Child Trafficking; National Programme of Action for Children: briefing

Meeting Summary

A summary of this committee meeting is not yet available.

Meeting report

JOINT MONITORING COMMITTEE ON IMPROVEMENT OF QUALITY OF LIFE AND STATUS OF CHILDREN, YOUTH AND DISABLED PERSONS

JOINT MONITORING COMMITTEE ON IMPROVEMENT OF QUALITY OF LIFE AND STATUS OF CHILDREN, YOUTH AND DISABLED PERSONS
24 April 2002
CHILD TRAFFICKING; NATIONAL PROGRAMME OF ACTION FOR CHILDREN: BRIEFING

Chairperson: Ms H Bogopane

Documents handed out:
The Trafficking of Children for purposes of Sexual Exploitation: South Africa (a report conducted in 2000 by Molo Songololo)
Powerpoint presentation by Molo Songololo

SUMMARY
Molo Songololo, a child rights organisation, briefed the Committee on child trafficking which was the topic of a research project conducted in 2000. The Committee was asked to become partners with Molo Songololo in advocating and lobbying for the rights of children in this area. They will meet again on 14 May to discuss this.

The National Programme of Action for Children (NPA) discussed their facilitation of:
- South Africa's participation in the International Day of Children on 1 June 2002
- Preparations and Reports to be submitted to the United Nations Summit on Children
- Child Rights month in October 2002.

MINUTES
Child trafficking: presentation by Molo Songololo
Ms D Mobilyn outlined the aims of the organisation, Molo Songololo, which is advocacy and lobbying around violations of children's rights and to enhance service delivery to children from the national, provincial and local spheres. One of its research projects had focused on child trafficking and sexual exploitation. The report wished to raise awareness of the problem and it recommended:
- the development of relevant legislation,
- restorative justice for victims and
- the National Programme of Action for Children (NPA) in the Office of the President embark on an education programme about the issue.

The United Nations estimated that two to four million children were traded for domestic work labour and prostitution against their will. The research focused on the phenomena of trafficking of children including cross-border trafficking. Amongst those interviewed were the South African Police Force, Border Control, the Child Protection Unit, gangsters and children.

It was discovered that crime syndicates from Eastern Europe, Mozambique and Thailand also contributed to the trafficking situation in South Africa. She explained that there was inadequate legislation surrounding the problem of trafficking. She recommended that legislative changes were imperative and that there was a drastic need for service providers. Also a register of sex offenders should be kept by the South African Police (SAP).

She then focused her discussion on child prostitution basing it on the assumption that child prostitution equals sexual exploitation. Children under the age of eighteen years are not paid financially in cash or profit for their sexual services. Instead they are paid in kind, they are given school fees, shelter and food in exchange for sex. She defined trafficking as the recruitment of children through sale, abduction and use of force. It included sexual, emotional and physical abuse. Trafficking is a global phenomenon, Eastern Europe, Asia, Latin America and Africa are the fastest growing countries in the global economy.

Causal factors are attributed to the increase in unemployment and poverty; increasing numbers of high school drop-outs; inadequate service providers and legislation; lack of awareness of the increased demand for sex from South Africa and foreign countries; lack of conviction of offenders. National involvement and acknowledgement of the problem is required. Other factors include economic inequalities, urban migration, attitudes of people, and the gaps in policy-making as a result of poor policy implementation.

Services for victims are of great necessity as safety is required, and because children are often stigmatised and this results in them returning to prostitution. Often when these children are returned home, no further investigations are conducted and offenders are not imprisoned.

Ms Mobilyn differentiated between cross-border trafficking and in-country trafficking. South Africa is a transit country for Eastern Europe, South East Asia, Ethiopia, Kenya, etc. Methods that are used include job offers to parents for children to work in restaurants. Children are then transported to different countries and indebted to the trafficker. Sometimes the parents are aware but more often they are not aware of what will happen to their children.

In-country trafficking involves the transporting of children from rural to urban areas, inter provincially, inter city, within communities and within gangs. An example from a case study is the abduction of fifteen girls in broad daylight in the Golden Acre, Cape Town. While shopping these girls were surrounded by gangster and forced at gunpoint to a residential place where they were enslaved. They were held captive for a long period of time and were beaten, forced to drink, do drugs, prostitute, and become part of the gang.

