Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Worst Forms of Child Labour Convention, 1999 (No. 182) - South Africa (Ratification: 2000)

Other comments on C182

Observation

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Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted the adoption of Children’s Act No. 38 of 2005, but observed that only certain sections of the Children’s Act had come into force. It noted that the Act would not come fully into effect until after the finalization and adoption of the Children’s Amendment Bill and its regulations. The Committee expressed the firm hope that the Children’s Act, along with the Children’s Amendment Bill, would soon be adopted.

The Committee notes that the Children’s Act, 2005, as amended in 2007, came into force on 1 April 2010. The Committee notes with satisfaction that section 284 of the Children’s Act prohibits the trafficking of children or allowing a child to be trafficked. Section 1 of the Children’s Act defines a child as a person under the age of 18, and defines trafficking to include the recruitment, sale, supply, transportation, transfer, harbouring or receipt of children within or across the borders of the country.

Article 7(1) and Part V of the report form. Penalties and the application of the Convention in practice. The Committee previously noted the Government’s statement that the South African Police Services and the Department of Social Development were developing systems for compiling data related to the trafficking of children and the commercial sexual exploitation of children. It requested the Government to provide information from this data, as well as information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied under the Criminal Law (Sexual Offences and Related Matters) of 2007 with regard to the worst forms of child labour.

The Committee notes the information in the Government report that through inspections, no child victims of trafficking, child slavery, commercial sexual exploitation and hazardous work have been identified. However, the Committee also notes the information in the Government’s report that four cases of child trafficking were reported in the North West Province in 2010. The Committee further notes the Government’s statement in its report to Committee on the Elimination of Discrimination Against Women (CEDAW) of 24 March 2010 that law enforcement agencies and research institutions have identified South Africa as one of the countries in the region that is used by organized traffickers of human beings as a destination, transit and country of origin of victims, including child victims (CEDAW/C/ZAF/2-4, paragraphs 6.6 and 6.9). In addition, the Committee notes that CEDAW, in its concluding observations of 5 April 2011, expressed concern that statistics on the number of women and girls who are victims of trafficking for sexual and economic exploitation are not available and at the Government’s failure to address the root causes of trafficking and prostitution (CEDAW/C/ZAF/CO/4, paragraph 27). The Committee, therefore, requests the Government to strengthen its efforts to combat the trafficking and commercial sexual exploitation of persons under the age of 18, and to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of perpetrators of these offences are carried out. It also requests the Government to take the necessary measures to ensure that sufficient data on the worst forms of child labour, particularly trafficking and commercial sexual exploitation, is made available and to provide this information in its next report. To the extent possible, all information provided should be disaggregated by sex and age.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour. Child victims of trafficking. The Committee previously requested the Government to provide information the measures taken for the removal and rehabilitation of child victims of trafficking.

The Committee notes the information in the Government’s report that two child victims of trafficking have been repatriated to Lesotho, and that the Department of Social Development is experiencing challenges with regard to the repatriation of two children to Mozambique. The Government indicates that these children are currently in temporary safe care. The Committee also notes the Government’s reference to several provisions in the Children’s Act providing for assistance to child victims of trafficking. In this regard, the Committee notes that section 286 of the Children’s Act states that the Director-General of Foreign Affairs must facilitate the return to South Africa of a child victim of trafficking who is a citizen or permanent resident of the country, including by issuing the relevant travel documents, and, where necessary, funding an adult to escort the child for this return. Moreover, section 289 of the Children’s Act states that a child victim of trafficking found in South Africa must be referred to a designated social worker for investigation, and must be placed in temporary care during this investigation. Such a child may then be assisted in applying for asylum, and may be authorized to stay in the country for care and protection. Section 290 of the Children’s Act states that a child may not be returned to his or her country of origin without consideration being given to the availability of care in this country, the safety of the child, and the possibility that the child may be subject to harm or once again become a victim of trafficking. The Committee requests the Government to provide information on the number of children who have benefited from the support provided for in sections 286, 289 and 290 of the Children’s Act, particularly the number of child victims of trafficking who have received care as well as assistance with regard to their repatriation.

Clause (d). Identify and reach out to children at special risk. Child orphans and other vulnerable children of HIV/AIDS (OVCs). The Committee previously noted the Government’s statement that the Department of Social Development, in collaboration with the National Action Committee for Children affected by HIV/AIDS, had developed and implemented a second National Plan of Action (2009–12) for orphans and other vulnerable children of HIV/AIDS. The Committee also noted that there were an estimated 1.4 million HIV/AIDS orphans in South Africa.

The Committee notes the information in the Government’s country progress report to the United Nations General Assembly Special Session on the declaration of Commitment to HIV/AIDS of 2010 that there are between 1.5 to 3 million child orphans in the country with one or both parents deceased. However, this report indicates that approximately 75 per cent of South Africa’s OVCs received some form of support, through child support grants, foster care grants and care dependency grants, and that the school attendance rate of orphans between the ages of 10–14 was only one per cent lower than the attendance rate of non-orphans. While appreciating the measures taken by the Government to protect orphans and other vulnerable children, the Committee expresses its concern at the increasing number of children orphaned in South Africa as a result of HIV/AIDS. Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to strengthen its efforts, within the framework of the National Plan of Action (2009–12) for orphans and other vulnerable children of HIV/AIDS to ensure that such children are protected from these worst forms. It requests the Government to provide information on the effective and time-bound measures taken in this regard, and on the results achieved.

The Committee is raising other points in a request addressed directly to the Government.