certificate of the deceased parent would be required.
• In cases where the parents have been divorced then the divorce certificate would also be required.
• In cases were the parents for some reason are both alive but are no longer together and their relations are strained to the extent that they may be termed hostile then the parent with the child will have to have a court-ordered custodianship.
• If the child is an adopted child then an adoption order will have to be produced.
• Above all the mentioned scenarios if anyone other than the above-mentioned people are travelling with the child then in addition to the stated documents the person with the legal custodianship of the child will have to write an affidavit.

Immigration jurisdictions follow the principle of reciprocity and in Zimbabwe, a child is anyone under the age of eighteen years according to section 81 of the Constitution of 2013.

Once the Republic of Botswana introduced the new requirements the Republic of Zimbabwe also introduced the same requirements. This allowed for the smooth operations were a similar standard is set. The principle of reciprocity at play.

The primary legislation used by border officials is the Immigration Act. Once a traveller does not comply with the above stated requirements all effort is made to ensure that they comply, for example, if both parents are there and they do not have a birth certificate, they may be advised to visit the nearest District Registry office and apply for a duplicate one, that is, if it is during a working day or working hours.

As alluded above, Child Trafficking is a global vice because the Transnational Organised Crime gangs reap huge profits as they sell the children as slave labourers, child prostitutes, sex slaves, child pornography or even harvesting body organs and parts.

The Constitution of Zimbabwe is an all-encompassing document because it allows our courts to take into account international law, all treaties and conventions to which Zimbabwe is a party according to section 46. This calls into play the enforcement of The SADC Protocol on the facilitation of Movement of Persons, The United Nations Anti Human Trafficking Protocol, The United Nations Convention on Transnational Organised Crime as supplemented by The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children ( The Parlemo Protocol).

Children are a vulnerable group of trans border travellers. Their best interests are guaranteed at legally gazetted ports of entry and exit. Parents and guardians, it is safe to practise safe legal migration especially when accompanied by children.