She then shifted her discussion to aspects of law. That there are virtually no legislation to ensure the conviction of traffickers. She admitted to there being international instruments and South African Statutes that govern child protection. This included, The Child Care Act, Prevention of Organised Crime Act, Alienation Act, Sexual control Act which is currently under review, Prevention of Family and Violence Act. The South African Law Commission also has a chapter on trafficking and sexual exploitation of children. South Africa is signatory to the United Nations Convention, that is, the Children's Rights Convention (CRC) and to the OAU and Hague Conventions on the Rights and Welfare of Children. The task of their report however was to lobby for legislation as law so in order for traffickers to be charged and convicted on the count of trafficking. She concluded by saying that South Africa is merging as a key role player in trafficking and that there is sufficient evidence of in-country and cross-boarder trafficking to warrant elimination of this phenomenon.

Discussion
Mr B Willem (ANC) asked whether South African children were being trafficked to other countries, and if so, to which countries specifically? Were these foreign countries in a better position to help South Africa with their trafficking problem.

Ms E Ghandi (ANC) asked whether the research project was confined to Cape Town or whether it was done countrywide. She also expressed concern about an article that she had received from the United States nominating South Africa as the "key player in sexual exploitation". She said that such reports deter visitors from South Africa. She then asked what the extent of the research was to warrant such a statement and whether any accurate figures and samples were available?

Mr N Raju (DP) was most surprised that there was no legislation governing trafficking.
He then recommended that the Office of the President should make an urgent presentation involving legislative input.

Ms E Ghandi (ANC) said that when one goes to another country, a visa is required. She asked what role the Department of Home Affairs played in the transportation of children from one country to another.

Ms D Mobilyn commenting that children sent back to their own countries are often exposed to the same harsh conditions. She recommended that if these imported children are found in South Africa, the government must institute mechanisms to integrate them back into their countries. She introduced her colleague, Ms V Anthony, who was extensively involved in the research to give in-depth answers to the questions asked.

Ms V Anthony said that at the beginning of the research they were very unsure as to what they were going to find. They were however shocked at what they found at a local level - that children where being trafficked from community to community from gang to gang.

With regard to cross-border trafficking, she said that their studies show several examples of children being imported and exported for purposes of trafficking. Mozambique placed an advertisement for children to work on a farm in Mpumalanga, but it is alleged that they worked in collusion with officials at the border. Upon interviewing the communities, they learned that ten girls were offered jobs in South Africa, these girls were kept against their will without escape in a house in Wintersveld. The community became suspicious and investigated. They managed to save the girls but there was no legislation to prosecute the trafficker.

With regard to South Africa playing a role in cross-border trafficking, she said that it is the transit country for Bangkok. South Asia and Thailand brought children to South Africa under false pretences. She identified vulnerable groups as being the unemployed, poverty and those who did not attend school. The poor communities of Thailand are for example targeted and children are brought to South Africa. These children are given official status by providing them with a visa. Once inside, their passports are confiscated immediately. These children are not proficient in any official languages and are in complete control of the trafficker and virtually become the "doormats" of the trafficker.

She then estimated that it costs R60 000 to come to South Africa. The children need to pay the trafficker back for this expense by sleeping with men in order to repay their debt. They have no medical care. Once their R60 000 debt is paid off, they are resold to another brothel and so the indebtedness continues.

Ms H Bogopane asked about the extent of the research in South Africa.

Ms V Anthony replied that the research was extended to a national level. The research first started in Cape Town amongst local sex workers, brothels and people on the streets. This in turn led them to Durban, Johannesburg and then to Pretoria. Most of the children came to these areas in search of their parents who had migrated to the cities, or in search of jobs. They did not return home but instead remained in these areas and eventually resorted to prostitution. Most of these children prostitutes were under the age of thirteen. Traffickers would then lodge onto them and that is how the cycle began.

Mr T Setona (ANC) questioned South Africa being identified as the world capital of child trafficking. He asked about international research on trafficking and whether there were any comparisons made to South Africa.

