Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Other comments on C182

Observation

Direct Request

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Articles 3(a), 5 and 7(1) of the Convention. Trafficking of children, monitoring and penalties. In its previous comments, the Committee noted that section 284 of the Children’s Act of 2005 prohibited trafficking of children under 18 years of age or allowing a child to be trafficked. It also noted that a Children’s Act reporting matrix was developed for provincial Departments of Social Development (DSD) and civil society organizations, which are the monitoring mechanisms of the Children’s Act. The Committee further noted that the Prevention and Combating of Trafficking in Persons Act (PCTP Act), which provides for a comprehensive tool to combat trafficking of persons, including trafficking of children came into force in August 2015. The Committee requested the Government to provide information on the application in practice of the PCTP Act and of the Children’s Act.

The Committee notes the Government’s information in its report that the Department of Justice and Constitutional Development, in collaboration with the United Nations Office on Drugs and Crimes (UNODC) launched the Prevention and Combating of Trafficking in Persons National Policy Framework (NPF) in April 2019. The NPF supports the implementation of the PCTP Act and seeks to ensure that all government departments and other engaged stakeholders from civil society are collectively guided in the implementation of anti-trafficking responses and of their statutory responsibilities. The Committee also notes the Government’s information that trainings were provided to immigration officers and prosecutors by the Department of Home Affairs and the National Prosecuting Authority in identifying and dealing with cases related to trafficking in persons. The Government further indicates that a National Inter-sectoral Committee of Trafficking in Persons which comprises of national departmental representatives from Justice and Constitutional Development, Health, Home Affairs, International Relations and Cooperation, Labour, Social Development, the NPA and civil society organizations was established. This Intersectoral Committee leads the implementation and administration of the PCTP Act at the national level. In addition, Provincial Task Teams and Provincial Rapid Response Teams are also established to attend and deal with complaints and pending cases related to trafficking of persons and to ensure the efficient monitoring of such cases.

The Committee, notes moreover the Government’s indication that South Africa is a primary destination for trafficked persons in the Southern African region and within Africa at large as well as an origin and transit country for trafficking to Europe and North America. Men, women and children are being trafficked for forced labour, commercial sexual exploitation and forced begging. Moreover, girls are trafficked internally, from rural to urban areas for sexual exploitation and domestic servitude, while boys are trafficked for work in street vending, begging, agriculture, and mining. The Committee, however, notes that the Government has not provided any information on the application in practice of the PCTP Act and of the Children’s Act in relation to the convictions and penalties applied for the offences of trafficking in children, despite the prevalence of this phenomenon in the country. The Committee therefore requests the Government to provide information on the application of the PCTP Act and of the Children’s Act in practice, including statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years. It also requests the Government to provide information on the activities carried out by the National Inter-sectoral Committee, the Provincial Task Teams, the Provincial Rapid Response Teams and the DSDs as well as the measures taken within the NPF in effectively implementing the PCTP Act and the Children’s Act and their impact in preventing and combating trafficking of children under 18 years of age.

Articles 6 and 7(2) clause(b). Programmes of action to eliminate the worst forms of child labour and effective and time-bound measures to provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour. Trafficking in children. The Committee previously noted that the PCTP Act provided for the protection and assistance for victims of trafficking. It also noted the various provisions under the Children’s Act regarding the reporting of, and dealing with child victims of trafficking, their repatriation, as well as health care services and assistance for children in need of care and protection. The Committee requested the Government to provide information on the number of child victims of trafficking, both internal and transborder, who have benefited from the rehabilitation and social integration measures pursuant to related provisions of the Children’s Act and of the PCTP Act.

The Committee notes that the Government has not provided any information in this regard. However, it notes from the Governments report that one of the objectives of the NPF is to ensure the early identification of potential and presumed victims of trafficking and to ensure their access to comprehensive assistance programmes. In this regard, the Committee notes that the NPF aims to promote a cooperative and aligned response among all government departments as well as with civil society organisations engaged in assisting and supporting victims of trafficking. The Committee also notes the Government’s information that the Global Action to Prevent and Address Trafficking in Persons and the Smuggling of Migrants (GLO-ACT) (2015-2019), a joint initiative by the European Union (EU) and the UNODC is being implemented in partnership with the International Organization for Migration and UNICEF. This project aims to support the development of more effective responses to trafficking and smuggling, including providing direct assistance to victims of trafficking and vulnerable migrants through strengthening the identification, referral and support mechanisms. The Committee requests the Government to provide information on the specific measures taken within the framework of the NPF and the GLO-ACT in providing for appropriate services and assistance to child victims of trafficking. It also requests the Government to provide information on the impact of such measures, in terms of the number of children who were prevented or withdrawn from trafficking and then rehabilitated and socially integrated.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee requested the Government to provide information on the concrete measures taken to ensure access to free basic education for all children, and their impact on increasing school enrolment rates and reducing the number of out-of-school children and drop-out rates.

The Committee notes the Government’s information that South Africa has high levels of school enrolment and attendance rates with 98 per cent of children (11.2 million) aged 7-17 years attending some form of education. Out of a total of 11.5 million children of this age group, 254,000 children were reported as not attending school in 2017. The Government indicates that the main set of reasons for non-attendance relate to financial constraints (12 per cent), learner or education system failures (8 per cent), or being unable to perform at school (7 per cent). Moreover, pregnancy accounts for around 7 per cent of drop-out amongst teenage girls. Research indicates that children from more disadvantaged backgrounds with limited economic resources, lower levels of parental education, or have lost their mother are likely to drop out of school. Moreover, physical access to school remains a problem for many children, particularly those living in remote areas. The Committee notes the Government’s statement that the Child Labour Programme of Action- Phase IV, 2017-2021, aims to focus and guide the efforts of the government departments and civil society organisations serving the interest of children. The Committee notes that according to the findings of the Survey of Activities of Young People of 2015, the proportion of children not attending school declined by 0.5 per cent compared to 2010. The Committee further notes from the official website of the Government of South Africa that the Department of Basic Education (DBE) aims to develop, maintain and support a South African School education system for the 21st century through focusing, among others, on accelerating delivery and improving school infrastructure; enhancing teaching and learning; improving Grade 12 completion rates; and implementing the National School Nutrition Programme. The Committee notes that the DBE aims to provide meals to more than nine million children each year. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to facilitate access to free basic education of all children, particularly children from disadvantaged communities and in remote areas. It requests the Government to continue to provide information on the measures taken in this regard, and the results achieved, particularly with regard to increasing school enrolment, attendance and completion rates, both at primary and secondary level, and reducing school drop-out rates as well as the number of out-of-school children.