Ms Mobilyn replied by reiterating that South Africa is an emerging market for child trafficking.

Mr M Moss (ANC) wanted to know what type of gangsters was committing these offences. He asked for the predominant race of the victims.

Ms Mobilyn replied that the type of traffickers indicates gangs but it also included ordinary persons that would not be suspected. The reasons for trafficking continuing were the low risk factor and because returns are high. Ways and means of expanding the trafficking market was relatively safe. She said that victims in the Western Cape were mostly among the "coloured community". She explained that research was not done in different areas as interviews were conducted where the problem manifested itself and that was amongst prostitutes and children. Globalisation and commodification captures young children from poorer families and this places them in a vulnerable state.

Mr Setona (ANC) asked how the fact that South Africa was an emerging market had been arrived at.

Ms V Mobilyn replied by referring to the people who were traced as traffickers. It was mostly ex-prisoner gangsters. As Molo Singololo was the first to make a study in South Africa on the topic of child trafficking, there are no existing statistics but the research indicates that something has to be done about the problem of trafficking.

She gave a local scenario of how typically trafficking came into existence. A child would be kidnapped in Mitchell's Plain by a gangster who would offer the mother money in exchange for the child. The mother being poor and having the rest of the household to feed, agrees and gets a monthly payment for the child. This is how parents get involved in trafficking. The gangster then has the child gang-raped and beaten to force the child to raise money on the streets.

She remarked that South Africa has little or rather no prosecution for child prostitution. She pointed out the difference between child prosecution and trafficking. South Africa is emerging as a market for trafficking because of socio-economic factors. She noted the case study of the fifteen abducted girls in their research. They managed to escape to tell the story but the trafficker was only charged with kidnap, rape and assault. He was not charged for trafficking and eventually got bail. It is therefore necessary to understand the need to curb trafficking.

Mr N Mtirara (UDM) was amazed at the cases Molo Singololo had quoted. He wanted to know to whom the cases had been referred and what actions had been taken.

The Chairperson noted the close relationship between trafficking and poverty and unemployment. She suggested that if poverty levels were addressed then it would indirectly minimise trafficking. She highlighted four points:

- the poor implementation of policies in South Africa, that policies did exist but were not being implemented. This she said gives them a sense of where to start.
- she highlighted anticipated legislation and said that the task of the Committee is to ensure that the government meets the obligations of international instruments.
- the National Programme of Action for Children (NPA) had existed since 1996 and is an active monitor to ensure that the problem is attended to.
- South Africa is signatory to the Children's Rights Convention (CRC).

In respect of families, it is clear that parents do play a significant role. She asked what Molo Singololo recommended be done with these children. She drew on the example of a film by Shadow Pictures in which parents allowed their children to act in a documentary on baby rape. She wanted to know why parents allow this as it is certainly not in the best interest of the child.

Ms Mobilyn replied to the Chairperson's points by saying that there is a link between trafficking and the socio-economic crisis in the country. There is a need for strategies for poverty. In terms of poor policy implementation, implementation is not looked at effectively and policy-making takes a long time. In the same way more effective policy strategies are needed with regard to poverty and trafficking so as to accommodate for it working practically. She said that the National Programme of Action for Children does have a monitoring role to see how campaigns are implemented and what the resonse in that regard is.

Ms Anthony replied that policy since 1994 had concerned itself with the issues of children. The Constitution embraces the rights of children but this is not properly implemented. When a child's rights are violated, the child informs the parent, who informs social services, who then informs the supervisor. This bureaucracy does not help the child. The National Programme of Action for Children does actively campaign government structures, but there exists a pressure to do more as a matter of urgency. There is a need for specialised units in the police service to understand trafficking as the victimised child has special needs such as counselling. Ms Mobylin added that the police need to be sensitised when dealing with victimised children.

Ms H Bogopane asked what should be done with the parents.

Ms Anthony replied that even when traumas are discovered there no are healing centres or organisations to help these children overcome their pain. Counselling for parents should also be introduced so that they can learn how to deal with their children. The role of parents and their needs have to be understood. She gave the example of a mother who trained her child by having sex with him, he was then sent out to the streets to make money. The social workers did not lay a charge but instead counselled the parents.

Ms E Ghandi (ANC) said she was shocked by these case studies. She wanted to know what happened to the children after the interviews. She was also concerned about the media and the restraint needed to stop South Africa being branded as the capital of all crimes.

Mr P Solomons (research project manager) replied that their main concern is the children and not statistics or the image of South Africa. He referred to the South African Human Rights Commission report which revealed that criminal justice fails at the protection of children. He asked how one could begin to facilitate the process. He stated that the system does provide for some recovery but it fails to look at the long term recovery process. Molo Songololo is not in the position to provide for all children, they can only deal with small support groups. Their intention is to pull resources from the government to provide an adequate service and response to children.

Ms E Ghandi (ANC) said she was confused because on the one hand, there are these shocking case studies and on the hand many seventeen year old girls are fighting for their rights as sex workers.

Mr P Solomon replied that the definition of child was persons under the age of eighteen years. Children under eighteen engage in sex where forced to and that is a reality. Many people are sensitised to this issue but choose to remain blind to it. He wanted to know what can be done and how these victims can be rescued. Children often land back into in the same scenarios because services are not adequate enough. Children are stigmatised by other children and by the community as a whole and it is difficult to integrate them back into society. He asked again, how it could be ensured that services were provided more adequately. One should not be caught up in discussing numbers as there are enough reports of child rape and abuse which surely indicates that there is a huge prevailing problem.

The Chairperson said that what needs to be questioned is whether legislators can deal with filling in the gaps. She suggested that the country needs to take on board international instruments to implement legislation and by joining other countries in fighting sexual exploitation and trafficking. Research also needs to be taken further to incorporate the role of parents and cultural aspects. She assured Molo Songololo that they do have the Committee's partnership in trying to curb the problem of child trafficking. However she requested that the Committee's role be defined. She then reaffirmed the Committee's participation and ensured their role in facilitating the process and filling the gaps.

Ms Mobilyn replied that discussion on a partnership between the Committee and Molo Songololo and of the Committee's role would be dealt with in their next meeting on 14 May.

National Programme of Action for Children (NPA)
Ms Sitobo briefed the Committee.

United Nations Summit on Children

She said that the Child Rights policy needed a blue print. A national campaign would be held in which government, communities and children would engage in workshops in nine provinces. There was a need to mobilise beyond government. Policy helps to mobilise the project.

With regard to the United Nations report, she said that the first draft of the report had been completed by the NPA and it had gone to Cabinet. Hearings in the nine provinces will be held on the report. Thereafter it will be submitted to the Committee. Civil society was working on their report as an NGO report to be given to the United Nations. She expressed support for these different reports as they provided a different viewpoint in light of democracy.

International Children's Rights Day: 1 June 2002
With regard to this day, she said that it is necessary to look at the mood of the country. What exists in people's minds are child abuse, prostitution, road accidents, drowning. There was a need to unravel this and find statistics. More effective data is required for the mental health of our nation. She is currently working with Statistics South Africa on how to work with children and how to compare South Africa scientifically with other countries.

The 1 June 2002 project aims at looking at how children themselves can take responsibility for their rights. Children have rights and responsibilities and this needs to extend beyond schools. Each School Representative Council will educate its school about the issue of violence against children. They need to go beyond their roles in the School's Act and beyond the borders of schools in order to give guidance to other learners. Workshops with learners should be held to communicate their responsibilities and to teach them about freedom and democracy. The country needs a moral regeneration going beyond rights to the arena where roles are played effectively to ensure a psychological healthy nation of children.

Psychologically children are not being served well enough. She used the example of rape and said that we as a nation should realise the consequences on the minds of children and how statistics impact on children. Children are constantly afraid awaiting something bad to happen. Ordinary citizens also need to take responsibility. Parents should make their children aware while at the same time ensuring their safety.

October: child rights month
With government declaring October child rights month, she said that a variety of events have been scheduled to highlight children's issues. Child Rights Awards will be held during the month to acknowledge people who work with children on little income. These include unusual people who go beyond the call of duty, for example, pensioners who work with children. There will also be a tribute to children who improve their environment, this aims at encouraging more children to get involved. Ballots will be sent to schools asking children about involvement in projects.

Ms Sitobo spoke about the need to acknowledge the great impact of the media on children. A Media Code will be adopted by first finding out what programmes children like and what they learn from them. She said that they could only protect children from the media if they engage with this information given by the children. The media cannot be controlled, but what can be controlled is how one reacts to the media. Children believe what they see because it is difficult for them to distinguish fiction from fact. How does one ensure that the violence in the media does not impact negatively on children. Studies have shown that TV games result in children behaving in a criminal way. She said that what is required is prevention around issues instead of just looking at the children's behaviour, the cause should be examined. The media seems to be desensitising violence -inserting unbelievable violence into cartoons. A conference on the positive and negative impact of media on children was held where countries were compared. It revolved around the question of raising positivist children. Studies show that Sweden for example manages to control children's rejection of violence. She said that we should stop our historical cycle and try to raise positivist children.

She spoke of their plan to use the elderly within the child rights arena. They have developed the concept of the elderly adopting a school and visiting to tell folk tales. This contributes to moral regeneration as moral lessons lie behind the stories of the elderly. They would give hope to the elderly who do not have much to do with their lives, this process would result in the interaction between children and elderly.

A massive march against non-payment of maintenance and a call for responsibility by men is also scheduled for October. The march will be held in different areas and aims at highlighting men's responsibility in ensuring that their boys become responsible individuals.

Yvonne Chaka Chaka has written a song called "Take Time" which will be released in October. It focuses around loving children, parents spending time with their children and guiding them into the future. She concluded by saying that the National Programme of Action for Children (NPA) aims at working around government to fill the gap between community and their response to the project. She added that religious institutions, traditional leaders and the community at large should be part of the movement.

Discussion
The Chairperson thanked Ms Sitobo for her recommendations and stated that the input of NPA improves the functioning of the Committee in improving the quality of life of children. She also added that parental responsibility needs to be built into the career choices of parents.

Ms E Ghandi (ANC) said that the October programme seems big and comprehensive but mentioned that she fears lack of capacity to run with the programme. She suggested that the programme be developed into the school curriculum. She asked how benefits of the programme could be maximised.

Ms Sitobo replied that the School Representative Council is to incorporate the programme into the school's educational programme. This is to ensure that children are capacitated as this is a challenge around leadership as the responsibility is multiplied for children.

Mr G Lucas (ANC) said he was concerned that last year's statistics on the 1 June event shows little information on any aspect of children. He commented that the October programme is promising but a good early start will be needed. The NPA has to ensure its success by allowing the programme to continue beyond the month of October.

Ms Sitobo replied that they have been engaged in talks with Statistics South Africa about developing a questionnaire for census. This includes children incorporation but some questions such as violence against children cannot be asked because it is too sensitive a topic. Questions about orphans and child-headed households are included. She said that reliable statistics would be available next year as information is going to be retrieved from children themselves. She also noted that the programme involved the whole of government. Generally the committee can be involved in most things excluding planning. She added that the programme is sustainable, as it is just the beginning of a process in the child rights movement, and it is meant to work throughout the year.

Mr N Raju (ANC) asked about the role of teachers as they possess powerful influence. He said that education must be a voyage of knowledge and that teachers should try and excite the children about learning material.

Mr Sitobo replied that teachers must play a huge role and the programme aims to mobilise the Teachers Union. He suggested that perhaps the Committee ccould declare a "switch off TV day" so that parents can communicate with children and spend more quality time with them.

The Chairperson thanked to the National Programme of Action for Children (NPA) as it gives the Committee, as public representatives, the opportunity to debate their role and power and how to interact with their constituents. The Committee will call for public hearings. Finally, the Civil Rights reports and the National Programme of Action for Children reports should eventually be combined and that they should work together.

Audio

No related

Documents

No related documents

Present

  • We don't have attendance info for this committee meeting

Download as PDF

You can download this page as a PDF using your browser's print functionality. Click on the "Print" button below and select the "PDF" option under destinations/printers.

See detailed instructions for your browser here.

Share this page: